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for the year immediately prior to the year of the earliest
commercial production and the year immediately prior to
the commencement of the interim period; and
(ii) sixty per cent of the difference between the trend line
values for nickel consumption, as calculated pursuant to
subparagraph (b), for the year for which the production
authorization is being applied for and the year
immediately prior to the year of the earliest commercial
production.
(b) For the purposes of subparagraph (a):
(i) trend line values used for computing the nickel production
ceiling shall be those annual nickel consumption values
on a trend line computed during the year in which a
production authorization is issued. The trend line shall be
derived from a linear regression of the logarithms of
actual nickel consumption for the most recent 15-year
period for which such data are available, time being the
independent variable. This trend line shall be referred to
as the original trend line;
(ii) if the annual rate of increase of the original trend line is
less than 3 per cent, then the trend line used to determine
the quantities referred to in subparagraph (a) shall instead
be one passing through the original trend line at the value
for the first year of the relevant 15-year period, and
increasing at 3 per cent annually; provided however that
the production ceiling established for any year of the
interim period may not in any case exceed the difference
between the original trend line value for that year and the
original trend line value for the year immediately prior to
the commencement of the interim period.
5. The Authority shall reserve to the Enterprise for its initial production
a quantity of 38,000 metric tonnes of nickel from the available production
ceiling calculated pursuant to paragraph 4.
6. (a) An operator may in any year produce less than or up to
8 per cent more than the level of annual production of minerals
from polymetallic nodules specified in his production
authorization, provided that the over-all amount of production
shall not exceed that specified in the authorization. Any excess
over 8 per cent and up to 20 per cent in any year, or any excess
in the first and subsequent years following two consecutive
years in which excesses occur, shall be negotiated with the
Authority, which may require the operator to obtain a
supplementary production authorization to cover additional
production.
(b) Applications for such supplementary production authorizations
shall be considered by the Authority only after all pending
applications by operators who have not yet received production
authorizations have been acted upon and due account has been
taken of other likely applicants. The Authority shall be guided
by the principle of not exceeding the total production allowed
under the production ceiling in any year of the interim period.
It shall not authorize the production under any plan of work of
a quantity in excess of 46,500 metric tonnes of nickel per year.
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