Proposal for a COUNCIL DECISION laying down rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme
Date: 2013-06-18
Institutions: European Commission
Subjects: Community certification, Greenland, export (EU), export monitoring, import (EU), movement certificate, precious stones, surveillance concerning imports

EUROPEAN 
COMMISSION 

Brussels, 18.6.2013  
COM(2013) 429 final 

2013/0201 (CNS) 

Proposal for a 

COUNCIL DECISION 

laying down rules and procedures to enable the participation of Greenland in the 
Kimberley Process certification scheme 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

This proposal aims at enabling Greenland to participate in the Kimberley Process certification 
scheme on rough diamonds through its cooperation with the European Union. The scheme set 
out  in  the  proposal  would  allow  for  the  export  of  rough  diamonds  from  Greenland  to  the 
Union  as  well  as  to  other  participants  of  the  certification  scheme,  provided  that  all  imports 
and  exports  of  rough  diamonds  are  verified  and,  for  exports,  certified  by  Union  authorities 
pursuant to the rules set out in Regulation (EC) No 2368/2002 implementing the Kimberley 
Process certification scheme for the international trade in rough diamonds. 

This  association  would  strengthen  economic  relations  between  the  European  Union  and 
Greenland  in  the  diamond  industry,  and  in  particular  it  would  enable  Greenland  to  export 
rough  diamonds  accompanied  by  the  European  Union  Certificate  issued  for  the  purposes  of 
the certification scheme, with a view of promoting the economic development of Greenland. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Greenland  and  Denmark  have  agreed  to  the  approach  taken  by  the  proposal  and  will 
undertake to transpose and implement in the legislation applicable to Greenland the relevant 
provisions  of  Regulation  (EC)  No  2368/2002  as  regards  the  conditions  and  formalities  for 
importing and exporting rough diamonds, their transit via the Union and to a participant other 
than the Union, the participation of the Union, including Greenland, in the Kimberley Process 
certification  scheme,  obligations  relating  to  due  diligence,  anti-circumvention,  exchange  of 
information, and ensuring compliance with such provisions. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The legal basis of the Council Decision is Article 203 TFEU. The proposal for this Council 
Decision  is  closely  connected  to  an  amendment  of  Regulation  (EC)  No  2368/2002  which 
extends the territory of the Union to also cover the territory of Greenland for the purposes of 
the  Kimberley  Process  certification  scheme.  Accordingly,  Greenland  will  be  prohibited  to 
accept  imports  or  exports  of  rough  diamonds  without  a  valid  Kimberley  Process  certificate. 
This will allow for the export of rough diamonds from Greenland to third countries as long as 
they  are  accompanied  by  a  European  Union  Kimberley  Process  certificate.  For  imports  into 
Greenland from third countries the rough diamonds and the accompanying certificate will first 
have to be submitted for verification to one of the six authorities of the Union who deal with 
issuing EU Kimberley Process Certificates. 

The  proposal  for  the  Council  Decision  sets  out  specific  rules  for  circulation  of  rough 
diamonds  between  the  Union  and  Greenland,  either  with  the  Union  or  Greenland  as 
destination, or with the view that rough diamonds would be then exported to a third country 
from the Union. In either case, the main requirements for rough diamonds to enter or leave the 
territory of Greenland or the Union is to (1) be accompanied by (a) either a document (or a 
copy thereof validated by a Union authority) attesting that they were mined in Greenland, or 
(b) a copy of a Kimberley Process certificate as validated by a Union authority, and (2) be in 
sealed tamper-resistant containers.  

Rough diamonds mined or extracted in Greenland, provided that they have not been exported 
previously  to  a  third  country,  may  enter  the  Union’s  customs  territory  by  the  use  of  an 
attesting  document  issued  by  authorities  in  Greenland.  These  shipments  upon  entry  to  the 

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Union’s  customs  territory  will  be  have  to  be  verified  by  a  Union  authority,  and  the  copy 
issued  by  this  authority  will  have  to  accompany  shipments  between  the  Union  customs 
territory and Greenland for any subsequent circulation. 

As for export of rough diamonds to and from third countries, Greenland will only be able to 
import  or  export  if  the  diamonds  are  first  shipped  to  one  of  the  authorities  of  the  Union  to 
issue  an  EU  Kimberley  Process  certificate  or  to  verify  the  Kimberley  Process  certificate  of 
another Kimberley Process participant.  

Once rough diamonds mined or extracted in Greenland had been exported to a third country, 
upon their return they may circulate between the Union and Greenland according to the same 
rules that apply to all other rough diamonds imported into the Union.  

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2013/0201 (CNS) 

Proposal for a 

COUNCIL DECISION 

laying down rules and procedures to enable the participation of Greenland in the 
Kimberley Process certification scheme 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 203 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 
Having regard to the opinion of the European Parliament1,  

Acting in accordance with a special legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  European  Union  is  a  participant  in  the  Kimberley  Process  Certification  Scheme 
for the international trade in rough diamonds. As a participant it has to ensure that a 
Kimberley  Process  Certificate  accompanies  each  shipment  of  rough  diamonds 
imported in or exported from the territory of the Union. 

Regulation  (EC)  No  2368/2002  implementing  the  Kimberley  Process  certification 
scheme  for  the  international  trade  in  rough  diamonds2  sets  up  a  Union  system  of 
certification  and  import  and  export  controls  for  rough  diamonds  for  the  purposes  of 
implementing the Kimberley Process certification scheme. 

Greenland  is  not  part  of  the  Union  territory  but  it  is  included  in  the  list  of  overseas 
countries and territories set out in Annex II to the Treaty. In accordance with Article 
198  of  the  Treaty,  the  purpose  of  the  association  of  the  overseas  countries  and 
territories with the  Union  is  to promote the economic and social development of the 
overseas  countries  and  territories  and  to  establish  close  economic  relations  between 
them and the Union as a whole. 

Denmark and Greenland have requested to enable the participation of Greenland in the 
Kimberley  Process  Certification  Scheme  on  rough  diamonds  through  its  cooperation 
with  the  European  Union.  This  association  would  strengthen  economic  relations 
between the European Union and Greenland in the diamond industry, and in particular 
it  would  enable  Greenland  to  export  rough  diamonds  accompanied  by  the  European 
Union  Certificate issued for  the  purposes of  the  certification  scheme,  with  a  view  of 
promoting the economic development of Greenland.  

(5) 

Trade in rough diamonds in Greenland should, therefore, be conducted in compliance 
with  Union  rules  implementing  the  Kimberley  Process  Certification  Scheme  for  the 
international  trade  in  rough  diamonds.  Accordingly,  the  scope  of  application  of 

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OJ C , , p. . 
OJ L 358, 31.12.2002, p. 28. 

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(6) 

(7) 

Regulation (EC) No 2368/2002 will be extended to the territory of Greenland for the 
purpose of the certification scheme.  

In particular, Greenland should only export rough diamonds to other participants in the 
Kimberley  Process  Certification  Scheme  after  they  have  been  certified  by  a  Union 
authority listed in Annex III to Regulation (EC) No 2368/2002. The imports of rough 
diamonds into Greenland should also be verified by the Union authorities. 

In  order  to  permit  the  international  trade  in  rough  diamonds  in  Greenland,  in 
accordance  with  the  rules  on  trade  within  the  Union,  Greenland  should  undertake  to 
transpose  and  implement  the  relevant  provisions  of  Regulation  (EC)  No  2368/2002 
into the national law of Greenland so as to allow the application of this Decision, 

HAS ADOPTED THIS DECISION:  

Article 1 

Subject matter and scope 

This Decision sets out the general rules and conditions for the participation of Greenland in 
the  system  of  certification  and  import  and  export  controls  for  rough  diamonds  as  set  out  in 
Regulation (EC) No 2368/2002. To that end his Decision lays down rules and procedures for 
the  application  of  the  Kimberley  Process  certification  scheme  for  rough  diamonds  imported 
into  or  exported  from  Greenland,  either  to  the  Union  or  to  other  participants  in  the 
certification scheme.  

Article 2 

Definitions 

For the purposes of this Decision, the following definitions shall apply: 

(a) 

(b) 

(c) 

'Participant'  means  ‘Participant’  as  defined  in  Article  2(c)  of  Regulation  (EC)  No 
2368/2002; 

'Union  Authority'  means  the  'Community  authority'  as  defined  in  Article  2(f)  of 
Regulation (EC) No 2368/2002; 

'Union certificate' means the 'Community certificate' as defined in Article 2 point (g) 
of Regulation (EC) No 2368/2002.  

Article 3 

General rules  

1.  Greenland  shall  ensure  that  Regulation  (EC)  No  2368/2002  is  transposed  and 
implemented  in  the  legislative  provisions  applicable  to  Greenland  as  regards  the 
conditions  and  formalities  for  importing  and  exporting  rough  diamonds,  their  transit 
through the Union from and to a participant other than the Union, the participation of the 
Union,  including  Greenland,  in  the  Kimberley  Process  certification  scheme,  obligations 
relating  to  due  diligence,  anti-circumvention,  exchange  of  information,  and  ensuring 
compliance with such provisions.  

2.  Greenland  shall  designate  the  authorities  responsible  for  the  implementation  of  the 
relevant  provisions  of  Regulation  (EC)  No  2368/2002  within  their  respective  territories 
and  communicate  to  the  Commission  the  designation  and  the  contact  details  of  such 
authorities.  

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Article 4 

Import of rough diamonds mined or extracted in Greenland  
into the Union 

1.  Rough diamonds mined or extracted in Greenland may only be imported into the Union 

where:  

(a) 

(b) 

(c) 

(d) 

they are accompanied by the attesting document referred to in paragraph 2;  

they are contained in tamper-resistant containers and the seals applied at export 
are not broken;  

the attesting document clearly identifies the consignment to which it refers; 

the  rough  diamonds  have  not  been  previously  exported  to  a  participant  other 
than the Union. 

2.  To allow rough diamonds mined or extracted in Greenland to be imported into the Union, 
the competent authority for Greenland listed in Annex II ('Greenland authority') shall upon 
request issue an attesting document conforming to the requirements set out in Annex I.  
3.  The  Greenland  authority  shall  deliver  the  attesting  document  to  the  applicant  and  shall 

keep a copy for three years for record-keeping purposes.  

4.  Acceptance  of  a  customs  declaration  for  release  for  free  circulation  pursuant  to  Council 
Regulation  (EEC)  No  2913/923  of  rough  diamonds  referred  to  in  paragraph  1  shall  be 
subject to the verification by a Union authority listed in Annex III to Regulation (EC) No 
2368/2002  ('Union  authority')  of  the  attesting  document  issued  in  accordance  with 
paragraph  2  of  this  Article.  To  this  effect,  containers  of  rough  diamonds  mined  of 
extracted  in  Greenland  on  import  to  the  Union  shall  without  delay  be  submitted  for 
verification together to an appropriate Union authority. 

5.  If  a  Union  authority  establishes  that  the  conditions  in  paragraph  1  are  fulfilled,  it  shall 
confirm  this  on  the  original  attesting  document  and  provide  the  importer  with  an 
authenticated  and  forgery-resistant  copy  of  that  attesting  document.  This  confirmation 
procedure  shall  take  place  within  10  working  days  of  the  submission  of  the  attesting 
document. 

6.  The Member State where rough diamonds are imported from Greenland shall ensure their 
submission  to  the  appropriate  Union  authority. The exporter shall be responsible for the 
proper movement of the rough diamonds and the costs thereof. 

7.  In case of doubts relating to the authenticity or correctness of an attesting document issued 
in  accordance  with  paragraph  2  as  well  as  when  further  advice  is  required,  the  customs 
authorities shall contact the Greenland authority.  

8.  The  Union  authority  shall  keep  the  originals  of  attesting  documents  provided  for  under 
paragraph  2  submitted  for  verification  for  at  least  three  years.  It  shall  provide  the 
Commission  or  persons  or  bodies  designated  by  the  Commission  with  access  to  these 
original attesting documents in particular with a view to answering questions raised within 
the framework of the Kimberley Process certification scheme. 

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OJ L 302, 19.10.1992, p. 1. 

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Article 5 

Any subsequent imports of rough diamonds mined or extracted in Greenland 
into the Union 

Notwithstanding the provisions of Article 4, rough diamonds mined or extracted in Greenland 
may be imported into the Union where:  

(a) 

(b) 

(c) 

(d) 

(e) 

they were previously lawfully re-exported from the Union to Greenland; 

they are accompanied by an authenticated and forgery-resistant copy of the attesting 
document  referred  to  in  Article  4(2)  as  validated  by  a  Union  authority  pursuant  to 
Article 4(5). 

they are contained in tamper-resistant containers and the seals applied at export are 
not broken;  

the attesting document clearly identifies the consignment to which it refers; 

the rough diamonds have not been previously exported to a participant other than the 
Union. 

Article 6 

Other imports of rough diamonds from Greenland 
into the Union 

Notwithstanding the provisions of Article 4 and 5, rough diamonds from Greenland may be 
imported into the Union where:  

(a) 

(b) 

(c) 

they were previously lawfully exported from the Union to Greenland; 

they are accompanied by the certificate set out in Article 9(b);  

they are contained in tamper-resistant containers, and the seals applied at export by 
that participant are not broken;  

(d) 

the certificate clearly identifies the consignment to which it refers. 

Article 7 

Export of rough diamonds from Greenland to other participants 

1.  Rough  diamonds  may  only  be  exported  from  Greenland  to  a  participant  other  than  the 

Union where: 

(a) 

they were first lawfully imported from Greenland into the Union in accordance 
with Articles 4(1), 5 or 6;  

(b)  on importation into the Union, they were submitted for verification to a Union 

authority; 

(c) 

(d) 

they  are  accompanied  by  a  corresponding  Union  certificate  issued  and 
validated by a Union authority; 

they  are  contained  in  tamper-resistant  containers  sealed  in  accordance  with 
Article 12 of Regulation (EC) No 2368/2002. 

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2.  The Union authority where the rough diamonds imported from Greenland into the Union 
are  submitted  for  verification  shall  issue  a  Union  certificate  to  the  exporter  of  such 
diamonds in accordance with Article 12 of Regulation (EC) No 2368/2002.  

3.  The Member State where rough diamonds are imported from Greenland shall ensure their 

submission to the appropriate Union authority. 

4.  The exporter shall be responsible for the proper movement of the rough diamonds and the 

costs thereof. 

Article 8 

Re-export of rough diamonds mined or extracted in Greenland from the Union into 
Greenland 

Rough diamonds mined or extracted in Greenland, may be re-exported to Greenland from the 
Union where:  

(a) 

(b) 

(c) 

(d) 

(e) 

they were first lawfully imported from Greenland into the Union in accordance with 
Articles 4(1), 5 or 6; 

they are accompanied by an authenticated and forgery-resistant copy of the attesting 
document  referred  to  in  Article  4(2)  as  validated  by  a  Union  authority  pursuant  to 
Article 4(5);  

they are contained in tamper-resistant containers, and the seals applied at export are 
not broken;  

the  document  referred  to  in  point  (b)  clearly  identifies  the  consignment  to  which  it 
refers, 

the rough diamonds have not been previously exported to a participant other than the 
Union. 

Article 9 

Other import of rough diamonds from other participants into Greenland 

Notwithstanding the provisions of Article 8, rough diamonds may be exported into Greenland 
from the Union where:  

(a) 

(b) 

(c) 

(d) 

they  were  first  lawfully  imported  into  the  Union  from  a  participant  other  than  the 
Union  in  accordance  with  the  provisions  of  Chapter  II  of  Regulation  (EC)  No 
2368/2002;  

they  are  accompanied  by  an  authenticated  and  forgery-resistant  copy  of  the 
confirmed  certificate  in  accordance  with  Article  5(1)(a)  of  Regulation  (EC)  No 
2368/2002; 

they are contained in tamper-resistant containers and the seals applied at export are 
not broken;  

the  document  referred  to  in  point  (b)  clearly  identifies  the  consignment  to  which  it 
refers. 

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Article 10 

Reporting 

1.  The  Greenland  authority  shall  provide  the  Commission  with  a  monthly  report  on  all 

attesting documents issued under Article 4(2). 

2.  For each attesting document this report shall list at least: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

the unique serial number of the attesting document, 

the name of the issuing authority, as listed in Annex II, 

the date of issue, 

the date of expiry of validity, 

the country of origin, 

the HS code(s), 

the carat weight, 

the value (estimated). 

Article 11 

This  Decision  shall  enter  into  force  on  the  20th  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

It  shall  apply  from  the  day  Greenland  notifies  the  Commission  that  it  has  implemented  in 
national law the relevant provisions of Regulation (EC) No 2368/2002 as amended to allow 
the inclusion of Greenland in the Kimberley Process certification scheme. 

Done at Brussels,  

For the Council 
The President 

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Attesting document as referred to in Articles 4, 5, 8 and 10 

ANNEX I 

The  attesting  document  referred  to  in  Articles  4,  5,  8  and  10  shall  have  at  least  the 
following features: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

unique serial number, 

the date of issue, 

the date of expiry of validity, 

the name, signature and stamp of the issuing authority identified in Annex II, 

the country of origin (Greenland), 

the HS code(s), 

the carat weight, 

the value (estimated), 

identification of the exporter and the recipient. 

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Competent authority for Greenland as referred to in Articles 3(2), 4 and 10 

ANNEX II 

Bureau of Minerals and Petroleum 

Imaneq 1A 201, P.O. Box 930, 3900 Nuuk, Greenland 

Tel: (+299) 34 68 00 - Fax: (+299) 32 43 02 - E-mail: bmp@nanoq.gl 

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