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4. Within a year of the date of commencement of commercial
production, in conformity with paragraph 3, a contractor shall choose to make
his financial contribution to the Authority by either:
(a) paying a production charge only; or
(b) paying a combination of a production charge and a share of net
proceeds.
5. (a) If a contractor chooses to make his financial contribution to the
Authority by paying a production charge only, it shall be fixed
at a percentage of the market value of the processed metals
produced from the polymetallic nodules recovered from the area
covered by the contract. This percentage shall be fixed as
follows:
(i) years 1-10 of commercial production
5 per cent
(ii) years 11 to the end of commercial production 12 per cent
(b) The said market value shall be the product of the quantity of the
processed metals produced from the polymetallic nodules
extracted from the area covered by the contract and the average
price for those metals during the relevant accounting year, as
defined in paragraphs 7 and 8.
6. If a contractor chooses to make his financial contribution to the
Authority by paying a combination of a production charge and a share of net
proceeds, such payments shall be determined as follows:
(a) The production charge shall be fixed at a percentage of the
market value, determined in accordance with subpara-graph (b),
of the processed metals produced from the polymetallic nodules
recovered from the area covered by the contract. This
percentage shall be fixed as follows:
(i) first period of commercial production
2 per cent
(ii) second period of commercial production
4 per cent
If, in the second period of commercial production, as defined in
subparagraph (d), the return on investment in any accounting
year as defined in subparagraph (m) falls below 15 per cent as
a result of the payment of the production charge at 4 per cent,
the production charge shall be 2 per cent instead of 4 per cent
in that accounting year.
(b) The said market value shall be the product of the quantity of the
processed metals produced from the polymetallic nodules
recovered from the area covered by the contract and the average
price for those metals during the relevant accounting year as
defined in paragraphs 7 and 8.
(c) (i) The Authority's share of net proceeds shall be taken out
of that portion of the contractor's net proceeds which is
attributable to the mining of the resources of the area
covered by the contract, referred to hereinafter as
attributable net proceeds.
(ii) The Authority's share of attributable net proceeds shall be
determined in accordance with the following incremental
schedule:
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