Council Regulation (EC) No 303/2002 of 18 February 2002 concerning the importation into the Community of rough diamonds from Sierra Leone
Date: 2002-02-18
Institutions: Council of the European Union
Subjects: Sierra Leone, import licence, import restriction, international agreement, originating product, precious stones

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EN

Official Journal of the European Communities

19.2.2002

COUNCIL REGULATION (EC) No 303/2002

of 18 February 2002

concerning 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 thereof,

Having regard to Common Position 2002/22/CFSP of 11
January 2002 concerning a prohibition on imports of rough
diamonds from Sierra Leone (1),

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

In its Resolution 1385(2001) of 19 December 2001, the
United Nations Security Council, acting under Chapter
VII of the Charter of the United Nations, decided to
laid down in its Resolution
extend the prohibition,
imports of rough
1306(2000) of 5 July 2000 of all
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.

Council Regulation (EC) No 1745/2000 of 3 August
2000 on the importation into the Community of rough
diamonds from Sierra Leone (2) expired on 5 January
2002 and therefore the prohibition contained in this
Regulation should be extended.

These measures fall under the scope of
the Treaty.
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.

(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,

HAS ADOPTED THIS REGULATION:

Article 1

The importation into the Community, be it directly or indir-
ectly, of rough diamonds as defined in Annex I originating in,
the
or coming from, Sierra Leone into the territory of
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 detailed rules for this
exemption 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.

(5)

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

(1) OJ L 10, 12.1.2002, p. 81.
(2) OJ L 200, 8.8.2000, p. 21.

Article 5

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

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Official Journal of the European Communities

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Article 6

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

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 breach and other
enforcement problems or judgments handed down by national
courts.

a Member State,

— to any national of a Member State, wherever he or she may

be,

— to any body which is incorporated or constituted under the

law of a Member State.

Article 8

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 apply:
— within the territory of the Community,

including its air

space,

It shall apply from 5 January 2002.

It shall expire on 5 December 2002.

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

Done at Brussels, 18 February 2002.

For the Council

The President

J. PIQUÉ I CAMPS

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

Detailed rules for the 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.

ANNEX II