CONVENTION ON THE CONTROL AND MARKING OF ARTICLES OF PRECIOUS METALS PMC/W 1/2001 (Rev. 9) Annex 20 February 2009

COMPILATION OF ACTS OF THE STANDING COMMITTEE Adopted by the Standing Committee at its fifty-first meeting in Lisbon on 2 October 2001 Entered into force on 1 January 2002 Amended on: 8 April 2003 27 August 2004 5 April 2005 18 November 2005 17 February 2006 18 September 2006 5 March 2007 14 April 2008 20 February 2009*

English version

The following is a compilation of all the acts and recommendations of the Standing Committee relating to the securing of uniform interpretation and application of the provisions of the Convention.

*

Entry into force: 5 March 2009

Hallmarking Convention

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Table of contents Page Section 1: Membership................................................................................................. 1 -

1.1 Members of the Convention on the Control and Marking of Articles of Precious Metals ................................................................................ 1

-

1.2 National authorised assay offices designated under the Hallmarking Convention .................................................................................... 2

-

1.3 Assay Office Marks ..................................................................................... 9

Section 2: Accession to the Convention .................................................................... 13 -

2.1 Guidelines for Accession to the Convention ............................................. 13

-

2.2 Application form and Questionnaire ......................................................... 16

-

2.3 Example of a Letter of Intent..................................................................... 19

-

2.4 Glossary ..................................................................................................... 20

-

2.5 Standard Operating Procedure on samples................................................ 23

-

2.6 Guidelines for the Assessment Requirements of a Testing Laboratory ........................................................................................................ 25

Section 3: Standing Committee ................................................................................. 26 -

Rules of Procedure of the Standing Committee ............................................... 26

Section 4: Secretariat Services .................................................................................. 30 Section 5: Common Control Marks .......................................................................... 32 -

Instructions for the manufacturing and secure custody of the tools for producing the common control mark.......................................................... 32

Section 6: Financial Regulations ............................................................................... 33 Annex 1:

Memorandum of Understanding with the Pharmaceutical Inspection Co-operation Scheme (PIC/S) ............................................... 34

Hallmarking Convention

-i-

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Section 1: Membership 1.1 Members of the Convention on the Control and Marking of Articles of Precious Metals List of signatures and ratifications or accessions with respect to the Convention on the Control and Marking of Articles of Precious Metals, done at Vienna on 15 November 1972 State

Austria

Signature

Entry into force

Amendments 1988

2001

12.02.1974

27.06.1975

X

X

Cyprus

17.10.2006

17.01.2007

X

X

Czech Republic

02.08.1994

02.11.1994

X

X

Denmark

17.11.1987

17.01.1988

X

X

09.01.1975

27.06.1975

X

Hungary

1.12.2005

1.03.2006

X

X

Ireland

08.08.1983

08.11.1983

X

X

Israel

01.03.2005

01.06.2005

X

X

Latvia

29.04.2004

29.07.2004

X

X

Lithuania

04.05.2004

04.08.2004

X

Netherlands

16.04.1999

16.07.1999

X

01.07.1983

01.09.1983

X

X

22.08.2005

22.11.2005

X

X

06.07.1982

06.09.1982

X

X

Slovak Republic

06.02.2007

06.05.2007

X

X

Slovenia

5.12.2008

5.03.2009

X

X

Finland

Norway

15.11.1972

Ratification/ Accession

15.11.1972

15.11.1972

Poland Portugal

15.11.1972

Sweden

15.11.1972

27.02.1975

27.06.1975

X

X

Switzerland

15.11.1972

01.04.1974

27.06.1975

X

X

United Kingdom

15.11.1972

01.04.1976

01.06.1976

X

X

Hallmarking Convention -1-

Compilations of Acts PMC/W 1/2001 (Rev. 9)

1.2 National Authorised Assay Offices designated under the Hallmarking Convention Austria

Cyprus

Czech Republic

Denmark

Finland

Hungary

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Steuer- und Zollkoordination Edelmetallkontroll-Labor Vordere Zollamtstrasse 5 AT – 1030 VIENNA Tel: +43 1711065156 Fax: +43 1711065708 E-mail: [email protected] Cyprus Organisation for the Hallmarking of Articles of Precious Metals Larnaca Industrial Area P.O. Box 45047 CY - 7110 ARADIPPOU Tel: +357 24533770 Fax: +357 24533773 E-mail: [email protected] Web Site: http://www.assay.org.cy Puncovni Urad Kozí 4 CZ-110 00 PRAHA 1 Tel: +420 225982201 Fax: +420 222315836 E-mail: [email protected] Web Site: http://www.puncovniurad.cz FORCE Technology Aedelmetalkontrollen Park Allé 345 DK-2605 BRONDBY Tel: +45 43267000 Fax: +45 43267011 E-mail: [email protected] Web Site: http://www.force.dk/EEMK Inspecta Oy P.O. Box 95 Miestentie 3 B FI - 02151 ESPOO Tel: +358 10521600 Fax: +358 105216211 E-mail: [email protected] Web Site: http://www.inspecta.fi Hungarian Trade Licensing Office (HTLO) Hungarian Assay Directorate Bláthy Ottó u.3 HU-1089 BUDAPEST VIII Tel: +36 13330147 Fax: +36 12102171 E-mail: [email protected] Web Site: http://www.nemesfemvizsgalo.hu

Hallmarking Convention -2-

Ireland

Israel

Latvia

Lithuania

Netherlands

Assay Office Dublin Castle IE – DUBLIN 2 Tel: +353 14751286 Fax: +353 14783838 E-mail: [email protected] Web Site: under construction Standards Institution of Israel Precious Metals Section 42, Chaim Levanon St. IL – TEL AVIV 69977 Tel: +972 36467730 Fax: +972 36467795 E-mail: [email protected] Web Site: http://www.sii.org.il State Assay Supervision Inspectorate Republic of Latvia Teatra Str. 9 LV – 1050 RIGA Tel: +371 7210009 Fax: +371 78144427 E-mail: [email protected] Web Site: www.vpui.gov.lv Lithuanian Assay Office (Lietuvos prabavimo rūmai) M.K.Čiurlionio Str 65 LT - 66164 DRUSKININKAI Tel: +370 31355437 Fax: +370 31355437 E-mail: [email protected] Web Site: http://www.lpr.lt Waarborg Platina, Goud en Zilver N.V. (Waarborg Holland) P.O. Box 1075 NL-2800 BB GOUDA Tel: +31 182 589300 Fax: +31 182 526876 E-mail: [email protected] Web Site: http://www.waarborg.nl Edelmetaal Waarborg Nederland B.V. Postbus 17 NL – 8500 AA JOURE Tel: +31 513 468110 Fax: +31 513 468112 E-mail: [email protected] Web Site: www.ewnederland.nl

Hallmarking Convention -3-

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Norway

Poland

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Edelmetallkontrollen Postboks 2608 St. Hanshaugen NO - 0131 OSLO 1 Tel: +47 22865323 Fax: +47 22865137 E-mail: [email protected] Regional Assay Office in Warsaw ul. Elektoralna 2 PL – 00-139 WARSAW Tel: +48 226203394, +48 225819143 Fax: +48 226203394 E-mail: [email protected] Web Site: www.gum.gov.pl/probiernictwo Assay Offices placed under the Regional Assay Office of Warsaw: Assay Office of Białystok ul. Kopernika 89 PL – 15-396 BIAŁYSTOK Tel / Fax: +48 857428144 E-mail: [email protected] Assay Office of Bydgoszcz ul. Zygmunta Augusta 16 PL – 85-082 BYDGOSZCZ Tel: +48 523229896 Fax: +48 525840133 E-mail: [email protected] Assay Office of Gdańsk ul. Polanki 124c PL – 80-308 GDAŃSK Tel: +48 583454952 Fax: +48 585203126 E-mail: [email protected] Assay Office of Łódź ul. Narutowicza 75 PL – 90-132 ŁÓDŹ Tel / Fax: +48 426791095 E-mail: [email protected] Assay Office of Warsaw ul. Elektoralna 2 PL – 00-139 WARSAW Tel / Fax: +48 226542527 E-mail: [email protected]

Hallmarking Convention -4-

Poland (cont’d)

Portugal

Regional Assay Office in Cracow ul. Rakowicka 3 PL – 31-511 CRACOW Tel: +48 124217639 Fax: +48 124226571 E-mail: [email protected] Web Site: www.gum.gov.pl/probiernictwo Assay Offices placed under the Regional Assay Office of Cracow: Assay Office of Chorzów ul. Kilińskiego 5 PL – 41-506 CHORZÓW Tel / Fax: +48 322413158 E-mail: [email protected] Assay Office of Cracow ul. Rakowicka 3 PL – 31-511 CRACOW Tel / Fax: +48 124226571 E-mail: [email protected] Assay Office of Częstochowa Al. NMP 35a PL – 42-200 CZĘSTOCHOWA Tel: +48 343247859 E-mail: [email protected] Assay Office of Poznań ul. Krakowska 19 PL – 61-893 POZNAŃ Tel / Fax: +48 618526557 E-mail: [email protected] Assay Office of Wrocław ul. Młodych Techników 61/63 PL – 53-645 WROCŁAW Tel / Fax: +48 713555351 E-mail: [email protected] Imprensa Nacional - Casa da Moeda, S.A. Departamento de Contrastarias Contrastaria de Lisboa Av. Antonio José de Almeida PT - 1000-042 LISBOA Tel: +351 217810700 Fax: +351 217810726 E-mail: [email protected] Web Site: http://www.incm.pt

Hallmarking Convention -5-

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Portugal (cont’d)

Slovak Republic

Slovenia

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Imprensa Nacional - Casa da Moeda, S.A. Departamento de Contrastarias Contrastaria do Porto Rua Visconde de Bobeda PT – 4000-109 PORTO Tel: +351 225198100 Fax: +351 225198147 E-mail: [email protected] Web Site: http://www.incm.pt Puncovy urad Slovenskej Republiky Medena 10 SK – 814 56 BRATISLAVA Tel.: +421 252967055 Fax:+421 252635272 E-mail: [email protected] [email protected] Web Site: www.puncurad.gov.sk Puncovy urad Slovenskej Republiky Hodzova 3 SK – 911 01 TRENCIN Tel.: +421 327446191 Fax:+421 327446192 E-mail: [email protected] Puncovy urad Slovenskej Republiky Szakkayho 1 SK – 040 01 KOSICE Tel.: +421 556252406 Fax: +421 556252405 E-mail: [email protected] Puncovy urad Slovenskej Republiky Dopravná 14 SK – 934 01 LEVICE Tel./Fax: +421 366314457 E-mail: [email protected] Urad Republike Slovenije za meroslovje Grudnovo nabrežje 17 SI – 1000 LJUBLJANA Tel: +386 12442700 Fax: +386 12442714 E-mail : [email protected] Web site : www.mirs.gov.si Urad Republike Slovenije za meroslovje Tkalska ulica 15 SI – 3000 CELJE Tel: +386 34280750 Fax: +386 34280760 E-mail : [email protected]

Hallmarking Convention -6-

Sweden

Switzerland

United Kingdom

SP Technical Research Institute of Sweden P.O. Box 857 SE - 501 15 BORÅS Tel: +46 105165034 Fax: +46 105165635 E-mail: [email protected] Web Site: http://www.sp.se/kattfoten Oberzolldirektion Zentralamt für Edelmetallkontrolle Monbijoustr. 40 CH-3003 BERNE Tel: +41 313226586 Fax: +41 313248441 E-mail: [email protected] Web Site: http://www.customs.admin.ch Edelmetallkontrolle Post-Passage 5 CH-4002 BASEL Edelmetallkontrolle Schwanengasse 50a CH-2503 BIEL Bureau cantonal du contrôle des ouvrages en métaux précieux 67, av. L.Robert CH-2300 LA CHAUX-DE-FONDS Controllo dei metalli preziosi 22, via Motta CH-6830 CHIASSO Contrôle fédéral des métaux précieux 12, rue des Gares, Case postale 2294, CH-1211 GENÈVE 2 Cornavin Contrôle fédéral des métaux précieux 9, rue du Doubs CH-2340 LE NOIRMONT Edelmetallkontrolle Molkenstrasse 8 CH-8004 ZÜRICH Assay Office London Goldsmiths' Hall Gutter Lane UK - LONDON EC2V 8AQ Tel: +44 2076068975 Fax: +44 2078149353 E-mail: [email protected] Web Site: http://www.thegoldsmiths.co.uk

Hallmarking Convention -7-

Compilations of Acts PMC/W 1/2001 (Rev. 9)

United Kingdom (cont’d)

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Sheffield Assay Office Guardians’ Hall Beulah Road Hillsborough, UK - SHEFFIELD S6 2AN Tel: +44 1142312121 Fax: +44 1142339079 E-mail: [email protected] Web Site: http://www.assayoffice.co.uk Birmingham Assay Office PO BOX 151 Newhall Street UK – BIRMINGHAM B3 1SB Tel: +44 1212366951 Fax: +44 1212369032 E-mail: [email protected] Web Site: http://www.theassayoffice.co.uk Edinburgh Assay Office Goldsmith’ Hall 24 Broughton Street UK - EDINBURGH EH1 3RH Tel: +44 1315561144 Fax: +44 1315561177 E-mail: [email protected] Web Site: http://www.assayofficescotland.co.uk

Hallmarking Convention -8-

1.3 ASSAY OFFICE MARKS

AUSTRIA

Gold

Silver CYPRUS

CZECH REPUBLIC

DENMARK

FINLAND

HUNGARY

IRELAND

Hallmarking Convention -9-

Compilations of Acts PMC/W 1/2001 (Rev. 9)

G O L D S I L V E R

ISRAEL

Gold

Silver

Platinum

Palladium

LATVIA

LITHUANIA Letter in the left upper corner: D

Druskininkai, central office

L

Klaipéda branch

K

Kaunas branch

S

Šiauliai branch

V

Vilnius branch

Edelmetaal Waarborg Netherland B.V.

Waarborg Platina, Goud en Zilver N.V. (Waarborg Holland)

NETHERLANDS

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Hallmarking Convention - 10 -

NORWAY

POLAND X = letter which identifies the local Assay Office: Assay Offices placed under the Regional Assay Office, Cracow

Assay Offices placed under the Regional Assay Office, Warsaw

H

Local Assay Office in Chorzów

A

Local Assay Office in Białymstok

Z

Local Assay Office in Częstochowa

B

Local Assay Office in Bydgoszcz

K

Local Assay Office in Cracow

G

Local Assay Office in Gdańsk

P

Local Assay Office in Poznań

Ł

Local Assay Office in Łódź

V

Local Assay Office in Wrocław

W

Local Assay Office in Warsaw

+ 950 900 850

+ 916 800

+ 585 375

+ 999

+ 950 900 850

+ 830 800

Lisbon

+ 916 800

+ 585 375

+ 999

+ 830 800

Oporto PORTUGAL

SK

X

SLOVAK REPUBLIC Letter X will be replaced by the Assay Office’s branch identification letter: B

Bratislava

L

Levice

K

Kosice

T

Trencin

Hallmarking Convention - 11 -

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Gold

Silver

Platinum

Palladium

SLOVENIA The symbol SI-1 identifies the Assay Office in Ljubljana The symbol SI-2 identifies the branch office in Celje

2

2

Swedish National Testing and Research Institute (SP)

SWEDEN

SWITZERLAND The cross (X) in the St. Bernhard's dog stands for any of the following symbols identifying a Swiss Assay Office branch: B

Biel + Central Office Berne

C

La Chaux-de-Fonds

Basle

J

Le Noirmont

T

Chiasso

Z

Zurich

G

Geneva

London

Birmingham

Sheffield

Edinburgh

UNITED KINGDOM

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Hallmarking Convention - 12 -

Section 2: Accession to the Convention 2.1 Guidelines for accession to the Convention

Introduction 1.

The Convention on the Control and Marking of Articles of Precious Metals (the Hallmarking Convention) is an agreement between Contracting States. It is not an agreement between Assay Offices.

2.

A State, which intends to become a party to the Convention, is presumed to have taken all necessary arrangements to effectively apply the requirements of the Convention as from its accession.

3.

Formal requests for accession must be made by the intending Contracting States to the Depositary. This is usually done via the Secretariat. However, an Assay Office, which is interested in obtaining the accession procedure details, can also obtain them directly from the Secretariat.

4.

Any State or interested party of this State, fulfilling the requirements of Article 12 of the Convention, is entitled to attend as “guest” 4 meetings of the Standing Committee without any obligation. After four meetings the State has to decide whether to become an Observer or whether to stop attending Standing Committee meetings. To become an Observer the concerned State has to express its interest to accede to the Convention, to fill in the questionnaire mentioned in paragraph 5 below and to pay the annual observer fee.

Accession procedure 5.

The Secretariat shall provide the interested country with the standard application form and questionnaire (see Section 2.2) which is also available on the Convention’s web site and all appropriate information (i.e. copy of the Convention and Accession Procedure). It shall inform the Standing Committee at the next meeting of the country’s interest.

6.

The interested State shall return the fill-in questionnaire and all supporting documents to the Secretariat together with a letter of intent (see model letter at Section 2.3). Any State having fulfilled this condition shall have the status of an “Applicant State” and become an Observer to the Standing Committee.

7.

Applicant States should normally be represented by a representative of the Assay Office and a Government representative. Applicant States have to contribute one half of the fee paid by a full member.

Hallmarking Convention - 13 -

Compilations of Acts PMC/W 1/2001 (Rev. 9)

8.

The completed application form and questionnaire as well as any supporting document shall be made available to the Standing Committee at its next meeting.

9.

Provided that the Applicant State has not participated in previous meetings of the Standing Committee, it shall be invited to send representatives (technical experts and officials) to meet with the Standing Committee for an informal exchange of views and information on national hallmarking systems and methods as compared to the requirements of the Convention.

10.

The Applicant State may request assistance in preparation for its accession. Applicant States are encouraged to take part in Round Robin (RR, see paragraph 14 below).

11.

The Standing Committee shall appoint an inspecting group which will visit the Applicant State’s facilities to (i) clarify its capability of conforming with the Convention’s requirements and (ii) to confirm the validity of the accession arrangements. Such a visit may focus inter alia on: •

Legislation and regulation against falsification of marks for precious metals items;

•

Organisation, responsibilities and status;

•

Methods of sampling, assaying and marking batches of articles of precious metals;

•

Analytical methods;

•

Keeping of analytical records for hallmarked goods;

•

Security system for the marking and storing of punches;

•

Staff training programme;

•

Possible interlaboratory tests or other assessments of the Assay Office(s);

•

Date of implementation of accession arrangements.

12.

The visit shall normally not take longer than two days. The programme for the visit shall be prepared by the Applicant State in co-operation with the Secretariat and the Inspecting Group.

13.

The full cost or a participation of such visits by at most three members of a Standing Committee delegation can be requested from the Applicant State, as the case may be.

14.

In the event that (i) the Applicant State has not participated in previous RR or that (ii) the Inspecting Team finds the results of previous RR participation inconclusive, the latter may take samples during the visit which shall be analysed by the Applicant State and the Assay Offices of two Members of the Inspecting Group in line with the relevant SOP (see Section 2.5).

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Hallmarking Convention - 14 -

15.

Accreditation of an Assay Office to EN or ISO standards will be accepted as an ability to prove conformance. The certificate(s) shall be provided during the visit.

16.

The Inspection Group shall submit a report on the visit to the Standing Committee.

17.

The Standing Committee shall examine whether the arrangements of the Applicant State comply with the conditions of the Convention and its Annexes and make a recommendation in that respect for consideration by the Contracting States.

18.

The recommendation shall be sent by the Depositary to the Contracting States asking them at the same time whether they agree that the Applicant State be invited to accede to the Convention.

19.

Upon receipt of the agreement given by all Contracting States, the Depositary shall forward the invitation to the Applicant State.

Hallmarking Convention - 15 -

Compilations of Acts PMC/W 1/2001 (Rev. 9)

2.2 Application form & Questionnaire

Please provide a complete dossier which supply the information requested with reference to the appropriate questions! All questions must be completed by countries wishing to accede to the Convention. For a clear understanding of the questions and the terms used, please refer to the Glossary (section 2.4). Return Application form & Questionnaire to: Secretariat of the Hallmarking Convention c/o PIC/S Rue du Roveray 14 CH-1207 Geneva E-mail: [email protected] 1.

Applicant State (official name of the country)

1.1

Authority which applies on behalf of the State (name)

1.2

Address

1.3

Contact person (name and title)

1.4 1.5 1.6 1.7

Phone Fax E-mail Date & Signature

2.

General

2.1

Supply a complete English translation of your national hallmarking legislation including reference and date of entry into force

2.2

Which ministry is responsible for hallmarking?

2.3

Do you carry out market surveillance? How and by whom?

2.4

How many articles of precious metals did you hallmark in the last calendar year? How many did you reject?

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Hallmarking Convention - 16 -

3.

Organisation

3.1

Assay Office(s)

3.1.1

Is the control and marking of precious metals carried out by Assay Offices?

3.1.2

Is there a hierarchy among the offices (e.g. main office, regional offices, suboffice)? Please provide an organisation chart.

3.1.3

Attach a list of offices with addresses

3.2

Laboratory

3.2.1

Is your laboratory accredited? Please state the standards (e.g. ISO 17025).

3.2.2

If so, please indicate for which methods of analysis (scope).

3.2.3

Does your laboratory participate in interlaboratory testing?

3.2.4

If so, what kind of interlaboratory testing (internal, on national or on international level?) Please provide results obtained during Round Robins during the last two calendar years (compared to the average result) as well as your z-scores.

3.2.5

Apart of laboratory accreditation, are your Assay Offices accredited for further tasks (e.g. inspection)?

4.

Legislation

4.1

Do you comply with all parts of Annexes I and II to the Convention? If not, list the paragraphs you do not comply with.

4.2

To what kind of articles does your legislation not apply?

4.3

Which standards of fineness are recognised in your legislation?

4.3.1

For platinum?

4.3.2

For gold?

4.3.3

For palladium?

4.3.4

For silver?

4.4

What coatings are permitted for articles of precious metals? (precious metals? including rhodium? other coatings like enamel?)

Hallmarking Convention - 17 -

Compilations of Acts PMC/W 1/2001 (Rev. 9)

5.

Hallmarks

5.1

Are your hallmarks protected by law (e.g. criminal law) against forgery and misuse? What are the sanctions? If so, please provide an English translation of the relevant articles.

5.2

Do you have more than one hallmark? Please attach a copy of all the marks used by the Assay Offices in your country.

5.3

What security measures do you have for keeping your hallmarks safe:

5.3.1

- for punches ?

5.3.2

- for laser software?

5.4

Do you already recognise the CCM? If not, will you change your legislation to recognise (and protect) the CCM when joining the Convention?

5.5

Do you recognise foreign hallmarks (based on a bilateral or multilateral convention) and if so, which ones?

6.

Accession Arrangements

6.1

How will you ratify the Convention? By government decree? By parliamentary ratification (i.e. by law)?

6.2

What steps have you already undertaken to ensure the ratification? (e.g. support of other Ministries)

7.

Facilities for the Inspection Group

7.1

The full cost (or participation) to the 2-day visit by the Inspecting Group can be requested from the Applicant State. What facilities can you extend to the Members of the Inspecting Group?

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Hallmarking Convention - 18 -

2.3 EXAMPLE OF A LETTER OF INTENT FOR A COUNTRY INTERESTED TO JOIN THE CONVENTION Secretariat of the Hallmarking Convention c/o PIC/S Rue du Roveray 14 CH-1207 Geneva

[Responsible Ministry]

[place, date]

Convention on the Control and Marking of Articles of Precious Metals _______________________________________________________ Dear Sirs, I have the honour of informing you that [name of Ministry] -

herewith expresses the willingness of [name of State] to accede the Convention on the Control and Marking of Articles of Precious Metals and apply its provisions as from the date of its entry into force;

-

confirms that all the arrangements have been or will be taken in order to fulfil all the obligations deriving from the accession to the Convention, and

-

will undertake to contribute to the effective operation of the Convention by means of constructive co-operation with the other Members of the Standing Committee.

The duly filled-in application form and questionnaire is attached [or: will be sent in due time]. The name and address of the Authorised Assay Office(s) according to Article 5 of the Convention is the following: [Assay Office Address Telephone: Fax: E-Mail:] [Signature]

Hallmarking Convention - 19 -

Compilations of Acts PMC/W 1/2001 (Rev. 9)

2.4 GLOSSARY / DEFINITION OF TERMS ANALYSIS

Determination of the constituent elements of an alloy (The testing of a substance or mixture to determine the amounts and proportions of its chemical constituents)

ASSAY ASSAYER BASE METAL BRANCH OFFICE CHIEF ASSAYER COATED

Analysis of a precious metal alloy by a destructive or non destructive method Person qualified by education, training and experience to carry out an assay. A non-precious metal (used in precious metal alloys) A wholly owned, managed and staffed office independently sited away from the Central Office. University graduate qualified by education, training and experience to manage and supervise assaying activities, undertake research, and interpret results. Covering layer over an inner core. (A metal coating bonded onto another metal)

CONTROL

Order and regulate the system. (A system for ensuring the maintenance of proper standards in manufactured goods, especially by periodic random inspection of the product)

DEPARTMENT

Specialised division (operational or functional) within an organisation. Article built up in layers on a moulded form by electrolytic deposition of the metal. A hollow article filled with a different substance (e.g. wax) to make it stronger and heavier. The number of parts per thousand by weight of precious metal in an alloy. An official and legal mark on precious metals, applied by an independent assay office, which shows at least the fineness of the alloy, the office which carried out the assay, and the company/person who sent it to the assay office. Detailed and relevant check. Internationally recognised and documented system. (set up and established by authority as a rule for the measure of quantity, weight, extent, value, or quality) A mark(s) applied by a laser rather than by a punch, engraving or casting A collection of units of product from which a sample shall be drawn and inspected to determine conformance with the acceptable criteria, and which may differ from a collection of units designated as a lot for other purposes (for example production, shipment, etc.) (ISO 2859-1)

ELECTROFORMED FILLED FINENESS HALLMARK

INSPECTION ISO STANDARD

LASER MARK LOT

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Hallmarking Convention - 20 -

MANUFACTURERS MARK MARKER MARKET SURVEILLANCE MIXED PRECIOUS METAL NEGATIVE TOLERANCE OFFICE MARK OFF-SITE MARKING

PRECIOUS METAL PUNCH SAMPLER SAMPLING SCREENING

Person or organisation that makes or assembles a product for sale. Individual component part of a hallmark. Person qualified by training and experience to apply hallmarks. Policing the whole market to ensure members of the public are not cheated. An article made of a combination of two or three of the precious metals, gold, silver and platinum. A legally defined amount or percentage by which the fineness of a precious metal can be below the stated title and still be hallmarked. Part of the hallmark that is unique to the assay office that undertook the testing. A satellite office situated on a supplier’s site away from the Central Assay Office where assaying and hallmarking activities have been authorised. The off-site facility is staffed and operated by assay office staff, not employees of the supplier. Gold, silver and platinum (Any of several metals, including gold and platinum, that have high economic value) A stamping tool/die used for hallmarking a precious metal article. Person qualified by training and experience to take samples for assaying. The physical process of removing small amounts of metal from an article for assaying. Screening is an element in the inspection process of a lot. It may consist of one or more of the following operations: e.g. visual inspection, preliminary test, magnetic test, touchstone testing, XRF-examination for homogeneity of lot, testing of scrapings combined from several articles, identification of coating, identification of alloy type. The purpose of screening is: 1 to detect coarse errors and falsifications 2 to establish if the necessary homogeneity of the lot is present or not Screening does not replace testing for fineness.

SPONSOR MARK

Sorting into sub-lots shall not be understood as a part of screening. Part of the hallmark unique to the person or organisation submitting articles to the assay office.

Hallmarking Convention - 21 -

Compilations of Acts PMC/W 1/2001 (Rev. 9)

TOUCH ACID TOUCHSTONE TRADE

Compilations of Acts PMC/W 1/2001 (Rev. 9)

An acid used to give a good early indication of fineness as part of the screening process. A special stone which when used with precious metals and acids gives a good early indication of fineness as part of the screening process. People and organisations that derive their income from the precious metal industry as a whole.

Hallmarking Convention - 22 -

2.5 SOP FOR ANALYTICAL SAMPLES DURING A CONVENTION AUDIT (as foreseen in paragraph 14 of the Accession Guidelines) 1. The samples shall be taken from items that are potentially homogeneous (e.g. rings, wire). Goods, which are presumably inhomogeneous (e.g. low carat castings or hollow chains) or might be contaminated by solder, shall be omitted. 2. The item chosen as analytical samples shall be cut into three identical pieces, whereof one remains at the audited laboratory. Each of the two other pieces shall be analysed by an independent laboratory of the Convention Member States. 3. Each laboratory shall analyse the item at least two times by a standard test method mentioned in appendix I to the annex II [PMC/W 2/2000]. 4. The results of the analyses shall be reported to the secretary of the Convention within 10 working days after the audit. Beside the results, the engaged test method as well as any observations shall be communicated. 5. Criteria of acceptance: the acceptability of test results shall be based on ISO 5725, Part VI. In order to consider results as “admissible” they shall lay within a range of split limits as follows: a. Within the laboratory: i. Coloured gold: if the range between two following results varies by more than > 0.5 ‰. ii. White gold: if the range between two following results varies by more than > 1.0 ‰. iii. Silver: if the range between two following results varies by more than > 1.0 ‰. and b. Between the laboratories: i. Coloured gold: if the range between the mean results varies by more than > 1.0 ‰. ii. White gold: if the range between the mean results varies by more than > 2.0 ‰. iii. Silver: if the range between the mean results varies by more than > 2.0 ‰.

Hallmarking Convention - 23 -

Compilations of Acts PMC/W 1/2001 (Rev. 9)

•

If the results are within the split limits, no further action is required and the results may appear in the audit report.

•

However, if the results lie outside the split limits, the analyses shall be repeated on homogeneous material (e.g. material of proven homogeneity from previous round robins).

•

The results of the repeated analyses shall fulfil the criteria of acceptance . If so, these new results, together with the previous results shall appear in the report. In the event that the results of one of the laboratories are repeatedly not within the split limits, the laboratory must conduct a cause analysis. It has then to inform the other laboratories on the outcome of the cause analysis. The Chairman will then, based on the outcome of the clarification, decide on whether the analysis shall be repeated once again or not.

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Hallmarking Convention - 24 -

2.6. GUIDELINES FOR THE ASSESSMENT REQUIREMENTS OF A TESTING LABORATORY 1.1

Management Organisation The laboratory shall be competent to perform the tests concerned.

1.2

Personnel The test laboratory shall have sufficient personnel with the necessary education, training and technical knowledge. Records of the training should be maintained.

1.3

Premises and equipment

1.3.1 The test laboratory shall have all the correct equipment to perform the tests. 1.3.2 The environment in which the tests are performed shall not invalidate the test results. Good housekeeping shall apply throughout the testing laboratory. 1.3.3 Equipment All equipment shall be correctly maintained and calibrated. 1.3.4 Calibration of measuring equipment Calibration procedure shall be carried out at intervals established by stability and usage. Calibration records shall be retained for 3 years. 1.4

Working procedures Test methods. The testing laboratory shall have documented instructions on the use and operation of equipment. The testing laboratory shall use documented methods and procedures. There should be a documented system for calculating, checking and reporting results.

1.5

Records The testing laboratory shall maintain records of tests and calibration for a period of 3 years.

1.6

Handling of samples The laboratory shall have a system to ensure no confusion regarding the identity of samples.

1.7

Confidentiality and security Personnel of the testing laboratory to observe professional secrecy.

1.8

Co-operation with other laboratories to take part in exchange of samples. The objectives being to have uniform test procedures and to improve the quality of testing.

Hallmarking Convention - 25 -

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Section 3: Standing Committee Rules of Procedure of the Standing Committee1

General 1.

These Rules of Procedure shall apply to the meetings of the Standing Committee provided for in Article 10 of the Convention, hereinafter referred to as "the Committee".

2.

The Committee shall be composed of representatives of the Contracting States. The representatives shall be chosen from officials of the national administrations and of Assay Offices authorised in the sense of Article 5 of the Convention.

3.

A Secretariat shall be appointed to deal with the services and meeting facilities for the Committee and sub-committees.

4.

The Contracting States shall notify the Secretariat of the competent authorities to whom all communications shall be sent and also of the names of their representatives.

Chairmanship 5.

The Chairmanship shall consist of a Chairman and a Deputy Chairman. To the extent possible, one of the two should be from an Assay Office and the other from a Ministry.

6.

The Chairman shall be elected by the Committee and shall exercise his/her functions until the end of the meeting next after the expiration of two years from his/her appointment.

7.

The Committee shall also elect a Deputy Chairman to serve for a similar period. The Deputy Chairman shall assume the functions of the Chairman in his/her absence.

8.

Prior to an election, the Chairman, assisted by the Secretariat, will informally consult Members of the Standing Committee (at least one per Contracting State) and enquire on whom they would like to see as the next Chairman (or Deputy Chairman).

9.

Once a consensus has been found, the Standing Committee will elect the new Chairman (or Deputy Chairman) by acclamation.

10.

The above-procedure is also applicable in the event of a re-election.

1

Adopted in 1975 at the first meeting of the Standing Committee; revised in 1996, 1998, 2007 & 2008.

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Hallmarking Convention - 26 -

Meetings 11.

Subject to paragraph 12 the Committee shall, in consultation with the Secretariat, decide the dates of its meetings.

12.

The Chairman shall convene a meeting: (a)

if during the course of any period of twelve months a meeting would not otherwise have been held;

(b)

upon the request in writing of any Contracting State to the Secretariat stating the subject matter to be considered;

(c)

where he/she deems it advisable for the effective functioning of the Convention;

(d)

to be held within one month of receipt by the Chairman of a notification referred to in paragraph 1 of Article 9 of the Convention;

(e)

to be held within one month of receipt by the Contracting States of a notification referred to in paragraph 4 of Article 9 of the Convention.

13.

The meetings shall be held in Geneva unless otherwise agreed by the Committee.

14.

The Secretariat shall notify the competent authorities of the Contracting States of all meetings convened in accordance with these rules.

Agenda 15.

The Secretariat shall in conjunction with the Chairmanship establish a provisional Agenda for each meeting and shall communicate it to the competent authorities of the Contracting States at least fourteen days before the meeting.

16.

A final Agenda shall be adopted by the Committee at the beginning of each meeting.

Voting procedures 17.

Committee decisions are made by unanimous vote. Each Contracting State has one vote. Abstentions from voting will not prevent decisions from being unanimous. In case of a recommendation made under the provisions of Article 9 of the Convention, the Parties to the dispute may agree to abstain from voting.

18.

In accordance with Article 10 of the Convention, Committee decisions consists of (i) recommendations or proposals to the Contracting States regarding the amendment of the Convention or its Annexes and (ii) decisions on technical and other matters.

19.

Voting shall normally take place during Committee meetings. However, the Committee may also decide to adopt decisions by default written procedure, which shall be carried out by the Secretariat. Such a procedure shall be done entirely in

Hallmarking Convention - 27 -

Compilations of Acts PMC/W 1/2001 (Rev. 9)

writing and require a Contracting State opposing a decision to object to the Secretariat’s notification within a given timeframe. Unless specified, such a timeframe shall be determined by the Committee. Amendment to the Convention and Annexes 20.

In line with Article 10.4 of the Convention, the Secretariat shall transmit all recommendations of the Committee relating to either the implementation of the Convention or proposals for the amendment of the Convention to the Depositary which shall notify the Contracting States.

Amendment to the Schedules to Annexes I and II 21.

In line with Article 10.2(3) of the Convention, the Committee may adopt decisions on technical matter as provided for in the Annexes. Such a decision can be presented either orally at a meeting of the Standing Committee and confirmed in writing subsequently, or sent in writing to the Secretariat by a Contracting State. The Secretariat distributes the paper to all Contracting States and the Contracting States vote or give their opinion as soon as possible but at least within six weeks. The Secretariat and the initiating Contracting State prepare the conclusion of the result and, if necessary, send out a new proposal for voting. If needed, the initiating Contracting State may constitute a small working group to prepare the matter for decision. If a positive decision is taken the Secretariat circulate the new recommendation which enters into force at the date of that paper and the assay office may start immediately to mark the article concerned with the CCM. The decision is confirmed at the next Standing Committee meeting with a note in the Summary Records. Where necessary, a Contracting State may request to see the article of precious metal concerned before confirming the decision.

22.

The vote may be carried out by post, fax or e-mail.

23.

The Secretariat shall incorporate decisions in the Compilation of Acts or in the Schedules of Annexes I and II in accordance with paragraph 23 below.

Compilation of acts of the Committee and Schedules of Annexes I and II 24.

All decisions on technical matters adopted under Article 10.2(3) and all other acts adopted by the Committee relating to the securing of uniform interpretation and application of the provisions of the Convention (Article 10.2(5)) may be incorporated in Schedules or a Compilation of Acts, respectively.

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Hallmarking Convention - 28 -

Sub-committees 25.

The Committee may set up any sub-committee as may be required. Each subcommittee shall report to the Committee which shall remain responsible for all actions required under the Convention.

Records of meetings 26.

The Secretariat shall prepare a summary record of the proceedings of each meeting. This record shall be circulated to the competent authorities and the representatives of all Contracting States.

Hallmarking Convention - 29 -

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Section 4: Secretariat Services Background 1.

In accordance with paragraph 3 of the Rules of Procedures of the Standing Committee, a Secretariat was appointed to deal with the services and meeting facilities for the Committee and sub-committees.

2.

For historical and practical reasons, the Secretariat services have been entrusted to the EFTA Secretariat as from the entry into force of the Convention. The decision was made at the first meeting of the Standing Committee held in Geneva from 21 to 23 October 1975 (PMC/SR 1/75, paragraph 8).

3.

In 1995, following the withdrawal of Austria, Finland and Sweden from EFTA and the closure of the “old” EFTA Secretariat, the Chairmen of the Committees set up under the Hallmarking Convention, the Pharmaceutical Inspection Convention and the Pharmaceutical Evaluation Scheme undertook to secure the continuity of the secretariat services so far provided by the EFTA Secretariat.

4.

In March 1995, the then Secretary-General of EFTA agreed that the Secretariat services be further provided by the “new” EFTA Secretariat under the condition, however, that all the countries parties to the Conventions and Scheme participate in the cost incurred. The total cost of the secretariat services to the Hallmarking Convention for a whole year, including salaries, insurances, meeting rooms, office space, facilities and supplies, as well as reproduction, telephone, mailing and travel costs would amount to SFR 60,000.-- a year. It would have to be shared by all Contracting States to the Convention.

5.

The appointment of the EFTA Secretariat was confirmed at the thirty-ninth meeting of the Committee, which was held in La Chaux-de-Fonds from 17 to 19 May 1995 (PMC/SR 1/95, paragraph 19) but revoked at the fifty-third meeting of the Committee, which took place in Vienna on 15 October 2002 (PMC/SR 2/2002, paragraph 56).

6.

On the basis of a Memorandum of Understanding (see Annex 1), signed on 3 October 2003, the Secretariat services have been entrusted to the Pharmaceutical Inspection Co-operation Scheme (PIC/S).

Secretariat services 7.

The secretariat services consist of: -

a Secretary at professional level who is responsible for: -

the servicing of the Standing Committee set up under the Convention, as well as the working groups, and other workshops organised under the auspices of the Committee,

-

the liaison between the Authorities and their representatives,

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Hallmarking Convention - 30 -

-

the relation with third countries interested in the Convention, with other related international organisations and with the industry,

-

the preparation of guides, reports and other working papers,

-

the reproduction and distribution of documents, the editing and issuing of Compilation of Acts of the Committee,

-

the dissemination of information on the Convention (Guides, technical papers, etc.),

-

the relations with the Depositary State, and any necessary advice and assistance for ensuring the good operation of the Convention,

-

an Assistant Secretary to assist and replace the professional Secretary, and

-

the necessary offices, technical facilities and meeting rooms.

Contributions 8.

Each Contracting State has to contribute to the cost of the function of the Convention (Secretariat, actions taken by the Convention, gifts, etc.) in equal parts.

9.

The contribution of each Contracting State amounts to CHF 8,300 a year and the contribution of each Observer amounts to CHF 4,150 a year. See Section 6 (Financial Regulations).

10.

If necessary the Standing Committee can adapt this amount to new circumstances.

Hallmarking Convention - 31 -

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Section 5: Common Control Marks Instructions for the manufacturing and secure custody of the tools for producing the common control mark General 1.

Provisions for the control and application of the Common control Mark (CCM) on articles of silver, gold and platinum are given in the Convention of 1972 on the Control and Marking of Articles of Precious Metals.

2.

The tools for CCM marking shall be punches or software for laser marking or mask for laser marking.

3.

The approved sizes (height) of the CCM-mark are listed in Appendix 2 to Annex II to the Convention. There is no maximum size of the CCM-mark.

4.

The sizes of the various CCM marks correspond to the height between the lowest to the highest points of the shield. The relationship between height and width must be kept.

Authorisation and Distribution 5.

Detailed technical drawings for the manufacture of tools for CCM marks are kept at the Secretariat.

6.

For manufacture purposes the authorised Assay Office can request the detailed technical drawings from the Secretariat.

7.

The authorised Assay Office can order punches/software for laser marking based on the above drawing provided that the punchmaker/the producer of the software for laser marking, has signed a contract saying that it can only supply CCM punches/software for CCM laser marking to Assay Offices authorised for the purpose of the Convention on the Control and Marking of Articles of Precious Metals.

Safe Custody 8.

Each authorised Assay Office shall take appropriate measures to ensure the safe custody and care of above drawings, punches and masks or software for laser marking in its possession. If a drawing, punch or software for laser marking is stolen or lost, the matter shall be reported without delay to the Standing Committee, together with a report of the circumstances and the steps taken to retrieve it.

Destruction of Tools 9.

Every tool which has become obsolete shall be destroyed without delay.

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Hallmarking Convention - 32 -

Section 6: Financial Regulations Payment of the Annual Membership Fee 1. The Secretary to the Standing Committee shall be responsible for (i) collecting; (ii) accounting the contributions due from Members; and (iii) issuing receipt according to the following: (a)

The Secretariat must send out calls for membership payment covering the following year, by official invoice, no later than 31 October of each calendar year;

(b) The invoice shall indicate the membership fee to be paid and give the following options to Members: * Payment by 30 April of the next calendar year = 100% of the fee * Payment after 30 April of the next calendar year (but before 31 October) = 120% of the fee. (c)

Any credit or arrears (e.g. unpaid invoice) should be deducted from or added to the membership fee;

(d) By June of each calendar year, the Secretariat will send a reminder to those Authorities, which have not paid their fees yet; (e)

Authorities, which have failed to pay their fees by 31 October of the current financial year, will be invited by the Chairman to explain the reasons for the delay;

(f)

The Chairperson shall make recommendations to the Standing Committee regarding late payers;

(g) The Standing Committee shall take the appropriate measures to deal with the late or non-payment of annual fees. *******

Hallmarking Convention - 33 -

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Annex

Memorandum of Understanding between the Pharmaceutical Inspection Co-operation Scheme (PIC/S) and the Convention on the Control and Marking of Articles of Precious Metals (Hallmarking Convention) on the Administration, Operations and Financing of the Hallmarking Secretariat 1.

The following is a Memorandum of Understanding (MoU) between the Pharmaceutical Inspection Co-operation Scheme (PIC/S) and the Convention on the Control and Marking of Articles of Precious Metals (Hallmarking Convention) concerning the establishment and functioning of the Hallmarking Secretariat.

2.

PIC/S herewith agrees to provide secretariat services to the Hallmarking Convention. The services shall be rendered by the PIC/S Secretariat Staff, who shall constitute the Hallmarking Secretariat.

3.

In exchange for the services rendered by PIC/S, Members and Observers of the Hallmarking Convention shall pay an annual membership fee, which shall finance the operations of the Hallmarking Secretariat.

4.

The Hallmarking Secretariat is technically attached to the PIC/S Secretariat. It assists the Standing Committee of the Hallmarking Convention (and other entities, set up by the Committee) in carrying out related activities under the direct supervision of the Chairman of the Standing Committee.

5.

When carrying out activities for the Hallmarking Convention, the Hallmarking Secretariat will be autonomous and follow its own procedures.

6.

The Chairman of the Standing Committee and the PIC/S Chairperson shall oversee that the activities of the Hallmarking Secretariat are carried out in accordance with the provisions of this MoU.

7.

The Hallmarking Convention shall be consulted on matters related to the administration, operations, staffing and financing of the Hallmarking Secretariat.

Compilations of Acts PMC/W 1/2001 (Rev. 9)

Hallmarking Convention - 34 -

8.

This MoU will be valid for the period from the date of signature by the parties concerned to the end of the budgetary year. It will be tacitly renewed, year after year. It can be terminated by one of the two parties subject to a 12-month written notice. Amendments to this Memorandum of Understanding may be proposed by PIC/S and the Hallmarking Convention for consideration by both parties.

Signed:

David Evans Chairman Standing Committee Hallmarking Convention

Lilian Hamilton Chair PIC/S Committee

Date: 3 October 2003

10 September 2003

Hallmarking Convention - 35 -

Compilations of Acts PMC/W 1/2001 (Rev. 9)