Council Regulation (EC) No 254/2003 of 11 February 2003 amending Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds
Date: 2003-02-11
Institutions: Council of the European Union
Subjects: Community certification, EU control, import policy, international trade, precious stones, self-regulation, trade restriction

12.2.2003

EN

Official Journal of the European Union

L 36/7

COUNCIL REGULATION (EC) No 254/2003

of 11 February 2003

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

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

It is appropriate to ensure that the provisions established
by Council Regulation (EC) No 2368/2002 of 20
December 2002 implementing the Kimberley Process
certification scheme for the international trade in rough
diamonds (1) enable all WTO-members
fulfilling the
requirements of
the Kimberley Process certification
scheme to participate in the scheme. Therefore, the defi-
nition of participant set out in Article 2 of that Regula-
tion and the conditions governing the insertion into the
list of participants contained in Annex II to that Regula-
tion should be amended.

The Community and all other participants listed in
Annex II to Regulation (EC) No 2368/2002 have fulfilled
the requirements of the Kimberley Process certification
scheme in such a manner that the full application of all
provisions of that Regulation will not lead to a serious
disturbance of international trade in rough diamonds.

evidence has been submitted that

those
Sufficient
requirements will be fulfilled by 1 February 2003. The
suspension of
those provisions
should, therefore, be lifted from that date,

the applicability of

Article 1

Regulation (EC) No 2368/2002 is amended as follows:

1. Article 2(c) is replaced by the following:

‘(c) “Participant” means any State, regional economic inte-
gration
separate
organisation, WTO-member
customs territory that fulfils the requirements of the KP
certification scheme, has notified that fact to the Chair
of the KP certification scheme and is listed in Annex II;’

or

2. Article 20 is replaced by the following:

‘Article 20

On the basis of relevant Information provided to the Chair
of the KP certification scheme and/or by participants, the
Commission may amend the list of participants and their
competent authorities.’

3. Article 29(3) is replaced by the following:

Articles 3, 4, 5, 10, 11, 12, 13, 14, 15 and 18 shall

‘3.
apply from 1 February 2003.’

Article 2

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

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

Done at Brussels, 11 February 2003.

For the Council

The President

G. PAPANDREOU

(1) OJ L 358, 31.12.2002, p. 28. Regulation amended by Commission

Regulation (EC) No 257/2003.