Council Regulation (EEC) No 678/87 of 26 January 1987 on the application of the system of certificates of origin provided for under the International Coffee Agreement 1983 when quotas are suspended
EU Regulation No 678/1987 · Adopted 26 January 1987 · Extends to United Kingdom
Council Regulation (EEC) No 678/87
of 26 January 1987
on the application of the system of certificates of origin provided for under the International Coffee Agreement 1983 when quotas are suspended
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas pursuant to Decision 83/539/EECf3 the Community has been provisionally applying the International Coffee Agreement 1983 since its provisional entry into force on 1 October 1983;
Whereas Regulation (EEC) No 3761/83f4 introduced the system of certificates of origin provided for by the International Coffee Agreement 1983 when quotas are in effect;
Whereas the Executive Board of the International Coffee Organization has established rules for the application of a system of certificates of origin under the Agreement when quotas are suspended;
Whereas the rules laid down in Regulation (EEC) No 2686/76f5 concerning the system of certificates of origin provided for by the International Coffee Agreement 1976 have been replaced by the abovementioned rules; whereas Regulation (EEC) No 2686/76 should, therefore, be repealed;
Whereas appropriate measures must be taken to implement the new system of certificates within the Community and to provide that it be applied without discrimination between Community importers;
Whereas in order to ensure the efficient administration of the system and to clarify the position regarding the periods during when this Regulation will actually apply and in order to conform to Rule 11 of the Annex to this Regulation and to Rule 17 of the Annex to Regulation (EEC) No 3761/83, provision should be made for the Commission, in accordance with the decisions taken by the competent bodies of the International Coffee Organization and at the time when quotas are suspended or reintroduced, to specify the date on which the measures in question become applicable or cease to be applicable,
HAS ADOPTED THIS REGULATION:
Annotations to the whole text
Footnotes
Contents
- 1Article 1
- 2Article 2
- 3Article 3
- 4Article 4
- 5Article 5
- 6Article 6
- Signature
- Annex: RULES FOR THE APPLICATION OF A SYSTEM OF CERTIFICATES OF ORIGIN WHEN QUOTAS ARE SUSPENDED
- Rule 1DEFINITIONS
- ANNEX 1CERTIFICATE OF ORIGIN IN FORM O
- ANNEX 1 BGeneral guidance for completion of Certificate of Origin in Form O
- ANNEX 3LIST OF MEMBERS AND THEIR CODE NUMBERS
1
For the purposes of implementing the International Coffee Agreement 1983, the rules for the application of the system of certificates of origin when quotas are suspended, adopted by the Executive Board of the International Coffee Organization and set out in the Annex to this Regulation, shall apply.
2
Imports into the Community of coffee and of extracts, essences or concentrates of coffee falling within subheadings 09.01 A and 21.02 A of the Common Customs Tariff, originating in or coming from either members or non-members of the Agreement, shall not be subject to submission of the certificates provided for in the said Agreement.
3
Exports from the Community of coffee and of extracts, essences or concentrates of coffee falling within subheadings 09.01 A and 21.02 A of the Common Customs Tariff shall not be subject to submission of the certificates provided for in the Agreement.
4
The Commission shall fix the date from which the measure provided for in this Regulation shall become applicable or cease to be applicable.
5
Regulation (EEC) No 2686/76 is hereby repealed.
6
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
Signature
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 January 1987.
For the Council
The President
L. Tindemans
Rule 1DEFINITIONS
For the purposes of these Rules:
Valid Certificate of Origin in Form O for exports to member countries means a Certificate of Origin in Form O prescribed in Annex 1, issued in accordance with these Rules by a certifying agency of the producing member country from which the coffee described therein has been exported provided that:
- (a)
the destination shown on the Certificate is a member country;
- (b)
the Certificate is marked ‘ORIGINAL’ and bears the cachet of the customs service of the producing member country from which the coffee described in the Certificate has been exported;
- (c)
the Certificate shall be valid to cover only the coffee described therein at the time it was issued; and
- (d)
the Certificate has not previously been completed in Part B nor declared invalid by the Organization.
Valid certificate of Origin in Form X for exports to non-member countries means a Certificate of Origin in Form X prescribed in Annex 2, issued in accordance with these Rules by a certifying agency of the producing member from which the coffee described therein has been exported, provided that:
- (a)
the Certificate is marked ‘ORIGINAL’ and bears the cachet of the customs service of the producing member country from which the coffee described in the Certificate has been exported;
- (b)
the Certificate shall be valid to cover only the coffee described therein at the time it was issued.
Export of coffee means any coffee which leaves the customs territory of the country in which the coffee is grown.
Import of coffee means any coffee which enters into the customs territory of any country or customs union and is released by the customs and, if necessary, by other competent authorities so that the coffee has been fully cleared for processing and /or domestic consumption.
Coffee under customs control means coffee which cannot be moved outside the area of jurisdiction of the customs service without its consent.
Customs service means the customs authority of a member or the authority designated by the member for that purpose and accepted by the Executive Director.
The cachet of the customs service means a customs stamp, preferably embossed, which is accompanied by the signature or equivalent of the officer responsible for its use together with the date of its use.
Certifying agency means an agency approved under the provisions of Article 43 (1), (2) and (5) of the International Coffee Agreement 1983 to administer and perform the functions specified in paragraphs 1 and 2 of that Article.
ANNEX 1CERTIFICATE OF ORIGIN IN FORM O
ANNEX 1 BGeneral guidance for completion of Certificate of Origin in Form O
CERTIFICATE OF ORIGIN FOR EXPORTS TO MEMBERS
PART A
To be completed by the certifying agency and the customs service of the issuing member
1.
Leave blank.
2.
The reference number shall include the code number of the member issuing the Certificate (see Annex 3 to these Rules) and the code number of the port or inland point of export (two digits to be supplied by the member). This prefix of up to five digits shall be followed by the serial number of the Certificate (each certifying agency shall ensure that the numbering of the Certificates of Origin in Form O which it issues shall begin at ‘1’ on 1 October each year and shall proceed consecutively until 30 September the following year).
3.
Enter the name of the country in which the coffee was produced.
4.
Enter the name of the country of destination.
5.
Enter the name of the vessel on board which the coffee is to be shipped. If the coffee is not to be forwarded by ship, enter appropriate information concerning form of transport, for example, lorry, lighter, rail.
6.
Enter the name of the port or other place at which the coffee is to be loaded and the name of any port or point in transit at which the coffee will be unloaded before reforwarding to the destination shown on the Certificate. If the coffee is proceeding direct to its destination enter the word ‘direct’.
7.
Enter the date on which the coffee is to be shipped.
8.
Leave blank (for use by the International Coffee Organization).
9.
Enter the name of the port or other place to which the coffee is destined.
10.
The bags or containers in each parcel of coffee covered by a single Certificate of Origin shall bear a unique ICO indentification mark, printed inside a box or stamped on a metal strip affixed to the bags or other containers. Enter the ICO identification mark and any additional shipping marks or other identification in the spaces provided.
Note:
If the Member has opted for a Certificate of Origin on which box 10 has been modified to allow more than one ICO identification mark to be entered as provided for in paragraph 3 of Rule 2 of these Rules and there is no space in which to enter additional shipping marks in this box, the additional shipping marks should, to the extent possible, be shown in full in box 15.
11.
Enter the number of bags or other containers.
12.
Mark ‘X’ in the sppropriate box. If coffee other than green, roasted or soluble is being exported, specify the form of such other coffee in box 15 (see definitions in Article 3 of the International Coffee Agreement 1983). If an export of coffee includes more than one form of coffee, separate Certificates are required for each form of coffee included in the shipment.
13.
Enter net weight, rounded to the nearest whole unit of weight (one pound equals 0,4536 kilogram).
14.
Specify unit of weight by marking ‘X’ in the appropriate box.
15.
Enter any additional information relevant to the parcel of coffee described in the Certificate.
16.
The customs service in the port or other location from which the coffee is exported shall stamp the Cerificate as confirmation that export is about to take place. The authorized customs officer applying the stamp shall sign and date the Certificate in the spaces provided.
17.
The certifying officer shall stamp the Certificate with the stamp of the certifying agency and shall sign and date the Ceritificate in the spaces provided.
IMPORTANT
The first copy of each Certificate of Origin in Form O shall be forwarded to the International Coffee Organization together with a copy of the relevant bill of lading or equivalent document within 21 days of the date of shipment.
PART B
To be completed by the customs service withdrawing the Certificate
18.
The customs service of the country of importation or in which the coffee is placed under customs control shall:
- (i)
withdraw the Certificate;
- (ii)
enter the customs entry number if the coffee has been imported and any relevant observations;
- (iii)
enter the place date of importation or the location of the coffee and the date on which it was placed under its custody; and
- (iv)
affix its cachet as confirmation that the coffee has been imported or placed under its control.
IMPORTANT
Each original Certificate of Origin in Form O withdrawn by a customs service shall be forwarded to the International Coffee Organization within 30 days of the close of the month of collection.
ANNEX 3LIST OF MEMBERS AND THEIR CODE NUMBERS
| Exporting members | Importing members | ||
| Angola | 158 | Australia | 51 |
| Benin | 22 | Austria | 52 |
| Bolivia | 1 | Belgium /Luxembourg | 53 |
| Brazil | 2 | Canada | 54 |
| Burundi | 27 | Cyprus | 86 |
| Cameroon | 19 | Denmark | 56 |
| Central African Republic | 20 | Fiji | 236 |
| Colombia | 3 | Finland | 71 |
| Congo | 21 | France | 58 |
| Costa Rica | 5 | Germany, Federal Republic of | 57 |
| Cote d'Ivoire | 24 | Greece | 91 |
| Cuba | 6 | Ireland | 98 |
| Dominican Republic | 7 | Italy | 59 |
| Ecuador | 8 | Japan | 60 |
| El Salvador | 9 | Netherlands | 61 |
| Equitorial Guinea | 167 | New Zealand | 70 |
| Ethiopia | 10 | Norway | 62 |
| Gabon | 23 | Portugal | 31 |
| Ghana | 38 | Singapore | 132 |
| Guatemala | 11 | Spain | 63 |
| Guinea | 92 | Sweden | 64 |
| Haiti | 12 | Switzerland | 65 |
| Honduras | 13 | United Kingdom | 68 |
| India | 14 | United States of America | 69 |
| Indonesia | 15 | Yugoslavia | 148 |
| Jamaica | 100 | ||
| Kenya | 37 | ||
| Liberia | 107 | ||
| Madagascar | 25 | ||
| Malawi | 109 | ||
| Mexico | 16 | ||
| Nicaragua | 17 | ||
| Nigeria | 18 | ||
| Panama | 29 | ||
| Papua New Guinea | 166 | ||
| Paraguay | 122 | ||
| Peru | 30 | ||
| Philippines | 123 | ||
| Rwanda | 28 | ||
| Sierra Leone | 32 | ||
| Sri Lanka | 83 | ||
| Tanzania | 33 | ||
| Thailand | 140 | ||
| Togo | 26 | ||
| Trinidad and Tobago | 34 | ||
| Uganda | 35 | ||
| Venezuela | 36 | ||
| Zaire | 4 | ||
| Zambia | 149 | ||
| Zimbabwe | 39 | ||
Note: Members of OAMCAF are in italics.