Council Regulation (EC) No 2368/2002Show full title

Article 2 U.K.

For the purposes of this Regulation the following definitions shall apply:

(a)

‘Kimberley Process’ means the forum in which the participants have designed an international certification scheme for rough diamonds;

(b)

‘Kimberley Process certification scheme’ (hereinafter ‘KP certification scheme’) means the international certification scheme negotiated by the Kimberley Process as set out in Annex I;

(c)

[F1 ‘ Participant ’ means any State, regional economic integration organisation, WTO-member or separate customs territory that fulfils the requirements of the KP certification scheme, has notified that fact to the Chair of the KP certification scheme and is listed in Annex II;]

(d)

‘certificate’ means a document duly issued and validated by a participant's competent authority identifying a shipment of rough diamonds as being in compliance with the requirements of the KP certification scheme;

(e)

‘competent authority’ means the authority designated by a participant to issue, validate or verify certificates;

(f)

‘Community authority’ means a competent authority designated by a Member State and listed in Annex III;

(g)

‘Community certificate’ means a certificate corresponding to the specimen in Annex IV and issued by a Community authority;

(h)

‘conflict diamonds’ means rough diamonds as defined under the KP Certification Scheme;

(i)

‘rough diamond’ means a diamond that is unworked or simply sawn, cleaved or bruted and falls under the Harmonised Commodity Description and Coding System 7102 10, 7102 21 and 7102 31 (hereinafter ‘HS code’);

(j)

‘imports’ means the physical entering or bringing into any part of the geographical territory of a participant;

(k)

‘export’ means the physical leaving or taking out of any part of the geographical territory of a participant;

(l)

‘shipment’ means one or more parcels;

(m)

‘parcel’ means one or more diamonds that are packed together;

(n)

‘parcel of mixed origin’ means a parcel that contains rough diamonds from two or more countries of origin;

(o)

‘Community territory’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in that Treaty;

(p)

‘Certified stock’ means a stock of rough diamonds to which this Regulation applies, and whose location, volume and value, and changes therein, have been submitted to effective supervision of a Member State;

(q)

‘Customs transit’ means transit as provided for by Articles 91 to 97 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(1).

Textual Amendments

F1 Substituted by Council Regulation (EC) No 254/2003 of 11 February 2003 amending Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds.

(1)

OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 2700/2000 (OJ L 311, 12.12.2000, p. 17).