Council Regulation (EC) No 2290/2002 of 19 December 2002 concerning the importation into the Community of rough diamonds from Sierra Leone
Date: 2002-12-19
Institutions: Council of the European Union
Subjects: Sierra Leone, certificate of origin, import restriction, international sanctions, originating product, precious stones

L 348/56

EN

Official Journal of the European Communities

21.12.2002

COUNCIL REGULATION (EC) No 2290/2002

of 19 December 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 Commu-
nity, and in particular Article 301 thereof,

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

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

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
2002 concerning the importation into the Community
of rough diamonds from Sierra Leone (2) expired on 5
December 2002 and therefore the prohibition contained
therein should 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,
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.

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

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).

(1) OJ L 10, 12.1.2002, p. 81.
(2) OJ L 47, 19.2.2002, p. 8.

(7)

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,
or coming from, Sierra Leone into the territory of the Commu-
nity 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 UN Security Council Resolution 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 agree-
ment or any contract entered into or any licence or permit
granted before its entry into force.

Article 5

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

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, where relevant, be those
determined by the Member States in order to give effect to
Article 5 of Regulation (EC) No 303/2002.

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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 violation and other
enforcement problems or judgements made by national courts.

Article 7

This Regulation shall apply:

— within the territory of the Community,

including its air

space,

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 publica-
tion in the Official Journal of the European Communities.

This 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, 19 December 2002.

For the Council

The President

L. ESPERSEN

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

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.

ANNEX II