CHAPTER I
SUBJECT MATTER AND DEFINITIONS
Article 1
This Regulation sets up a United Kingdom system of certification...
Article 2
For the purposes of this Regulation the following definitions shall...
CHAPTER II
IMPORT REGIME
Article 3
The import of rough diamonds into the United Kingdom ......
Article 4
(1) Containers and the corresponding certificates shall without delay be...
Article 5
(1) If the United Kingdom competent authority establishes that the...
Article 6
(1) Until the date of applicability of the Articles referred...
Article 7
Notwithstanding the provisions of Articles 3, 4 and 5, a...
Article 8
(1) The United Kingdom competent authority shall consult participants on...
Article 9
The Commission shall provide all Community authorities with authenticated specimens...
Article 10
(1) Community authorities shall provide the Commission with a monthly...
CHAPTER III
EXPORT REGIME
Article 11
The export from the United Kingdom ... of rough diamonds...
Article 12
(1) The United Kingdom competent authority may issue a United...
Article 13
If an exporter is a member of a diamond organisation...
Article 14
(1) If the United Kingdom competent authority establishes that a...
Article 15
(1) Community authorities shall provide the Commission with a monthly...
Article 16
(1) The United Kingdom competent authority shall consult participants on...
CHAPTER IV
INDUSTRY SELF-REGULATION
Article 17
(1) Organisations representing traders in rough diamonds which have established...
CHAPTER V
TRANSIT
Article 18
Articles 4, 11, 12, and 14 shall not apply to...
CHAPTER VI
GENERAL PROVISIONS
Article 19
(1) Member States may designate one or more authorities in...
Article 20
On the basis of relevant Information provided to the Chair...
Article 21
(1) The Union, including Greenland, shall be a participant in...
Article 22
(1) In the performance of its duties under Articles 8,...
Article 23
The Committee referred to in Article 22 may examine any...
Article 24
(1) Any natural or legal person providing services directly or...
Article 25
Information supplied in accordance with this Regulation shall be used...
Article 26
Compliance with this Regulation does not discharge any natural or...
Article 27
Each Member State shall determine the sanctions to be imposed...
Article 28
This Regulation shall apply: within the United Kingdom, including its...
Article 29
Amendments to the certification scheme (1) Where the condition in...
ANNEX I
Kimberley Process Certification Scheme
PREAMBLE
SECTION I
Definitions
SECTION II
The Kimberley Process Certificate
SECTION III
Undertakings in respect of the international trade in rough diamonds
SECTION IV
Internal controls
Undertakings by Participants
Principles of Industry Self-Regulation
SECTION V
Cooperation and transparency
SECTION VI
Administrative matters
MEETINGS
1.
Participants and Observers are to meet in Plenary annually, and...
2.
Participants should adopt Rules of Procedure for such meetings at...
3.
Meetings are to be held in the country where the...
4.
At the end of each Plenary meeting, a Chair would...
5.
Participants are to reach decisions by consensus. In the event...
ADMINISTRATIVE SUPPORT
6.
For the effective administration of the Certification Scheme, administrative support...
7.
Administrative support could include the following functions:
PARTICIPATION
8.
Participation in the Certification Scheme is open on a global,...
9.
Any applicant wishing to participate in the Certification Scheme should...
10.
Participants intend to invite representatives of civil society, the diamond...
PARTICIPANT MEASURES
11.
Participants are to prepare, and make available to other Participants,...
12.
The agenda of annual Plenary meetings is to include an...
13.
Where further clarification is needed, Participants at Plenary meetings, upon...
14.
Review missions are to be conducted in an analytical, expert...
15.
A report on the results of compliance verification measures is...
COMPLIANCE AND DISPUTE PREVENTION
16.
In the event that an issue regarding compliance by a...
MODIFICATIONS
17.
This document may be modified by consensus of the Participants....
18.
Modifications may be proposed by any Participant. Such proposals should...
19.
The Chair is to circulate any proposed modification expeditiously to...
REVIEW MECHANISM
20.
Participants intend that the Certification Scheme should be subject to...
THE START OF THE IMPLEMENTATION OF THE SCHEME
21.
The Certification Scheme should be established at the Ministerial Meeting...
Annex I to ANNEX I
CERTIFICATES
A.
Minimum requirements for Certificates
B.
Optional Certificate Elements
C.
Optional Procedures
Annex II to ANNEX I
RECOMMENDATIONS AS PROVIDED FOR IN SECTION IV, PARAGRAPH (F)
General Recommendations
1.
Participants may appoint an official coordinator(s) to deal with the...
2.
Participants may consider the utility of complementing and/or enhancing the...
3.
Participants are encouraged to maintain the information and data required...
4.
Participants are encouraged to transmit and receive electronic messages in...
5.
Participants that produce diamonds and that have rebel groups suspected...
6.
Participants are encouraged to make known the names of individuals...
7.
Participants are encouraged to ensure that all cash purchases of...
8.
Participants that produce diamonds should analyse their diamond production under...
Recommendations for Control over Diamond Mines
9.
Participants are encouraged to ensure that all diamond mines are...
10.
Participants are encouraged to ensure that prospecting and mining companies...
Recommendations for Participants with Small-scale Diamond Mining
11.
All artisanal and informal diamond miners should be licensed and...
12.
Licensing records should contain the following minimum information: name, address,...
Recommendations for Rough Diamond Buyers, Sellers and Exporters
13.
All diamond buyers, sellers, exporters, agents and courier companies involved...
14.
Licensing records should contain the following minimum information: name, address...
15.
All rough diamond buyers, sellers and exporters should be required...
16.
The information in paragraph 14 above should be entered into...
Recommendations for Export Processes
17.
A exporter should submit a rough diamond shipment to the...
18.
The Exporting Authority is encouraged, prior to validating a Certificate,...
19.
Rough diamonds should be sealed in a tamper proof container...
20.
The Exporting Authority should record all details of rough diamond...
Recommendations for Import Processes
21.
The Importing Authority should receive an e-mail message either before...
22.
The Importing Authority should inspect the shipment of rough diamonds...
23.
The Importing Authority should open and inspect the contents of...
24.
Where applicable and when requested, the Importing Authority should send...
25.
The Importing Authority should record all details of rough diamond...
Recommendations on Shipments to and from Free Trade Zones
26.
Shipments of rough diamonds to and from free trade zones...
Annex III to ANNEX I
STATISTICS
Recognising that reliable and comparable data on the production and...
to keep and publish within two months of the reference...
ANNEX II
List of participants in the Kimberley Process certification scheme and their duly appointed competent authorities as referred to in Articles 2, 3, 8, 9, 12, 17, 18, 19 and 20
ANNEX III
List of Member States' competent authorities and their tasks as referred to in Articles 2 and 19
ANNEX IV
Community certificate as referred to in Article 2
ANNEX V
List of diamond organisations implementing the system of warranties and industry self-regulation referred to in Articles 13 and 17
Council Regulation (EC) No 2368/2002
of 20 December 2002
implementing the Kimberley Process certification scheme for the international trade in rough diamonds
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
The sanctions adopted by the United Nations Security Council against the rebel movements in Sierra Leone and Angola and against the Liberian government, prohibiting under certain conditions imports of rough diamonds from Liberia, Angola and Sierra Leone have not been able to stop the flow of conflict diamonds into the legitimate trade or to bring the conflicts to a halt.
(2)
The Göteborg European Council of June 2001 endorsed a programme for the prevention of violent conflicts, which states, inter alia, that the Member States and the Commission will tackle the illicit trade in high-value commodities, including by identifying ways of breaking the link between rough diamonds and violent conflicts and supporting the Kimberley Process.
(3)
Council Regulation (EC) No 303/2002 of 18 February 2002 concerning the importation into the Community of rough diamonds from Sierra Leone prohibits, under certain conditions, the importation of rough diamonds into the Community.
(4)
There is a need to complement the existing measures with effective controls over the international trade in rough diamonds in order to prevent the trade in conflict diamonds from financing the efforts of rebel movements and their allies to undermine legitimate governments. Effective control will help maintain international peace and security and will also protect the revenue from exports of rough diamonds, which is essential for the development of producer countries in Africa.
(5)
The Kimberley Process negotiations, bringing together the Community and producer and trading countries representing practically all international trade in rough diamonds, as well as the diamond industry and representatives of civil society, were initiated with a view to developing such an effective control system. They led to the development of a certification scheme.
(6)
All participants accepted the outcome of the negotiations as the basis for implementing measures within their own jurisdiction.
(7)
In its resolution 56/263 the UN General Assembly welcomed the certification scheme developed in the Kimberley Process and called on all interested parties to participate in that scheme.
(8)
Implementation of the certification scheme requires that the imports and exports of rough diamonds into or from the territory of the Community be made subject to the certification scheme, including the issue of the relevant certificates by participants in the scheme.
(9)
Each Member State may designate the authority or authorities responsible for the implementation of the relevant provisions of this Regulation within its territory and may limit the number of authorities.
(10)
The validity of certificates for imported rough diamonds should be properly verified by the competent authorities of the Community.
(11)
Compliance with this Regulation should not be construed as equivalent or as an alternative to compliance with any other requirements under Community legislation.
(12)
In order to increase the effectiveness of the certification scheme, circumvention or attempts to circumvent should be prevented. Likewise, providers of ancillary or directly related services should exercise due diligence in establishing that the provisions of this Regulation are duly applied.
(13)
Export certificates for rough diamonds should only be issued and validated where there is conclusive evidence that those diamonds have been imported under a certificate.
(14)
Circumstances may justify that the competent authority of the importing participant should send the competent authority of the exporting participant confirmation of import of shipments of rough diamonds.
(15)
A system of warranties and industry self-regulation of the kind proposed by the representatives of the rough diamond industry in the Kimberley Process could facilitate the provision of such conclusive evidence.
(16)
Provisions should be made to allow the export of rough diamonds imported before the applicability of specific import controls provided for by this Regulation.
(17)
Each Member State should determine the sanctions applicable in the event of a breach of this Regulation.
(18)
The provisions of this Regulation concerning the import and export of rough diamonds should not apply to rough diamonds transiting the Community in the course of export to another Participant.
(19)
For the purposes of implementing the certification scheme, the Community should be a participant in the Kimberley Process certification scheme. It should be represented by the Commission at meetings of participants in the Kimberley Process certification scheme.
(20)
The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission .
(21)
A forum should be created to enable the Commission and the Member States to examine questions concerning the application of this Regulation.
(22)
This Regulation should enter into force on the day of its publication, but the provisions on import and export control should be suspended until a date has been agreed in the Kimberley Process for the simultaneous implementation of the import and export controls by all participants,
HAS ADOPTED THIS REGULATION:
OJ L 47, 19.2.2002, p. 8.
OJ L 184, 17.7.1999, p. 23.