Proposal for a Council Regulation concerning the importation into the Community of rough diamonds from Sierra Leone
Date: 2002-12-17
Institutions: European Commission
Subjects: Sierra Leone, import (EU), import restriction, international sanctions, precious stones

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 17.12.2002
COM(2002) 753 final

Proposal for a

COUNCIL REGULATION

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

(presented by the Commission)

EXPLANATORY MEMORANDUM

In  its  Resolution  1446  (2002)  of  4  December  2002  ,  the  United  Nations  Security  Council,
acting  under  Chapter  VII  of  the  Charter  of  the  United  Nations,  decided  to  extend  the
prohibition,  laid  down in its  Resolution 1306 (2000) of  5 July 2000 of  all 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.  The
prohibition on imports of Diamonds laid down in Council Regulation (EC) No 303/2002 of 18
February 2002 expired 5 December 2002 and therefore the prohibition of this regulation shall
be  extended.  Awaiting  the  entry  into  force  of  the  Kimberley  Process  Certification  Scheme,
Annex II remains empty.

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Proposal for a

COUNCIL REGULATION

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/  /CFSP  of  20021  concerning  a  prohibition  on
imports of rough diamonds from Sierra Leone,

Having regard to the proposal from the Commission,

Whereas:

(1) 

(2) 

(3) 

(4) 

In  its  Resolution  1446  (2002)  of  4  December  2002  ,  the  United  Nations  Security
Council,  acting  under  Chapter  VII  of  the  Charter  of  the  United  Nations,  decided  to
extend the prohibition, laid down in its Resolution 1306 (2000) of 5 July 2000 of all
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.

Council  Regulation  (EC)  No  303/2002  of  18  February  20022  expired  5  December
2002 and therefore the prohibition contained in this regulation shall be extended.

These measures fall under 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, such territory being deemed to encompass, for the purposes
of  this  Regulation,  the  territories  of  the  Member  States  to  which  the  Treaty  is
applicable, under the conditions laid down in that Treaty.

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.

(5) 

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

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OJ L 10, 12.1.2002, p 81
OJ L 200, 8.8.2000, p 21

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(6) 

(7) 

To  facilitate  matters,  the  Commission  should  be  empowered  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 Commission 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  indirectly,  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 paragraph 5 of UNSCR 1306 (2000) shall be exempt from the
measure referred to in Article 1. The modalities 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  agreement  or  any  contract  entered  into  or  any  licence  or  permit  granted
before its entry into force.

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

Article 5

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Pending  the  adoption,  where  necessary,  of  any  legislation  to  this  end,  the  sanctions  to  be
imposed where  the provisions  of this Regulation are  infringed  shall  be  those  determined  by
the  Member  States  in  order  to  give  effect  to  Article  5  of  Council  Regulation  (EC)
No 303/20023.

Article 6

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
judgements made by national courts.

This Regulation shall apply:

Article 7

-

-

-

-

within the territory of the Community, including its air 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 State,

to any body which is incorporated or constituted under the law of a Member State.

Article 8

This Regulation shall enter into force on the day of its publication in the Official Journal of
the  European  Communities.  The  Regulation  shall  be  applicable  from  5  December  2002.  It
shall expire on 5 June 2003.

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

Done at Brussels,

For the Council
The President

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OJ L 47, 19.2.2002, p. 8

                                                
ANNEX I

Rough diamonds referred to in Article 1

Product description

Unsorted diamonds, unworked and not mounted
or set

Industrial  diamonds,  unworked  or  simply  sawn,
cleaved or bruted

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

Dust and powder of diamonds

CN code

ex

7102 10 00

7102 21 00

7102 31 00

7105 10 00

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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.

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