CHAPTER IU.K.SUBJECT MATTER AND DEFINITIONS

[F1Article 1U.K.

This Regulation sets up a [F2United Kingdom] system of certification and import and export controls for rough diamonds for the purposes of implementing the Kimberley Process certification scheme.

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

This Regulation does not prejudice or substitute any provisions in force relating to customs formalities and controls.]

Textual Amendments

F1Substituted 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.

F2Words in Art. 1 substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 4(2); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in Art. 1 omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 4(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 2U.K.

For the purposes of this Regulation the following definitions shall apply:

(a)

‘Kimberley Process’ means the forum in which the participants have designed an international certification scheme for rough diamonds;

(b)

‘Kimberley Process certification scheme’ (hereinafter ‘KP certification scheme’) means the international certification scheme negotiated by the Kimberley Process as set out in Annex I;

(c)

[F4‘Participant’ means any State, regional economic integration organisation, WTO-member or separate customs territory that fulfils the requirements of the KP certification scheme [F5and has notified that fact to the Chair of the KP certification scheme];]

(d)

‘certificate’ means a document duly issued and validated by a participant's competent authority identifying a shipment of rough diamonds as being in compliance with the requirements of the KP certification scheme;

(e)

‘competent authority’ means the authority designated by a participant to issue, validate or verify certificates;

(f)

[F6‘United Kingdom competent authority’ means ‘the Secretary of State’;]

(g)

[F7‘United Kingdom certificate’ means a certificate issued by the United Kingdom competent authority;]

(h)

‘conflict diamonds’ means rough diamonds as defined under the KP Certification Scheme;

(i)

‘rough diamond’ means a diamond that is unworked or simply sawn, cleaved or bruted and falls under the Harmonised Commodity Description and Coding System 7102 10, 7102 21 and 7102 31 (hereinafter ‘HS code’);

(j)

‘imports’ means the physical entering or bringing into any part of the geographical territory of a participant;

(k)

‘export’ means the physical leaving or taking out of any part of the geographical territory of a participant;

(l)

‘shipment’ means one or more parcels;

(m)

‘parcel’ means one or more diamonds that are packed together;

(n)

‘parcel of mixed origin’ means a parcel that contains rough diamonds from two or more countries of origin;

(o)

F8...