Council Regulation (EC) No 1745/2000 of 3 August 2000 on the importation into the Community of rough diamonds from Sierra Leone
Date: 2000-08-03
Institutions: Council of the European Union
Subjects: Sierra Leone, UNO, competition, import restriction, international sanctions, precious stones

8.8.2000

EN

Official Journal of the European Communities

L 200/21

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1745/2000

of 3 August 2000

on the importation into the Community of rough diamonds from Sierra Leone

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 301,

Having regard to Common Position 2000/455/CFSP of 20 July
2000, concerning a prohibition on imports of rough diamonds
from Sierra Leone (1),

Having regard to the proposal from the Commission,

(6)

(7)

To facilitate matters, the Commission should be empow-
ered to supplement and/or amend the Annexes to this
Regulation on the basis of pertinent notifications from
the Committee set up by Security Council Resolution
1132 (1997).

There is a need for the Member States and the Commis-
sion to inform each other of the measures taken under
this Regulation and any other relevant information at
their disposal

in connection with this Regulation,

Whereas:

(1)

(2)

(3)

(4)

(5)

In its Resolution 1306 (2000) of 5 July 2000, the United
Nations Security Council, acting under Chapter VII of
the Charter of the United Nations, decided that all States
should prohibit imports of rough diamonds originating
in, or coming from, Sierra Leone, unless they are
covered by the system of certificates of origin approved
by the competent authorities of the United Nations.

These measures fall within the scope of the Treaty and,
therefore, notably with a view to avoiding distortion of
competition, Community legislation is necessary to
implement the relevant decisions of the Security Council
as far as the territory of the Community is concerned,
for the
such territory being deemed to encompass,
purposes of
the
this Regulation,
Member States to which the Treaty is applicable, under
the conditions laid down in that Treaty.

the territories of

The Security Council has also called upon the United
Nations Member States and international and regional
organisations to apply these measures notwithstanding
the existence of any rights or obligations conferred or
imposed by any international agreement signed, any
contract entered into or any licence or permit granted
before the adoption of the aforementioned Resolution.

The ACP-EC Lomé Convention and the new ACP-EC
partnership agreement signed in Cotonou, Benin on 23
June 2000, to which the Community and its Member
States and Sierra Leone are Parties, do not pose an
obstacle to the application of the said Security Council
measures.

Violations of this Regulation should be penalised and
Member States should impose appropriate penalties to
that effect.

(1) OJ L 183, 22.7.2000, p. 2.

HAS ADOPTED THIS REGULATION:

Article 1

The importation, be it direct or indirect, of rough diamonds as
defined in Annex I originating in, or coming from Sierra Leone
into the territory of the Community shall be prohibited.

Article 2

Rough diamonds controlled by the government of Sierra Leone
through the certificate of origin regime consistent with para-
graph 5 of UNSCR 1306 (2000) shall be exempt from the
measure referred to in Article 1. The modalities for this exemp-
tion are set out in Annex II.

Article 3

The Commission is hereby empowered to amend Annex I, in
order to bring it in line with changes that may be made to the
Combined Nomenclature, and to supplement and/or amend
Annex II on the basis of the information and notifications
supplied by the competent authorities of the United Nations, in
particular the Sanctions Committee created by Resolution 1132
(1997). Any additions or amendments shall be published in the
Official Journal of the European Communities.

Article 4

This Regulation shall
apply notwithstanding any rights
conferred, or obligations imposed, by any international agree-
ment or any contract entered into or any licence or permit
granted before its entry into force.

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Official Journal of the European Communities

8.8.2000

Article 5

— within the territory of the Community,

including its air

Each Member State shall determine the sanctions
to be
imposed where this Regulation is infringed. Such sanctions
shall be effective, proportionate and dissuasive.

space,

— on board any aircraft or any vessel under the jurisdiction of

a Member State,

— to any person elsewhere who is a national of a Member

Article 6

State,

The Commission and the Member States shall
inform each
other of the measures taken under this Regulation and supply
each other with other relevant information at their disposal in
connection with this Regulation, such as violation and other
enforcement problems or judgments made by national courts.

— to any body which is incorporated or constituted under the

law of a Member State.

Article 8

This Regulation shall apply until 5 January 2002:

Article 7

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

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

Done at Brussels, 3 August 2000.

For the Council

The President

H. VÉDRINE

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Official Journal of the European Communities

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ANNEX I

Rough diamonds referred to in Article 1

CN code

Product description

ex 7102 10 00

Unsorted diamonds, unworked and not mounted or set

7102 21 00

7102 31 00

7105 10 00

Industrial diamonds, unworked or simply sawn, cleaved or bruted

Non-industrial diamonds, unworked or simply sawn, cleaved or bruted

Dust and powder of diamonds

ANNEX II

Modalities of importation of rough diamonds that are accompanied by a certificate of origin delivered under the
regime that was approved by the competent authorities of the United Nations

…