Legal provisions of COM(2013)427 - Amendment of Council Regulation (EC) No 2368/2002 as regards the inclusion of Greenland in implementing the Kimberley Process certification scheme

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dossier COM(2013)427 - Amendment of Council Regulation (EC) No 2368/2002 as regards the inclusion of Greenland in implementing the Kimberley ...
document COM(2013)427 EN
date February 26, 2014

Contents

Article 1

Regulation (EC) No 2368/2002 is amended as follows:

(1)Article 1 is replaced by the following:

‘Article 1

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

For the purposes of the certification scheme, the territory of the Union and that of Greenland shall be considered as one entity without internal borders.

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

(2)in Article 3, the introductory phrase is replaced by the following:

‘The import of rough diamonds into the Community (4) territory or Greenland shall be prohibited unless all of the following conditions are fulfilled:

(3)in Article 4, paragraph 1 is replaced by the following:

‘1.   Containers and the corresponding certificates shall without delay be submitted for verification together, to a Community authority either in the Member State where they are imported or in the Member State for which they are destined, as indicated in accompanying documents. Containers destined for Greenland shall be submitted for verification to one of the Community authorities, either in the Member State where they are imported, or in one of the other Member States where a Community authority is established.’;

(4)in Article 8, paragraph 1 is replaced by the following:

‘1.   The Commission 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 Community territory or Greenland.’;

(5)in Article 11, the introductory phrase is replaced by the following:

‘The export from the Community territory or Greenland of rough diamonds shall be prohibited unless both of the following conditions are fulfilled:’;

(6)in Article 12(1), point (a) is replaced by the following:

‘(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; or

(ii)the rough diamonds for which a certificate is being requested were mined or extracted in Greenland in case the rough diamonds have not been previously exported to a participant other than the Union.’;

(7)Article 18 is replaced by the following:

‘Article 18

Articles 4, 11, 12, and 14 shall not apply to rough diamonds which enter the Community territory or Greenland solely for the purposes of transit to a participant outside those territories, on condition that neither the original container in which rough diamonds are being transported nor the original accompanying certificate issued by a competent authority of a participant has been tampered with at entry into or exit from the Community territory or Greenland, and the transit purpose is clearly attested by the accompanying certificate.’;

(8)Article 21 is replaced by the following:

‘Article 21

1. The Union, including Greenland, shall be a participant in the KP certification scheme.

2. The Commission, which represents the Union, including Greenland, in the KP certification scheme, shall aim to ensure optimal implementation of the KP certification scheme, in particular through cooperation with participants. To this end, the Commission shall, in particular, exchange information with participants on international trade in rough diamonds and, where appropriate, cooperate in monitoring activities and in the settlement of any disputes that may arise.’;

(9)Article 23 is replaced by the following:

‘Article 23

The Committee referred to in Article 22 may examine any question concerning the application of this Regulation. Such questions may be raised either by the chairman or by a representative of a Member State or Greenland.’.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.