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

Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds

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  1. Introductory Text

  2. CHAPTER I SUBJECT MATTER AND DEFINITIONS

    1. Article 1.This Regulation sets up a Union system of certification and...

    2. Article 2.For the purposes of this Regulation the following definitions shall...

  3. CHAPTER II IMPORT REGIME

    1. Article 3.The import of rough diamonds into the Community territory or...

    2. Article 4.(1) Containers and the corresponding certificates shall without delay be...

    3. Article 5.(1) If a Community authority establishes that the conditions in...

    4. Article 6.(1) Until the date of applicability of the Articles referred...

    5. Article 7.Notwithstanding the provisions of Articles 3, 4 and 5, a...

    6. Article 8.(1) The Commission shall consult participants on the practical arrangements...

    7. Article 9.The Commission shall provide all Community authorities with authenticated specimens...

    8. Article 10.(1) Community authorities shall provide the Commission with a monthly...

  4. CHAPTER III EXPORT REGIME

    1. Article 11.The export from the Community territory or Greenland of rough...

    2. Article 12.(1) The Community authority may issue a Community certificate to...

    3. Article 13.If an exporter is a member of a diamond organisation...

    4. Article 14.(1) If a Community authority establishes that a shipment of...

    5. Article 15.(1) Community authorities shall provide the Commission with a monthly...

    6. Article 16.(1) The Commission shall consult participants on the practical arrangements...

  5. CHAPTER IV INDUSTRY SELF-REGULATION

    1. Article 17.(1) Organisations representing traders in rough diamonds which have established...

  6. CHAPTER V TRANSIT

    1. Article 18.Articles 4, 11, 12, and 14 shall not apply to...

  7. CHAPTER VI GENERAL PROVISIONS

    1. Article 19.(1) Member States may designate one or more authorities in...

    2. Article 20.On the basis of relevant Information provided to the Chair...

    3. Article 21.(1) The Union, including Greenland, shall be a participant in...

    4. Article 22.(1) In the performance of its duties under Articles 8,...

    5. Article 23.The Committee referred to in Article 22 may examine any...

    6. Article 24.(1) Any natural or legal person providing services directly or...

    7. Article 25.Information supplied in accordance with this Regulation shall be used...

    8. Article 26.Compliance with this Regulation does not discharge any natural or...

    9. Article 27.Each Member State shall determine the sanctions to be imposed...

    10. Article 28.This Regulation shall apply: within the Community territory, including its...

    11. Article 29.(1) This Regulation shall enter into force on the day...

  8. Signature

    1. ANNEX I

      Kimberley Process Certification Scheme

      1. PREAMBLE

      2. SECTION I Definitions

      3. SECTION II The Kimberley Process Certificate

      4. SECTION III Undertakings in respect of the international trade in rough diamonds

      5. SECTION IV Internal controls

        1. Undertakings by Participants

        2. Principles of Industry Self-Regulation

      6. SECTION V Cooperation and transparency

      7. SECTION VI Administrative matters

        1. MEETINGS

          1. 1. Participants and Observers are to meet in Plenary annually, and...

          2. 2. Participants should adopt Rules of Procedure for such meetings at...

          3. 3. Meetings are to be held in the country where the...

          4. 4. At the end of each Plenary meeting, a Chair would...

          5. 5. Participants are to reach decisions by consensus. In the event...

        2. ADMINISTRATIVE SUPPORT

          1. 6. For the effective administration of the Certification Scheme, administrative support...

          2. 7. Administrative support could include the following functions:

        3. PARTICIPATION

          1. 8. Participation in the Certification Scheme is open on a global,...

          2. 9. Any applicant wishing to participate in the Certification Scheme should...

          3. 10. Participants intend to invite representatives of civil society, the diamond...

        4. PARTICIPANT MEASURES

          1. 11. Participants are to prepare, and make available to other Participants,...

          2. 12. The agenda of annual Plenary meetings is to include an...

          3. 13. Where further clarification is needed, Participants at Plenary meetings, upon...

          4. 14. Review missions are to be conducted in an analytical, expert...

          5. 15. A report on the results of compliance verification measures is...

        5. COMPLIANCE AND DISPUTE PREVENTION

          1. 16. In the event that an issue regarding compliance by a...

        6. MODIFICATIONS

          1. 17. This document may be modified by consensus of the Participants....

          2. 18. Modifications may be proposed by any Participant. Such proposals should...

          3. 19. The Chair is to circulate any proposed modification expeditiously to...

        7. REVIEW MECHANISM

          1. 20. Participants intend that the Certification Scheme should be subject to...

        8. THE START OF THE IMPLEMENTATION OF THE SCHEME

          1. 21. The Certification Scheme should be established at the Ministerial Meeting...

      8. Annex I to ANNEX I

        CERTIFICATES

        1. A. Minimum requirements for Certificates

        2. B. Optional Certificate Elements

        3. C. Optional Procedures

      9. Annex II to ANNEX I

        RECOMMENDATIONS AS PROVIDED FOR IN SECTION IV, PARAGRAPH (F)

        1. General Recommendations

          1. 1. Participants may appoint an official coordinator(s) to deal with the...

          2. 2. Participants may consider the utility of complementing and/or enhancing the...

          3. 3. Participants are encouraged to maintain the information and data required...

          4. 4. Participants are encouraged to transmit and receive electronic messages in...

          5. 5. Participants that produce diamonds and that have rebel groups suspected...

          6. 6. Participants are encouraged to make known the names of individuals...

          7. 7. Participants are encouraged to ensure that all cash purchases of...

          8. 8. Participants that produce diamonds should analyse their diamond production under...

        2. Recommendations for Control over Diamond Mines

          1. 9. Participants are encouraged to ensure that all diamond mines are...

          2. 10. Participants are encouraged to ensure that prospecting and mining companies...

        3. Recommendations for Participants with Small-scale Diamond Mining

          1. 11. All artisanal and informal diamond miners should be licensed and...

          2. 12. Licensing records should contain the following minimum information: name, address,...

        4. Recommendations for Rough Diamond Buyers, Sellers and Exporters

          1. 13. All diamond buyers, sellers, exporters, agents and courier companies involved...

          2. 14. Licensing records should contain the following minimum information: name, address...

          3. 15. All rough diamond buyers, sellers and exporters should be required...

          4. 16. The information in paragraph 14 above should be entered into...

        5. Recommendations for Export Processes

          1. 17. A exporter should submit a rough diamond shipment to the...

          2. 18. The Exporting Authority is encouraged, prior to validating a Certificate,...

          3. 19. Rough diamonds should be sealed in a tamper proof container...

          4. 20. The Exporting Authority should record all details of rough diamond...

        6. Recommendations for Import Processes

          1. 21. The Importing Authority should receive an e-mail message either before...

          2. 22. The Importing Authority should inspect the shipment of rough diamonds...

          3. 23. The Importing Authority should open and inspect the contents of...

          4. 24. Where applicable and when requested, the Importing Authority should send...

          5. 25. The Importing Authority should record all details of rough diamond...

        7. Recommendations on Shipments to and from Free Trade Zones

          1. 26. Shipments of rough diamonds to and from free trade zones...

      10. Annex III to ANNEX I

        STATISTICS

        1. Recognising that reliable and comparable data on the production and...

        2. to keep and publish within two months of the reference...

    2. 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

      1. ANGOLA

      2. ARMENIA

      3. AUSTRALIA

      4. BANGLADESH

      5. BELARUS

      6. BOTSWANA

      7. BRAZIL

      8. CAMBODIA

      9. CAMEROON

      10. CANADA

      11. CENTRAL AFRICAN REPUBLIC

      12. CHINA, People's Republic of

      13. HONG KONG, Special Administrative Region of the People's Republic of...

      14. CONGO, Democratic Republic of

      15. CONGO, Republic of

      16. COTE D'IVOIRE

      17. ESWATINI

      18. EUROPEAN UNION

      19. GABON

      20. GHANA

      21. GUINEA

      22. GUYANA

      23. INDIA

      24. INDONESIA

      25. ISRAEL

      26. JAPAN

      27. KAZAKHSTAN

      28. KOREA, Republic of

      29. LAOS, People's Democratic Republic

      30. LEBANON

      31. LESOTHO

      32. LIBERIA

      33. MALAYSIA

      34. MALI

      35. MAURITIUS

      36. MEXICO

      37. NAMIBIA

      38. NEW ZEALAND

      39. NORWAY

      40. PANAMA

      41. RUSSIAN FEDERATION

      42. SIERRA LEONE

      43. SINGAPORE

      44. SOUTH AFRICA

      45. SRI LANKA

      46. SWITZERLAND

      47. TAIWAN, PENGHU, KINMEN AND MATSU, SEPARATE CUSTOMS TERRITORY

      48. TANZANIA

      49. THAILAND

      50. TOGO

      51. TURKEY

      52. UKRAINE

      53. UNITED ARAB EMIRATES

      54. UNITED STATES OF AMERICA

      55. VENEZUELA

      56. VIETNAM

      57. ZIMBABWE

    3. ANNEX III

      List of Member States' competent authorities and their tasks as referred to in Articles 2 and 19

      1. BELGIUM

      2. CZECH REPUBLIC

      3. GERMANY

      4. IRELAND

      5. PORTUGAL

      6. ROMANIA

      7. UNITED KINGDOM

    4. ANNEX IV

      Community certificate as referred to in Article 2

      1. In accordance with the changes enacted by the Treaty of...

      2. The EU Certificate shall have the following features: Member States...

      3. Member States shall be responsible for having the EU Certificates...

      4. The European Commission shall make specimens of original EU Certificates...

      5. Materials

      6. Printing

      7. Numbering

      8. Language

      9. Lay out and finishing

        1. Obligatory features

    5. ANNEX V

      List of diamond organisations implementing the system of warranties and industry self-regulation referred to in Articles 13 and 17

      1. Antwerpsche Diamantkring CV Hoveniersstraat 2 bus 515 B-2018 Antwerpen Beurs...

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