Council Regulation (EC) No 2368/2002Dangos y teitl llawn

CHAPTER III U.K. EXPORT REGIME

Article 11 U.K.

[F1 The export from the [F2 United Kingdom] F3 ... of rough diamonds shall be prohibited unless both of the following conditions are fulfilled:]

(a)

the rough diamonds are accompanied by a corresponding [F4 United Kingdom certificate] issued and validated by [F5 the United Kingdom competent authority] [F6 , or a certificate issued and validated under this Regulation prior to IP completion day];

(b)

the rough diamonds are contained in tamper-resistant containers sealed in accordance with Article 12.

Textual Amendments

F1 Substituted by Regulation (EU) No 257/2014 of the European Parliament and of the Council of 26 February 2014 amending Council Regulation (EC) No 2368/2002 as regards the inclusion of Greenland in implementing the Kimberley Process certification scheme.

F2 Words in Regulation substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 11 omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 14(2); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Regulation substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 3(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Regulation substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 11(a) inserted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 14(3) (as amended by S.I. 2020/1473, regs. 1, 3); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K.

1. [F5 The United Kingdom competent authority] may issue a [F4 United Kingdom certificate] to an exporter when it has established that:

[F1 (a) the exporter has provided conclusive evidence that:

(i)

the rough diamonds for which a certificate is being requested were lawfully imported in accordance with Article 3; F7 ...

(ii)

F8 ...]

(b) the other information requested on the certificate is correct;

(c) the rough diamonds are effectively destined for arrival in the territory of a participant, and

(d) the rough diamonds are to be transported in a tamper-resistant container.

2. [F5 The United Kingdom competent authority] shall not validate a [F4 United Kingdom certificate] until it has verified that the content of the container matches the particulars on the corresponding certificate and that the tamper-resistant container containing the rough diamonds has subsequently been sealed on the responsibility of that authority.

3. [F5 The United Kingdom competent authority] shall opt for either of the following methods to verify that the content of a container matches the particulars thereon on the certificate:

(a) it will verify the content of each container; or

(b) it will identify the containers, the content of which shall be verified, on the basis of a risk analysis or equivalent system that gives due consideration to rough diamond shipments.

4. [F5 The United Kingdom competent authority] shall provide the exporter with an authenticated forgery-resistant copy of the [F4 United Kingdom certificate] it has validated. The exporter shall keep any copy accessible for at least three years.

5. The [F4 United Kingdom certificate] shall be valid for export for no more than two months from the date of issue. If the rough diamonds are not exported within this period, the [F4 United Kingdom certificate] shall be returned to F9 ... [F5 the United Kingdom competent authority].

Textual Amendments

F1 Substituted by Regulation (EU) No 257/2014 of the European Parliament and of the Council of 26 February 2014 amending Council Regulation (EC) No 2368/2002 as regards the inclusion of Greenland in implementing the Kimberley Process certification scheme.

F4 Words in Regulation substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 3(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Regulation substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F7 Word in Art. 12(1)(a)(i) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 15(2); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 12(1)(a)(ii) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 15(3); 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in Art. 12(5) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 15(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 13 U.K.

If an exporter is a member of a diamond organisation listed [F10 in the list of self-regulating diamond organisations, as published by the Secretary of State for the purposes of Article 17], [F5 the United Kingdom competent authority] may accept as conclusive evidence of lawful import into the [F11 United Kingdom] a signed declaration by the exporter to that effect. Such a declaration shall contain at least the information to be given in an invoice under Article 17(2)(a)(ii).

Textual Amendments

F5 Words in Regulation substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 13 substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 16(2); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 13 substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 16(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 14 U.K.

1. If [F5 the United Kingdom competent authority] establishes that a shipment of rough diamonds, for which a [F4 United Kingdom certificate] is requested, does not fulfil the conditions of Articles 11, 12, or 13, that authority shall detain the shipment.

2. If [F5 the United Kingdom competent authority] finds that the failure to fulfil the conditions is not made knowingly or intentionally or is the result of an action by another authority in the exercise of its proper duties, it may release the shipment and proceed with the issuing and validation of a [F4 United Kingdom certificate], after the necessary remedial measures have been taken to ensure that the conditions are met.

3. [F5 The United Kingdom competent authority] shall, within one month, inform F12 ... the competent authority of the participant that purportedly issued or validated the certificate for the shipment of any failure to fulfil the conditions.

Textual Amendments

F4 Words in Regulation substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 3(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Regulation substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 14(3) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 17; 2020 c. 1, Sch. 5 para. 1(1)

Article 15 U.K.

F13 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14 2. The United Kingdom competent authority shall keep for at least three years the authenticated copies provided for under Article 12(4) as well as all information received from an exporter to justify the issue and validation of a United Kingdom certificate.

The United Kingdom competent authority shall provide the Chair of the Kimberley Process Certification Scheme with access to those authenticated copies of this information as necessary for the monitoring or facilitation of the KP certification scheme.]

Textual Amendments

F13 Art. 15(1) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 18(2); 2020 c. 1, Sch. 5 para. 1(1)

F14 Art. 15(2) substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 18(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 16 U.K.

1. The [F15 United Kingdom competent authority] shall consult participants on the practical arrangements for obtaining confirmation of imports of rough diamonds exported from the [F16 United Kingdom] covered by a certificate validated by [F5 the United Kingdom competent authority].

F17 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Words in Regulation substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 16(1) substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 19(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 16(1) substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 19(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F17 Art. 16(2) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 19(3); 2020 c. 1, Sch. 5 para. 1(1)