ANNEX B Transitional arrangements relating to the economic and control rules of the International Cocoa Agreement 1980

1. All cocoa which is afloat or in bonded warehouse before the economic and control rules become operative shall be exempted from all the provisions of Rules 3, 4, 5, 6, 7, 9 and 10. The import of such cocoa after the rules become operative shall, however, be permitted by Members only when the shipments are covered by exemption certificates. Exemption certificates shall be issued by certifying agencies in either exporting or importing Member Countries for cocoa originating from Member Countries and by certifying agencies in importing Member Countries for cocoa originating from non-member countries.

2. All cocoa exported by exporting Member Countries or imported by importing Member Countries after the economic and control rules have become operative, but pursuant to a contract made before 1 August 1981 shall be exempted from the payment of the buffer stock contribution provided for in Article 35 of the Agreement. Such exports or imports shall, however, be covered by the appropriate ICC certificates as provided for in Rules 3, 4, 5, 6, 7, 9 and 10 of the economic and control rules.

3. All cocoa exported, re-exported or imported after the economic and control rules have become operative, and pursuant to a contract made on or after 1 August 1981, shall be subject to all the provisions of the economic and control rules.

4. To qualify for exemption under paragraph 2 above, Members are required to arrange for the following information on contracts for purchases by importers of cocoa from non-member origins and all relevant first-hand sales contracts by exporters to be submitted to the certifying agencies in their countries before 1 October 1981:

Date of contract, origin of exports/imports, quantity (actual and in beans equivalent) type (beans, butter, powder, paste), shipment period and destination.

5. The certifying agencies of the Member Countries shall, before 1 November 1981, send to the Executive Director all the information received under paragraph 4 above.

6. Such information received by the Executive Director shall be the basis for determining the exemption from buffer stock contributions to which Member Countries are entitled under the provisions of these transitional arrangements.

7. The exemption certificate referred to in paragraph 1 above shall be in a form to be prescribed by the Executive Director. Each Member will be responsible for printing its own supply of the exemption certificate which may be printed in two languages of which one must be English. Guidance for the issue and proper completion of the certificate shall be provided by the Executive Director.

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