20.3.2014   

EN

Official Journal of the European Union

L 84/69

(1)

Council Regulation (EC) No 2368/2002 (2) sets up a Community System of certification and import and export controls for rough diamonds for the purposes of implementing the Kimberley Process certification scheme.

(2)

Greenland is not part of the Union territory but it is included in the list of overseas countries and territories set out in Annex II to the Treaty on the Functioning of the European Union (TFEU). In accordance with Article 198 TFEU, the purpose of the association of the overseas countries and territories with the Union is to promote the economic and social development of the overseas countries and territories and to establish close economic relations between them and the Union as a whole.

(3)

Council Decision 2014/136/EU (3) sets out the rules and procedures enabling Greenland’s participation in the Kimberley Process certification scheme on rough diamonds through its cooperation with the Union. Such cooperation would strengthen economic relations between the Union and Greenland in the diamond industry, and in particular it would enable Greenland to export rough diamonds accompanied by the EU Certificate issued for the purposes of the certification scheme, with a view to promoting the economic development of Greenland.

(4)

Regulation (EC) No 2368/2002 should be amended in order to enable Decision 2014/136/EU to enter into force and in particular to provide for the inclusion of Greenland in the certification scheme.

(5)

Accordingly, Greenland will be prohibited from accepting imports or exports of rough diamonds to or from a participant other than the Union without a valid certificate. The amendments contained in this Regulation will allow for the export of rough diamonds from Greenland to third countries as long as they are accompanied by the EU Certificate.

(6)

In addition to the existing condition for certification requiring evidence that the rough diamonds were lawfully imported into the Union, an alternative condition should be introduced for diamonds mined and extracted in Greenland that have never been exported before, in particular to provide evidence in this regard.

(7)

In addition, amendments should be made to the detailed arrangements for submitting rough diamonds to Union authorities for verification, extending to Greenland the special rules for transit, enabling Greenland’s participation in the Committee for the implementation of Regulation (EC) No 2368/2002 and providing for Greenland’s representation in the Kimberley Process and cooperation with other Member States through the Commission.

(8)

Regulation (EC) No 2368/2002 should therefore be amended accordingly,

(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:

(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.’.