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THE NICKEL INSTITUTE IN 2010 KNOWLEDGE FOR A BRIGHTER FUTURE

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Page 1: Research - The Nickel Institute in 2010

The Nickel iNsTiTuTe iN 2010 Knowledge for a brighter future

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Nickel-containing materials have an important role in the renewable energy technologies which will help meet our future energy needs.

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TABLE OF CONTENTSChairman’s Message . . . . . . . . . . . . . . . . .03President’s Message . . . . . . . . . . . . . . . . .04Strategy Map . . . . . . . . . . . . . . . . . . . . . .05Science NiPERA Activities . . . . . . . . . . . . .06Advocacy Activities . . . . . . . . . . . . . . . . .09Promotion . . . . . . . . . . . . . . . . . . . . . . . .10Finance . . . . . . . . . . . . . . . . . . . . . . . . . .13Biographies . . . . . . . . . . . . . . . . . . . . . . .15Members . . . . . . . . . . . . . . . . . . . . . . . . .16Contact Information . . . . . . . . . . . . . . . . .17

DEFEND nickel markets,PROMOTE appropriate nickel applicationsby being the Voice of the Industry,and providing Strategic Adviceand Excellent Service to its Members

The Nickel iNsTiTuTe iN 2010 Knowledge for a brighter future

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2 The Nickel iNsTiTuTe iN 2010 Knowledge for a brighter future

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The Nickel iNsTiTuTe iN 2010 Knowledge for a brighter future 3

In 2010 the demand for nickel continued to grow globally . And yet, 2010 was a very challenging year for the nickel industry, its value chains and the Nickel Institute . The Nickel Institute continued its programs of Promotion, Advocacy

and Science, through NiPERA, and focused its efforts on three important areas:

Maintaining market access by ensuring compliance with regulations, including especially the Europe Union’s REACH (Registration, Evaluation and Authorization of Chemicals) regulation; understanding and influencing the Globally Harmonized System of Classification and Labeling, Occupational Exposure Limits, and Environ-mental Quality Standards

Advocating the appropriate classification of nickel compounds in the European Union under its classifica-tion processes

Promoting the use of nickel worldwide, especially in China, which is now the largest user of nickel and the largest producer of stainless steel which in turn is the largest first use of nickel .

The Nickel Institute, via its Nickel REACH Consortia, achieved a regulatory milestone in 2010: the success-ful submission of dossiers for nickel and 12 nickel sub-stances and intermediates under REACH . This was an extremely difficult and complex process extending over more than three years and involving many stakeholders . The management and staff of the Institute and its scien-tific arm, NiPERA, are to be commended for this achieve-ment . It secures continued access to the European mar-ket for nickel and those substances .

The Nickel Institute is now preparing for the next steps in the REACH process under a new Nickel REACH Consortia agreement for 2011 to 2013 . All this work is designed to ensure that decisions made in the European Union are based on sound science and take into account potential socio-economic impacts on the end-users of nickel .

Nickel is an extraordinary metal which yields many benefits for society . The Nickel Institute also recognizes there are concerns about nickel and nickel compounds and effects on human health and the environment . For this reason the Nickel Institute engages in a wide variety of scientific research and interacts with various regulatory authorities to provide information and promote the principle that any classification regulation should be based on sound science . 2010, like previous years, was exceedingly busy in this regard .

Meanwhile, the Nickel Institute continues to promote the use of nickel-containing materials, particularly stainless steels, and especially in China, in such application areas as architecture, building and construction, food and bev-erage production, and water treatment and distribution .

I wish to thank all management and staff of the Nickel Institute and its consultants for their hard work and successful efforts on behalf of the member companies . I also welcome Dr . Kevin Bradley to the position of President of the Nickel Institute effective from January 1, 2011 . Under Kevin’s leadership I am confident that the Nickel Institute will play an even greater role in strengthening demand for nickel through its Promotion, Advocacy and Science programs .

Tim Aiken Chairman, Nickel Institute Head of Marketing, Anglo American Platinum Ltd .

chairmaN’s message tim aiKen, Chairman, niCKel institute

Promoting the use of nickel in ChinaChina is the fastest growing sector in the nickel market.

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4 The Nickel iNsTiTuTe iN 2010 Knowledge for a brighter future

In 2010 the Institute further consolidated its reorganization (begun in 2009) while three core issues — REACH reg-istration, nickel compound classification, and nickel metal classification — dominated regulatory and advo-cacy activities . At the same time, promotional activities focused on China.

Throughout the year, member support and engagement on critical issues helped Institute staff implement critical programs, and we look forward to more such support in 2011 . At the working level, we await the outcome of a review of the Nickel Institute governance, to be complet-ed in mid-2011 . The Institute welcomes this review and will ensure that a solid structure is in place to address its findings .

The biggest achievement of 2010 was the successful registration of nickel metal and 12 other nickel compounds under the EU’s REACH regulation. This was achieved on time and on budget — a tremendous accomplishment for which I would like to thank the entire REACH team (made up of colleagues at NiPERA and in Brussels) . By all accounts, the actions of the Nickel Institute and the Nickel REACH Consortia it manages have become the benchmark for how REACH should be addressed . That said, members understand that REACH is only beginning . The Institute and the Nickel REACH Consortia are again taking the lead in developing a plan to manage ongoing commitments arising from the REACH regulation, such as dossier maintenance and evaluation through to 2013 . This plan has resource implications for the Institute, which we intend to address in 2011 .

Progress on the Institute’s litigation relating to the controversial EU nickel compound classifications gath-ered pace with a firm date set for the hearing of the case before the European Court of Justice in Luxembourg . This milestone has been achieved through a lot of dedi-cated work by Institute staff and member companies for which I would like to offer my sincere thanks . Win or lose, this case is a significant one, not just for EU chemical management processes but for international chemical management as well .

Our promotional activities continued to focus on China owing to the potential size of its market and its phenom-enal demand for stainless steel . We are steadily raising awareness among Asian engineers and specifiers of the benefits of using nickel-containing materials, especially stainless steels . Not only are 175 of our publications now available in Chinese, but the Institute enjoys fruit-ful relationships with the China Stainless Steel Council and other industry associations.

Finally, 2010 saw the end of the Presidential term of Stephen Barnett . On behalf of all staff, I would like to thank him for his commitment and dedication to the Institute and its activities over the past five years . As incoming President, I am fully aware of the challenges we face, just as I am aware of the opportunities . Nickel is more than a metal; it is an enabling technology . To a considerable degree, its high reputation reflects the work of the Nickel Institute over the past decades . We are committed to protecting, acknowledging and further enhancing that reputation .

Kevin Bradley President

PresideNT’s message dr. Kevin bradley, President, niCKel institute

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The Nickel iNsTiTuTe iN 2010 Knowledge for a brighter future 5

niCKel institute sTraTegy maP

DEFEND markets, PROMOTE appropriate nickel applicationsby being the Voice of the Industry and providing Strategic Advice and Excellent Service to its Members

Scientific Research SupportMedia MonitoringRegulatory MonitoringBusiness Environment Study – Risks / Opportunities Register – Early Warning System

Global office infrastructure, inter-department coordinationOffice development, administrationEmployee development and retentionSuccession planningLegal support

Planning, budgeting, financial reportingPerformance measurement and evaluationFiscal discipline, audit and complianceFinancial stability and flexibility

INTEgRaTIvE, SuPPORTIvE, INFORMaTIvE, TRaNSPaRENT, aNTIcIPaTORy, ENquIRINg, PEOPlE-cENTERED, FIScally RESPONSIBlE

Governance and member relationsMeetingsCorporate Secretary

advocacy, lobbying (Ni Metal And Ni Compounds Classification)Regulatory compliance – REach, ghSOElEqSlife cycle Footprint

First users (Stainless Steel, Plating) End users (AbS, Food & beverage, Etc.)Technical SupportNi Reputation (Ni Advantage, Ni in Society)Promotion Tools (Website, Magazine)

MISSION

STIgMaTIZaTION SuBSTITuTION aPPlIcaTIONS

DEFENcE PROMOTION

ThREaTS/OPPORTuNITIES

ISSuESMaNagEMENT

ISSuES IDENTIFIcaTION/KNOWlEDgEBaSE

gOvERNaNcE

PlaNNINg aND FINaNcE

valuES

ORgaNIZaTION

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6 The Nickel iNsTiTuTe iN 2010 Knowledge for a brighter future

The REACH regulation continued to dominate the science and risk assessment landscape for the Nickel Institute and the Nickel Producers Environmental Research Association (NiPERA) in 2010 . In all, the scientific staff of NiPERA conducted 93 bio-accessibility studies, 54 toxicity tests, 9 transformation/dissolution studies, 15 eco-toxicity validation studies, and 57 sediment toxicity studies, all of which enabled 13 nickel substances to be regulated. While the achievements under REACH in 2010 were noteworthy, the future still holds many challenges for the Nickel Institute and NiPERA . As the European Chemicals Agency (ECHA) evaluates the thousands of dossiers submitted during 2010, there is the ever-present possibility of being called to defend risk assessment decisions that were included in the dossiers . In addition, REACH requires that updates to the dossiers be completed regularly, and the first set of updates slated for submission during the first quarter of 2011 was under way before 2010 had even ended! As a result of this process, REACH has become an annual component of the Nickel Institute’s budget for the foreseeable future .

REACH-related research was not the only scientific endeavour of 2010 . Progress was made in the debate over water quality standards in the European Union . This debate underscores a regulatory conundrum that has appeared more frequently with repeated regulatory assessments of the same substances over the past three decades . Specifically, basic risk assessments calculate exposure levels that are believed not to affect humans or the environment . These exposure levels are then divided by “uncertainty factors” in order to arrive at final regulatory standards for drinking water standard, and ambient air limit value, or water quality standards . When this paradigm was first invented, three decades ago, the intention was to decrease these uncertainty factors as more research became available over the years (i .e ., as the uncertainty decreased) . However, what was not foreseen was that the public would view such reductions in the uncertainty factors as reductions

in their safety . Consequently, the uncertainty factors being applied today are essentially the same as those that were applied 30 years ago — despite the profound increase in knowledge that has occurred since then . Nowhere is this problem more evident than in the water quality standards that were originally proposed for Europe . The proposed values were actually below the level of nickel that exists in pristine waters . Such standards would have essentially mandated the removal of nickel from nearly all the surface water in Europe .

The solution to this problem was to create a new risk assessment paradigm that incorporated our latest un-derstanding of the biological effects of nickel in fresh water bodies. This bioavailability-based approach drew on the nearly decade-long development of bio-availabil-ity tools (e .g ., the Biotic Ligand Model) and statistically-based approaches for determining effects concentra-tions . The general framework is easily implemented and compatible with regulatory demands . During 2010, the European member states and the EU Commission accepted these advances, thanks in part to the efforts of the NiPERA staff in demonstrating that this science-based approach meets the required level of ecological protection .

Risk Assessment for protecting human health was also a major component of NiPERA’s activities in 2010 . A key component of calculating risk is determining the types of toxicity that may result from exposure to a particular substance . Such toxicities include effects that happen quickly when a substance is eaten or inhaled as well as those that take longer to become noticeable . The potential for a substance to cause cancer is of particular concern to regulators . In the case of nickel metal, the data available to date do not indicate that it is a carcinogen . However, since other nickel compounds have been classified as carcinogens, regulators might be inclined to assume that nickel metal is as well . A significant portion of NiPERA’s research is devoted to understanding the mechanisms of nickel compound

Nickel iNsTiTuTe Science (niPeRA) ActivitieS

dr. hudson bates, direCtor niPera

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The Nickel iNsTiTuTe iN 2010 Knowledge for a brighter future 7

carcinogenesis so that nickel metal can continue to be differentiated from those nickel compounds that do cause cancer. Fortunately, during 2010, there were no new initiatives to classify metallic nickel as a carcinogen . Moreover, the evaluation under way in Germany has demonstrated to regulators there that science does not support the classification of nickel metal as a carcinogen . Contributions by NiPERA staff and industry colleagues helped prove as much .

Once the effects of a particular substance are known, the risk of exposure to that substance can be determined . That is the basis for all regulatory limit values, including occupational exposure limits (OELs) . In 2010, NiPERA staff worked to bring the latest science to the European committee responsible for establishing OELs, as well as to the German counterpart of that committee . In each case, the work is still proceeding, though refinements to the original proposed values have been achieved .

Healthcare Most surgical instruments are made of nickel-containing stainless steel because of its strength and its ability to repeatedly endure the most aggressive cleaning and sterilization techniques in today’s hospitals where hygiene is the priority.

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Throughout 2010 the Nickel Institute focused its advocacy activities on a number of priority areas including nickel metal and compound classification issues, engagement with the REACH Authorization process, and ores and concentrates classification arising from the EU’s new classification and labeling regulation . The latter gives effect to the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS) within the EU . Advocacy activities were also directed at revising the nickel water quality standard and occupational exposure limits at the EU level .

A consistent feature of the NI’s approach to advocacy is the close working relationship between regulatory affairs specialists and science colleagues in the Nickel Producers Environmental Research Association (NiPERA). This relationship has led to important successes, including the development of a classification scheme for ores and concentrates within the EU for member companies as well as ensuring effective input into nickel metal classification discussions in Germany .

Subsidiary and supportive actions relating to the above were also put in place, including targeted engagement with EU regulatory audiences with regard to the benefits of nickel and its importance in contributing to green economy and low carbon society goals . The NI publication Nickel in Society was extremely useful in this regard as it provided excellent messages to support the various engagement actions which ranged from workshops and seminars to policy discussions .

With respect to REACH Authorization, the NI developed a Listing Response Plan so that it would be prepared for any potential listing of a nickel compound within that process . Other actions in this area include a scoping study on socio-economic assessment linked to REACH Authorization and the development of a legal assessment of the Authorization process .

The NI continued to address the implications of the 2009 EU decision to classify 118 nickel compounds as known carcinogens and reprotoxins . On the one hand, the Institute successfully secured a referral of its legal case against the classifications from a UK Court to the European Court of Justice . This case is expected to be heard in early 2011 . On the other hand, the Institute focused on ensuring the perception of nickel itself by downstream users is not impacted . The Institute also sought to limit downstream legislative consequences in the EU . For instance, it successfully persuaded the environment department of the European Commission to withdraw a proposal to widen the scope of the major accident hazards directive (the so-called “Seveso Directive”) to include references to all nickel substances .

Towards the last quarter of 2010, the Institute, at the request of the Board, began to look at options for more active engagement in North America – specifically the U.S. In September a medium-term strategy was put in place which focuses on utilizing the North American Metals Council (NAMC) as the main U .S . regulatory engagement platform, supported by a Washington-based legal consultant who sits on the NAMC Steering Committee for the Institute . Additional engagement on specific issues (both occupational and environmental) is being obtained through the signing of an “alliance partnership” with the U .S . National Association of Surface Finishers (NASF) . The Institute’s regulatory affairs team in Brussels is co-ordinating these resources, with relevant risk assessment and science input from NiPERA in Raleigh .

Advocacy will continue to be a vital part of the Institute’s role protecting and promoting the use of nickel in materials for the benefit of society. Last year saw the Institute achieve a number of significant goals, but challenges remain and further refinement of the NI’s strategy, focus and resources will be needed in the coming years .

Nickel iNsTiTuTe AdvocAcy ActivitieS

dr. Kevin bradley, President, niCKel institute

Rechargeable BatteriesA NiMH battery, in some cases, contains 23% nickel.Besides major gasoline savings, there are significant emissions reductions.

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10 The Nickel iNsTiTuTe iN 2010 Knowledge for a brighter future

China remained the focus of our promotion activities in 2010 . The Chinese market now uses 35% of the world’s nickel production and further growth is expect-ed. The largest single use of nickel in China is stainless steel, of which the country is now the world’s largest producer and user .

The Institute continued to target application areas where specifiers have a choice of material, though there are also clear benefits to using nickel-containing grades of stainless steel . Examples include architecture, build-ing and construction, food and beverage production, and water treatment and distribution . Our specialists gave 13 workshop presentations to 1,600 engineers in 2010. These provided information about the benefits of a product’s life cycle and about how to select and use materials appropriately . About 15,000 pieces of technical literature in Chinese were distributed from our library of 175 titles, reflecting a high level of interest in such knowledge . Questions posed during and after the workshops indicated growth in the use of stainless steel across virtually all sectors .

Where possible, the workshops were linked to relevant industry trade shows . The Institute had stands at three such shows during the year, enabling engineers to in-teract directly with our specialists . As well, both staff members and industry specialists spoke at industry conferences on the messages contained in our key publications Nickel Advantage and Nickel in Society . Often these activities resulted in media coverage in the trade press .

Our activities are always more effective when they in-volve local partners . The China Stainless Steel Council (CSSC) has been a willing partner in activities ranging from conferences to training programmes . In 2010 our partnership was strengthened through further co-oper-ation with the CSSC’s expert committee, resulting in balanced promotion of nickel-containing grades. The use of stainless steel for building cladding – an exciting prospect for China – was also promoted .

Contact with industry associations is particularly im-portant in reaching end-users . We started working with

China Surface Engineering Association, China Architec-tural Decoration Association, and China National Hard-ware Association, among others . Communication with these contacts will help shape our 2011 programme .

At the national level, co-operation with individual stain-less steel development associations continued while, globally, our alliance with the International Stainless Steel Forum was strengthened . We look forward to participat-ing in events around the world aimed at celebrating the centenary of stainless steel in 2012 .

The co-operative effort of Team Stainless resulted in the publication of eight case studies on the structural use of stainless steel . These illustrate the opportunities which are opening up as the relevant design codes are extend-ed to include stainless steel . In a similar vein, the need to include stainless steel reinforcing bar for concrete in the Chinese standard is a key requirement which is be-ing addressed .

Activities in other markets have been directed toward supporting those in China — for example, architectural projects where design decisions may be strongly in-fluenced by North American partners . Similarly, North American standards are used in many Asian markets .

Nickel-containing materials are frequently important in the development of innovative technologies. The developing renewable energy sector will play a key role as the world moves away from fossil fuels . A survey of material challenges and opportunities, carried out in 2010, will help shape future promotion activities .

Our publications are essential to our promotion activi-ties . 2010 saw further translations of Nickel Advantage into French and German while Nickel in Society became available in Chinese, French, German, Spanish and Japanese (as well as English) . This is being comple-mented by starting an overhaul of our website so that it becomes one of our key communication vehicles for future promotion and advocacy activities . Promotion re-mains vital to increasing awareness of the opportunities offered by nickel-containing materials .

Nickel iNsTiTuTe PRomotion

dr. Peter Cutler, direCtor, Promotion

Prof. liCheng Zhang, managing direCtor China, beijing offiCe

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Geothermal EnergyNickel-containing alloys are often needed to resist the corrosive conditions in geothermal power plants.

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12 The Nickel iNsTiTuTe iN 2010 Knowledge for a brighter future

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Nickel Institute funding is provided primarily by mem-ber companies . Non-members participate in funding the Nickel REACH Consortia program . Nickel Institute bud-gets (including Nickel REACH Consortia contributions) in the years 2009 – 2011 remained stable at around US$ 20 million . The Nickel Institute went through the reorganization of its structure and the scope of pro-grams in 2009- 2010 . During that period the financial performance was lower than budgeted while overheads and reorganization costs were relatively higher .

Total operating expenses in 2010 were $15,350,808, compared to $19,280,889 in 2009. Revenues in 2010 were $24,413,573 compared to $24,240,762 in 2009. Revenues consist of Nickel Institute mem-bership fees, NI members’ contribution to the Nickel REACH Consortia, non-NI Consortia membership fees and licensing, and interest income .

Nickel iNsTiTuTe FinAnciAl oveRview 2009 – 2011

viCtor KorChenKo, direCtor, finanCe and administration

Solar EnergyNickel-containing stainless steels are used to handle the heat transfer fluid in concentrating solar collectors.

All numbers expressed in US dollars.Program expenses represent amounts paid to third parties plus internal costs (personnel time, travel and office expenses) allocated to respective programs.Overheads costs include management and administration time and travel, allocated office costs, legal and other professional services, members services, other costs not allocated to programs.

Programs 2009 actual 2010 actual 2011 budget

Nickel reach consortia 2,451,000 3,910,000 2,850,000

defense of Ni use 7,920,000 5,794,000 11,148,000

Promotion 4,862,000 2,412,000 4,512,000

Total programs costs 15,233,000 12,116,000 18,510,000

Overheads and reorganization 4,048,000 3,235,000 2,240,000

TOTal 19,281,000 15,351,000 20,750,000

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14 The Nickel iNsTiTuTe iN 2010 Knowledge for a brighter future

ClassificationCorrect classification ensures continued safe use of nickel for workers and consumers.

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Dr. Kevin BraDley, Ph.d. PReSident, nickel inStitute

Dr . Kevin Bradley is a zoologist and environmental scientist by training . He joined the Nickel Institute in 2009 bringing more than 25 years’ experience in EU government af-fairs and public policy . He has held

positions in academia, the European Commission and a range of private organizations and trade associations at international and national level . Dr . Bradley has worked at international level on life cycle management issues as well as sustainable forest management .

Dr. HuDson K. Bates, Ph.d., d.a.b.t. executive diRectoR, niPeRA

Dr . Bates has more than 25 years of experience in toxicology, with specialization in developmental toxicology, reproductive toxicology, and neurotoxicology . During much of the past two decades, this spe-

cialized knowledge has been applied to the study of the toxicology of nickel and its compounds .

victor KorcHenKo Cma diRectoR, FinAnce And AdminiStRAtion

Prior to joining the Nickel Insti-tute, Mr . Korchenko has held se-nior finance and administrative positions in the food processing, mining and software industries . Mr . Korchenko joined the Nickel

Institute in 2006 . His responsibilities include the plan-ning, administration and communications for the Nickel Institute worldwide .

Dr. Peter cutler, Ph.d., fimmm diRectoR, PRomotion

Dr . Cutler trained as a metallurgist and has been involved with nickel-containing materials for 40 years . After a period in research and de-velopment, he spent twelve years in technical management in the

forging industry, before joining the then Nickel Develop-ment Institute in 1992 as European Technical Director . He is now responsible for the NI’s worldwide market de-velopment and promotion activities .

Prof. licHeng ZHang, m.eng mAnAGinG diRectoR, nickel inStitute cHinA

Prof . Zhang’s professional career includes engineering design of concentrators, research of non- ferrous mineral processing and environment protection . Having joined the Nickel Institute in January

2007, he is actively engaging in nickel application promotion and business advocacy .

Nickel iNsTiTuTe BioGRAPHieS

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16 The Nickel iNsTiTuTe iN 2010 Knowledge for a brighter future

ANGLO AMERICAN BRAZIL ANGLO AMERICAN PLATINUM LTD .AURUBIS AG BHP BILLITONBOCHEMIE s .r .o . ERAMET S .A . EUROPEAN NICKEL PLCGLENCORE INTERNATIONAL AGJFE MINERAL COMPANY, LTD . JSC MMC NORILSK NICKELMINARA RESOURCES LIMITEDNIPPON YAKIN KOGYO CO ., LTD .NIREF B .V .PACIFIC METALS CO ., LTD .P .T . INTERNATIONAL NICKEL INDONESIA TBKRIO TINTO PLCSHERRITT INTERNATIONAL CORPORATIONSINOSTEEL CORPORATION LIMITEDSUMITOMO METAL MINING CO ., LTD . TALVIVAARA MINING COMPANY PLC UMICOREVALE CANADA LIMITED VALE INCO JAPAN LIMITEDWIELAND-WERKE AGWESTERN AREAS NLXSTRATA NICKEL

Nickel iNsTiTuTe liSt oF memBeRS

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Nickel Institute Head OfficeNickel Institute Canada2700-161 Bay StreetToronto, ON Canada M5J 2S1Tel: +1 416 591 7999ni_toronto@nickelinstitute .org

Nickel Institute Belgium Eighth Floor Avenue des Arts 13-14 Brussels 1210, Belgium Tel . +32 2 290 3200 brussels@nickelinstitute .org

Nickel Institute USA(NiPERA) Nickel Producers Environmental Research Association2605 Meridian Parkway, Suite 121Durham, North Carolina 27713 U .S .A .Phone: +1 919 544 7722Fax: +1 919 544 7724

Nickel Institute ChinaRoom 677-678, Poly Plaza Office Building14 Dongzhimen NandajieBeijing, China 100027Tel: +86 10 6553 3060Fax: +86 10 6501 0261info@ni-china .org

Nickel Institute JapanShimbashi Sumitomo Bldg . 1F5-11-3, Shimbashi, Minato-kuTokyo 105-8716 JapanTel: +81 3 3436 7953Fax: +81 3 3436 2132ni_japan@nickelinstitute .org

Nickel iNsTiTuTe contAct

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www.nickelinstitute.org