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Summaries of EU Legislation

Trade in rough diamonds: implementing the Kimberley Process

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Trade in rough diamonds: implementing the Kimberley Process

 

SUMMARY OF:

Regulation (EC) No 2368/2002 — Kimberley Process certification scheme for the international trade in rough diamonds

WHAT IS THE AIM OF THE REGULATION?

To set up a certification system for importing and exporting rough diamonds. Its main purpose is to implement the Kimberley Process certification scheme (KPCS)*, which aims to ensure that rough diamond purchases are not used for financing violence by rebel movements seeking to undermine legitimate governments.

KEY POINTS

  • The KPCS currently has 54 members representing 81 countries. The EU acts as a single participant and has the Service for Foreign Policy Instruments (FPI), a department of the European Commission, as its competent authority.
  • The Commission coordinates and monitors the implementation of Kimberley Process rules within the EU.
  • In order for a rough diamond shipment to be imported into the EU and Greenland, it must be transported in a tamper-resistant container and accompanied by a forgery-proof government-validated Kimberley Process certificate from the exporting country. If those conditions are fulfilled, the EU authority in the country will provide a confirmed certificate to the importer; if not fulfilled, the shipment will be detained.
  • In order for a rough diamond shipment to be exported from the EU and Greenland, it must be transported in a tamper-resistant container and accompanied by a forgery-proof certificate from the EU authority of the exporting country.
  • The competent authorities within EU countries must report monthly to the Commission and FPI on the import and export certificates issued and validated by them.
  • Rough diamond traders (listed in Annex V of this regulation) must ensure that they only sell diamonds purchased from legitimate sources not involved in funding conflict. They must guarantee in writing that the diamonds are conflict-free based on personal knowledge and/or written guarantees provided by the diamond suppliers.

FROM WHEN DOES THE REGULATION APPLY?

It applies from 31 December 2002.

However, certain articles of this regulation dealing with the import/export regimes and transit apply from 1 February 2003.

BACKGROUND

The trade in conflict diamonds* is a matter of serious international concern, which can be directly linked to the fuelling of armed conflict, the activities of rebel movements aimed at undermining or overthrowing legitimate governments and the illicit traffic in, and proliferation of, armaments, especially small arms and light weapons.

The KPCS was developed after countries met in Kimberley, South Africa, in 2000 to explore ways to tackle the growing problems stemming from conflict diamonds.

For more information, see:

* KEY TERMS

Kimberley Process certification scheme (KPCS): the process established in 2003 by the General Assembly of the United Nations Resolution 55/56 to prevent the trade of conflict diamonds.

Conflict diamonds: rough diamonds mined in war zones and sold to finance insurgencies, war efforts of invading armies or the activities of warlords.

MAIN DOCUMENT

Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds (OJ L 358, 31.12.2002, pp. 28-48)

Successive amendments to Regulation (EC) No 2368/2002 have been incorporated in to the original document. This consolidated version is of documentary value only.

RELATED DOCUMENT

Guidelines on Trading with the European Union (EU) — September 2015 — A practical guide for Kimberley Process Participants and companies involved in trade in rough diamonds with the EU

last update 12.12.2016

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