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Council Regulation (EC) No 2368/2002Show full title
Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds
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Changes over time for: CHAPTER II
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CHAPTER IIU.K.IMPORT REGIME
Article 3U.K.
[F1The import of rough diamonds into the [F2United Kingdom] F3... shall be prohibited unless all of the following conditions are fulfilled:]
(a)
the rough diamonds are accompanied by a certificate validated by the competent authority of a participant;
(b)
the rough diamonds are contained in tamper-resistant containers, and the seals applied at export by that participant are not broken;
(c)
the certificate clearly identifies the consignment to which it refers.
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 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)
F3Words in Art. 3 omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 6; 2020 c. 1, Sch. 5 para. 1(1)
Article 4U.K.
[F41.Containers and the corresponding certificates shall without delay be submitted for verification to the United Kingdom competent authority.]
4.The importer shall be responsible for the proper movement of the rough diamonds and the costs thereof.
5.[F5The United Kingdom competent authority] shall opt for either of the following methods to verify that the content of a container matches the particulars on the corresponding certificate:
(a)it will open each container with a view to such verification; or
(b)it will identify the containers to be opened with a view to such verification on the basis of a risk analysis or equivalent system that gives due consideration to rough diamond shipments.
6.[F5The United Kingdom competent authority] shall complete the verification without delay.
Textual Amendments
F4Art. 4(1) substituted for Art. 4(1)-(3) (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 7; 2020 c. 1, Sch. 5 para. 1(1)
F5Words 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)
Article 5U.K.
1.If [F5the United Kingdom competent authority] establishes that the conditions in Article 3 are:
(a)fulfilled, it shall confirm this on the original certificate and provide the importer with an authenticated and forgery-resistant copy of that confirmed certificate. This confirmation procedure shall take place within 10 working days of the submission of the certificate;
(b)not fulfilled, it shall detain the shipment.
2.If [F5the 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 proceed with the confirmation and release the shipment, after the necessary remedial measures have been taken to ensure that the conditions are met.
3.[F5The United Kingdom competent authority] shall, within one month, inform F6... 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
F5Words 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)
F6Words in Art. 5(3) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 8; 2020 c. 1, Sch. 5 para. 1(1)
F7Article 6U.K.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Art. 6 omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 9; 2020 c. 1, Sch. 5 para. 1(1)
F8Article 7U.K.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Art. 7 omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 10; 2020 c. 1, Sch. 5 para. 1(1)
Article 8U.K.
[F11.[F9The United Kingdom competent authority] shall consult participants on the practical arrangements for providing the competent authority of the exporting participant that has validated a certificate with confirmation of imports into the [F2United Kingdom]F10....]
F112.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 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)
F9Words in Art. 8(1) substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 11(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 8(1) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 11(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F11Art. 8(2) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 11(3); 2020 c. 1, Sch. 5 para. 1(1)
F12Article 9U.K.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Art. 9 omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 12; 2020 c. 1, Sch. 5 para. 1(1)
Article 10U.K.
F131.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.[F5The United Kingdom competent authority] shall keep the originals of certificates provided for under Article 3(a) submitted for verification for at least three years. It shall provide [F14the Chair of the Kimberley Process Certification Scheme] with access to these original certificates [F15as necessary for the monitoring or facilitation of the KP certification scheme].
Textual Amendments
F5Words 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)
F13Art. 10(1) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 13(2); 2020 c. 1, Sch. 5 para. 1(1)
F14Words in Art. 10(2) substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 13(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F15Words in Art. 10(2) substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 13(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
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