CONVENTION
 ON THE CONTROL AND MARKING OF ARTICLES OF PRECIOUS METALS

Signed in Vienna on 15 November 1972

Entered into force on 27 June 1975

Preamble

The Republic of Austria, the Republic of Finland, the Kingdom of Norway, the Portuguese Republic, the Kingdom of Sweden, the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland;

Desiring to facilitate international trade in articles of precious metals while at the same time maintaining consumer protection justified by the particular nature of these articles;

Have agreed as follows:

I Scope and Operation

Article 1

1. Legal provisions of a Contracting State which require articles of precious metals to be assayed by an authorized body and to be marked with official stamps so as to indicate that they have been satisfactorily assayed, or require such articles to be marked so as to indicate the sponsor, the nature of the metal or the standard of fineness, shall be deemed to be satisfied in respect of articles of precious metals imported from the territory of another Contracting State if such articles have been controlled and marked in accordance with the provisions of this Convention.

2. For articles controlled and marked in accordance with the provisions of this Convention an importing Contracting State shall not require further assaying or marking of a kind referred to in paragraph 1, except for the purpose of check tests as provided in Article 6.

3. Nothing in this Convention shall require a Contracting State to allow the importation or sale of articles of precious metals which do not fulfil its national minimum standards of fineness. Furthermore, nothing in this Convention shall require a Contracting State which accepts 800 as a standard of fineness for silver to allow the importation or sale of articles marked with the 830 standard of fineness.

Article 2

For the purposes of this Convention "articles of precious metals" means articles of silver, gold, platinum or alloys thereof, as defined in Annex I.

Article 3

1. In order to benefit from the provisions of Article 1, articles of precious metals must be:

(a) submitted to an authorized assay office appointed in accordance with Article 5;

(b) controlled by the authorized assay office in accordance with the rules and procedures laid down in Annexes I and II;

(c) marked with the marks as prescribed in Annex II, including the Common Control Mark as described in paragraph 8 thereof.

2. The benefits of Article 1 shall not be applicable to articles of precious metals which, after being marked as prescribed in Annex II have had any of these marks altered or obliterated.

Article 4

The Contracting States shall not be obliged to apply the provisions of paragraphs 1 and 2 of Article 1 to articles of precious metals which since being submitted to an authorized assay office, and controlled and marked as prescribed in Article 3 have been altered by addition or in any other manner.

 

II Control and Sanctions

Article 5

1. Each Contracting State shall appoint one or more assay offices which shall be the only bodies authorized in its territory to carry out the control of articles of precious metals provided for in this Convention and to apply its own appointed assay office mark and the Common Control Mark.

2. Each Contracting State shall notify the depositary of the appointment of such authorized assay offices and of their assay office marks and any withdrawal of this authorization from any assay office previously appointed. The depositary shall immediately notify all other Contracting States accordingly.

Article 6

The provisions of this Convention shall not prevent a Contracting State from carrying out check tests on articles of precious metals bearing the marks provided for in this Convention. Such tests shall not be carried out in such a way as to hamper unduly the importation or sale of articles of precious metals marked in conformity with the provisions of this Convention.

Article 7

The Contracting States hereby empower the depositary to register with the World Intellectual Property Organization (WIPO), in accordance with the Convention of Paris for the Protection of Industrial Property, the Common control Mark as a national hallmark of each Contracting State. The depositary shall also do so in the case of a Contracting State in relation to which this Convention enters into force at a later date or in the case of an acceding State.

Article 8

1. Each Contracting State shall have and maintain legislation prohibiting subject to penalties, any forgery or misuse of the Common Control Mark provided for by this Convention or of the marks of the authorized assay offices which have been notified in accordance with paragraph 2 of Article 5, and any unauthorized alteration to the article or alteration or obliteration of the fineness mark or responsibility mark after the Common Control Mark has been applied.

2. Each Contracting State undertakes to institute proceedings under such legislation when sufficient evidence of forgery or misuse of the Common Control Mark or marks of the authorized assay offices, or unauthorized alteration to the article or alteration or obliteration of the fineness mark or responsibility mark after the Common Control Mark has been applied is discovered or brought to its attention by another Contracting State or, where more appropriate, to take other suitable action.

Article 9

1. If an importing Contracting State or one of its assay offices has reason to believe that an assay office of an exporting Contracting State has affixed the Common Control Mark without having complied with the relevant provisions of this Convention, the assay office by which the articles are purported to have been marked shall be immediately consulted, and the latter assay office shall promptly lend all reasonable assistance for the investigation of the case. If no satisfactory settlement is reached, either of the parties may refer the case to the Standing Committee by notifying its Chairman. In such a case the chairman shall convene a meeting of the Standing Committee not later than one month from the receipt of such notification.

2. If any matter has been referred to the Standing Committee under paragraph 1, the Standing Committee may, after having given an opportunity for the parties concerned to be heard, make recommendations as to the appropriate action to be taken.

3. If within a reasonable time a recommendation referred to in paragraph 2 has not been complied with, or the Standing Committee has failed to make any recommendation, the importing Contracting State may then introduce such additional surveillance of articles of precious metals marked by that particular assay office and entering its territory, as it considers necessary, including the right temporarily to refuse to accept such articles. Such measures shall immediately be notified to all Contracting States and shall be reviewed from time to time by the Standing Committee.

4. Where there is evidence of repeated and grave misapplication of the Common Control Mark the importing Contracting State may temporarily refuse to accept articles bearing the assay office mark of the assay office concerned whether or not controlled and marked in accordance with this Convention. In such a case the importing Contracting State shall immediately notify all other Contracting States and the Standing Committee shall meet within one month to consider the matter.

 

III Standing Committee and Amendments

Article 10

1. A Standing Committee is hereby established on which each Contracting State shall be represented. Each Contracting State shall have one vote.

2. The tasks of the Standing Committee shall be:

to consider and review the operation of this Convention;

to promote technical and administrative co-operation between the Contracting States in matters dealt with by this Convention;

to consider measures for securing uniform interpretation and application of the provisions of this Convention;

to encourage the adequate protection of the marks against forgery and misuse;

to make recommendations in the case of any matter referred to it under the provisions of paragraph 2 of Article 9, or for the settlement of any dispute arising out of the operation of this Convention which is presented to the Standing Committee;

to examine whether the arrangements of a State interested in acceding to this Convention comply with the conditions of the Convention and its Annexes and to make a report in that respect for consideration by the Contracting States.

3. The Standing Committee shall adopt rules of procedure for its meeting including rules for the convening of such meetings. This Committee shall meet at least once a year. The first meeting shall be convened by the depositary not later than six months after the coming into force of this Convention.

4. The Standing Committee may make recommendations on any question relating to the implementation of this Convention or make proposals for the amendment of this Convention or its Annexes. Such recommendations or proposals shall be transmitted to the depositary who shall notify all Contracting States.

Article 11

1. In the case of a proposal received from the Standing Committee for amendment of the Annexes to the Convention the depositary shall notify all Contracting States and invite their Governments to give their consent to the proposed amendment within four months. Such consent may be conditional in order to meet internal constitutional requirements.

2. Unless a negative reply has been received from the Government of a Contracting State within the period mentioned in paragraph 1, the amendment to the Annexes shall come into force six months after the expiration of this period unless a later date for its entry into force has been provided for in the amendment, and provided that the conditions in any consent referred to in paragraph 1 have been fulfilled. The depositary shall notify the entry into force and the relevant date to all Contracting States.

3. In the case of a proposal received from the Standing Committee for the amendment of the Articles to the Convention, or in the case of a proposal for amendment of the Convention or its Annexes received from a Contracting State, the depositary shall submit such proposals for acceptance to all Contracting States.

4. If within three months from the date of the submission of a proposal for amendment under paragraph 3 a Contracting State requests that negotiations be opened on the proposal, the depositary shall arrange for such negotiations to be held.

5. Provided it is accepted by all Contracting States, an amendment to this Convention or its Annexes proposed under paragraph 3 shall enter into force one month after deposit of the last instrument of acceptance unless another date is provided for in the amendment. Instruments of acceptance shall be deposited with the depositary who shall notify all Contracting States.

 

IV Final Provisions

Article 12

1. Any State being a Member of the United Nations or of any of the specialised agencies or of the International Atomic Energy Agency or a Party to the Statute of the International Court of Justice and having arrangements for the assay and marking of articles of precious metals necessary to comply with the requirements of the Convention and its Annexes may, upon invitation of the Contracting States to be transmitted by the depositary, accede to this Convention.

2. The Governments of the Contracting States shall base their decision whether to invite a State to accede primarily on the report referred to in paragraph 2 of Article 10.

3. The invited State may accede to this Convention by depositing an instrument of accession with the depositary which shall notify all other Contracting States. The accession shall become effective three months after deposit of that instrument.

Article 13

The Kingdom of Denmark and the Republic of Iceland, which participated in the drafting of this Convention, may accede to it by depositing an instrument of accession with the depositary. The accession shall become effective two months after the date of deposit of that instrument, but not before the expiry of the period of four months mentioned in paragraph 2 of Article 16.

Article 14

1. The Government of any signatory or acceding State may, when depositing its instrument of ratification or accession, or at any time thereafter, declare in writing to the depositary that this Convention shall apply to all or part of the territories, designated in the declaration, for the external relations of which it is responsible. The depositary shall communicate any such declaration to the Governments of all other Contracting States

2. If the declaration was made at the time of the deposit of the instrument of ratification or accession this Convention shall enter into force in relation to those territories on the same date as the Convention enters into force in relation to the State having made the declaration. In all other cases the Convention shall enter into force in relation to those territories three months after the declaration has been received by the depositary.

3. The application of this Convention to all or part of such territories may be terminated by the Government of the State having made the declaration referred to in paragraph 1 provided that it gives three months' notice in writing to the depositary which shall notify all other Contracting States.

Article 15

Any Contracting State may withdraw from this Convention provided that it gives twelve months' notice in writing to the depositary who shall notify all Contracting States, or on such other terms as may be agreed upon by the Contracting States. Each Contracting State undertakes that, in the event of its withdrawal from the Convention, it will cease after withdrawal to use or apply the Common Control Mark for any purpose.

Article 16

1. This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the depositary which shall notify all other signatory States.

2. This Convention shall enter into force four months after deposit of the fourth instrument of ratification. In relation to any other signatory State depositing subsequently its instrument of ratification this Convention shall enter into force two months after the date of deposit but not before the expiry of the above-mentioned period of four months.

In witness thereof the undersigned, duly authorized thereto, have signed the present Convention.

Done in Vienna this 15th day of November 1972, in a single copy in the English and French languages, both texts being equally authentic, which shall be deposited with the Government of Sweden, by which certified copies shall be transmitted to all other signatory and acceding States.

Here follow the signatures of the representatives of Austria, Finland, Norway, Portugal, Sweden, Switzerland and the United Kingdom.

 

Annexes I and II to the convention on the control and marking of articles of precious metals

Amended by the Contracting States to the Convention¹ on the basis of a proposal agreed to by the Standing Committee at its forty-fifth meeting in Helsinki on 25 and 26 May 1998.

Entered into force on 10 March 2000

Annex I

Definitions and Technical Requirements

1. Definitions

For the purpose of this Convention the following definitions apply:

1.1. Precious metals

Precious metals are platinum, gold, [palladium]² and silver.

Platinum is the most precious metal followed by gold, [palladium]² and silver.

1.2. Precious metal alloy

A precious metal alloy is a solid solution containing at least one precious metal.

1.3. Precious metal article

A precious metal article is any item of jewellery, goldsmith's, silversmith's or watchmaker's ware or any other object made entirely or in part from precious metals or their alloys.

1.4. Fineness

The fineness is the content of the named precious metals measured in terms of parts per thousand by weight of alloy.

1.5. Standard of fineness

The standard of fineness is the minimum content of the named precious metals measured in terms of parts per thousand by weight of alloy.

1.6. Precious metal coating/plating

A precious metal coating or plating is a layer of precious metal or of precious metal alloy applied to all, or part of a precious metal article e.g. by chemical, electrochemical, mechanical or physical process.

1.7. Base metals

Base metals are all metals except platinum, gold, [palladium] ², and silver.

2. Technical requirements

2.1. The Convention does not apply to:

a) Articles made of alloys of a fineness less than 850 for platinum, 375 for gold, [500 for palladium]² and 800 for silver;

b) Any article which is intended to be used for medical, dental, veterinary, scientific or technical purpose;

c) Legal tender;

d) Parts or incomplete semi-manufactures (e.g. metal parts or surface layer);

e) Raw materials such as bars, plates, wire and tubes;

f) Base metal articles coated with precious metal;

g) Any other object decided by the Standing Committee.

The articles referred to in a) to g) above cannot therefore be marked with the Common Control Mark

2.2. Standards of fineness applied under the Convention³

for platinum: 999, 950, 900, 850

for gold: 999, 916, 750, 585, 375

[for palladium: 999, 950, 500]²

for silver: 999, 925, 830, 800

2.2.1. Other standards of fineness may be recognised by the Standing Committee, depending on international developments.

2.3. Tolerance

2.3.1. No negative tolerance is permitted in relation to the standard of fineness indicated on the article.

2.3.2. Separate rules for special manufacturing techniques are established by the Standing Committee.

2.4. Use of solder

2.4.1. Solder may be used only for joining purposes. In principle, the standard of fineness of the solder shall be the same as the standard of fineness of the article.

2.4.2. Practical exceptions from this principle and other methods of joining are defined by the Standing Committee.

2.5. Use of base metal parts

2.5.1. Base metal parts in precious metal articles shall be prohibited except as follows:

a) Movements of propelling pencils, clocks and watches, the internal mechanism of lighters and similar mechanisms where precious metals are unsuitable for technical reasons;

b) Blades of knives and such parts of bottle openers and corkscrews and similar articles for which precious metals are unsuitable for technical reasons;

c) springs;

d) wire for joints of silver hinges;

e) pins for silver brooches.

Other exceptions can be decided on by the Standing Committee.

2.5.2. Rules for joining base metal parts permitted under paragraph 2.5.1 to precious metal parts are established by the Standing Committee.

2.5.3. Base metal parts where practicable shall be stamped or engraved "METAL" or with a specific designation of the metal; where this is impracticable these shall be readily distinguishable by colour from the precious metal. These requirements shall not apply to clock or watch movements. Base metal shall not be used for the purpose of strengthening, weighting or filling.

2.6. Use of non-metallic substances

The use of non-metallic parts shall be permitted provided these are clearly distinguishable from the precious metal, they are not plated or coloured to resemble precious metals and their extent is visible. The Standing Committee can decide on further details.

2.7. Coating of precious metal articles

Precious metal coating must be of at least the same fineness as the article or of a more precious metal.

2.7.1. The Standing Committee decides on permitted coatings.

 

Annex II

Control by the authorised assay office(s)

1. General

The authorised assay office(s) (thereafter referred to as "the assay office") shall examine whether articles of precious metals which are presented to it in order to be marked with the Common Control Mark fulfil the conditions of Annex I to the Convention.

1.1. If an article is found by the assay office to be complete as to all its metallic parts and if it complies with the provisions of Annex I to this Convention, the assay office shall, on request, mark the article with its assay office mark and the Common Control Mark. In cases where the Common Control Mark is applied the assay office shall, before the article leaves its custody, ensure that the article is fully marked in accordance with the provisions of paragraphs below.

2. Methods of analysis

The assay office shall use any of the approved methods of analysis in assaying articles of precious metals as listed under Appendix I. The Standing Committee can amend this list according to future developments. Other test methods may be used to evaluate the homogeneity of the batch.

3. Sampling

The number of items taken from a batch and the number of samples taken from these items for testing and analysis shall be sufficient to establish the homogeneity of the batch and ensure that all parts of all articles controlled in the batch are up to the required standard of fineness. Sampling guidelines are established by the Standing Committee.

4. Marking

The following minimum marks shall be applied on articles which satisfy the criteria in Annex I:

a) a registered responsibility mark as described in paragraph 4.2;

b) the mark of the assay office;

c) the Common Control Mark as described in paragraph 4.3.; and

d) the corresponding fineness mark in arabic numerals;

Marks b) and c) shall be punched on the article by the assay office

Marks a) and d) can be applied by punching, casting or engraving on the article.

Whenever possible, all marks shall be placed in immediate proximity to each other.

Other marks which are not to be confused with the marks mentioned above are allowed as additional marks.

4.1. The Standing Committee can decide on other methods of marking articles.

4.2. The responsibility mark referred to in paragraph 4 a), shall be registered in an official register of the Contracting State and/or one of its assay offices, in whose territory the article in question is controlled.

4.3. The Common Control Mark shall consist of the representation of a balance together with the number in Arabic numerals showing the standard of fineness of the article in parts per thousand in relief on a lined background surrounded by a shield indicating the nature of the precious metal as follows:

- for platinum articles:

- for gold articles:

- [for palladium articles:]²

- for silver articles:

4.3.1. All different standards of fineness listed by the Standing Committee can be represented.

4.3.2. The approved sizes of the Common Control Mark are listed in Appendix 2. This list can be amended by the Standing Committee.

4.4. Articles consisting of more than one alloy of the same precious metal

Where an article consists of different alloys of the same precious metal, the fineness mark and the Common Control Mark applied shall be that of the lowest fineness present in the article. Exceptions can be decided on by the Standing Committee.

4.5. Articles consisting of parts

If an article consists of parts which are hinged or readily separable, the above marks shall be applied to the main part. Where practicable the Common Control Mark shall be applied also to the lesser parts.

4.6. Articles consisting of different precious metal alloys

4.6.1. If an article consists of different precious metal alloys, and if the colour and extent of each alloy are clearly visible, the marks referred to in paragraph 4 a), b), c) and d) shall be applied on one precious metal alloy and the appropriate Common Control Mark on the other(s).

4.6.2. If an article consists of different precious metal alloys and if the colour and extent of each alloy is not visible, the marks referred to in paragraph 4 a), b), c) and d) shall be applied on the least precious metal. The Common Control Mark relating to the more precious metals may not be applied.

4.6.3. Exceptions from the rules above justified by technical reasons are decided on by the Standing Committee.

 

Appendix I

Methods of analysis and other test methods

The testing of articles of precious metals submitted for marking with the Common Control Mark consists of the two following steps:

1. the evaluation of the homogeneity of the batch, and

2. the determination of the fineness of the alloy.

1. The homogeneity of the batch may be evaluated by one of the following test methods:

a) touchstone testing;

b) testing by X-ray spectroscopy; and

c) analysis of scraps assembled from several pieces taken out of the batch.

2. The fineness of the precious metals content is determined by one of the following approved methods of analysis:

Platinum:

Gravimetric method after precipitation of diammonium-hexachloroplatinate (Document EN 31210 / ISO 11210: 1995)

Gravimetric method by reduction with mercurous chloride (Document EN 31489 / ISO 11489: 1995)

Spectrometric method / ICP solution (Document pr EN 31494 / ISO/DIS 11494)

Atomic absorption (Document ISO/WD 11492)

Gold:

Cupellation method (Document EN 31426 / ISO 11426: 1997)

Spectrometric method / ICP solution (Document ISO/WD 11493)

[Palladium:

Gravimetric determination with dimethyl glyoxime (Document EN 31490 / ISO 11490: 1995)

Spectrometric method / ICP solution (Document EN 31495 / ISO/DIS 11495)]²

Silver:

Volumetric (potentiometric) method using potassium bromide (Document EN 31427 / ISO 11427: 1993)⁴

Volumetric (potentiometric) method using sodium chloride or potassium chloride (Document ISO 13756: 1997)

 

Appendix II

Sizes of the Common Control Marks

The sizes (height) of the Common Control Mark are:

for platinum:

not smaller than 0.75 mm

for gold:

- 1.5 mm

- 1.0 mm

- 0.75 mm

- 0.5 mm

[for palladium:

not smaller than 0.75 mm]²

for silver:

- 4.0 mm

- 2.0 mm

- 1.5 mm

- 1.0 mm

- 0.75 mm

^{__________________________________________}

¹ Austria, Czech Republic, Denmark, Finland, Ireland, Netherlands, Norway, Portugal, Sweden, Switzerland, United Kingdom

² Shall apply only after the entry into force of the amendment to Article 2 of the Convention

³ See Article 1, Paragraph 2 of the Convention

⁴ As amended by technical corrigendum 1:1994: "Clause 4.2: Potassium bromide, solution, c(KBr) = 0,1 mol/l"

 

 AMENDMENTS TO THE CONVENTION ON THE CONTROL AND MARKING OF ARTICLES OF PRECIOUS METALS

Proposed by the Standing Committee in accordance with Paragraph 4 of Article 10 of the Convention and accepted on 13 December 1999 by the Standing Committee at its forty-eighth meeting held in Morges on 13 and 14 December 1999;

Amended by the Standing Committee at its fiftieth meeting held in Geneva on 9 January 2001.

Introduction

In accordance with Paragraph 4 of Article 10 of the Convention on the Control and Marking of Articles of Precious Metals, the Standing Committee sent to the depositary, in December 1998, a proposal for the amendment of the text of the Convention. This text was duly circulated to the Convention's Contracting States with an invitation to give their consent to the amendments proposed.

Following the request presented by the Danish Government that further negotiations are opened on the proposed amendments, a meeting of legal experts from the Contracting States was convened by the depositary. The meeting was held in Copenhagen on 21 September 1999. During this meeting, legal experts addressed a number of legal questions and considered some proposals for amendments. They recommended that the amendments to the Convention be issued in the form of a protocol. The recommendations of the legal experts and the consolidated amendments to the Convention were subsequently presented to and accepted by the Standing Committee at its forty-eighth meeting held in Morges (Switzerland) on 13 and 14 December 1999.

Following another request presented by the Danish Government that further negotiations are opened on the proposed amendments, a meeting of legal experts from the Contracting States was convened by the depositary. The meeting was held in Geneva on 8 January 2001. During this meeting, legal experts accepted one of the two proposals tabled by Denmark and found a suitable compromise on the second Danish proposal. The recommendations of the legal experts and the consolidated amendments to the Convention were subsequently presented to and accepted by the Standing Committee at its fiftieth meeting held in Geneva (Switzerland) on 9 January 2001.

The consolidated amendments, as agreed by the Standing Committee, are the following:

Preamble

First paragraph:

the following three paragraphs should be added:

Considering that the international harmonisation of standards and technical regulations and guidelines for methods and procedures for the control and marking of precious metal articles is a valuable contribution to the free movement of such products;

Considering that this harmonisation should be supplemented by mutual recognition of control and marking and desiring therefore to promote and maintain co-operation between their assay offices and concerned authorities;

Having regard to the fact that compulsory hallmarking is not required from the Contracting States to the Convention and that the marking of articles of precious metals with the Convention marks is carried out on a voluntary basis;

Article 1

Paragraphs 1 and 2 should be deleted and replaced by a new paragraph 1:

1. Articles controlled and marked by an authorised assay office in accordance with the provisions of this Convention shall not be submitted to further compulsory assaying or marking in an importing Contracting State. This does not prevent an importing Contracting State from carrying out check tests in accordance with Article 6.

Paragraph 3 becomes paragraph 2 and should be amended to read:

2. Nothing in this Convention shall require a Contracting State to allow the importation or sale of articles of precious metals which are not defined in its national legislation or do not comply with its national standards of fineness.

Article 2

The articles of precious metals listed in Article 2 should be amended to read "(…) articles of platinum, gold, palladium, silver, or alloys thereof (…)":

Article 3

in paragraph 1 to Article 1 (in fine) the word "be" should be deleted.

in sub-paragraph (a) the word "be" should be added before "submitted" and the word "authorised" should be spelled the British way.

the following new sub-paragraph 1 (b) should be added:

(b) fulfil the technical requirements of this Convention as laid down in Annex I;

the former sub-paragraphs (b) and (c) should be amended to read:

(c) be controlled in accordance with the rules and procedures laid down in Annex II;

(d) be marked with the marks as prescribed in Annex II.

Article 4

the reference to "paragraphs 1 and 2 of Article 1" should be changed to read "paragraph 1 of Article 1".

Article 5

paragraph 1 should be replaced by the two following paragraphs:

1. Each Contracting State shall appoint one or more authorised assay offices for the control and marking of articles of precious metals as provided for in Annex II.

2. The authorised assay offices shall satisfy the following conditions:

- availability of staff and of the necessary means and equipment;

- technical competence and professional integrity of the staff;

- in carrying out the requirements of the Convention, the management and technical staff of the authorised assay office must be independent of all circles, grouping or persons with direct or indirect interest in the area concerned;

- staff must be bound by professional secrecy.

paragraph 2 should be renumbered to become paragraph 3; in the first sentence, "the appointment of such authorized assay offices and of their assay offices marks" should be replaced by "the appointment of such assay offices and of their marks"; "authorisation" should be spelled the British way.

Article 7

add "described in Annex II" after "Common Control Mark"

Article 8

add "unauthorised alteration" after "forgery" and replace the reference to "paragraph 2" of Article 5 by "paragraph 3" of Article 5.

Article 9

paragraph 1: replace "…one of its assay offices" by "…one of its authorised assay offices"; delete the comma after "immediately consulted", delete "the latter assay office" and delete "not later than one month from the receipt of such notification".

Article 10

paragraph 2: add after the first indent:

to review and, where necessary, propose amendments to the Annexes to this Convention;

to take decisions on technical matters, as provided for in the Annexes;

paragraph 2: in the fourth indent, add "and maintain" after "to promote";

paragraph 3: the last sentence should be deleted

the following new paragraph 4 should be added:

4. In accordance with paragraph 2 above, the Standing Committee shall take decisions on technical matters, as provided for in the Annexes, by unanimous vote.

the present paragraph 4 should be renumbered to become paragraph 5; at the end of the first sentence, "or its annexes" should be deleted; "who" following "depositary" should be replaced by "which".

Article 11

former paragraphs 1 and 2 should become paragraphs 4 and 5 below under the new heading Amendment to the Annexes and be amended to read:

4. n the case of a proposal made by the Standing Committee for amendment of the Annexes to the Convention, the depositary shall notify all Contracting States.

5. The amendment to the Annexes shall come into force six months after the date of notification by the depositary unless an objection has been received from the Government of a Contracting State or unless a later date for its entry into force has been provided for in the amendment.

former paragraphs 3 to 5 should renumbered 1 to 3 under the following new heading: Amendment to the Convention

in the new paragraph 1 "or its Annexes" should be deleted from the text

in the new paragraph 2 "under paragraph 3" should be replaced by "under paragraph 1"

in the new paragraph 3 "or its Annexes proposed under paragraph 3" should be deleted from the text; the word "who" following "depositary" should be replaced by "which".

 

Chapter IV

the following new heading should be added under Final Provisions: Accession

Article 12

the following new paragraph 2 should be added:

2. The Governments of the Contracting States shall notify their reply to the depositary within four months after receipt of the request by the depositary asking them whether they agree to the invitation. Any Government not replying within that period shall be deemed to have consented to the invitation.

former paragraphs 2 and 3 should be renumbered accordingly

Article 13

should be deleted

Article 14 to 16

should be renumbered accordingly

a new heading "withdrawal" should be added before the new Article 14 and a new heading "ratification" before the new Article 15.

Article 14 (new)

In the first sentence, "who" following "depositary" should be replaced by "which".

First paragraph

following (new) Article 15

The word "authorised" should be spelled the British way.

The proposed amendment of Article 1 of the Convention on the Control and Marking of Articles of Precious Metals, which was adopted by the Standing Committee at its thirtieth meeting held in Geneva on 4 February 1992 (PMC 1/92 26 February 1992) and which has not entered into force, is superseded herewith.

After the entry into force of the present proposed amendment of the Convention, the consolidated text in English and French, will read as in the annexed document "Amendment to the Text of the Convention on the Control and Marking of Articles of Precious Metals" (PMC/W 9/99 (Rev. 3) dated 25 January 2001).

 

CONVENTION ON THE CONTROL AND MARKING OF ARTICLES OF PRECIOUS METALS
(without Annexes)

PREAMBLE

The Republic of Austria, the Republic of Finland, the Kingdom of Norway, the Portuguese Republic, the Kingdom of Sweden, the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland*;

Desiring to facilitate international trade in articles of precious metals while at the same time maintaining consumer protection justified by the particular nature of these articles;

Considering that the international harmonisation of standards and technical regulations and guidelines for methods and procedures for the control and marking of precious metal articles is a valuable contribution to the free movement of such products;

Considering that this harmonisation should be supplemented by mutual recognition of control and marking and desiring therefore to promote and maintain co-operation between their assay offices and concerned authorities;

Having regard to the fact that compulsory hallmarking is not required from the Contracting States to the Convention and that the marking of articles of precious metals with the Convention marks is carried out on a voluntary basis;

Have agreed as follows:

I Scope and Operation

Article 1

1. Articles controlled and marked by an authorised assay office in accordance with the provisions of this Convention shall not be submitted to further compulsory assaying or marking in an importing Contracting State. This does not prevent an importing Contracting State from carrying out check tests in accordance with Article 6.

2. Nothing in this Convention shall require a Contracting State to allow the importation or sale of articles of precious metals which are not defined in its national legislation or do not comply with its national standards of fineness.

Article2

For the purposes of this Convention "articles of precious metals" means articles of platinum, gold, palladium, silver, or alloys thereof, as defined in Annex I.

Article 3

1. In order to benefit from the provisions of Article 1, articles of precious metals must:

(a) be submitted to an authorised assay office appointed in accordance with Article 5;

(b) fulfil the technical requirements of this Convention as laid down in Annex I;

(c) be controlled in accordance with the rules and procedures laid down in Annex II;

(d) be marked with the marks as prescribed in Annex II.

2. The benefits of Article 1 shall not be applicable to articles of precious metals which, after being marked as prescribed in Annex II, have had any of these marks altered or obliterated.

Article 4

The Contracting States shall not be obliged to apply the provisions of paragraph 1 of Article 1 to articles of precious metals which, since being submitted to an authorised assay office, and controlled and marked as prescribed in Article 3, have been altered by addition or in any other manner.

 

II Control and Sanctions

Article 5

1. Each Contracting State shall appoint one or more authorised assay offices for the control and marking of articles of precious metals as provided for in Annex II.

2. The authorised assay offices shall satisfy the following conditions:

- availability of staff and of the necessary means and equipment;

- technical competence and professional integrity of the staff;

- in carrying out the requirements of the Convention, the management and technical staff of the authorised assay office must be independent of all circles, grouping or persons with direct or indirect interest in the area concerned;

- staff must be bound by professional secrecy.

3. Each Contracting State shall notify the depositary of the appointment of such assay offices and of their marks and any withdrawal of this authorisation from any assay office previously appointed. The depositary shall immediately notify all other Contracting States accordingly.

Article 6

The provisions of this Convention shall not prevent a Contracting State from carrying out check tests on articles of precious metals bearing the marks provided for in this Convention. Such tests shall not be carried out in such a way as to hamper unduly the importation or sale of articles of precious metals marked in conformity with the provisions of this Convention.

Article 7

The Contracting States hereby empower the depositary to register with the World Intellectual Property Organisation (WIPO), in accordance with the Convention of Paris for the Protection of Industrial Property, the Common Control Mark described in Annex II as a national hallmark of each Contracting State. The depositary shall also do so in the case of a Contracting State in relation to which this Convention enters into force at a later date or in the case of an acceding State.

Article 8

1. Each Contracting State shall have and maintain legislation prohibiting, subject to penalties, any forgery, unauthorised alteration or misuse of the Common Control Mark or of the marks of the authorised assay offices which have been notified in accordance with paragraph 3 of Article 5, and any unauthorised alteration to the article or alteration or obliteration of the fineness mark or responsibility mark after the Common Control Mark has been applied.

2. Each Contracting State undertakes to institute proceedings under such legislation when sufficient evidence of forgery or misuse of the Common Control Mark or marks of the authorised assay offices, or unauthorised alteration to the article or alteration or obliteration of the fineness mark or responsibility mark after the Common Control Mark has been applied is discovered or brought to its attention by another Contracting State or, where more appropriate, to take other suitable action.

Article 9

1. If an importing Contracting State or one of its authorised assay offices has reason to believe that an assay office in an exporting Contracting State has affixed the Common Control Mark without having complied with the relevant provisions of this Convention, the assay office by which the articles are purported to have been marked shall be immediately consulted and shall promptly lend all reasonable assistance for the investigation of the case. If no satisfactory settlement is reached, either of the parties may refer the case to the Standing Committee by notifying its Chairman. In such a case the Chairman shall convene a meeting of the Standing Committee.

2. If any matter has been referred to the Standing Committee under paragraph 1, the Standing Committee may, after having given an opportunity for the parties concerned to be heard, make recommendations as to the appropriate action to be taken.

3. If within a reasonable time a recommendation referred to in paragraph 2 has not been complied with, or the Standing Committee has failed to make any recommendation, the importing Contracting State may then introduce such additional surveillance of articles of precious metals marked by that particular assay office and entering its territory, as it considers necessary, including the right temporarily to refuse to accept such articles. Such measures shall immediately be notified to all Contracting States and shall be reviewed from time to time by the Standing Committee.

4. Where there is evidence of repeated and grave misapplication of the Common Control Mark the importing Contracting State may temporarily refuse to accept articles bearing the assay office mark of the assay office concerned whether or not controlled and marked in accordance with this Convention. In such a case the importing Contracting State shall immediately notify all other Contracting States and the Standing Committee shall meet within one month to consider the matter.

 

III Standing Committee and Amendments

Article 10

1. A Standing Committee is hereby established on which each Contracting State shall be represented. Each Contracting State shall have one vote.

2. The tasks of the Standing Committee shall be:

to consider and review the operation of this Convention;

to review and, where necessary, propose amendments to the Annexes to this Convention;

to take decisions on technical matters, as provided for in the Annexes;

to promote and maintain technical and administrative co-operation between the Contracting States in matters dealt with by this Convention;

to consider measures for securing uniform interpretation and application of the provisions of this Convention;

to encourage the adequate protection of the marks against forgery and misuse;

to make recommendations in the case of any matter referred to it under the provisions of paragraph 2 of Article 9, or for the settlement of any dispute arising out of the operation of this Convention which is presented to the Standing Committee;

to examine whether the arrangements of a State interested in acceding to this Convention comply with the conditions of the Convention and its Annexes and to make a report in that respect for consideration by the Contracting States.

3. The Standing Committee shall adopt rules of procedure for its meeting including rules for the convening of such meetings. This Committee shall meet at least once a year.

4. In accordance with paragraph 2 above, the Standing Committee shall take decisions on technical matters, as provided for in the Annexes, by unanimous vote.

5. The Standing Committee may make recommendations on any question relating to the implementation of this Convention or make proposals for the amendment of this Convention. Such recommendations or proposals shall be transmitted to the depositary which shall notify all Contracting States.

Article 11

Amendment to the Convention

1. In the case of a proposal received from the Standing Committee for the amendment of the Articles to the Convention, or in the case of a proposal for amendment of the Convention received from a Contracting State, the depositary shall submit such proposals for acceptance to all Contracting States.

2. If within three months from the date of the submission of a proposal for amendment under paragraph 1 a Contracting State requests that negotiations be opened on the proposal, the depositary shall arrange for such negotiations to be held.

3. Provided it is accepted by all Contracting States, an amendment to this Convention shall enter into force one month after deposit of the last instrument of acceptance unless another date is provided for in the amendment. Instruments of acceptance shall be deposited with the depositary which shall notify all Contracting States.

Amendment to the Annexes

4. In the case of a proposal made by the Standing Committee for amendment of the Annexes to the Convention, the depositary shall notify all Contracting States.

5. The amendment to the Annexes shall come into force six months after the date of notification by the depositary unless an objection has been received from the Government of a Contracting State or unless a later date for its entry into force has been provided for in the amendment.

IV Final Provisions

Accession

Article 12

1. Any State being a Member of the United Nations or of any of the specialised agencies or of the International Atomic Energy Agency or a Party to the Statute of the International Court of Justice and having arrangements for the assay and marking of articles of precious metals necessary to comply with the requirements of the Convention and its Annexes may, upon invitation of the Contracting States to be transmitted by the depositary, accede to this Convention.

2. The Governments of the Contracting States shall notify their reply to the depositary within four months after receipt of the request by the depositary asking them whether they agree to the invitation. Any Government not replying within that period shall be deemed to have consented to the invitation.

3. The Governments of the Contracting States shall base their decision whether to invite a State to accede primarily on the report referred to in paragraph 2 of Article 10.

4. The invited State may accede to this Convention by depositing an instrument of accession with the depositary which shall notify all other Contracting States. The accession shall become effective three months after deposit of that instrument.

Article 13

1. The Government of any signatory or acceding State may, when depositing its instrument of ratification or accession, or at any time thereafter, declare in writing to the depositary that this Convention shall apply to all or part of the territories, designated in the declaration, for the external relations of which it is responsible. The depositary shall communicate any such declaration to the Governments of all other Contracting States.

2. If the declaration was made at the time of the deposit of the instrument of ratification or accession this Convention shall enter into force in relation to those territories on the same date as the Convention enters into force in relation to the State having made the declaration. In all other cases the Convention shall enter into force in relation to those territories three months after the declaration has been received by the depositary.

3. The application of this Convention to all or part of such territories may be terminated by the Government of the State having made the declaration referred to in paragraph 1 provided that it gives three months' notice in writing to the depositary which shall notify all other Contracting States.

Withdrawal

Article 14

Any Contracting State may withdraw from this Convention provided that it gives twelve months' notice in writing to the depositary which shall notify all Contracting States, or on such other terms as may be agreed upon by the Contracting States. Each Contracting State undertakes that, in the event of its withdrawal from the Convention, it will cease after withdrawal to use or apply the Common Control Mark for any purpose.

Ratification

Article 15

1. This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the depositary which shall notify all other signatory States.

2. This Convention shall enter into force four months after deposit of the fourth instrument of ratification. In relation to any other signatory State depositing subsequently its instrument of ratification this Convention shall enter into force two months after the date of deposit but not before the expiry of the above-mentioned period of four months.

In witness thereof the undersigned, duly authorised thereto, have signed the present Convention.

Done in Vienna this 15th day of November 1972, in a single copy in the English and French languages, both texts being equally authentic, which shall be deposited with the Government of Sweden, by which certified copies shall be transmitted to all other signatory and acceding States.

Here follow the signatures of the representatives of Austria, Finland, Norway, Portugal, Sweden, Switzerland and the United Kingdom.

PMC/W 5/2002
21 October 2002

AMENDMENT TO ANNEX II OF THE CONVENTION ON THE CONTROL AND MARKING OF ARTICLES OF PRECIOUS METALS

Proposed by the Standing Committee in accordance with Paragraph 4 of Article 10 of the Convention and accepted on 15 October 2002 by the Standing Committee at its fifty-third meeting held in Vienna.

 

In accordance with Paragraph 4 of Article 10 of the Convention on the Control and Marking of Articles of Precious Metals, the Standing Committee is sending herewith to the Depositary a proposal for the amendment of the table, which follows paragraph 3 of Article 4 at Annex II of the Convention. The wording of Article 4 (3) as such remains unchanged. The footnote in the table regarding palladium articles remains also unchanged.

This proposal shall be duly circulated to the Convention's Contracting States with an invitation to give their consent to the proposed amendment. The amendment, as agreed by the Standing Committee, is the following:

The following marks should be added in the table following Article 4, paragraph 3, of Annex II of the Convention.

- for platinum articles:

- for gold articles:

- for palladium articles:* 

- for silver articles:

* Shall aply only after the entry into force of the amendment to Article 2 of the Convention

Ministry for Foreign Affairs

Sweden

The Ministry for Foreign Affairs presents its compliments to the Embassy of the Republic of Latvia and has the honour to refer to the request by Latvia to accede to the Convention on the Control and Marking of Articles of precious Metals, done at Vienna on 15 November 1972, for which the Government of Sweden is the depositary.

Under Article 12, paragraph 1, of the Convention, it is open for accession by any State Member of the United Nations having arrangements for the assay and marking of articles of precious metals necessary to comply with the requirements of the Convention. Any such State may accede to the Convention upon invitation by all Contracting States.

The Government of Sweden, in its capacity as depositary, has received a Recommendation by the Standing Committee set up under the Convention concerning the accession of Latvia to the Convention.

The Government of Sweden has requested all the Contracting States to inform the Government whether they agree that an invitation to accede to the Convention be extended to Latvia. If a reply was not received within four months from the request, the Government of Sweden should, in accordance with the Recommendation, consider the proposal as having been accepted.

No objection has been received within the four months' period.

Therefore, on behalf of the Contracting States, the Government of Sweden has the honour to invite the Republic of Latvia to accede to the Convention. The accession shall become effective three months after the deposit of an instrument of accession with the Swedish Government in accordance with Article 12, paragraph 3.

The Ministry takes this opportunity to inform the Embassy that on 9 January 2001 the standing Committee adopted an Amendment to the Convention. The amendment has been submitted by the Government of Sweden to all Contracting States for acceptance but has not yet entered into force. As Latvia is about to accede to the Convention, the Ministry would suggest that Latvia considers whether to accept this amendment and include it in the instrument of accession. The following documents are annexed.

PMC/W 7/99 (Rev. 4), 4 October 2001

PMC/W 8/99 (Rev. 4), 4 October 2001

PMC/W 9/99 (Rev. 3), 25 January 2001

Status of Acceptance as of 15 October 2003

Furthermore, the Ministry would like to draw attention to an Amendment to Annex II of the Convention, proposed by the Standing Committee on 15 October 2002. This amendment has been submitted by the Government of Sweden to all Contracting States for acceptance but has not yet entered into force. As Latvia is about to accede to the Convention, the Ministry would suggest that Latvia considers whether to accept this amendment also and include it in the instrument of accession.

A copy of this amendment is also annexed, Document PMC/W 5/2002, 21 October 2002.

The Ministry for Foreign Affairs avails itself of this opportunity to renew to the Embassy of Republic of Latvia the assurances of its highest consideration.

Stockholm, 15 October 2003

Embassy of the Republic of Latvia

STOCKHOLM