title: Council Decision of 22 March 1972 on the approval of the Fourth International Tin Agreement

text:
352                             Official Journal of the European Communities
17.4.72                         Official Journal of the European Communities                         No L 90/ 1
                                            COUNCIL DECISION
                                               of 22 March 1972
                           oo the approval ofthe Fourth International Tin Agreement
                                                 (72/ 155/EEC)
        THE COUNCIL OF THE EUROPEAN COMMUNITIES,
        Having regard to the Treaty establishing the European Economic Community, and in parti
        cular Article 1 13 thereof;
        Having regard to the Recommendation from the Commission;
        Whereas on 14 December 1970 the Council decided that the Community would participate
        in the International Tin Agreement, in accordance with Article SO thereof;
        Whereas that Agreement was signed on behalf of the European Economic Community on 27
        January 1971 ; whereas it is now desirable to approve it,
        HAS DECIDED AS FOLLOWS :
                                                  Sole Article
        The Fourth International Tin Agreement, the text of which is annexed to this Decision, is
        hereby approved on behalfof the European Economic Community.
        The President of the Council is hereby authorized to designate the person to deposit the in
        strument ofapproval.
        Done at Brussels, 22 March 1972.
                                                                          For the Council
                                                                           The President
                                                                            G. THORN
 ---pagebreak---                                        Official Journal of the European Communities                                         353
                                     FOURTH INTERNATIONAL TIN AGREEMENT
                                                          PREAMBLE
                THE CONTRACTING GOVERNMENTS,
                recognizing :
                (a) That commodity agreements, by helping to secure stabilisation of prices and steady deve
                    lopment of export earnings and of primary commodity markets, can significantly assist
                    economic growth, especially in developing producing countries;
                (b) The value of continued cooperation between producing and consuming countries, within
                    the framework of the basic principles and objectives of the United Nations Conference on
                    Trade and Development by means of an international commodity agreement, to help to
                    resolve problems relevant to tin ;
                (c) The exceptional importance of tin to numerous countries whose economy is heavily de
                    pendent upon favourable and equitable conditions for its production, consumption or
                    trade ;
                (d) The need to protect and foster the health and growth of the tin industry, especially in the
                    developing producing countries, and so to ensure adequate supplies of tin to safeguard the
                    interests of consumers in the importing countries ;
                (e) The importance to tin-producing countries of maintaining and expanding their import
                    purchasing power; and
                (0 The desirability of achieving the expansion of tin consumption in both developing and
                    industrialized countries ;
HAVE AGREED AS FOLLOWS :
                        CHAPTER I :                                     increase in the production of tin and a fair distribu
                                                                        tion of tin metal in order to mitigate serious difficul- •
                        OBJECTIVES
                                                                        ties which consuming countries might encounter;
                           Article 1                              (g) In the event of a surplus of supplies of tin occurring
                                                                        or being expected to occur, to take steps to mitigate
                          Objectives                                    serious difficulties which producing countries might
The objectives of this Agreement are :                                  encounter ;
(a) Tc provide for adjustment between world production             (h) To review disposals of non-commercial stocks of tin
    and consumption of tin and to alleviate serious diffi              by Governments and to take steps which would
    culties arising from surplus or shortage of tin ;                   avoid any uncertainties and difficulties which might
                                                                        arise;
(b) To prevent excessive fluctuations in the price of tin
    and in export earnings from tin;                              (i) To keep under review the need for the development
                                                                        and exploitation of new deposits of tin and for the
(c) To make arrangements which will help to increase
                                                                        promotion, through, inter alia, the technical and fi
    the export earnings from tin, especially those of the               nancial assistance resources of the United Nations
    developing producing countries, thereby helping to
                                                                        and other organizations within the United Nations
    provide such countries with resources for accelerated
                                                                        system, of the most efficient methods of mining, con
    economic growth and social development, while at
                                                                        centration and smelting of tin ores ; and
    the same time taking into account the interests of
    consumers in importing countries;                             (j) To continue the work of the International Tin Coun
                                                                        cil under the First, Second and Third International
(d) To ensure conditions which will help to achieve a
                                                                        Tin Agreements .
    dynamic and rising rate of production of tin on the
    basis of a remunerative return to producers, which
                                                                                CHAPTER II :
    will help to secure an adequate supply at prices fair
    to consumers and to provide a long-term equilib                                       DEFINITIONS
    rium between production and consumption;
                                                                                Article 2
(e) To prevent widespread unemployment or un
    der-employment and other serious difficulties which                                      Definitions
    may result from maladjustments between the supply
                                                                  For the purposes of this Agreement :
    of and the demand for tin ;
(0 In the event of a shortage of supplies of tin occurring        Tin means tin metal, any other refined tin or the tin con
    or being expected to occur, to take steps to secure an        tent of concentrates or tin ore which has been extracted
 ---pagebreak---  354                                     Official Journal of the European Communities
 from its natural occurrence. For the purposes of this de           into force is provisional in accordance with Article 47 or
 finition, 'ore' shall be deemed to exclude                         definitive in accordance with Article 46 .
 (a) material which has been extracted from the ore body
      for a purpose other than that of being dressed and             Control period means a period which has been so de
                                                                    clared by the Council and for which a total permissible
(b) material which is discarded in the process of dress            export tonnage has been fixed.
      ing.
                                                                    Quarter means a calendar quarter beginning on 1 Janu
                                                                    ary , 1 April, 1 July or 1 October.
Tin metal means refined tin of good merchantable quali
ty assaying not less than 99.75%.
                                                                    Financial year means a period of one year beginning on
                                                                     1 July and ending on 30 June of the next year.
Buffer stock means the buffer stock established and oper
ated in accordance with the provisions of Chapter VIII                                       CHAPTER III :
of this Agreement.
                                                                                MEMBERSHIP IN THE COUNCIL
Tin metal held means the metal holding of the buffer
stock, including metal which has been bought for the                                           Article 3
buffer stock but not yet received, and excluding metal
which has been sold from the buffer stock but not yet                                 Participation in the Council
delivered, by the Manager of the buffer stock.                      Each Contracting Government shall constitute a single
                                                                    member of the Council, except as otherwise provided in
Ton means a metric ton, i.e. 1 000 kilogrammes.                     Article 49 .
Net exports means the amount exported in the circum                                           Article 4
stances set out in part one of annex C to this Agreement
less the amount imported as determined in accordance                                   Categories of participants
with part two of the same annex.                                    (a) Each member of the Council shall be declared by the
                                                                         Council, with the consent of the country concerned,
Participating country means a country whose Govern                      to be a producing or a consuming country, as soon
ment has ratified, approved or accepted this Agreement,                  as possible after receipt by the Council of notice
or given notification of intention to ratify , approve or                from the depositary Government that such member
accept it, or acceded to it, or any territory or territories             has deposited its instrument of ratification, approval,
whose separate participation has taken effect under Arti                acceptance or accession under Article 45 or 48, or
cle 49, or, as the context may require, the Government of                notification of intention to ratify, approve or accept
such country or of such territory or territories them                   this Agreement under Article 47.
selves.
                                                                    (b) The membership of producing countries and cons
                                                                         uming countries shall be based respectively on their
Producing country means a participating country which                    domestic mine production and their consumption of
the Council has declared, with the consent of that coun
                                                                         tin metal provided that :
try, to be a producing country.
                                                                         (i) The membership of a producing country which is
Consuming country means a participating country                               a substantial consumer of tin metal derived from
which the Council has declared, with the consent of that                      its own domestic mine production shall with the
country, to be a consuming country .                                          consent of the country be based on its exports of
                                                                              tin ;
Contributing country means a participating country                       (ii) The membership of a consuming country which
which has contributions in the buffer stock .                                 produces from its own domestic mines a substan
                                                                              tial proportion of the tin it consumes shall with
Simple majority means a majority of the votes cast by                         the consent of the country be based on its im
participating countries counted together.                                     ports of tin.
Simple distributed majority means a majority of the                 (c) In its instrument of ratification, approval, acceptance
                                                                         or accession or in its notification of intention to rati
votes cast by producing countries and a majority of the
votes cast by consuming countries, counted separately.                   fy, approve or accept this Agreement, each Contract
                                                                         ing Government may state the category of partici
Two-thirds distributed majority means a two-thirds                       pating countries to which it considers that it should
                                                                         belong.
majority of the votes cast by producing countries and a
two-thirds majority of the votes cast by consuming                  (d) At the first meeting of the Council after the entry
countries, counted separately.                                           into force of the Agreement, the Council shall take
                                                                         the decisions necessary for the application of this
Entry intoforce means, except when qualified, the initial                article by a majority of votes cast by the participat
entry into force of this Agreement, whether such entry                   ing countries listed in Annex A and by a majority of
 ---pagebreak---                                          Official Journal of the European Communities                                          355
     votes cast by the participating countries listed in                                         Article 7
     Annex B , the votes being counted separately and vot                   Composition of the International Tin Council
     ing rights being in conformity with Annexes A and B
     to this Agreement.                                             (a) The Council shall be composed of all the participat
                                                                         ing countries.
                           Article 5                                (b) (i) Each participating country shall be represented
                                                                               in the Council by one delegate. Each country
                      Change of category                                       may designate alternates and advisers to attend
(a) Where the position of a participating country has                          sessions of the Council.
     changed from that of a consuming to that of a pro
     ducing country, or vice versa, the Council shall, on                (ii) An alternate delegate shall be empowered to act
     the request of that country or on its own initiative                      and vote on behalf of the delegate during the tat
     with the country's consent, consider the new position                     ter's absence or in other special circumstances.
     and determine the tonnages or percentages applica
     ble.
(b) The Council shall determine the date when the tonn                                          Articles
     ages and/or percentages, as the case shall require,                           Powers and functions of the Council
     which it has arrived at under paragraph (a) of this
                                                                     The Council :
     article shall come into effect.
(c) From the date of coming into effect determined by                (a) Shall have such powers and perform such duties as
     the Council under paragraph (b) the Contracting                      may be necessary for the administration and opera
     Government concerned shall cease to hold any of the                  tion of this Agreement;
     rights and privileges in, or to be bound by any of the
                                                                    (b) Shall establish its own rules of procedure;
     obligations under, this Agreement which pertain to
     countries in its previous category and shall acquire            (c) Shall receive from the Executive Chairman, when
     all the rights and privileges in, and shall be bound by              ever it may request, such information with regard to
     all of the obligations under, this Agreement which                   the holdings and operations of the buffer stock as it
     pertain to countries in its new category :                           considers necessary to fulfil its functions under this
     Provided that :                                                     Agreement;
     (i) If the change of category is from a producing               (d) May request participating countries to furnish any
                                                                          necessary data concerning production, consumption,
          country to a consuming country , the country
          which has changed shall nevertheless retain its                 international trade and stocks and any other infor
          rights to the refund at the termination of this                 mation necessary for the satisfactory administration
                                                                          of this Agreement not inconsistent with the national
          Agreement of its share in the liquidation of the
                                                                          security provisions as laid down in Article 41 , and
          buffer stock in accordance with Articles 30, 31
          and 32 ; and
                                                                          the countries shall furnish to the fullest extent possi
                                                                         ble the information so requested;
     (ii) If the change of category is from a consuming
                                                                     (e) Shall, at least once in every quarter, estimate the
          country to a producing country, the conditions
                                                                          probable production and consumption of tin during
          laid down by the Council for the country which
          has changed shall be equitable as between the
                                                                          the following quarter, and it may consider the influ
                                                                          ence of such other factors as are relevant to the total
          country and the other producing countries al
                                                                          statistical tin position for that period;
          ready participating in the Agreement.
                                                                     (0 Shall make arrangements for the continuing study of
                                                                          the short-term and long-term problems of the world
                        CHAPTER IV :                                     tin industry ; to this effect it shall undertake or prom
                                                                          ote such studies on problems of the tin industry as it
         ORGANIZATION AND ADMINISTRATION                                  deems appropriate;
                                                                    (g) Shall keep itself informed of new uses of tin and the
                           A rticle 6                                     development of substitute products which might re
                                                                          place tin in its traditional uses;
                 The International Tin Council
                                                                     (h) Shall encourage wider participation in organizations
 (a) The International Tin Council (hereinafter called the
                                                                         devoted to research aimed at promoting the con
      Council), established by the previous International
                                                                         sumption of tin;
      Tin Agreements, shall continue in being for the pur
      pose of administering the Fourth International Tin            (i) Has the power to borrow for the purposes of the
      Agreement, with the membership, powers and func                   Administrative Account established under Article
      tions provided for in this Agreement.                               15 ;
 (b) The seat of the Council shall be in London, unless             (j) (i) Shall publish after the end of each financial year
      the Council decides otherwise.                                           a report of its activities for that year;
 ---pagebreak--- 356                                       Official Journal of the European Communities
      (ii) Shall publish after the end of each quarter (but           (d) The Executive Chairman shall preside over meetings
           not earlier than three months after the end of that             of the Council ; he shall have no vote.
           quarter, in the absence of a contrary decision by          (e) The      Council     shall   elect    annually a  first
           the Council) a statement showing the tonnage of                 Vice-Chairman and a second Vice-Chairman, cho
           tin metal held at the end of that quarter;
                                                                           sen alternately each financial year from among the
 (k) May appoint such committees "as it considers neces                   delegates of the producing countries and the dele
      sary to assist it in the performance of its functions,               gates of the consuming countries.
      and may draw up their terms of reference; these
                                                                      (0 If the Executive Chairman is temporarily absent, he
      committees may, unless the Council otherwise de                     shall be replaced by the first Vice-Chairman, or if
      cides, establish their own rules of procedure;                       necessary by the second Vice-Chairman, who shall
 (1) (i) May at any time, by a two-thirds distributed                     only have the duty to preside over meetings unless
           majority , delegate to any committee any power                 the Council decides otherwise. If the Executive
           which the Council may exercise by a simple dis                Chairman resigns or is permanently unable to per
           tributed majority r other than those relating to :             form his duties, the Council shall appoint a new
                                                                          Executive Chairman .
           - assessment of contributions under Article 16,
           - floor and ceiling prices under Articles 19 and          (g) When a Vice-Chairman performs the duties of the
               20,                                                        Executive Chairman he shall have no vote; the right
                                                                          to vote of the country he represents may be exercised
           - assessment of export control under Article 33,               in accordance with the provisions of paragraphs
           - action in the event of a tin shortage under                  (b)(ii) of Article 7 and (c) of Article 12.
               Article 37;
      (ii) Shall, by a two-thirds distributed majority, fix
                                                                                Article 10
           the membership and terms of reference of any
           such committee;                                                                Sessions of the Council
      (iii)May by a simple majority revoke at any time               (a) The Council shall hold at least four sessions a year.
           any delegation of powers to any such committee
                                                                     (b) The depositary Government shall call the first meet
           or the appointment of any such committee;
                                                                          ing of the Council under this Agreement in London.
(m) Shall make whatever arrangements are appropriate                      This meeting shall begin within eight days after entry
      for consultation and cooperation with :                             into force of the Agreement.
      (i) The United Nations, its appropriate organs                 (c) Meetings shall be convened, at the request of any
           (particularly the United Nations Conference on                 participating country or as may be required by the
           Trade and Development), the specialized agen                  provisions of this Agreement, by the Executive
           cies, other organizations within the United Na                Chairman or, after consultation with the first
           tions system and appropriate intergovernmental                 Vice-Chairman, and on his behalf, by the Secretary
           organizations ; and                                            in the event of the incapacity of the Executive Chair
      (ii) Non-participating countries which are Members                  man. Meetings may also be convened by the Execu
                                                                          tive Chairman at his discretion.
           of the United Nations or of its specialized agen
           cies or which were parties to the previous Inter         (d) Meetings shall, unless otherwise decided by the
           national Tin Agreements.                                       Council, be held at the seat of the Council. Except in
                                                                          the case of meetings convened under Article 29, at
                                                                          least seven days' notice of each meeting shall be
                                                                          given .
                            Articled
                                                                     (e) Delegates holding two-thirds of the total votes of all
 Executive Chairman and Vice-Chairman of the Council
                                                                          producing countries and two-thirds of the total votes
(a) The Council shall, by a two-thirds distributed ma                    of all consuming countries shall together constitute a
     jority and by ballot, appoint an independent Execu                  quorum at any meeting of the Council. If for any
     tive Chairman, who may be a national of one of the                   session of the Council, there is not a quorum as de
     participating countries. The appointment of the Exe                 fined above, a further session shall be convened after
     cutive Chairman shall be considered at the first ses                not less than seven days, at which delegates holding
     sion of the Council after the entry into force of this               more than 1 000 votes shall together constitute a
     Agreement.                                                           quorum.
(b) The Executive Chairman shall not have been actively
                                                                                Article 11
     engaged in the tin industry or in the tin trade during
     the five years preceding his appointment and shall                                           Votes
     comply with the conditions set out in Article 13 .
                                                                     (a) The producing countries shall together hold 1 000
(c) The Excecutive Chairman shall hold office for such                    votes which shall be distributed among them so that
     period and on such other terms and conditions as the                 each producing country receives five initial votes
     Council may determine.                                               and, in addition, a proportion as nearly as possible
 ---pagebreak---                                           Official Journal of the European Communities                                       357
     equal to the proportion which the percentage of that            (d) No participating country shall have more than 450
    country as listed in Annex A or as published from                     votes.
    time to time in accordance with paragraph (q) of                 (e) There shall be no fractional votes.
    Article 33 bears to the total of the percentages of all
     producing countries.                                                                     Article 12
(b) The consuming countries shall together hold 1 000                               Voting procedure ofthe Council
     votes, which shall be distributed among them so that            (a) Each member of the Council shall be entitled to cast
     each consuming country receives five initial votes                  the number of votes it holds in the Council. When
    and, in addition, a proportion as nearly as possible                  voting, a delegate shall not divide his votes. When
     equal to the proportion which the tonnage of that                   abstaining, a delegate shall be deemed not to have
     country as listed in annex B bears to the total of the              cast his votes.
     tonnages of all consuming countries :
                                                                     (b) Decisions of the Council shall, except when other
     Provided that :
                                                                         wise provided, be taken by a simple distributed ma
     (i) If there are more than thirty consuming coun                   jority.
          tries, the initial vote for each consuming country         (c) Any participating country may, in a form satisfacto
          shall be the highest whole number consistent                   ry to the Council, authorize any other participating
          with the requirement that the total of all initial             country to represent its interests and to exercise its
          votes for all consuming countries shall not ex                voting rights at any meeting of the Council.
          ceed 150;
                                                                                Article 13
     (ii) If any country not listed in Annex B ratifies, ap
           proves, accepts, gives notification of intention to                         The Staff of the Council
           ratify, approve or accept, or accedes to, this            (a) The Executive Chairman appointed under Article 9
          Agreement as a consuming country, or has                       shall be responsible to the Council for the adminis
           changed its category from that of a producing                 tration and operation of this Agreement in accord
           country to that of a consuming country in ac                 ance with the decisions of the Council.
           cordance with Article 5 of this Agreement, the
           Council shall determine and publish a tonnage             (b) The Executive Chairman shall also be responsible
           for that country; this tonnage shall take effect              for the administration of the secretariat services and
           upon the date decided by the Council for the                  staff at the Council's seat.
           purposes of this article as if it were one of the         (c) The Council shall appoint a Secretary of the Council
          tonnages listed in Annex B ;                                   and a Manager of the Buffer Stock (hereinafter   called
    (iii) The Council may at its first session revise Annex              the Manager) and shall determine the terms and
          B and shall publish the revised Annex, which                   conditions of service of those two officers.
          shall be effective for the purpose of this article         (d) The Council shall give instructions to the Executive
          forthwith ; and                                                Chairman as to the manner in which the Manager is
    (iv) Subsequently, at meetings to be held during the                 to carry out the duties laid down in this Agreement
          second quarter of each calendar year the Council               as well as such additional duties as the Council may
          shall review the figures of the consumption of tin             determine.
          of each consuming country for each of the three            (e) The Executive Chairman shall be assisted by the
          preceding calendar years and shall publish                     staff considered necessary by the Council. All staff,
          revised tonnages for each consuming country on                 including the Secretary of the Council and the Ma
          the basis of the averages of such figures of con              nager, shall be responsible to the Executive Chair
          sumption, which tonnages shall take effect on 1                man. The method of appointment and the conditions
          July next following for the purposes of this arti             of employment of the staff shall be approved by the
          cle as if they were the tonnages listed in Annex B.            Council.
                                                                     (f) The Executive Chairman and the staff of the Council
(c) Where, by reason of the failure of one or more of the
                                                                         may not hold, or shall cease to hold, any financial
     countries listed in Annex A or Annex B to ratify,
     approve or accept, or give notification of intention to             interest in the tin industry or in the tin trade; they
                                                                         shall not seek or receive instructions regarding their
     ratify, approve or accept this Agreement, or by rea
     son of the operation of the provisions of this Agree
                                                                         work or their duties from any Government or person
                                                                         or authority other than the Council or a person act
     ment, or by reason of a change in the category of a
                                                                         ing on behalf of the Council under the terms of this
     participating Country, the total of the votes of the
                                                                         Agreement.
     consuming countries or of the producing countries
    becomes less than 1 000, the balance of votes shall be         ' (g) No information concerning the operation or adminis
     distributed among other consuming or producing                      tration of this Agreement shall be revealed by the
     countries, as the case may be, as nearly in propor                 Executive Chairman, the Manager or other staff of
     tion to the votes they already hold, less in each case              the Council, except as may be authorised by the
     the initial votes, as is consistent with there being no             Council or as is necessary for the proper discharge
     fractional votes.                                                   of their duties under this Agreement
 ---pagebreak--- 358                                     Official Journal of the European Communities
                          CHAPTER V :                                       ing countries under this Agreement and shall be
                                                                            brought by the Manager into the Buffer Stock
               PRIVILEGES AND IMMUNITIES
                                                                            Account. The liability on the Buffer Stock Ac
                           Article 14                                       count for any other type of expenditure shall be
                                                                            decided by the Executive Chairman.
                   Privileges and immunities
                                                                   (b) The Council shall not be responsible for the expenses
(a) The Council shall be accorded in each participating                of delegates to the Council or the expenses of their
     country such currency exchange facilities as may be               alternates and advisers .
     necessary for the discharge of its functions under this
     Agreement.
(b) The Council shall have legal personality. It shall in                                   Article 16
     particular have the capacity to contract, acquire and                         The Administrative Account
     dispose of movable and immovable property and to
     institute legal proceedings.                                  (a) The Council shall at its first session after the entry
                                                                       into force of this Agreement approve the budget of
(c) The Council shall have in each participating country,              contributions and expenditure on the Administrative
     to the extent consistent with its law, such exemption             Account for the period between the date of entry into
     from taxation on the assets, income and other pro                force of the Agreement and the end of the financial
     perty of the Council as may be necessary for the dis             year. Thereafter it shall approve a similar annual
     charge of its functions under this Agreement.                     budget for each financial year. If at any time during
(d) The member in whose territory the headquarters of                  any financial year, because of unforeseen circum
     the Council is situated (hereinafter referred to as the           stances which have arisen or are likely to arise, the
     host member) shall, as soon as possible after the en             balance remaining in the Administrative Account is
     try into force of the Agreement, conclude with the                likely to be inadequate to meet the administrative
     Council an agreement to be approved by the Council                expenses of the Council, the Council may approve a
     relating to the status, privileges and immunities of              necessary supplementary budget for the remainder of
     the Council, of its Executive Chairman, its staff and             that financial year.
     experts and of representatives of members while in            (b) Upon the basis of such budgets the Council shall
     the territory of the host member for the purpose of               assess in sterling the contribution to the Adminis
     exercising their functions.                                       trative Account of each participating country , which
(e) The agreement envisaged in paragraph (d) of this ar               shall be liable to pay its full contribution to the
     ticle shall be independent of this Agreement and                  Council upon notice of assessment. Each participat
     shall prescribe the conditions for its own termina               ing country shall pay in respect of each vote which it
     tion.                                                             holds in the Council upon the day of assessment one
                                                                       two-thousandth of the total amount required,
(0 The host member shall grant exemption from taxa
                                                                       provided that no country shall contribute less than
     tion on remuneration paid by the Council to its
                                                                       £200 sterling in any financial year.
     employees other than those employees who are its
     nationals.
                                                                                Article 17
                         CHAPTER VI :                                             Payment of cash contributions
                           FINANCE
                                                                   (a) Cash payments to the Administrative Account by
                                                                       participating countries under Articles 16 and 53
                                                                       cash payments to the Buffer Stock Account by con
                           Article 15                                  tributing countries under Articles 21 , 22 and 23,
                            Finance                                    cash payments from the Administrative Account to
                                                                       participating countries under Article S3 and cash
(a) ( i) There shall be kept two accounts - the Adminis               payments from the Buffer Stock Account to contri
          trative Account and the Buffer Stock Account -
                                                                       buting countries under Articles 21, 22, 23, 31 and 32
          for the administration and operation of this                 shall be made in sterling or, at the option of the
          Agreement.
                                                                       country concerned, in any currency which is freely
    (ii) The administrative expenses of the Council, in               convertible into sterling on the London foreign ex
          cluding the remuneration of the Executive                    change market.
          Chairman, the Secretary, the Manager and the             (b) Any participating country which fails to pay its con
          staff, shall be brought into the Administrative              tribution on the Administrative Account within six
          Account.
                                                                       months of the date of notice of assessment may be
    (iii) Any expenditure which is solely attributable to              deprived by the Council of its right to vote. If such a
          buffer stock transactions or operations, including           country fails to pay its contribution within twelve
          expenses for borrowing arrangements, storage,                months of the date of notice of assessment, the
          commission and insurance, shall be borne by the              Council may deprive it of any other rights under this
          buffer stock contributions payable by contribut             Agreement, provided that the Council shall, on re
 ---pagebreak---                                           Official Journal of the European Communities -                                        359
     ceipt of any such outstanding contribution, restore to               (ii) Any country invited to the United Nations Tin
     the country concerned the rights of which it has been                      Conference, 1970, may also make a voluntary
     deprived under this paragraph.                                             contribution to the buffer stock in accordance
                                                                               with Article 22.
                                                                     (c) For the purposes of this article any part of a contri
                           Article 18
                                                                          bution made in cash shall be deemed to be equivalent
                Audit and publication of accounts                         to the quantity of tin metal which could have been
The Council shall as soon as possible after the end of                    purchased at the floor price in effect on the date of
each financial year publish the independently audited                     entry into force of this Agreement.
Administrative and Buffer Stock Accounts, provided that
such Buffer Stock Accounts shall not be published earlier                                         Article 21
than three months after the end of the financial year to
which they relate.                                                                        Compulsory contributions
                                                                     (a) ( i) Producing countries shall make contributions to
                          CHAPTER VII :                                        the buffer stock amounting in the aggregate to
                                                                               the equivalent of 20 000 tons of tin metal.
                 FLOOR AND CEILING PRICES
                                                                         (ii) The equivalent of 7 500 tons of this aggregate
                           Article 19                                          contribution in sub-paragraph (i) shall be due on
                                                                               the entry into force of the Agreement and, sub
                     Floor and ceiling prices                                  ject to the provisions of sub-paragraph (iii),
(a) For the purposes of this Agreement there shall be                          shall be made on the date of the first meeting of
      floor and ceiling prices for tin metal.                                  the Council under this Agreement.
(b) LThe initial floor and ceiling prices shall be those                 (iii) The Council shall decide what portions of the
     which were in force under the Third Agreement at                          contributions to be made under sub-paragraphs
      the date of the termination of that Agreement.                           (i) or (ii) shall become due in cash or in tin metal.
                                                                               The producing countries shall make the payment
(c) The range between the floor and ceiling prices shall                       of the cash portion on the date determined by the
     be divided into three sectors. The Council may at                         Council and the payment of the portion in tin
      any meeting decide the extent of each or any of these                    metal not later than three months from the date
      sectors .
                                                                               of such decision.
(d) (i) The Council shall at its first session after the en             (iv) At any time the Council may determine by which
          try into force of this Agreement and from time to                    date or dates and in what instalments the whole
          time thereafter or in accordance with the provi                     or part of the balances of the aggregate contribu
          sions of Article 29 consider whether the floor
                                                                               tion shall be made. However, the Council may
          and ceiling prices are appropriate for the attain                   authorize the Executive Chairman to request
          ment of the objectives of this Agreement and                         payment of instalments of these balances at not
      -   may revise either or both of them.                                   less than fourteen days' notice.
     (ii) In so doing, the Council shall take into account               (v) If at any time the Council holds cash assets in
          the short-term developments and medium-term                          the Buffer Stock Account in excess of the contri
          trends of tin production and consumption, the                        butions made under sub-paragraph (ii) and of
           existing capacity for mine production, the ade                     any voluntary contribution made under Article
           quacy of the current price to maintain sufficient                    22 the Council may authorise refunds out of
           future mine production capacity and other re                       such excess to the producing countries in propor
           levant factors.
                                                                               tion to the contributions they have made under
(e) The Council sr.all publish as soon as possible any                         this article. The balances referred to as due under
      revised floor and ceiling price, including any provi                    sub-paragraph (iv) shall be increased by the
      sional* or revised price determined under Article 29                     amount of such refunds. At the request of a prod
      and any revised division of the range.                                    ucing country, the refund to which it is entitled
                                                                                may be retained in the buffer stock .
                         CHAPTER VIII :                              (b) Contributions due in accordance with paragraph (a)
                                                                          of this article may, with the consent of the contribut
                      THE BUFFER STOCK
                                                                          ing country concerned, be made by transfer from the
                            Article 20                                    buffer stock held under the Third Agreement.
                 Establishment of the buffer stock                   (c) The contributions referred to in paragraph (a) of this
                                                                          article shall be apportioned among the producing
 (a) A buffer stock shall be established.                                 countries according to the percentages in annex A,
 (b) (i) Contributions to the buffer stock shall be made                  as reviewed and re-determined at the first session of
          by. producing countries in accordance with the                  the Council in accordance with paragraph (m) of
           provisions of Article 2 1 .                                    Article 33 .
 ---pagebreak---  360                                       Official Journal of the European Communities
 (d) (i) If on or after the entry into force of this Agree                 of this article of the receipt of any such voluntary
           ment a country listed in Annex A ratifies, ap                   contribution.
           proves or accepts, or gives notification of inten         (c) Notwithstanding the conditions which shall have
           tion to ratify, approve or accept, or accedes to,               been imposed under paragraph (a) of this Article, the
           this Agreement, or if a consuming country has                    Council may refund to any country which has made
           changed its category to that of a producing coun               a voluntary contribution to the buffer stock under
           try in accordance with Article 5, the contribution               paragraph (a) of this article the whole or any part of
           of that country shall be determined by the Coun                such contribution. If such refund or part of such re
           cil with reference to its percentage in Annex A.                fund is made in tin metal the Council may attach to
     (ii) Contributions determined under sub-paragraph                     this refund the conditions which it deems necessary.
           (i) shall be made on the date of the deposit of the
            instrument or on the date determined by the                                          Article 23
            Council under paragraph (b) of Article 5 .
                                                                                Penalties
     (iii) The Council may direct refunds, not exceeding in
           the aggregate the amount of any contribution               (a) The Council shall determine penalties to be applied
           received under sub-paragraph (i), to be made to                 to countries which fail to meet their obligations un
           the other producing countries or consuming                      der paragraph (a) (iv) of Article 21 .
           countries . If the Council decides that such re           (b) If a producing country does not fulfil its obligations
           funds or parts of such refunds are to be made in                under Article 21 the Council may deprive it of any .
           tin metal, it may attach to these refunds such                  or all of its rights and privileges under this Agree
           conditions as it deems necessary. At the request                ment and may also require the remaining producing
           of a producing country, the refund to which it is               countries to make good the deficit in cash or in tin
           entitled may be retained in the buffer stock.                   metal or in both.
(e) (i) A producing country which for the purpose of                  (c) If a part of the deficit is to be made good in tin metal,
           making a contribution under this article wishes                 the producing countries which are making good that
           to export tin from stocks lying within that coun               deficit shall be permitted to export the amounts re
           try may apply to the Council to be permitted to                 quired of them in addition to any permissible export
           export the tonnage so desired in addition to its                amounts that may have been determined under Arti
          ^permissible export tonnage, if any, determined                  cle 33. Subject to the furnishing of such evidence as
           under Article 33 .                                              the Council may require to identify the metal or con
     (ii) The Council shall consider any such application                  centrates exported with the tin metal delivered to the
           and may approve it subject to such conditions as                buffer stock, paragraphs (n), (o) and (p) of Article 33
           it deems necessary . Subject to these conditions                shall not apply to such exports.
           being satisfied and to the furnishing of such evi         (d) The Council may at any time and on such conditions
           dence as the Council may require to identify the                as it may determine :
           metal or concentrates exported with the tin metal
           delivered to the buffer stock, paragraphs (n), (o)              (i) Declare that the default has been remedied;
           and (p) of Article 33 shall not apply to such ex              (ii) Restore the rights and privileges of the country
           ports .                                                               concerned; and
(0 Contributions in tin metal may be accepted by the                      (iii) Refund the additional contributions made by the
     Manager in warehouses officially approved by the                           other producing countries under paragraph (b) of
     London Metal Exchange or at such other place or                            this Article together with interest at a rate which
     places as are determined by the Council. The brands                        shall be determined by the Council, taking into
     of tin so delivered shall be brands registered with and                    account prevailing international interest rates,
     recognized by the London Metal Exchange.                                   provided that, in respect of that part of the addi
                                                                                tional contribution which has been made in tin
                                                                                metal, such interest shall be calculated on the
                            Article 22                                          basis of the cash equivalent at the settlement
                                                                                price for tin metal on the London Metal Ex
                     Voluntary contributions                                    change on the date of the decision of the Council
(a) Any country invited to the United Nations Tin Con                          under paragraph (b) of this Article. If such re
     ference, 1970, may, with the consent of the Council                        funds or parts of such refunds are made in tin
     and upon conditions which shall include conditions                         metal the Council may attach to these refunds
     as to refund, make voluntary contributions to the                          the conditions which it deems necessary.
     buffer stock in cash or in tin metal or in both . Such
     voluntary contribution shall be additional to the con
                                                                                Article 24
     tributions shown in paragraph (a) of Article 21 .
(b) The Executive Chairman shall notify the participat                               Borrowing for (     buffer stock
      ing countries and any non-participating country                (a) The Council may borrow for the purposes of the buf
     which has made a contribution under paragraph (a)                    fer stock and upon the security of tin warrants held
 ---pagebreak---                                           Official Journal of the European Communities                                        361
    by the buffer stock such sum or sums as it deems                     may be) tin on the London Metal Exchange he may
     necessary provided that the maximum amount of                       by (or sell, as the case may be) tin on any other es
     such borrowing and the terms and conditions thereof                 tablished market for tin, provided that he may not
     shall have been approved by the majority of the                     engage in forward transactions unless these will be
     votes cast by consuming countries and all the votes                 completed before the termination of this Agreement.
     cast by producing countries.
(b) The Council may by a two-thirds distributed majori
     ty make any other arrangements it thinks fit for bor                                     Article 26
     rowing for the purposes of the buffer stock.                       Restriction or suspension ofbuffer stock operations:
(c) No obligation shall be laid upon any participating                                   action by the Council
     country under this article without the consent of that          (a) Notwithstanding the provisions of sub-paragraphs
     country .                                                           (ii) and (iv) of paragraph (c) of Article 25 , the Coun
                                                                         cil may restrict or suspend forward transactions of
                             Article 25                                  tin when the Council considers it necessary to
                                                                         achieve the purposes of this Agreement.
                  Operation of the buffer stock
                                                                     (b) Notwithstanding the provisions of sub-paragraphs
(a) The Manager shall, in conformity with Article 13                     (i) and (v) of paragraph (c) of Article 25, the Coun
    and within the provisions of the Agreement and the                   cil, if in session, may restrict or suspend the opera
     framework of instructions of the Council be respon                 tions of the buffer stock if, in its opinion, the dis
     sible to the Executive Chairman for the operation of                charge of the obligations laid upon the Manager by
     the buffer stock.
                                                                         those sub-paragraphs will not achieve the purposes
(b) For the purposes of this article, the market price of                of this Agreement.
     tin shall be the price of cash tin on the London Metal          (c) The Council may confirm any restriction or suspen
     Exchange or such other price or prices as the Coun                 sion under paragraph (a) of Article 27 or, where a
     cil may from time to time determine.                                restriction or suspension has been revoked by the
(c) If the market price of tin :                                         Executive Chairman under paragraph (b) of Article
                                                                         27, may restore such restriction or suspension. If the
    (i) Is equal to or greater than the ceiling price the
                                                                         Council does not come to a decision, buffer stock
          Manager shall, unless otherwise instructed by the
                                                                         operations shall be resumed or continue without res
          Council, if he has tin at his disposal and subject
                                                                         triction, as the case may be.
          to Article 26 and 27, offer tin for sale on the
          London Metal Exchange at the market price, un             (d) So long as any restriction or suspension of the opera
          til the market price of tin falls below the ceiling            tions of the buffer stock determined in accordance
          price or the tin at his disposal is exhausted;                 with this article or Article 27 remains in force, the
                                                                         Council shall review this decision at intervals of not
    (ii) Is in the upper sector of the range between the
                                                                         longer than six weeks. If at a meeting to make such a
          floor and ceiling prices, the Manager may oper                review the Council does not come to a decision in
          ate on the London Metal Exchange at the market                 favour of the continuation of the restriction or sus
          price if he considers it necessary to prevent the
                                                                         pension, buffer stock operations shall be resumed.
          market price from rising too steeply, provided he
           is a net seller of tin;
    (iii) Is in the middle sector of the range between the
                                                                                Article 27
          floor and ceiling prices, the Manager may buy
           and/or sell tin only on special authorization by             Restriction or suspension ofbuffer stock operations:
          the Council;                                                             action by the Executive Chairman
    (iv) Is in the lower sector of the range between the             (a) At such times as the Council is not in session, the
          floor and ceiling prices, the Manager may oper                power to restrict or suspend operations under para
          ate on the London Metal Exchange at the market                 graph (b) of Article 26 shall be vested in the Execu
          price if he considers it necessary to prevent the              tive Chairman.
          market price from falling too steeply, provided            (b) The Executive Chairman may at any time revoke a
          he is a net buyer of tin;
                                                                         restriction or suspension which he has decided by
     (v) Is equal to or less than the floor price, the Mana             virtue of the power vested in him under paragraph
           ger shall, unless otherwise instructed by the                 (a) of this Article.
           Council, if he has funds at his disposal and sub
                                                                     (c) Immediately after a decision by the Executive Chair
          ject to Article 26 and 27, offer to buy tin on the             man to restrict or suspend the operations of the buf
           London Metal Exchange at the floor price until
                                                                         fer stock under the powers vested in him under para
           the market price of tin is above the floor price or           graph (a) of this Article, he shall convene a meeting
           the funds at his disposal are exhausted.                      of the Council to review such decision, "ych meeting
(o) When under the provisions of paragraph (c) of this                   shall be held within fourteen days af\.: the date of
     article the Manager may buy (or sell, as the case                   the restriction or suspension.
 ---pagebreak---  362                                     Official Journal of the European Communities
                           Article 28                                                          Article 30
              Other operations of the buffer stock                   Liquidation of the buffer stock on the termination of the
 (a) The Council may, under given circumstances, autho                                        Agreement
      rise the Manager to buy tin from, or sell tin to or for        (a) When fixing the total permissible export tonnage for
      the account of a governmental non-commercial stock                 any control period in accordance with the provisions
      in accordance with the provisions of Article 40. The                of Article 33, the Council shall, in the light of consi
      provisions of paragraph (c) of Article 25 shall not                 deration given to the renewal of the Agreement under
      apply to tin metal for which such authorization has                 paragraph (c) of Article 53, decide whether there is
      been given.                                                         need to reduce the tonnage of tin metal currently
                                                                          held in the buffer stock. In such case, the total per
 (b) Notwithstanding the provisions of Articles 25, 26 and
      27 the Council may authorise the Manager, if his                    missible export tonnage may be fixed at such figure,
                                                                          lower than the figure which the Council would other
      funds are inadequate to meet his operational ex
      penses, to sell sufficient quantities of tin at the cur            wise have fixed as the total permissible export tonn
      rent price to meet expenses.
                                                                          age for that period, as the Council may decide.
                                                                     (b) Within the framework of instructions of the Council,
                                                                          the Manager may sell from the buffer stock at any
                                                                          price, being the current market price but not less
                           Article 29                                     than the floor price, the quantities of tin metal by
                                                                          which the Council has reduced the total permissible
        The buffer stock and changes in exchange rates
                                                                          export tonnages in accordance with the provisions of
 (a) The Executive Chairman may convene, or any parti                    paragraph (a) of this Article.
      cipating country may request him to convene, a
                                                                     (c) On the termination of this Agreement all buffer stock
      meeting of the Council immediately to review the
                                                                          operations under Articles 25 , 26, 27, 28, 29 or para
      floor and ceiling prices if the Executive Chairman or
                                                                          graph (b) of this article shall cease. The Manager
      the participating country , as the case may be, con
                                                                          shall thereafter make no further purchase of tin me
      siders that changes in exchange rates make such a
                                                                          tal and may sell tin metal only as authorized by par
      review necessary. Meetings may be convened under
                                                                          agraph (a) of Article 3 1 and paragraph (c) of Article
      this paragraph by less than seven days' notice.
                                                                          32 or by the Council under paragraph (d) of this
 (b) In the circumstances set forth in paragraph (a) of this              Article.
      Article, the Executive Chairman may, pending the
                                                                     (d) Unless the Council from time to time substitutes oth
      meeting of the Council referred to in that paragraph,
                                                                          er arrangements for those contained in Articles 31
      provisionally restrict or suspend the operations of
                                                                          and 32, the Manager shall, in connection with the
      the buffer stock if such a restriction or suspension is
                                                                          liquidation of the buffer stock, take the steps set out
      in his opinion necessary to prevent buying or selling               in Articles 3 1 and 32 and Annex H.
      of tin by the Manager to an extent likely to prejudice
      the purposes of this Agreement.
 (c) The Council may restrict or suspend or confirm the
      restriction or suspension of buffer stock operations
      under this article. If the Council does not come to a
                                                                                Article 31
      decision, buffer stock operations, if provisionally
      restricted or suspended, shall be resumed.                                         Liquidation procedure
(d) Within thirty days of its decision to restrict or sus          (a) As s<5on as possible after the termination of this
      pend or to confirm the restriction or suspension of                Agreement, the Manager shall make an estimate of
     buffer stock operations under this article, the Coun               the total expenses of liquidation of the buffer stock in
      cil shall consider the determination of provisional                accordance with the provisions of this article and
     floor and ceiling prices and may determine these                    shall set aside from the balance remaining in the Buf
     prices.                                                             fer Stock Account a sum which is in his opinion suf
(e) Within ninety days from the establishment of provi                  ficient to meet such expenses. Should the balance
     sional floor and ceiling prices, the Council shall                  remaining in the Buffer Stock Account be inadequate
     review these prices and may determine new floor and                 to meet such expenses, the Manager shall sell a suffi
     ceiling prices.                                                     cient quantity of tin metal to provide the additional
                                                                         sum required.
(0 If the Council does not determine provisional floor
     and ceiling prices in accordance with paragraph (d)
                                                                    (b) Subject to and in accordance with the terms of this
                                                                         Agreement, the share of each contributing country in
     of this Article, it may at any subsequent meeting de
                                                                         the buffer stock shall be refunded to that country .
     termine what the floor and ceiling prices shall be.
(g) Buffer stock operations shall be resumed on the basis           (c) (i) The share of each contributing country shall be
                                                                              ascertained in accordance with Annex H.
     of such floor and ceiling prices as are determined in
     accordance with paragraphs (d), (e) or (0 of this Ar               (ii) Upon the request of all contributing countries,
     ticle, as the case may be.                                               the Council shall revise Annex H.
 ---pagebreak---                                         Official Journal of the European Communities                                          363
                           Article 32                                  ceiling prices. The Council shall also aim to main
                                                                       tain available in the buffer stock tin metal and cash
    Allocation and payment of proceeds of liquidation
                                                                       adequate to rectify any discrepancies between supply
(a) Subject to the provisions of paragraph (a) of Article              and demand which may arise through unforeseen
    3 1 the share of each contributing country in the cash             circumstances .
    and tin metal available for distribution in accord
    ance with Annex H shall be allocated to it, provided           (b) The control periods shall correspond to the quarters,
    that if any contributing country has forfeited the                 provided that, on any occasion when the limitation
    whole or part of its rights to participate in the pro             of exports is being introduced for the first time dur
    ceeds of the liquidation of the buffer stock by virtue             ing the currency of this Agreement or is being rein
    of Articles 17, 23, 33 , 42, 43 or 52, it shall to that            troduced after an interval during which there has
    extent be excluded from the refund of its share and                been no limitation of exports, the Council may de
    the resulting residue shall be apportioned between                 clare as the control period any period not being grea
    the other contributing countries in the manner laid                ter than five months or less than two months, ending
    down in clause (iv) of Annex H for the apportion                  on 31 March, 30 June, 30 September or 31 Decem
                                                                       ber.
    ment of a deficit.
                                                                   (c) The limitation of exports under this Agreement in
(b) The ratio of tin metal to cash allocated to each con
                                                                       each control period shall depend on the decision of
    tributing country under the provisions of paragraph
                                                                       the Council, and no such limitation shall operate in
    (b) and (c) of Article 3 1 and (a) of this Article shall
    be the same.
                                                                       any period unless the Council has declared it to be a
                                                                       control period and fixed a total permissible export
(c) Each contributing country shall be repaid the cash                 tonnage in respect of it.
    allocated to it as the result of the procedure set out in
                                                                   (d) A control period already declared may be revoked
    Annex H. To this effect, either :
                                                                       before, or terminated during, the currency of that
    (i) The tin metal so allocated to each contributing                period by the Council and the period so revoked or
         country may be transferred in such instalments                terminated shall not be regarded as a control period
         and over such period as the Council may deem                  for the purposes of paragraph (i) and sub-paragraphs
         appropriate, but in any case not exceeding twenty            (ii), (iii) and (iv) of paragraph (p) of this Article.
         four months; or
                                                                   (e) The Council shall not declare a control period unless
    (ii) At the option of any contributing country any                 it finds that at least 10 000 tons of tin metal are like
         such instalment may be sold and the net pro                  ly to be held in the buffer stock at the beginning of
         ceeds of such sale paid to that country.                      that period, provided that :
(d) When all the tin metal has been disposed of in ac                 (i) If a control period is declared for the first time
    cordance with paragraph (c) of this Article, the                         after an interval during which no limitation of
    Manager shall distribute among contributing coun                        exports was in force, the figure for the purposes
    tries any balance remaining of the sum set aside                         of this paragraph shall be 5 000 tons, applicable
    under paragraph (a) of Article 3 1 in the proportions                    from the effective date of the control period al
    allocated to each country in accordance with para                       ready declared or as- from and to such date or
    graph (c) of Article 3 1 and Annex H.                                    dates as the Council shall decide; and
                                                                       (ii) The Council may by a two-thirds distributed
                        CHAPTER IX :                                         majority reduce in respect of any control period
                                                                             the required tonnage of 10 000 tons or 5 000
                     EXPORT CONTROL
                                                                             tons, as the case may be.
                           Article 33                              (0 A total permissible export tonnage which has be
                                                                       come effective shall not cease to be effective during
                Assessment of export control
                                                                       the course of the period to which it relates by reason
(a) In the light of its examination of the estimates of                only of the fact that the buffer stock holding has fal
     production and consumption made under paragraph                   len below the minimum tonnage of tin metal required
    (e) of Article 8 and taking account of the quantity of             under paragraph (e) of this Article or any other tonn
     tin metal and cash held in the buffer stock, the quan-.           age substituted therefor under the same paragraph.
     tity, availability and probable trend of other stocks,
     the trade in tin, the current price of tin metal and any      (g) The Council may declare control periods and fix to
     other relevant factors, the Council may from time to              tal permissible export tonnages, notwithstanding the
     time determine the quantities of tin which may be                 restriction or suspension of buffer stock operations
     exported from producing countries in accordance                   in accordance with the provisions of Article 26, 27
                                                                       or 29.
     with the provisions of this article and may declare a
     control period and shall, by the same resolution, fix         (h) A total permissible export tonnage previously fixed
     a total permissible export tonnage for that control               under paragraph (a) of this Article may be revised by
     period. In fixing such tonnage, it shall be the duty of           the Council, provided, however, that a total permis
     the Council to adjust supply to demand so as to                   sible export tonnage may not be decreased during the
     maintain the price of tin metal between the floor and             control period to which it relates.
 ---pagebreak--- 364                                        Official Journal of the European Communities
(i) When, under the provisions of paragraph (a) of this                          than one-tenth of its percentage at the com
    Article, the Council has declared a control period                           mencement of that period.
    and has fixed a total permissible export tonnage in                    (ii) In any action which it may propose to take in
    respect of that period the Council may at the same                           accordance with the rules of Annex G, the Coun
    time call upon any country invited to the United                             cil shall give due consideration to any circum
    Nations Tin Conference, 1970, which is also a pro                           stances stated by any producing country as
    ducer of tin from mines within its territory or territo                     being exceptional and may, by a two-thirds dis
    ries to put into effect for that period such a limitation                    tributed majority, waive or modify the full appli
    of its exports of tin derived from such production as                        cation of those rules .
     may be agreed to be appropriate between the Coun
    cil and the country concerned.                                        (iii) The Council may, from time to time, by a
                                                                                two-thirds distributed majority revise the rules
(j) Notwithstanding the provisions of this Article, if,                         of Annex G, and any such revision shall have
     under the Third International Tin Agreement, a total                       effect as if it were included in that annex.
     permissible export tonnage has been fixed in respect
    of the last quarter of that Agreement and is still ef                (iv) The percentages resulting from the procedure set
     fective at the termination of that Agreement :                             out in this paragraph shall be published and shall
                                                                                take effect upon the first day of the quarter fol
    (i) A control period, commencing upon the entry                             lowing the date of the Council Decision in re
         into force of this Agreement, shall be deemed to                       placement of the percentages listed in Annex A.
         have been declared under this Agreement; and
                                                                      (n) (i) Notwithstanding the provisions of paragraph (k)
    (ii) The total permissible export tonnage for such                          of this Article, the Council may, with the consent
          control period shall be at a rate proportionate to                    of a producing country, reduce its share in the
          that fixed by the Third Agreement for the last                        total permissible export tonnage and re-distribute
          quarter of that Agreement unless and until                            the tonnage of the reduction among the other
          revised by the Council in accordance with the                         producing countries in proportion to the percent
          provisions of this article :                                          ages of those countries or, if circumstances so
     Provided that, if at the time of the first session of the                  require, in some other manner.
     Council under this Agreement less than 10 000 tons                   (ii) The quantity of tin determined according to
     of tin metal are held in the buffer stock, the Council                      sub-paragraph (i) of this paragraph for any
     shall consider the position at its first session and, if a                  producing country for any control period shall
     decision to continue the limitation of exports is not                       for the purposes of this article be deemed to be
     reached, the period in question shall cease to be a                         the . permissible export tonnage of that country
     control period.                                                             for that control period.
(k) The total permissible export tonnage for any control              (o) (i) It shall be the duty of any producing country
     period shall be divided among producing countries                          which believes itse" . alikely to be able to export
     in proportion to their percentages in Annex A or in                        in any control period as much tin as it world be
     proportion to their percentages in any revised table                        entitled to export in accordance with its permis
    of percentages which may be published in accord                             sible export tonnage for that control period to
    ance with this Agreement, and the quantity of tin so                        make to the Council, as soon as possible but in
     computed in respect of any country for any control                         any case not later than two calendar months af
     period shall be the permissible export tonnage of that                     ter the date upon which such permissible export
    country for that control period.                                            tonnage has become effective, a declarations to
                                                                                that effect.
(1) If, after the entry into force of this Agreement, any
    country ratifies, approves or accepts, or gives notifi               (ii) If the Council has received suck c declaration or
    cation of              to ratify, approve or accept, or                      is of the opinion that any producing cour': y is
    accedes to it, as a producing country, or has been                           unlikely to be able to expert in say contre per
    approved by the Council for a change in its category                         iod as much tin as it would be entiled to export
    from that of a                 country to that of a pro                     in. accordance with its permissible export ^.im
    ducing county *:i accordance with Article 5 , the                           age, the Council may increase tee total per: risi
    Council, having determined the percentage of feat                           ble export tonnage for that control period by
     country, shall re-determine the pourcentages of all the                    such a tonnage as will !» its opinion. ensur. . chat
    other participating countries in proportion to their                        the total permissible export            requires will
    current                                                                      in fact be exported.
(m) (i) The Council six." review the percentages of the               (p) (i) The net exports of tin from each producing coun
                                                                                try for each control period shall be limited, ex
         accordance          the rules of Annex O. Except                       cept as otherwise provided in this Article, to the
         for the first                        which shall take                  permissible export tonnage for that country for
         place at: the                 of the Council, the per                 that control period.
         centage ;                  country shall not,        8           (ii) If, notwithstanding the provisions of sub
         any          ^ two? : months, be reduced by )rr.x.                     paragraph (i) of this paragraph, the net exports
 ---pagebreak---                                       Official Journal of the European Communities                                        365
      of tin from a producing country in any control                      The Council, when deciding the action to be tak
      period exceed its permissible export tonnage for                    en under this paragraph, shall take account of
      that control period by more than 5%, the Council                    any failure to take steps or delay in doing so.
       may require the country concerned to make an
       additional contribution to the buffer stock not
                                                                 (q) When, by reason of the determination or alteration of
                                                                     the percentage of a producing country or of the with
       exceeding the tonnage by which such exports
                                                                     drawal of a producing country, the total of percent
       exceed its permissible export tonnage. Such a
       contribution shall be in tin metal or in cash or in
                                                                     ages is no longer one hundred the percentage of each
       such proportions of tin metal and cash and before
                                                                     other producing country shall be proportionately
                                                                     adjusted so that the total of percentages is restored to
      such date or dates as the Council may decide.
                                                                     one hundred. The Council shall then publish as soon
      That part, if any, of the contribution which is to
                                                                     as possible the revised table of percentages which
      be paid in cash shall be calculated at the floor
                                                                     shall come into force for the purposes of export con
      price in effect on the date of entry into force of
                                                                     trol with effect from the first day of the control per
      this Agreement. That part, if any, of the contri              iod following that in which the decision to revise
      bution which is to be made in tin metal shall be
                                                                     percentages was taken.
      included in and shall not be additional to the
      permissible export tonnage of the country in               (r) Each producing country shall take such measures as
      question for the control period in which such                  may be necessary to maintain and enforce the provi
      contribution is made.                                          sions of this Article so that its exports shall corres
                                                                     pond as closely as possible to its permissible export
(iii) If, notwithstanding the provisions of sub-para
                                                                     tonnage for any control period.-
      graph (i) of this paragraph, the aggregate net
      exports of tin from a producing country in any             (s) For the purposes of this Article, the Council may
      four successive control periods including, if ap              decide that exports of tin from any producing coun
      propriate, the control period referred to in                   try shall include the tin content of any material de
      sub-paragraph (ii) of this paragraph exceed by                 rived from the mineral production of the country
      more than 1% the aggregate of its permissible                  concerned.
      export tonnages for those periods, the permissi           (t) Tin shall be deemed to have been exported if, in the
      ble export tonnages of that country during each                case of a country named in Annex C , the formalities
      of the four subsequent control periods may be                  set out in that Annex opposite the name of that coun
      reduced by one-quarter of the aggregate tonnage                try have been completed, provided that :
      so overexported or, if the Council so decides, by
      any greater fraction not exceeding one-half.                   (i) The Council may, from time to time, with the
      Such reduction shall take effect in and from the                    consent of the country concerned, revise Annex
      control period next following that in which the                     C and any such revision shall have effect as if it
                                                                          were included in that Annex;
      decision was taken by the Council.
(iv) If, after any such four successive control periods              (ii) If any tin shall be exported from any producing
      (during which the aggregate net exports of tin                      country by any method which is not provided for
      from a country have exceeded its permissible                        by Annex C, the Council shall determine wheth
      export tonnage as mentioned in sub-paragraph                        er such tin shall be deemed to have been export
      (iii) of this paragraph), the aggregate net exports                 ed for the purposes of this Agreement and, if so,
      of tin from that country in any four further suc                   the time at which such export shall be deemed to
      cessive control periods (which shall not include                    have taken place.
      any control period covered by sub-paragraph                (u) For the purposes of sub-paragraph (ii), (iii) and (iv)
      (iii) exceed the aggregate of the permissible ex              of paragraph (p) of this Article, control periods for
      port tonnages for those four control periods, the              which total permissible export tonnages have been
      Council may, in addition to reducing the total                 fixed and penalties imposed under Article VII of the
      permissible export tonnage of that country in                  Third Agreement shall be deemed, as from the entry
      accordance with the provisions of sub-paragraph                into force of this Agreement, to have been fixed or
      (iii), declare that the country shall forfeit a part,          imposed under this Article.
      which shall on the first occasion not exceed
      one-half, of its rights to participation on liquida
      tion of the buffer stock. The Council may at any
      time restore to the country concerned the portion                                    Article 34
      of its rights so forfeited on such terms and condi                               Special exports
      tions as it may determine.
                                                                 (a) At any time when it has declared a control period,
(v) It shall be the duty of a producing country which                the Council, if it considers that the conditions in
      has exported a tonnage of tin in excess of its                 Annex D are satisfied, may by a two-thirds distri
      permissible export tonnage and of any tonnage                  buted majority permit the export (hereinafter called a
      permitted by other provisions of this article to               special export) of a specified quantity of tin in addi
      take effective steps to correct its breach of this             tion to the permissible export amount referred to in
      Agreement at the earliest possible opportunity.                paragraph (k) of Article 33.
 ---pagebreak---  366                                     Official Journal of the European Communities
 (b) The Council may by a two-thirds distributed majori                                       CHAPTER X :
     ty impose such conditions upon a special export as it
                                                                                STOCKS
      deems necessary.
(c) If the provisions of Article 36 and the conditions                                           Article 36
      imposed by the Council under paragraph (b) of this
     Article are fulfilled, a special export shall not be tak                         Stocks in producing countries
     en into account when the provisions of paragraphs              (a) (i) The stocks of tin within any producing country
     (n), (o) and (p) of Article 33 are being applied.                         which have not been exported within the defini
(d) The Council may by a two-thirds distributed major                          tion for that country contained in Annex C shall
      ity at any time revise the conditions in Annex D,                        not at any time during a control period exceed
     provided that any such revision shall be without pre                     the tonnage shown against that country in Annex
     judice to anything done by a country in pursuance of                      E.
     permission given and conditions already imposed                      (ii) Such stocks shall not include tin in the course of
     under paragraph (b) of this Article.                                       transport between the mine and the point of ex
                                                                                port as defined in Annex C.
                           Article 35                                    (iii) The Council may revise Annex E, but, if in doing
                        Special deposits                                       so it has increased the tonnage listed in Annex E
                                                                               against any country, it may impose conditions,
(a) A producing country may at any time with the con                          including conditions as to period and subsequent
     sent of the Council make special deposits of tin me                      export, in relation to any such addition.
     tal with the Manager. A special deposit shall not be
     treated as part of the buffer stock and shall not be at        (b) Any increase in the proportion approved under para
     the disposal of the Manager.                                      ' graph 2 of Article XIV of the Third Agreement and
                                                                          still operative at the termination of that Agreement
(b) A producing country which has informed the Coun                     and any conditions imposed in connexion therewith
     cil of its intention of making a special deposit of tin              shall be deemed to have been approved or imposed
     metal originating within that country shall, subject                 under this Agreement unless the Council otherwise
     to furnishing such evidence as the Council may re                   decides within six months after the entry into force
     quire to identify the metal or the concentrates ex                  of the Agreement.
     ported with the tin metal which is the subject of the
     special deposit, be permitted to export such metal or          (c) Any special deposit made under Article 35 shall be
     concentrates in addition to any permissible export                   deducted from the amount of stocks permitted under
     amount that may have been allocated to that country                  this article to be held during a control period within
     under Article 33 and, subject to the compliance by                  the producing country concerned.
     the producing country with the requirements of Arti           (d) (i) Where in a producing country mentioned in
     cle 36, paragraphs (n), (o) and (p) of Article 33 shall                   Annex F tin ore is unavoidably extracted from its
     not apply to such exports.                                                natural occurrence in the mining of the other
(c) Special deposits may be accepted by the Manager                            minerals mentioned in that Annex and for that
     only at such place or places as may be convenient to                      reason the limitation of stocks prescribed in par
     him .                                                                     agraph (a) of this Article would unreasonably
                                                                               restrict the mining of those other minerals, addi
(d) The Executive Chairman shall notify the participat                        tional stocks of tin-in-concentrates may be held
     ing countries of the receipt of any such special de                      within that country to the extent that these are
     posit, but not sooner than three months after the date                    certified by the Government of that country as
     of receipt.                                                               having been won exclusively in association with
(e) A producing country which has made a special de                           those other minerals and actually retained in that
     posit of tin metal may withdraw the whole or part of                      country, provided that the proportion which such
     that special deposit in order to fulfil the whole or                      additional stocks bear to the total amount of the
     part of its permissible export amount in any control                      other minerals mined shall not at any time ex
     period. In such a case the amount withdrawn from                          ceed the proportion stated in Annex F.
     the special deposit shall be regarded as having been                (ii) Except with the consent of the Council, the ex
     exported for the purposes of Article 33 in the control                    port of such additional stocks shall not com
     period in which the withdrawal was made.                                  mence until after the liquidation of all the tin
(0 In any quarter which has not been declared a control                        metal in the buffer stock and the rate of export
     period any special deposit shall be at the disposal of                     thereafter shall not exceed one-fortieth of the
     the country which has made the deposit, subject only                      whole or two hundred and fifty tons, whichever
     to the provisions of paragraph (h) of Article 36.                         is the greater, in each quarter.
(g) All charges incurred in connexion with any special              (e) Countries listed in Annex E or Annex F shall, in
     deposit shall be borne by the country making the                    consultation with the Council, make regulations
     deposit and no charges shall be borne by the Coun                  governing the maintenance, protection and control of
     cil .                                                               such additional stocks.
 ---pagebreak---                                           Official Journal of the European Communities                                         367
(0 The Council may, with the consent of the producing                                       CHAPTER XII :
    country concerned, revise Annex E and Annex F.
                                                                                MISCELLANEOUS PROVISIONS
(g) Each producing country shall forward to the Council
                                                                                Article 38
    at such intervals as the Council may require state
     ments as to the stocks of tin within is territory which                             Fair labour standards
     have not been exported in accordance with the defi             The participating countries declare that, in order to
    nition for that country in Annex C. Such statements              avoid the depression of living standards and the intro
    shall not include tin in course of transport between             duction of unfair competitive conditions in world trade,
    the mine and the point of export as defined in Annex             they will seek to ensure fair labour standards in the tin
     C. These statements shall show separately the stocks            industry.
    held under paragraph (d) of this Article.
                                                                                Article 39
(h) A country which holds special deposits under Article
    35 or is permitted to increase tonnages in accord                                     General provisions
    ance with the provisions of paragraph (a) of this Ar            (a) Participating countries shall during the currency of
    ticle shall, not later than twelve months before the                  this Agreement use their best endeavours and
    termination of this Agreement, inform the Council of                  cooperate to promote the attainment of its objec
    its plans for the export of such special deposits and                tives.
    of all or part of such increased tonnages (but not in
    cluding additional stocks whose export is governed «             (b) The participating countries undertake to accept as
    by paragraph (d) of this article) and shall consult                  binding all decisions of the Council under this
    with the Council as to the best means of making                      Agreement.
    such export without avoidable disruption of the tin              (c) Without prejudice to the general scope of paragraph
    market and in harmony with the provisions for the                    (a) of this article, participating countries shall in par
    liquidation of the buffer stock under Article 30. The                 ticular observe the following :
    producing country concerned shall give due consi
    deration to the recommendations of the Council .
                                                                         (i) They shall not, so long as sufficient quantities of
                                                                              tin are available to meet their full requirements,
                                                                              prohibit or limit the use of tin for specified
                                                                               end-uses except in circumstances in which such
                                                                              prohibition or limitation would not be inconsis
                        CHAPTER XI :
                                                                              tent with other international agreements on
                                                                              trade;
                       UN SHORTAGE                                       (ii) They shall create conditions which would pro
                                                                               mote the transfer of tin production from less effi
                                                                               cient to more efficient enterprises ; and
                           Article 37
                                                                         (iii)They shall encourage the conservation of the
             Action in the event of a tin shortage                            natural resources of tin by preventing the prema
                                                                              ture abandonment of deposits.
(a) If at any time the Council concludes that a serious
     shortage of supplies of tin has developed or is likely
                                                                                Article 40
     to develop, the Council shall make whatever enqui
     ries are necessary in order to enable it to estimate                  Disposal of tin from non-commercial stockpiles
     total requirements and availability of tin for such             (a) A participating country desiring to dispose of tin
     periods as it shall determine.                                      from non-commercial stockpiles shall, at adequate
                                                                         notice, consult with the Council concerning its dis
(b) If studies and enquiries, together with pertinent fac                posal plans.
     tors, confirm the danger of a tin shortage, the
     Council :                                                       (b) At the time a participating country gives notice of a
                                                                          plan to dispose of tin from non-commercial stock
     (i) Shall recommend to the participating countries                   piles, the Council shall promptly enter into official
          that they initiate action to ensure as rapid an in             consultations on the plan with that country for the
          crease as possible in the amount of tin which                   purpose of assuring adequate fulfilment of the provi
          they may be able to make available;                             sions of paragraph (d) of this Article.
                                                                     (c) The Council shall from time to time review the pro
    (ii) May invite the participating countries to enter
                                                                         gress of such disposals and may make recommenda
          into such arrangements with it as may assure
                                                                          tions to the disposing participating country .
          consuming countries an equitable distribution of
          the available supplies of tin; and                         (d) The disposals shall be made with due regard to the
                                                                          protection of producers, processors and consumers
    (iii) Shall observe the behaviour of the market at all                against avoidable disruption of their usual markets.
          times with a view to preventing any tin shortage.              Account shall also be taken of the consequences of
 ---pagebreak--- 368                                       Official Journal of the European Communities
     such disposals on the investment of capital in explor                                  CHAPTER XHI :
     ation and development of new supplies and the
                                                                                COMPLAINTS AND DISPUTES
     health and growth of tin mining in the producing
     countries. The disposals shall be in such amounts
     and over such periods of time as will not interfere                                        Article 42
     unduly with production and employment in the tin
     industry in the producing countries and as will avoid                                     Complaints
     creating hardships to the economies of the partici             (a) Any complaint that any participating country has
     pating producing countries.                                         committed a breach of this Agreement for which a
                                                                         remedy is not provided elsewhere in this Agreement
                            Article 41                                   shall, at the request of the country making the com
                   National security provisions                          plaint, be referred to the Council for a decision.
(a) Nothing in this Agreement shall be construed:                    (b) Save where otherwise provided in this Agreement, no
                                                                         participating country shall be found to have commit
     (i) To require a participating country to furnish any               ted a breach of this Agreement unless a resolution to
          information the disclosure of which it considers
                                                                         that effect is passed. Any such finding shall specify
          contrary to its essential security interests;                  the nature and extent of the breach.
     (ii) To prevent a participating country from taking,            (c) If the Council finds under this article that a partici
           either singly or with other countries, any action             pating country has committed a breach of this
           which it considers necessary for the protection of            Agreement, the Council may, unless some other
           its essential security interests where such action            penalty is provided elsewhere in this Agreement,
           relates to traffic in arms, ammunition or imple              deprive the country concerned of its voting and other
           ments of war, or to traffic in other goods and                rights until it has remedied the breach or has other
           materials carried on directly or indirectly for the           wise fulfilled its obligations.
           purpose of supplying a military establishment of
           any country, or is taken in time of war or other          (d) For the purposes of this article the expression
           emergency in international relations;                         'breach of this Agreement' shall be deemed to in
                                                                         clude the breach of any condition imposed by the
    (iii) To prevent a participating country from entering               Council or failure to fulfil any obligation laid upon a
          into or carrying out any inter-governmental                    participating country in accordance with this Agree
          agreement (or other agreement on behalf of a                   ment.
          country for the purpose specified in this
          paragraph) made by or for a military establish
          ment for the purpose of meeting essential require
                                                                                Article 43
          ments of the national security of one or more of
          the countries participating in such agreements;                                        Disputes
          or
                                                                     (a) Any dispute concerning the interpretation or applica
    (iv) To prevent a participating country from taking                   tion of this Agreement which is not settled by nego
          any action in pursuance of its obligations under                tiation shall, at the request of any participating coun
          the United Nations Charter for the maintenance                  try, be referred to the Council for decision.
          of international peace and security.
                                                                     (b) Where a dispute has been referred to the Council in
(b) Participating countries shall notify the Executive                   accordance with this article a majority of participat
    Chairman as soon as possible of any action they                       ing countries or any participating countries holding
    take respecting tin in consequence of subparagraph                    not less than one-third of the votes in the Council
    (ii) or (iv) or paragraph (a) of this Article and the                may require the Council, after full discussion, to
    Executive Chairman shall so notify other participat                 seek the opinion of the advisory panel referred to in
    ing countries.                                                       paragraph (c) of this Article on the issues in dispute
(c) Any participating country which considers its econ                  before giving its decision.
    omic interests under this Agreement seriously in                (c) (i) Unless the Council, by a unanimous decision of
    jured by action taken by any other participating                          votes cast, agrees otherwise, the panel shall con
    country or countries, other than action taken in time                     sist of:
    of war, under the provisions of paragraph (a) of this
                                                                              Two persons, one having wide experience in mat
    Article, may complain to the Council.
                                                                              ters of the kind in dispute and the other having
(d) On receipt of such a complaint the Council shall                          legal standing and experience, nominated by the
    review the facts of the situation and shall by a major                   producing countries;
    ity of the total votes held by all consuming countries
                                                                              Two such persons nominated by the consuming
    and a majority of the total votes held by all the prod                   countries; and
    ucing countries decide whether the complainant
    country is justified in its complaint and shall, if it so                 A chairman selected unanimously by the four
    decides, permit the complainant country to withdraw                       persons nominated above or, if they fail to agree,
    from this Agreement.                                                      by the Executive Chairman.
 ---pagebreak---                                           Official Journal of the European Communities                                         369
     (ii) Persons appointed to the advisory panel shall act              senting countries satisfying the conditions laid down
          in their personal capacity and without instruc                in paragraph (a) of this Article, it shall enter into
          tions from any Government.                                     force definitively for those Governments.
    (iii) The expenses of the advisory panel shall be paid           (d) If tliis Agreement has entered into force definitively
          by the Council.                                                under paragraph (a) or paragraph (c) of this Article,
(d) The opinion of the advisory panel and the reasons                    and if any Government which has given a notifica
     therefor shall be submitted to the Council which,                   tion of intention to ratify, approve or accept has
     after considering all the relevant information, shall               failed to deposit an instrument of ratification, ap
     decide the dispute.                                                 proval or acceptance within a period of ninety days
                                                                         from the date of definitive entry into force, that
                                                                         Government shall cease to participate in this Agree
                                                                         ment, provided that the Council may extend ihe per
                        CHAPTER XIV :
                                                                         iod aforesaid if so requested by that Government,
                     FINAL PROVISIONS                                    and further provided that that Government may
                                                                         cease to participate in the Agreement before the expi
                                                                         ry of the period aforesaid or any extension thereof by
                           Article 44                                    giving to the depositary Government at lea'st thirty
                                                                         days' notice.
                            Signature
This Agreement shall be open for signature in London
with the Government of the United Kingdom of Great
                                                                                Article 47
Britain and Northern Ireland (hereinafter referred to as
the depositary Government) from 1 July 1970 to 29 Jan                                 Provisional entry into force
uary 1971 inclusive, on behalf of countries participating            (a) (i) If the conditions for the definitive entry into force
in the Third International Tin Agreement and on behalf                        of this Agreement laid down in paragraph (a) of
of Governments of independent States represented at the                       Article 46, have not been satisfied, this Agree
United Nations Tin Conference, 1970.                                          ment shall, for the Governments which have
                                                                              deposited instruments of ratification, approval or
                                                                              acceptance or have given notification of intention
                           Article 45                                         to ratify, approve or accept, enter into force
              Ratification, approval, acceptance                          ■* provisionally on the day following the date of
                                                                              termination of the Third Agreement, provided
This Agreement shall be subject to ratification, approval                     that such instruments or notifications have been
or acceptance by the signatory Governments in accord                         deposited with the depositary Government :
ance with their respective constitutional procedures. In
struments of ratification, approval or acceptance shall be                    - By 30 June 1971 or, if the Third Agreement is
deposited with the depositary Government.                                         extended, by the date of termination of that
                                                                                Agreement; and
                                                                              - On behalf of Governments representing at
                           Article 46                                             least six producing countries as set out in
                                                                                Annex A holding together at least 950 of the
                   Definitive entry into force                                    votes set out in that annex, and at least nine
(a) This Agreement shall, for the Governments which                               consuming countries as set out in Annex B
      have deposited instruments of ratification, approval                        holding together at least 300 of the votes set
      or acceptance, enter into force definitively as soon                        out in that Annex.
     after 30 June 1971 as such instruments have been
                                                                         (ii) For each signatory Government which has de
      deposited on behalf of Governments representing at                       posited an instrument of ratification, approval or
      least six producing countries as set out in Annex A                     acceptance of, or has given notification of inten
      holding together at least 950 of the votes set out in                    tion to ratify, approve or accept, this Agreement
      that annex and at least nine consuming countries as                     while it is provisionally in force, the Agreement
      set out in Annex B holding together at least 300 of                      shall enter into force provisionally on the date of
      the votes set out in that annex.
                                                                               the deposit of such instrument or notification.
 (b) For the signatory Government which has deposited                (b) If, within six months after the termination of the
      an instrument of ratification, approval or acceptance              Third Agreement, this Agreement has entered into
      after the definitive entry into force of this Agree               force provisionally but not definitively as laid down
      ment, this Agreement shall enter into force defini                in Article 46, the Executive Chairman shall as soon
      tively on the date of the deposit of such instrument.              as possible convene a meeting or meetings of the
 (c) If this Agreement has entered into force provisional               Council to consider the position. If, however, the
      ly under paragraph (a) of Article 47, then as soon as              entry into force remains provisional the Agreement
      instruments of ratification, approval or acceptance                shall be terminated not later than one year after the
      have been deposited on behalf of Governments repre                provisional entry into force.
 ---pagebreak---  370                                      Official Journal of the European Communities
                          Article 48                                                            Article 51
                           Accession                                                           Amendment
(a) Any Government represented at the United Nations                  (a) The Council may, by a two-thirds majority of the
     Tin Conference, 1970, or any participating country                    total votes held by all producing countries and a
     in the Third International Tin Agreement shall have                   two-thirds majority of the total votes held by all
     the right to accede to this Agreement upon condi                     consuming countries, recommend to Contracting
     tions to be determined by the Council.                               Governments amendments to this Agreement. The
                                                                           Council shall, in its recommendation, fix the time
(b) Any other Government not represented at the United                    within which each Contracting Government shall
     Nations Tin Conference, 1970, which is a Member                      notify the depositary Government whether or not it
     of the United Nations or a member of its specialized                 ratifies, approves or accepts the amendment.
     agencies may upon conditions to be determined by
     the Council accede to this Agreement.                           (b) The Council may extend the time fixed by it under
                                                                          paragraph (a) of this Article for notification of ratifi
(c) The conditions laid down by the Council shall be                      cation, approval or acceptance.
     equitable, in respect of voting rights and financial
                                                                     (c) If, within the time fixed under paragraph (a) of this
     obligations, as between the countries seeking to ac                 Article or extended under paragraph (b) of this Arti
     cede and other countries already participating.                      cle, an amendment is ratified, approved or accepted
(d) Upon the accession of a producing country to this                     by all participating countries it shall take effect
     Agreement the Council (i) shall fix, with the consent                immediately on the receipt by the depositary
     of that country, the tonnages and proportions to be                  Government of the last ratification, approval or ac
     shown against that country in Annexes E and F                        ceptance.
     where appropriate and (ii) shall also fix the circum           (d) If, within the time fixed under paragraph (a) of this
     stance for the purpose of export control to be shown                 Article or extended under paragraph (b) of this Arti
     against the name of that country in Annex C , part                   cle, an amendment is not ratified, approved or ac
     one. The tonnage, proportion or description so fixed                 cepted by participating countries holding all of the
     shall have effect as though it were included in such                 votes of producing countries and by participating
     Annexes .                                                            countries holding two-thirds of the total votes of all
                                                                          consuming countries, it shall not take effect.
(e) Accession shall be effected by the deposit of an in
     strument of accession with the depositary Govern               (e) If, by the end of the time fixed under paragraph (a) of
     ment, which shall notify all interested Governments                  this Article or extended under paragraph (b) of this
     and the Council of such accession.                                   Article, an amendment is ratified, approved or ac
                                                                          cepted by participating countries holding all of the
                                                                          votes of producing countries and by participating
                                                                          countries holding two-thirds of the total votes of all
                                                                          consuming countries :
                          A rticle 49
                                                                          (i) The amendment shall, for the participating coun
                    Separate participation
                                                                               tries by which ratification, approval or accep
A Contracting Government may , at the timeof deposit                          tance has been signified, take effect at the end of
ing its instrument of ratification, approval, acceptance or                    three months next following the receipt by the
accession, or giving notification of intention to ratify,                      depositary Government of the last ratification,
approve or accept or at any time thereafter, propose the                       approval or acceptance necessary to comprise all
separate participation as a producing or as a consuming                        of the votes of producing countries and
country , as may be appropriate, of any territory or terri                    two-thirds of the total votes of all consuming
tories, interested in the production or consumption of tin,                    countries ;
for whose       international   relations   the    Contracting
                                                                          (ii) Any Contracting Government which does not
Government is responsible and to which the Agreement
                                                                               ratify, approve or accept an amendment by the
applies or will apply when the Agreement enters into
                                                                               date of its coming into effect shall as of that date
force. Such separate participation shall be subject to the
consent of the Council and to the conditions which the                         cease to participate in the Agreement, unless any
                                                                               such Contracting Government satisfies the
Council may determine.
                                                                               Council at its first meeting following the effec
                                                                               tive date of the amendment that its ratification,
                                                                               approval or acceptance could not be secured in
                          Article 50                                           time by reason of constitutional difficulties, and
An intergovernmental organization having responsibili                         the Council decides to extend for such contract
ties in respect of the negotiation of international Agree                     ing Government the period fixed for ratification,
ments may participate in the International Tin Agree                          approval or acceptance until these difficulties
                                                                               have been overcome.
ment. Such an organization shall not itself have the right
to vote. On matters within its competence the voting                 (0 If a consuming country considers that its interests
rights of its member states may be exercised collectively .               will be adversely affected by an amendment it may,
 ---pagebreak---                                          Official Journal of the European Communities                                          371
     before the date of its coming into effect, give notice                     to terminate, it shall recommend to the Contract
     to the depositary Government of withdrawal from                            ing Governments that this Agreement shall ter
     the Agreement. Withdrawal shall become effective                           minate.
     on the effective date of the amendment. The Council
                                                                         (iii)If Contracting Governments holding two-thirds
     may, at any time, on such terms and conditions as it                      of the total votes of all producing countries and
     considers equitable, permit such country to with                          two-thirds of the total votes of all consuming
     draw its notice of withdrawal.
                                                                             . countries notify the Council that they accept that
(g) Any amendment to this article shall take effect only                       recommendation, this Agreement shall terminate
     if it is ratified, approved or accepted by all partici                   on the date the Council shall decide, being a date
     pating countries.                                                         not later than six months after the receipt by the
                                                                               Council of the last of the notifications from those
(h) The provisions of this article shall not affect any
                                                                               Contracting Governments.
     power under this Agreement to revise any Annex to
     this Agreement.                                                (e) The Council shall remain in being for as long as may
                                                                         be necessary for the carrying out of paragraph (0 of
                           Article 52                                    this Article, for the supervision of the liquidation of
                                                                         the buffer stock and any stocks held in producing
                          Withdrawal                                     countries in accordance with Article 36 and for the
A participating country which withdraws from this                        supervision of the due performance of conditions
Agreement during its currency, except                                    imposed under this Agreement by the Council or
                                                                         under the Third Agreement; the Council shall have
(0 In accordance with the provisions of paragraph (d) of
                                                                         such of the powers and functions conferred on it by
     Article 41 or paragraph (0 of Article 5 1 , or
                                                                         this Agreement as may be necessary for the purpose.
(ii) Upon at least twelve months' notice being given to             (f) On termination of this Agreement :
     the depositary Government not earlier than one year
     after the entry into force of this Agreement,                       (ii) The Council shall assess the obligations into
                                                                               which it has entered in respect of its staff and
shall not be entitled to any share of the proceeds of the                      shall, if necessary, take steps to ensure that, by
liquidation of the buffer stock under the terms of Article                      means of a supplementary estimate to the Ad
31 or 32 nor shall it be entitled to a share of the other                       ministrative Account raised in accordance with
assets of the Council under the terms of Article 53 on the
                                                                               Articles 15 and 16, sufficient funds are made
termination of this Agreement.                                                 available to meet such obligations;
                                                                        (iii) After all liabilities incurred by the Council, other
                           Article 53                                          than those relating 10 the buffer stock account,
                                                                               have been met, the remaining assets shall be dis
              Duration, extension and termination                              posed of in the manner laid down in this Article.
(a) The duration of this Agreement shall, except as                 (g) If the Council is continued or if a body is created to
     otherwise provided in this Article or in paragraph (b)              succeed the Council, the Council shall transfer its
     of Article 47, be five years from the date of entry                 archives, statistical material and such other docu
     into force.
                                                                         ments as the Council may determine to such succes
(b) The Council may by a two-thirds majority of the                      sor body and may by a distributed two-thirds major
     total votes held by all producing countries and a                   ity transfer all or any of its remaining assets to such
     two-thirds majority of the total votes held by all                  successor body.
     consuming countries extend the duration of this                (h) If the Council is not continued and no successor
     Agreement by a period or periods not exceeding                     body is created :
     twelve months in all.
                                                                        (i) The Council shall transfer its archives, statistical
(c) The Council, in a recommendation to the Contract                          material and any other documents to the Secre
     ing Governments, not later than four years after the                      tary-General of the United Nations or to any in
     entry into force of this Agreement, shall inform them                    ternational organisation nominated by him or,
     whether it is necessary and appropriate that this                        failing such nomination, as the Council may de
     Agreement should be renewed and, if so, in what                          termine;
     form; it shall at the same time consider what the re
     lationship between the supply of and demand for tin                (ii) The remaining non-monetary assets of the
                                                                                Council shall be sold or otherwise realized in
     is likely to be at the expiration of this Agreement.
                                                                               such a manner as the Council may direct; and
(d) (i) A Contracting Government may at any time give                   (iii) The proceeds of such realization and any remain
          notice in writing to the Executive Chairman that
                                                                               ing monetary assets shall then be distributed in
          it intends to propose at the next meeting of the                     such a manner that each participating country
          Council the termination of the Agreement.                            shall receive a share proportionate to the total of
     (ii) If the Council, by a two-thirds majority of the                      the contributions which it has made to the Ad
          total votes held by all producing countries and                      ministrative Account established under Article
          by all consuming countries, adopts the proposal                      15 .
 ---pagebreak--- 372                                    Official Journal of the European Communities
                         Article 54                                  (vi) Notifications of the termination of this Agreement,
                                                                           in accordance with Article 53 .
        Notifications by the depositary Government
The depositary Government shall notify all Govern
ments represented at the United Nations Tin Conference,                                         Article 55
 1970, all Governments members of the Third Interna
tional Tin Agreement, all Governments which have ac                               Certified copy of the Agreement
ceded to this Agreement in accordance with the provi                  As soon as possible after the definitive entry into force of
sions of Article 48, the Secretary of the Council and the             this Agreement, the depositary Government shall send a
Secretary-General of the United Nations of the                        certified copy of this Agreement in each of the languages
following :                                                           mentioned in Article 56 to the Secretary-General of the
(i)   Signatures, ratifications, approvals, acceptances               United Nations for registration in accordance with Ar
      and notifications of intention to ratify, approve or            ticle 102 of the Charter of the United Nations. Any
                                                                      amendments to this Agreement shall likewise be com
      accept, in accordance with Article 44, 45 or 47 ;               municated.
(ii) The entry into force of this Agreement, both defini
      tive and provisional in accordance with Article 46
      or 47 ;
                                                                                Article 56
(iii) Accessions and notifications of separate participa
                                                                                Authentic texts of the Agreement
      tion, in accordance respectively with Article 48 or
      49 ;                                                            The texts of this Agreement in the English, French, Rus
                                                                      sian and Spanish languages are all equally authentic, the
(iv) Notifications of ratification, approval or accep
                                                                      originals being deposited with the Government of the
      tance of amendments and dates of their entry into
                                                                      United Kingdom of Great Britain and Northern Ireland,
      force, in accordance with Article 5 1 ;
                                                                      which shall transmit a certified copy thereof to each sig
(v) Notifications of withdrawal and of cessation of par              natory and acceding Government and to the Secretary of
      ticipation ; and                                                the Council.
               IN WITNESS WHEREOF the undersigned, having been duly authorized to this effect by their respective
               Governments, have signed this Agreement on the dates appearing opposite their signatures.
 ---pagebreak---                              Official Journal of the European Communities                                   373
                                                  ANNEX A
                                 Percentages and votes of producing countries
                                                                                Votes
                     Country                      Percentage
                                                                   Initia]       Additional        Total
Australia                                           2-82             5               27             32
Bolivia                                            16 98             5              164            169
Congo (Democratic Republic of)                      4-51             5               44             49
Indonesia                                           9 14             5               88             93
 Malaysia                                          45-83             5              442            447
Nigeria (Federal Republic of)                       6-36             5               61             66
Thailand                                           1436              5              139            144
                                Total            100 00             35              965          1 000
                                                     Note
The countries percentages and votes listed in this annex are those arrived at during the United Nations Tin
Conference, 1970, at which the Fourth International Tin Agreement was drawn up. The list of names and
the figures are subject to revision from time to time in accordance with the operation of the provisions of
the Agreement.
 ---pagebreak--- 374                              Official Journal of the European Communities
                                                      ANNEX B
                                      Tonnages and votes .of consuming countries
                                                                                Votes
                       Country                      Tonnage
                                                    metric tons
                                                                        Initial     . Additional        Total
    Austria                                              600              5                3              8
     Belgium / Luxembourg                              2 770              5              15              20
     Bulgaria                                            254              5                1              6
    Canada                                            4 508               5             24              29
    China (Taiwan)                                       284         •    5               2               7
    Czechoslovakia                                     3 153              5              17             22
    Denmark                                              737              5               4               9
    Federal Republic of Germany                      12010                5             63              68
    France                                           10 430               5             55              60
    Hungary                                            1 151              5               6              11
    India                                             4 234               5             22              27
    Italy                                             6319                5             33              38
    Japan                                            23 046               5            121             126
    Mexico                                             1 612              5               8             13
    Netherlands                                       4 555               5             24              29
    Philippines                                          630              5               3               8   -
    Poland                                            3 470              5              18              23
    Republic of Korea                                    265             5                1               6
    Spain                                             1 798               5               9             14
    Turkey                                               914             5                5             10
    United Kingdom                                   17 705              5              93              98
    United States·                                  58 970               5            310             315
    Union of Soviet Socialist Republics               6 600              5              35              40
    Yugoslavia                                        1 565              5                8             13
                                    Total          167 580             120            880           1 00Ó
                                                          Note
    The countries, tonnages and volts listed in this annex are those arrived at during the United Nations Tin
    Conference, 1970, at which the Fourth International Tin Agreement was drawn up. The list of names and
    the figures are subject to revision from time to time in accordance with the operation of the provisions of
    the Agreement .
 ---pagebreak---                              Official Journal of the European Communities                                    375
                                                  ANNEX C
                                                 PART ONE
    Circumstances in which tin shall be deemed to have been exported for the purposes of export control
The text of Annex C of this Agreement shall be the revised text of Annex C in force at the date of termi
nation of the Third International Tin Agreement.
In the case of Australia tin shall be deemed to be exported on the date of shipment shown in the Restricted
Goods Export Permit issued under the Customs (Prohibited Exports) Regulations, provided that actual
shipment takes place within fourteen days of that date.
                                                 PART TWO
                                       Imports into producing countries
For the purpose of determining net exports of tin under Article 33, imports deductible from exports during
a control period shall be the amount imported into the producing country concerned during the quarter
immediately preceding the declaration of the control period in question, provided that tin imported for
smelting and exported shall not be taken into account .
                                                   ANNEX D
                                         Conditions for special exports
The condition referred to in Article 34 are that the proposed special export is destined to form part of a
government stockpile and unlikely to be used for any commercial or industrial purpose during the currency
of this Agreement.
                                                   ANNEX E
                                Stocks in producing countries under Article 36
                                                                                Tonnage
                                     Country                                          mctric tons
Australia                                                                                -2 200
Bolivia                                                                                7 511
Congo ( Democratic Republic of)                                                               2 000
Indonesia                                                                                4 126
Malaysia                                                                                18 331
Nigeria ( Federal Republic oí)                                                                2 185
Thailand                                                                                5 298
                                                   ANNEX F
                                       Additional stocks won unavoidably
                                                                                Tin content of
                                                                                concentrates permitted
                                                                                to be stocked
               Country                                 Other mineral                  additionally for each
                                                                                ton of other mineral
                                                                                mined : tons
 Australia                                Tantalo-columbite                                    1-5
 Congo ( Democratic Republic of)          Tantalo-columbite                                    1-5
 Nigeria ( Federal Republic of)           Columbite                                            1-5
Thailand                                  Wolframi te-scheelite                                1-5
 ---pagebreak--- 376                                Official Journal of the European Communities
                                                        ANNEX G
                       Rules for the re-determination of the percentages of the producing countries
                                                          Rule J
     The first re-determination of the percentages of the producing countries shall be made at the first meet
     ing of the Council under this Agreement. This re-determination shall be made on the basis of the last
     four quarters for which Figures of the production of tin in each of the producing countries are available.
                                                          Rule 2
     Further re-determination of the percentages shall be made at yearly intervals following the first re-de
     termination, provided that no period subsequent to the quarters referred to in Rule 1 shall have been
     declared to be a control period.
                                                          Rule 3
     Should any period be declared to be a control period, no further re-determination of the percentages
     shall be made until a further four consecutive quarters have not been declared to be control periods; a
     further re-determination shall then be made as soon as figures for the production of tin in each of the
    producing countries in such four consecutive quarters are available; and subsequent re-determinations
    shall be made at yearly intervals thereafter for as long as no period is declared to be a control period. A
    similar procedure shall be followed if any subsequent period is declared to be a control period.
                                                          Rule 4
    For the purpose of Rules 2 and 3 re-determination shall be deemed to have been made at yearly inter
    vals if they are made in the same quarter of the calendar year as were the preceding re-determinations.
                                                          Rule 5
      At the first re-determination, made under Rule 1 , new percentages for the producing countries shall be
     determined in direct proportion to the production of tin in each of them during the four quarters referred
     to in Rule 1 .
                                                          Rule 6
     In subsequent re-determinations, made under Rule 2, the new percentages shall be calculated as
     follows :
     (i) The percentages in the second re-determination shall be in direct proportion to the production of tin
           in each of the producing countries in the latest twenty- four consecutive calendar months for which
           figures are available; and
     (ii) The percentages in the third re-determination, and all later re-determinations, shall be in direct pro
           portion to the production of tin in each of the producing countries in the latest thirty-six consecu
           tive calendar months for which figures are available.
                                                          Rule 7
    In subsequent . re-determinations, made under Rule 3, the new percentages shall be calculated as
    follows :
    (i) The percentages in the first subsequent re-determination shall be in direct proportion to the sum of
          the production of tin in each of the producing countries in the latest twelve consecutive calendar
          months for which figures are available and in the four quarters immediately preceding that control
          period; and
    (ii) The percentages in the next following re-determinations, provided that no period shall have been
          declared to be a control period, shall be in direct proportion to the production of tin in each of the
          producing countries in the latest periods of twenty-four and thirty-six consecutive calendar months
          respectively for which figures are available.
                                                          Rule 8
    For the purposes of the foregoing rules, if any producing country has failed to make available to the
    Council its production figures for any period of twelve consecutive calendar months within one month
    of the date by which four producing countries have made their figures available, the production of that
    country for such period of twelve months shall be calculated by multiplying by twelve the average
    monthly rate of production during the period as shown by such figures as are available and deducting
    five per cent from the amount so calculated.
                                                          Rule 9
    Figures of the production of tin in any producing country for any period earlier than forty-two months
    before the date of any re-determination shall not employed in that re-determination.
 ---pagebreak---                            Official Journal of the European Communities                                      377
                                                   Rule 10
Notwithstanding the provisions of the foregoing rules, the Council may reduce the percentage of any
producing country which has failed to export the whole of its permissible export tonnage as determined
undo1 paragraph (k) of Article 33 or any greater amount accepted by it under paragraph (n) of that Ar
ticle. In considering its decision, the Council shall regard as mitigating circumstances that the
producing country concerned surrendered under paragraph (n) of Article 33 a part of its permissible
export tonnage in time for effective steps to be taken by the other producing countries to make good the
deficit or that the producing country concerned which has failed to export the amount determined under
paragraph (o) of Article 33 has exported the whole of its permissible export the amount determined
undo1 paragraph (k) or (n) of Article 33.
                                                   Rule 11
If a reduction in the percentage of any producing country is made in accordance with Rule 10, the per
centage so made available shall be distributed among the other producing countries in proportion to
their percentages current at the date of the decision to make the reduction.
                                                   Rule 12
If, by the application of the foregoing rules, the percentage of a producing country is reduced to less
than the minimum figure permitted by the operation of the proviso to paragraph (mXQ of Article 33,
then the percentage of that country shall be restored to such minimum figure and the percentages of the
other producing countries shall be proportionately reduced so that the total of the percentages is res
tored to one hundred.
                                                   Rule 13
For the purposes of paragraph (mXii) of Article 33, the following circumstances inter alia may be re
garded as exceptional : a national disaster, a major strike which has paralysed the tin mining industry
for a substantial period, a major breakdown of power supplies or of the main line of transport to the
coast.
                                                   Ride 14
For the purposes of these rules, the calculation for producing countries which are substantial consumers
of tin derived from their domestic mine production shall be based on their exports of tin and not on
mine production of tin. In the first re-determination of Annex A under Rule 1 the calculation in the
case of Australia shall be on the basis of the last four quarters for which export figures of tin are avail
able provided that the percentage figure arrived at shall be equivalent to a tonnage figure not less than
4 572 tons.
                                                   Rule 15
In this annex the expression 'the production of tin shall be deemed to refer exclusively to mine produc
tion, and smelter production shall accordingly be ignored.
 ---pagebreak--- 378                              Official Journal of the European Communities
                                                      ANNEX H
                                  Procedure for ascertaining shares in the buffer stock
    For the purpose of ascertaining the share of each contributing country in the buffer stock, the Manager
    shall adopt the following procedure :
    (i)   The contributions of each contributing country to the buffer stock (excluding any voluntary contri
          bution or part of a voluntary contribution which has been made under paragraph (a) of Article 22
          and which has been refunded under paragraph (c) of Article 22) shall be evaluated, and for this
          purpose any contribution or portion of any contribution made by a contributing country in metal
          shall be calculated at the floor price in effect on the date of entry into force of this Agreement and
          shall be added to the total contributions made by that country in cash.
    (ii) AH the tin metal held by the Manager on the date of termination of this Agreement shall be valued
          on the basis of the settlement price of tin on the London Metal Exchange on that date and an
          amount to that value shall be added to the total cash held by him at that date after setting aside a
          sum as required by paragraph (a) of Article 31 .
    (iii) If the total arrived at under clause (ii) of this Annex is greater than the sum total of all the contri
          butions made to the buffer stock by all the contributing countries (calculated in accordance with
          clause ( i) of this Annex) the surplus shall be apportioned among the contributing countries in pro
          portion to the total contributions to the buffer stock of each contributing country multiplied by the
          number of days that such contributions have been at the disposal of the Manager up to the termi
          nation of this Agreement. For this purpose contributions in tin metal shall be calculated in accord
          ance with clause ( i) of this Annex and each individual contribution (in metal or in cash) shall be
          multiplied by the number of days that it has been at the disposal of the Manager and, for the pur
          pose of calculating the number of days that a contribution has been at the disposal of the Manager,
          neither the day on which the contribution was received by him nor the day of the termination of
          this Agreement shall be counted. The amount of surplus so apportioned to each contributing coun
          try shall be added to the total of the contributions of that country (calculated in accordance with
          clause (0 of this Annex): Provided, however, that in calculating the apportionment of such a sur
          plus a forfeited contribution shall not be regarded as having been at the disposal of the Manager
          during the period of forfeiture.
    (iv) If the total arrived at under clause (ii) of this Annex is less than the sum of all the contributions
          made to the buffer stock by all the contributing countries, the deficit shall be apportioned among
          the contributing countries in proportion to their total contribution. The amount of the deficit so
          apportioned to each contributing country shall be deducted from the total of the contributions of
          that country. The contribution referred to in this clause shall be calculated in accordance with
          clause (0 of this Annex.
    (v) The result of the foregoing calculation shall in the case of each contributing country be treated as
          its share of the buffer stock.