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COUNCIL REGULATION ( EEC ) N 2686/76

OF 19 OCTOBER 1976

ON THE APPLICATION OF THE SYSTEM OF CERTIFICATES OF ORIGIN PROVIDED FOR UNDER THE INTERNATIONAL COFFEE AGREEMENT 1976 , WHEN QUOTAS ARE NOT IN EFFECT

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 BY VIRTUE OF THE COUNCIL DECISION OF 20 SEPTEMBER 1976 THE COMMUNITY IS TO APPLY PROVISIONALLY THE INTERNATIONAL COFFEE AGREEMENT 1976 , WITH EFFECT FROM 1 OCTOBER 1976 , THE DATE ON WHICH THAT AGREEMENT PROVISIONALLY ENTERED INTO FORCE ;

WHEREAS ON 30 SEPTEMBER 1976 THE INTERNATIONAL COFFEE COUNCIL ADOPTED A SYSTEM OF CERTIFICATES OF ORIGIN TO BE APPLIED UNDER THE AFORESAID AGREEMENT WHEN QUOTAS ARE NOT IN EFFECT ;

WHEREAS , IN ACCORDANCE WITH ARTICLE 15 ( 3 ) OF THE INTERNATIONAL COFFEE AGREEMENT 1976 , APPROPRIATE MEASURES MUST BE TAKEN TO IMPLEMENT THIS SYSTEM OF CERTIFICATES WITHIN THE COMMUNITY ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

FOR THE PURPOSES OF IMPLEMENTING THE INTERNATIONAL COFFEE AGREEMENT 1976 , THE SYSTEM OF CERTIFICATES OF ORIGIN TO BE APPLIED WHEN QUOTAS ARE NOT IN EFFECT ADOPTED BY THE INTERNATIONAL COFFEE COUNCIL ON 30 SEPTEMBER 1976 AND SET OUT IN THE ANNEX TO THIS REGULATION , SHALL BE APPLIED IN ACCORDANCE WITH THE FOLLOWING ARTICLES .

ARTICLE 2

IMPORTATION 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 EXPORTING COUNTRIES WHICH ARE MEMBERS OF THE INTERNATIONAL COFFEE AGREEMENT 1976 , SHALL BE SUBJECT TO PRODUCTION AT THE CUSTOMS OFFICE WHERE THE IMPORT FORMALITIES ARE COMPLETED OF THE CERTIFICATE OF ORIGIN OR IMPORT RETURN PRESCRIBED FOR THIS PURPOSE UNDER THE SYSTEM REFERRED TO IN ARTICLE 1 .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT LUXEMBOURG , 19 OCTOBER 1976 .

FOR THE COUNCIL

THE PRESIDENT

M . VAN DER STOEL

ANNEX

RULES OF THE INTERNATIONAL COFFEE ORGANIZATION FOR THE APPLICATION OF A SYSTEM OF CERTIFICATES OF ORIGIN WHEN QUOTAS ARE NOT IN EFFECT

RULE 1

DEFINITIONS

FOR THE PURPOSES OF THESE RULES :

VALID CERTIFICATE OF ORIGIN FOR EXPORTS TO MEMBER COUNTRIES MEANS THE FIRST COPY OF 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 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 ;

( D ) A COPY OF THE RELEVANT BILL OF LADING OR EQUIVALENT DOCUMENT HAS BEEN FORWARDED TO THE ORGANIZATION IN ACCORDANCE WITH THE PROVISIONS OF RULE 6 ;

( E ) ANY LEVIES IMPOSED UNDER THE PROVISIONS OF ARTICLES 47 AND 55 OF THE INTERNATIONAL COFFEE AGREEMENT 1976 HAVE BEEN PAID ON THE COFFEE DESCRIBED THEREIN IN ACCORDANCE WITH THE PROVISIONS OF RULE 6 OF THE " RULES FOR CALCULATING BASIC QUOTAS UNDER THE PROVISION OF PARAGRAPHS 3 AND 4 OF ARTICLE 30 AND FOR THE PAYMENT OF LEVIES " CONTAINED IN DOCUMENT EB-1444/76 REV . 1 .

FOR THE STATISTICAL PURPOSES OF ARTICLE 30 OF THE INTERNATIONAL COFFEE AGREEMENT 1976 THE VOLUME OF EXPORTS OF EXPORTING MEMBERS TO IMPORTING MEMBERS IN COFFEE YEARS 1976/77 AND 1977/78 SHALL BE CALCULATED , IN ACCORDANCE WITH THE RULES CONTAINED IN DOCUMENT EB-1444/76 REV . 1 .

VALID CERTIFICATE OF ORIGIN 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 COUNTRY 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 ;

( C ) A COPY OF THE RELEVANT BILL OF LADING OR EQUIVALENT DOCUMENT HAS BEEN FORWARDED TO THE ORGANIZATION IN ACCORDANCE WITH THE PROVISIONS OF RULE 8 .

IMPORT RETURN MEANS AN IMPORT RETURN IN FORM I PRESCRIBED IN ANNEX 3 , COMPLETED IN ACCORDANCE WITH THESE RULES AND DESCRIBING A PARCEL OF COFFEE IMPORTED WITHOUT THE PRESENTATION TO THE CUSTOMS SERVICE OF THE IMPORTING COUNTRY OF AN ORIGINAL CERTIFICATE OF ORIGIN IN FORM O PROVIDED THAT THE RETURN BEARS THE CERTIFICATION AND CACHET OF THE CUSTOMS SERVICE CONFIRMING THE IMPORTATION OF THE COFFEE DESCRIBED THEREIN .

EXPORT OF COFFEE MEANS ANY SHIPMENT OF 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 AND IS RELEASED BY THE CUSTOMS OR OTHER COMPETENT AUTHORITIES SO THAT THE COFFEE HAS BEEN FULLY CLEARED FOR DOMESTIC CONSUMPTION OR FOR PROCESSING FROM ONE FORM OF COFFEE INTO ANOTHER UNDER CUSTOMS CONTROL FOR SUBSEQUENT RE-EXPORT , PROVIDED THAT , FOR THE PURPOSE OF THESE RULES , THE TERRITORIES OF MEMBERS FORMING A CUSTOMS UNION SHALL BE DEEMED TO CONSTITUTE A SINGLE CUSTOMS TERRITORY .

RE-EXPORT OF COFFEE MEANS ANY COFFEE WHICH MOVES BEYOND THE CUSTOMS TERRITORY OF A COUNTRY WHICH HAS PREVIOUSLY IMPORTED THAT COFFEE , PROVIDED THAT , FOR THE PURPOSE OF THESE RULES , THE TERRITORIES OF MEMBERS FORMING A CUSTOMS UNION SHALL BE DEEMED TO CONSTITUTE A SINGLE CUSTOMS TERRITORY .

COFFEE UNDER CUSTOMS CONTROL MEANS COFFEE WHICH HAS BEEN PLACED UNDER DIRECT CONTROL OF THE CUSTOMS SERVICE OF A MEMBER COUNTRY IN SUCH A WAY THAT THE COFFEE CANNOT BE MOVED OUTSIDE THE AREA OF JURISDICTION OF THAT SERVICE WITHOUT ITS CONSENT .

CUSTOMS SERVICE MEANS THE CUSTOMS AUTHORITY OF A MEMBER OR OTHER AUTHORITY DESIGNATED BY THE MEMBER FOR THAT PURPOSE AND ACCEPTED BY THE EXECUTIVE DIRECTOR .

THE CACHET OF THE CUSTOMS SERVICE MEANS A STAMP , PREFERABLY EMBOSSED , WHICH IS ACCOMPANIED BY THE SIGNATURE OR EQUIVALENT OF THE OFFICE RESPONSIBLE FOR ITS USE TOGETHER WITH THE DATE OF ITS USE .

CERTIFYING AGENCY MEANS AN AGENCY APPROVED UNDER THE PROVISIONS OF PARAGRAPHS ( 1 ) , ( 2 ) AND ( 5 ) OF ARTICLE 43 OF THE INTERNATIONAL COFFEE AGREEMENT 1976 TO ADMINISTER AND PERFORM THE FUNCTIONS SPECIFIED IN PARAGRAPHS ( 1 ) AND ( 2 ) OF THAT ARTICLE .

RULE 2

TYPES AND FORMS OF CERTIFICATES OF ORIGIN

1 . SUBJECT TO THE PROVISIONS OF PARAGRAPH 5 , CERTIFICATES OF ORIGIN FOR EXPORTS TO MEMBER COUNTRIES SHALL BE PRINTED IN FORM O PRESCRIBED IN ANNEX 1 AND SHALL BE COMPLETED AND ISSUED IN ACCORDANCE WITH THESE RULES .

2 . SUBJECT TO THE PROVISIONS OF PARAGRAPH 5 , CERTIFICATES OF ORIGIN FOR EXPORTS TO NON-MEMBER COUNTRIES SHALL BE PRINTED IN FORM X PRESCRIBED IN ANNEX 2 AND SHALL BE COMPLETED AND ISSUED IN ACCORDANCE WITH THESE RULES .

3 . CERTIFICATES OF ORIGIN SHALL BE ISSUED IN AN ORIGINAL AND AT LEAST TWO COPIES . THE ORIGINAL SHALL BE CLEARLY MARKED " ORIGINAL " , THE FIRST COPY SHALL BE CLEARLY MARKED " FIRST COPY " AND EACH SUBSEQUENT COPY SHALL BE CLEARLY MARKED " COPY " .

4 . EXCEPT AS OTHERWISE AGREED BETWEEN A MEMBER AND THE EXECUTIVE DIRECTOR CERTIFICATES OF ORIGIN SHALL BE PRINTED BY PRODUCING MEMBERS THEMSELVES .

5 . ORIGINAL CERTIFICATES SHALL BE PRINTED ON WHITE PAPER OF CHEMICAL PULP , WEIGHING NOT LESS THAN 70 G / M2 AND SHALL BE ISO SIZE A 4 ( 210 MM BY 297 MM ; 8 1/3 IN BY 11 2/3 IN ) WITH A MAXIMUM TOLERANCE OF MORE OR LESS 2 MM ( 1/16 IN ) . THE FIRST COPY SHALL BE PRINTED ON GREEN PAPER . TO ENSURE THAT ALL CERTIFICATES ARE PRINTED TO UNIFORM STANDARDS THE MEASUREMENTS TO BE USED BY PRINTERS ARE SHOWN IN ANNEXES 1 A AND 2 A . NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS 1 AND 2 , ON THE FIRST AND SUBSEQUENT COPIES OF CERTIFICATES OF ORIGIN THE SPACE ALLOCATED TO PART B ON THE FORMS OF CERTIFICATES PRESCRIBED IN ANNEXES 1 AND 2 MAY BE LEFT BLANK OR MAY BE USED TO SHOW INFORMATION REQUIRED BY THE MEMBER CONCERNED OR BY THE ORGANIZATION FOR STATISTICAL PURPOSES .

6 . CERTIFICATES OF ORIGIN MAY BE PRINTED IN TWO LANGUAGES , ONE OF WHICH MUST BE ENGLISH . WHEN MORE THAN ONE LANGUAGE IS USED THE SECOND LANGUAGE SHALL BE PRINTED IN ITALICS .

7 . GENERAL GUIDANCE ON THE COMPLETION OF CERTIFICATES OF ORIGIN IS CONTAINED IN ANNEXES 1 B AND 2 B .

RULE 3

TYPE AND FORM OF IMPORT RETURN

1 . THE IMPORT RETURN SHALL BE PRINTED IN FORM I PRESCRIBED IN ANNEX 3 AND SHALL BE COMPLETED AND ISSUED IN ACCORDANCE WITH THESE RULES . GENERAL GUIDANCE ON THE COMPLETION OF THE RETURN IS CONTAINED IN ANNEX 3 B .

2 . THE IMPORT RETURN SHALL BE ISSUED IN AN ORIGINAL AND AT LEAST ONE COPY .

3 . EXCEPT AS OTHERWISE AGREED BETWEEN A MEMBER AND THE EXECUTIVE DIRECTOR , IMPORT RETURNS SHALL BE PRINTED BY MEMBERS THEMSELVES .

4 . THE IMPORT RETURN SHALL BE PRINTED ON WHITE PAPER OF CHEMICAL PULP WEIGHING NOT LESS THAN 70 G / M2 AND SHALL BE ISO SIZE A 4 ( 210 MM BY 297 MM ; 8 1/3 IN BY 11 2/3 IN ) WITH A MAXIMUM TOLERANCE OF MORE OR LESS 2 MM ( 1/16 IN ) . TO ENSURE THAT ALL RETURNS ARE PRINTED TO UNIFORM STANDARDS THE MEASUREMENTS TO BE USED BY PRINTERS ARE SHOWN IN ANNEX 3 A . IF THE RETURN IS PRINTED IN MORE THAN ONE LANGUAGE , ONE OF THE ADDITIONAL LANGUAGES SHALL , IF POSSIBLE , BE ENGLISH .

WHEN MORE THAN ONE LANGUAGE IS USED THE SECOND AND SUBSEQUENT LANGUAGES SHALL BE PRINTED IN ITALICS . THE GENERAL GUIDANCE ON THE COMPLETION OF THE RETURN ( SEE ANNEX 3 B ) MAY BE PRINTED ON THE REVERSE AT THE DISCRETION OF THE MEMBER CONCERNED IN WHATEVER LANGUAGE THE MEMBER DEEMS DESIRABLE .

RULE 4

PERIOD OF VALIDITY OF CERTIFICATES OF ORIGIN

CERTIFICATES OF ORIGIN IN FORM O

1 . CERTIFICATES OF ORIGIN IN FORM O SHALL CEASE TO BE VALID FOR THE STATISTICAL PURPOSES OF ARTICLE 30 OF THE INTERNATIONAL COFFEE AGREEMENT 1976 SIX MONTHS FROM THE END OF THE CALENDAR QUARTER IN WHICH EXPORT TAKES PLACE .

CERTIFICATES OF ORIGIN IN FORM X

2 . CERTIFICATES OF ORIGIN IN FORM X SHALL HAVE NO SPECIFIED PERIOD OF VALIDITY .

RULE 5

MARKING OF BAGS AND OTHER CONTAINERS FOR EXPORT

EVERY EXPORT OF COFFEE COVERED BY A SINGLE CERTIFICATE OF ORIGIN SHALL BE ALLOCATED AN INTERNATIONAL COFFEE ORGANIZATION IDENTIFICATION MARK WHICH SHALL BE UNIQUE TO THE PARCEL OF COFFEE CONCERNED . THE IDENTIFICATION MARK , WHICH SHALL BE PRINTED INSIDE A BOX ON ALL THE BAGS OR OTHER CONTAINERS AND SHALL BE SHOWN ON THE CERTIFICATE OF ORIGIN , SHALL BE COMPOSED OF THE COUNTRY CODE NUMBER OF THE MEMBER ( UP TO THREE DIGITS TO BE ALLOCATED BY THE ORGANIZATION ( 1 ) ) , THE CODE NUMBER OF THE GROWER OR EXPORTER ( UP TO FOUR DIGITS TO BE ALLOCATED BY THE MEMBER TO EACH GROWER OR EXPORTER ) AND THE SERIAL NUMBER OF THE PARCEL OF COFFEE ( UP TO FOUR DIGITS TO BE SUPPLIED BY THE GROWER OR EXPORTER FOR EACH PARCEL HE EXPORTS , BEGINNING WITH THE NUMBER " 1 " FOR THE FIRST PARCEL EXPORTED ON OR AFTER 1 OCTOBER 1976 AND PROCEEDING IN SEQUENCE TO 30 SEPTEMBER 1977 . THE SEQUENCE TO RECOMMENCE ON 1 OCTOBER 1977 AND SO ON FOR EACH COFFEE YEAR . )

EXAMPLE :

27 * 1 * 17

( COUNTRY CODE ) * ( EXPORTER'S OR * ( PARCEL NUMBER )

* GROWER'S CODE )

( 1 ) SEE ANNEX 4 .

TO PERMIT MECHANICAL PROCESSING BY THE ORGANIZATION IT IS ESSENTIAL THAT THE IDENTIFICATION MARK SHOULD NOT IN ANY CIRCUMSTANCE BE COMPOSED OF MORE THAN 11 DIGITS .

RULE 6

EXPORTS TO MEMBER COUNTRIES

1 . SUBJECT TO THE EXCEPTIONS DESCRIBED IN PARAGRAPH 11 , EVERY EXPORT OF COFFEE FROM ANY MEMBER TO ANY OTHER MEMBER SHALL BE COVERED BY A VALID CERTIFICATE OF ORIGIN IN FORM O COMPLETED AND ISSUED IN ACCORDANCE WITH THESE RULES .

2 . EVERY EXPORT OF COFFEE SHALL BE ALLOCATED AN INTERNATIONAL COFFEE ORGANIZATION IDENTIFICATION MARK IN ACCORDANCE WITH THE PROVISIONS OF RULE 5 . THE IDENTIFICATION MARK SHALL BE PRINTED INSIDE A BOX ON ALL THE BAGS OR OTHER CONTAINERS AND SHALL BE SHOWN ON THE CERTIFICATE OF ORIGIN .

3 . THE FIRST COPY OF EACH CERTIFICATE OF ORIGIN IN FORM O TOGETHER WITH A COPY OF THE RELEVANT BILL OF LADING SHALL BE FORWARDED BY THE SAFEST AND QUICKEST POSSIBLE MEANS TO THE ORGANIZATION BY THE ISSUING MEMBER AS SOON AS POSSIBLE AND IN ANY CASE WITHIN 21 DAYS OF THE DATE OF SHIPMENT . IF A PARCEL OF COFFEE MOVES OVERLAND TO ITS DESTINATION , INSTEAD OF A BILL OF LADING A COPY OF THE RELEVANT WAYBILL OR OTHER EQUIVALENT DOCUMENT SHALL ACCOMPANY THE FIRST COPY OF THE CERTIFICATE OF ORIGIN IN FORM O FORWARDED TO THE ORGANIZATION .

4 . FIRST COPIES OF CERTIFICATES OF ORIGIN IN FORM O AND BILLS OF LADING OR EQUIVALENT DOCUMENTS FORWARDED TO THE ORGANIZATION UNDER THE PROVISIONS OF PARAGRAPH 3 SHALL BE SENT IN SECURELY PACKED BATCHES OF NOT MORE THAN 50 SETS OF DOCUMENTS ( 2 ) . EACH BATCH SHALL CONTAIN ONLY DOCUMENTS ISSUED TO COVER EXPORTS MADE IN THE SAME MONTH .

( 2 ) A SET OF DOCUMENTS SHALL CONSIST OF THE FIRST COPY OF A CERTIFICATE OF ORIGIN IN FORM O AND THE RELEVANT BILL OF LADING OR EQUIVALENT DOCUMENT OR THE ORIGINAL AND THE FIRST COPY OF A CERTIFICATE OF ORIGIN IN FORM X AND THE RELEVANT BILL OF LADING OR EQUIVALENT DOCUMENT .

5 . EXCEPT AS OTHERWISE AGREED BETWEEN THE MEMBER AND THE EXECUTIVE DIRECTOR , EACH BATCH OF CERTIFICATES AND BILLS OF LADING OR EQUIVALENT DOCUMENTS SHALL BE ACCOMPANIED BY A COVERING NOTE LISTING THE REFERENCE NUMBER OF EACH DOCUMENT ENCLOSED THEREWITH AND THE NET QUANTITY OF COFFEE COVERED BY EACH DOCUMENT . EACH BATCH OF DOCUMENTS AND THE ACCOMPANYING COVERING NOTE SHALL BEAR A SERIAL NUMBER . A COPY OF THE COVERING NOTE SHALL BE FORWARDED SIMULTANEOUSLY TO THE ORGANIZATION UNDER SEPARATE COVER .

6 . EXCEPT AS OTHERWISE AGREED BETWEEN THE MEMBER AND THE EXECUTIVE DIRECTOR , THE EXECUTIVE DIRECTOR SHALL ACKNOWLEDGE RECEIPT OF EACH BATCH OF DOCUMENTS BY STAMPING AND RETURNING THE COVERING NOTE .

7 . THE FIRST COPY OF EACH CERTIFICATE OF ORIGIN IN FORM O FORWARDED TO THE ORGANIZATION IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 3 SHALL , TOGETHER WITH THE ORIGINAL OF THE CERTIFICATE , BEAR THE CACHET OF THE CUSTOMS SERVICE OF THE ISSUING MEMBER . THIS SHALL BE APPLIED BY THE CUSTOMS SERVICE WHEN IT IS SATISFIED THAT EXPORT HAS TAKEN PLACE .

8 . THE ORIGINAL OF EACH CERTIFICATE OF ORIGIN IN FORM O SHALL BE GIVEN TO THE EXPORTER OR HIS AGENT TO ACCOMPANY THE SHIPPING DOCUMENTS .

9 . THE INTERNATIONAL COFFEE ORGANIZATION IDENTIFICATION MARK AND THE REFERENCE NUMBER OF THE CERTIFICATE OF ORIGIN ( COMPOSED OF THE COUNTRY CODE , PORT CODE AND SERIAL NUMBER ) SHALL BE INCLUDED ON AT LEAST ONE OF THE DOCUMENTS FORWARDED TO THE BUYER WITH THE ORIGINAL OF THE CERTIFICATE OF ORIGIN , FOR EXAMPLE THE INVOICE , THE CONTRACT , THE BILL ( S ) OF LADING OR ON SUCH DOCUMENTATION AS MAY BE PRESENTED TO THE CUSTOMS SERVICE IN THE IMPORTING MEMBER COUNTRY .

10 . NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS 1 AND 3 , IF THE MARITIME PORT OF SHIPMENT IS NOT IN THE COUNTRY OF ORIGIN OF THE COFFEE AND THE MEMBER FINDS THAT IT IS IMPRACTICABLE TO ISSUE COMPLETED CERTIFICATES OF ORIGIN IN FORM O PRIOR TO EXPORT FROM ORIGIN , THE MEMBER MAY MAKE ARRANGEMENTS FOR ISSUING THE NECESSARY CERTIFICATE OF ORIGIN IN FORM O , EITHER PARTIALLY OR WHOLLY , BY AN AGENCY LOCATED IN THE MARITIME PORT OF SHIPMENT AND FOR FORWARDING COMPLETED FIRST COPIES OF CERTIFICATES AND THE RELEVANT BILLS OF LADING TO THE ORGANIZATION . ALL SUCH ARRANGEMENTS SHALL BE AGREED BETWEEN THE MEMBER AND THE EXECUTIVE DIRECTOR .

11 . CERTIFICATES OF ORIGIN IN FORM O NEED NOT BE ISSUED TO COVER :

( A ) SMALL QUANTITIES OF COFFEE FOR DIRECT CONSUMPTION AS STORES ON SHIPS , AIRCRAFT AND OTHER INTERNATIONAL COMMERCIAL CARRIERS ; AND

( B ) SAMPLES AND PARCELS UP TO A MAXIMUM NET WEIGHT AS STORES ON SHIPS , AIRCRAFT AND OTHER INTERNATIONAL COMMERCIAL CARRIERS ; AND

( I ) 120 KG OF DRIED COFFEE CHERRY ; OR

( II ) 75 KG OF PARCHMENT COFFEE ; OR

( III ) 50 * 4 KG OF ROASTED COFFEE ; OR

( IV ) 20 KG OF SOLUBLE OR LIQUID COFFEE .

12 . CERTIFYING AGENCIES SHALL MAINTAIN RECORDS OF ALL CERTIFICATES OF ORIGIN IN FORM O WHICH THEY ISSUE FOR A PERIOD OF NOT LESS THAN FOUR YEARS . SUCH RECORDS SHALL BE MADE AVAILABLE TO THE EXECUTIVE DIRECTOR ON REQUEST .

13 . EACH EXPORTING MEMBER SHALL FURNISH TO THE EXECUTIVE DIRECTOR ANY INFORMATION HE MAY REQUEST IN CONNECTION WITH EXPORTS OF COFFEE COVERED BY CERTIFICATES OF ORIGIN INCLUDING PORT RECORDS , CUSTOMS RECORDS , CONTRACTS AND OTHER COMMERCIAL DOCUMENTS . THE EXECUTIVE DIRECTOR MAY ESTABLISH A PROCEDURE FOR THE INSPECTION OF SUCH INFORMATION .

RULE 7

RESPONSIBILITIES OF EXPORTERS IN EXPORTING MEMBER COUNTRIES

1 . THE RESPONSIBILITY FOR ENSURING THE PROPER USE OF CERTIFICATES OF ORIGIN RESTS WITH EXPORTING MEMBERS .

2 . EACH EXPORTING MEMBER SHALL BE RESPONSIBLE FOR REQUIRING EXPORTERS TO SEEK THE COOPERATION OF BUYERS IN ENSURING THAT THE ORIGINAL OF EACH CERTIFICATE OF ORIGIN IN FORM O COVERING A PARCEL OF COFFEE IMPORTED INTO A MEMBER COUNTRY IS PRESENTED TO THE CUSTOMS SERVICE OF THE IMPORTING COUNTRY AND THAT THE ORIGINAL OF EACH CERTIFICATE OF ORIGIN IN FORM O COVERING A PARCEL OF COFFEE DIVERTED TO A NON-MEMBER COUNTRY IS FORWARDED IMMEDIATELY TO THE ORGANIZATION BY THE TRADER SELLING THE COFFEE TO THE NON-MEMBER COUNTRY MARKED " WITHDRAWN , DESTINATION CHANGED TO ... " ( NAME OF NON-MEMBER COUNTRY ) . THESE REQUIREMENTS MAY BE MADE CONDITIONS OF SALE .

RULE 8

EXPORTS TO NON-MEMBER COUNTRIES

1 . SUBJECT TO THE EXCEPTIONS DESCRIBED IN PARAGRAPH 10 EVERY EXPORT OF COFFEE FROM ANY MEMBER TO ANY NON-MEMBER SHALL BE COVERED BY A VALID CERTIFICATE OF ORIGIN IN FORM X COMPLETED AND ISSUED IN ACCORDANCE WITH THESE RULES .

2 . EVERY EXPORT OF COFFEE SHALL BE ALLOCATED AN INTERNATIONAL COFFEE ORGANIZATION INDENTIFICATION MARK IN ACCORDANCE WITH THE PROVISIONS OF RULE 5 . THE IDENTIFICATION MARK SHALL BE PRINTED INSIDE A BOX ON ALL THE BAGS OR OTHER CONTAINERS AND SHALL BE SHOWN ON THE CERTIFICATE OF ORIGIN .

3 . PRODUCING MEMBERS SHALL ENSURE THAT THE FRONT AND BACK OF ALL BAGS OR OTHER CONTAINERS IN SHIPMENTS DESTINED DIRECTLY OR INDIRECTLY TO NON-MEMBER COUNTRIES ARE CLEARLY MARKED " NON-MEMBER " IN BOLD RED LETTERING .

4 . THE ORIGINAL AND THE FIRST COPY OF EACH CERTIFICATE OF ORIGIN IN FORM X SHALL BEAR THE CACHET OF THE CUSTOMS SERVICE OF THE ISSUING MEMBER . THIS SHALL BE APPLIED BY THE CUSTOMS SERVICE WHEN IT IS SATISFIED THAT EXPORT HAS TAKEN PLACE . ORIGINALS OF CERTIFICATES OF ORIGIN IN FORM X SHALL BE WITHDRAWN BY THE CUSTOMS AND TOGETHER WITH THE FIRST COPY OF EACH CERTIFICATE AND A COPY OF THE RELEVANT BILL OF LADING SHALL BE SENT BY THE SAFEST AND QUICKEST POSSIBLE MEANS TO THE ORGANIZATION BY THE ISSUING MEMBER AS SOON AS POSSIBLE AND IN ANY CASE WITHIN 21 DAYS OF THE DATE OF SHIPMENT . IF A PARCEL OF COFFEE MOVES OVERLAND TO ITS DESTINATION , INSTEAD OF A BILL OF LADING A COPY OF THE RELEVANT WAYBILL OR OTHER EQUIVALENT DOCUMENT SHALL ACCOMPANY THE ORIGINAL AND FIRST COPY OF THE CERTIFICATE OF ORIGIN IN FORM X FORWARDED TO THE ORGANIZATION .

5 . ORIGINALS AND FIRST COPIES OF CERTIFICATES OF ORIGIN IN FORM X AND BILLS OF LADING OR EQUIVALENT DOCUMENTS FORWARDED TO THE ORGANIZATION UNDER THE PROVISIONS OF PARAGRAPH 4 SHALL BE SENT IN SECURELY PACKED BATCHES OF NOT MORE THAN 50 SETS OF DOCUMENTS ( 1 ) . EACH BATCH SHALL CONTAIN ONLY DOCUMENTS ISSUED TO COVER EXPORTS MADE IN THE SAME MONTH .

6 . EXCEPT AS OTHERWISE AGREED BETWEEN THE MEMBER AND THE EXECUTIVE DIRECTOR EACH BATCH OF CERTIFICATES AND BILLS OF LADING OR EQUIVALENT DOCUMENTS SHALL BE ACCOMPANIED BY A COVERING NOTE LISTING THE REFERENCE NUMBER OF EACH DOCUMENT ENCLOSED THEREWITH AND THE NET QUANTITY OF COFFEE COVERED BY EACH DOCUMENT . EACH BATCH OF DOCUMENTS AND THE ACCOMPANYING COVERING NOTE SHALL BEAR A SERIAL NUMBER . A COPY OF THE COVERING NOTE SHALL BE FORWARDED SIMULTANEOUSLY TO THE ORGANIZATION UNDER SEPARATE COVER .

7 . EXCEPT AS OTHERWISE AGREED BETWEEN THE MEMBER AND THE EXECUTIVE DIRECTOR , THE EXECUTIVE DIRECTOR SHALL ACKNOWLEDGE RECEIPT OF EACH BATCH OF DOCUMENTS BY STAMPING AND RETURNING THE COVERING NOTE .

8 . NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS 1 AND 4 , IF THE MARITIME PORT OF SHIPMENT IS NOT IN THE COUNTRY OF ORIGIN OF THE COFFEE AND THE MEMBER FINDS THAT IT IS IMPRACTICABLE TO ISSUE COMPLETED CERTIFICATES OF ORIGIN IN FORM X PRIOR TO EXPORT FROM ORIGIN , THE MEMBER MAY MAKE ARRANGEMENTS FOR ISSUING THE NECESSARY CERTIFICATES OF ORIGIN IN FORM X , EITHER PARTIALLY OR WHOLLY , BY AN AGENCY LOCATED IN THE MARITIME PORT OF SHIPMENT AND FOR FORWARDING COMPLETED FIRST COPIES OF CERTIFICATES AND THE RELEVANT BILLS OF LADING TO THE ORGANIZATION . ALL SUCH ARRANGEMENTS SHALL BE AGREED BETWEEN THE MEMBER AND THE EXECUTIVE DIRECTOR .

9 . THE INTERNATIONAL COFFEE ORGANIZATION IDENTIFICATION MARK AND THE REFERENCE NUMBER OF THE CERTIFICATE OF ORIGIN ( COMPOSED OF THE COUNTRY CODE , PORT CODE AND SERIAL NUMBER ) SHALL BE INCLUDED ON AT LEAST ONE OF THE DOCUMENTS FORWARDED TO THE BUYER , FOR EXAMPLE THE INVOICE , THE CONTRACT OR THE BILL ( S ) OF LADING .

10 . CERTIFICATES OF ORIGIN IN FORM X NEED NOT BE ISSUED TO COVER :

( A ) SMALL QUANTITIES OF COFFEE FOR DIRECT CONSUMPTION AS STORES ON SHIPS , AIRCRAFT AND OTHER INTERNATIONAL COMMERCIAL CARRIERS ; AND

( 1 ) A SET OF DOCUMENTS SHALL CONSIST OF THE ORIGINAL AND THE FIRST COPY OF A CERTIFICATE OF ORIGIN IN FORM X AND THE RELEVANT BILL OF LADING OR EQUIVALENT DOCUMENT OR THE FIRST COPY OF A CERTIFICATE OF ORIGIN IN FORM O AND THE RELEVANT BILL OF LADING OR EQUIVALENT DOCUMENT .

( B ) SAMPLES AND PARCELS UP TO A MAXIMUM NET WEIGHT OF 60 KG OF GREEN COFFEE OR THE EQUIVALENT THEREOF NAMELY :

( I ) 120 KG OF DRIED COFFEE CHERRY ; OR

( II ) 75 KG OF PARCHMENT COFFEE ; OR

( III ) 50 * 4 KG OF ROASTED COFFEE ; OR

( IV ) 20 KG OF SOLUBLE OR LIQUID COFFEE .

11 . CERTIFYING AGENCIES SHALL MAINTAIN RECORDS OF ALL CERTIFICATES OF ORIGIN IN FORM X WHICH THEY ISSUE FOR A PERIOD OF NOT LESS THAN FOUR YEARS . SUCH RECORDS SHALL BE MADE AVAILABLE TO THE EXECUTIVE DIRECTOR ON REQUEST .

12 . EACH EXPORTING MEMBER SHALL FURNISH TO THE EXECUTIVE DIRECTOR ANY INFORMATION HE MAY REQUEST IN CONNECTION WITH EXPORTS OF COFFEE COVERED BY CERTIFICATES OF ORIGIN INCLUDING PORT RECORDS , CUSTOMS RECORDS , CONTRACTS AND OTHER COMMERCIAL DOCUMENTS . THE EXECUTIVE DIRECTOR MAY ESTABLISH A PROCEDURE FOR THE INSPECTION OF SUCH INFORMATION .

RULE 9

IMPORTS BY MEMBERS

1 . AS PROVIDED FOR IN PARAGRAPH ( 5 ) OF ARTICLE 2 OF THE INTERNATIONAL COFFEE AGREEMENT 1976 , IMPORTING MEMBERS , WHILE UNDER NO OBLIGATION TO DEMAND THAT CERTIFICATES ACCOMPANY CONSIGNMENTS WHEN QUOTAS ARE NOT IN FORCE , SHALL COOPERATE FULLY WITH THE ORGANIZATION IN THE COLLECTION AND VERIFICATION OF CERTIFICATES RELATING TO SHIPMENTS RECEIVED FROM EXPORTING MEMBER COUNTRIES IN ORDER TO ENSURE THAT THE MAXIMUM INFORMATION IS AVAILABLE TO ALL MEMBER COUNTRIES .

2 . WHEN COFFEE IS IMPORTED INTO A MEMBER COUNTRY AND AN ORIGINAL CERTIFICATE OF ORIGIN IN FORM O IS PRESENTED TO THE CUSTOMS SERVICE , THE LATTER SHALL VERIFY THE QUANTITY OF COFFEE IMPORTED AND SHALL COMPLETE THE LEFT HAND SECTION OF PART B OF THE CERTIFICATE IN ACCORDANCE WITH THE INSTRUCTIONS CONTAINED IN PARAGRAPH 18 OF ANNEX 1 B .

3 . SUBJECT TO THE EXCEPTIONS DESCRIBED IN PARAGRAPH 4 EACH MEMBER SHALL BE RESPONSIBLE FOR ENSURING THAT IN RESPECT OF EVERY PARCEL OF COFFEE IMPORTED WITHOUT THE PRESENTATION OF AN ORIGINAL CERTIFICATE OF ORIGIN IN FORM O , AN IMPORT RETURN IN FORM I IS COMPLETED AND THAT THE CUSTOMS SERVICE CERTIFIES THAT THE COFFEE DESCRIBED THEREIN WAS IMPORTED .

4 . AN IMPORT RETURN SHALL NOT BE REQUIRED IN THE CASE OF SAMPLES AND PARCELS OF COFFEE UP TO A MAXIMUM NET WEIGHT OF 60 KG OF GREEN COFFEE OR THE EQUIVALENT THEREOF ( SEE SUBPARAGRAPH ( B ) OF PARAGRAPH 11 OF RULE 6 ) NOR IN THE CASE OF AN IMPORTATION FROM AN IMPORTING MEMBER OF COFFEE PROCESSED IN AN IMPORTING MEMBER COUNTRY .

5 . WHENEVER CHECK-WEIGHING IS CARRIED OUT THE CUSTOMS SERVICE SHALL ENTER THE ACTUAL NET WEIGHT IMPORTED UNDER " OBSERVATIONS " IN BOX 18 IN PART B OF THE CERTIFICATE OR IN BOX 13 IN PART B OF THE IMPORT RETURN .

6 . ORIGINALS OF CERTIFICATES OF ORIGIN COLLECTED AND IMPORT RETURNS ISSUED AND COMPLETED IN ACCORDANCE WITH PARAGRAPHS 2 , 3 AND 5 SHALL BE FORWARDED TO THE ORGANIZATION BY THE SAFEST AND QUICKEST POSSIBLE MEANS AS SOON AS POSSIBLE AND IN ANY CASE WITHIN 30 DAYS OF THE CLOSE OF THE MONTH OF COLLECTION IN THE CASE OF CERTIFICATES OF ORIGIN OR OF ISSUE IN THE CASE OF IMPORT RETURNS .

7 . ORIGINALS OF CERTIFICATES OF ORIGIN AND IMPORT RETURNS FORWARDED TO THE ORGANIZATION UNDER THE PROVISIONS OF PARAGRAPH 6 SHALL BE SENT IN SECURELY PACKED BATCHES OF NOT MORE THAN 100 DOCUMENTS .

8 . EXCEPT AS OTHERWISE AGREED BETWEEN THE MEMBER AND THE EXECUTIVE DIRECTOR , EACH BATCH OF CERTIFICATES OF ORIGIN AND IMPORT RETURNS SHALL BE ACCOMPANIED BY A COVERING NOTE LISTING THE REFERENCE NUMBERS OF THE CERTIFICATES OF ORIGIN ENCLOSED THEREWITH AND EITHER THE SERIAL NUMBERS OF THE IMPORT RETURNS ENCLOSED THEREWITH OR THE CUSTOMS ENTRY NUMBERS RELATING TO THE PARCELS OF COFFEE COVERED BY THE RETURNS . THE LIST SHALL ALSO SHOW THE NET QUANTITY OF COFFEE COVERED BY THE RETURNS . THE LIST SHALL ALSO SHOW THE NET QUANTITY OF COFFEE COVERED BY EACH DOCUMENT . EACH BATCH OF DOCUMENTS AND THE ACCOMPANYING COVERING NOTE SHALL BEAR A SERIAL NUMBER . A COPY OF THE COVERING NOTE SHALL BE FORWARDED SIMULTANEOUSLY TO THE ORGANIZATION UNDER SEPARATE COVER .

9 . EXCEPT AS OTHERWISE AGREED BETWEEN THE MEMBER AND THE EXECUTIVE DIRECTOR , THE EXECUTIVE DIRECTOR SHALL ACKNOWLEDGE RECEIPT OF EACH BATCH OF DOCUMENTS BY STAMPING AND RETURNING THE COVERING NOTE .

10 . THE CUSTOMS SERVICE SHALL MAINTAIN RECORDS OF ALL IMPORT RETURNS WHICH IT COLLECTS FROM IMPORTERS OR THEIR AGENTS FOR A PERIOD OF ONE YEAR .

RULE 10

ENTRY INTO FORCE AND SUSPENSION

1 . UNLESS ELSEWHERE PROVIDED FOR OR OTHERWISE DEFERRED BY RESOLUTION OF THE INTERNATIONAL COFFEE COUNCIL , THESE RULES SHALL ENTER INTO FORCE ON 1 OCTOBER 1976 AND SHALL CEASE TO BE APPLIED ON THE DATE ON WHICH QUOTAS COME INTO EFFECT . THEREAFTER , UNLESS THE COUNCIL DECIDES OTHERWISE , THEY SHALL ENTER INTO FORCE AGAIN ON THE DATE ON WHICH QUOTAS ARE SUSPENDED AND SHALL CEASE TO BE APPLIED ON THE DATE ON WHICH QUOTAS ARE RE-INTRODUCED .

2 . EXCEPT AS PROVIDED FOR IN PARAGRAPH 4 OF RULE 9 , FROM 1 OCTOBER 1976 TO 31 DECEMBER 1976 , AN IMPORT RETURN IN FORM I SHALL BE COMPLETED IN RESPECT OF EVERY PARCEL OF COFFEE IMPORTED WITHOUT THE PRESENTATION OF AN ORIGINAL CERTIFICATE OF ORIGIN IN FORM O UNLESS THE IMPORTER PROVES TO THE SATISFACTION OF THE CUSTOMS SERVICE THAT THE COFFEE IN QUESTION WAS EXPORTED PRIOR TO 1 OCTOBER 1976 . FROM 1 JANUARY 1977 , IMPORT RETURNS SHALL BE ISSUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 9 .

RULE 11

TRANSITIONAL ARRANGEMENTS

1 . WHENEVER QUOTAS ARE SUSPENDED , EACH IMPORTING MEMBER SHALL CONTINUE TO COLLECT AND VERIFY ALL CERTIFICATES ISSUED IN ACCORDANCE WITH THE RULES FOR THE APPLICATION OF A SYSTEM OF CERTIFICATES OF ORIGIN WHEN QUOTAS ARE IN EFFECT TO COVER COFFEE EXPORTED PRIOR TO THE DATE OF SUSPENSION . IN THE ABSENCE OF SUCH CERTIFICATES , IMPORTING MEMBERS SHALL ISSUE IMPORT RETURNS IN ACCORDANCE WITH THE PROVISIONS OF RULE 9 .

2 . CERTIFICATES COLLECTED UNDER THE PROVISIONS OF PARAGRAPH 1 SHALL BE DEALT WITH IN THE MANNER DESCRIBED IN RULE 9 .

RULE 12

IMPLEMENTATION

THE EXECUTIVE DIRECTOR SHALL HAVE THE RESPONSIBILITY FOR TAKING SUCH ACTION AS HE CONSIDERS NECESSARY TO ENSURE THE EFFECTIVE IMPLEMENTATION OF THE MEASURES RELATING TO CERTIFICATES OF ORIGIN PROVIDED FOR IN THE AGREEMENT AND TO IMPORT RETURNS PROVIDED FOR IN THESE RULES .

RULE 13

AMENDMENTS

THE EXECUTIVE BOARD SHALL KEEP THESE RULES UNDER REVIEW AND MAY MAKE SUCH AMENDMENTS TO THEM AS IT CONSIDERS DESIRABLE .

RULE 14

COMPLIANCE

IF DURING COFFEE YEARS 1976/77 OR 1977/78 AN EXPORTING MEMBER ISSUES CERTIFICATES OF ORIGIN IN FORM O PURPORTING TO COVER EXPORTS TO IMPORTING MEMBER COUNTRIES AND IT IS ESTABLISHED THAT THE CERTIFICATES COVER QUANTITIES OF COFFEE NOT PRODUCED BY THAT MEMBER , THE COUNCIL SHALL DEDUCT A QUANTITY EQUAL TO 200 % OF THAT EXCESS FROM THE FIRST ANNUAL QUOTA ESTABLISHED FOR THAT MEMBER .

ANNEXES : SEE O.J . N L 309 OF 10 . 11 . 76