20.3.2014 EN Official Journal of the European Union L 84/69
REGULATION (EU) No 257/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 26 February 2014
amending Council Regulation (EC) No 2368/2002 as regards the inclusion of Greenland in implementing the Kimberley Process certification scheme
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) Council Regulation (EC) No 2368/2002 (2) sets up a Community System of certification and import and export controls for rough diamonds for the purposes of implementing the Kimberley Process certification scheme.
(2) 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 on the Functioning of the European Union (TFEU). In accordance with Article 198 TFEU, 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.
(3) Council Decision 2014/136/EU (3) sets out the rules and procedures enabling Greenland’s participation in the Kimberley Process certification scheme on rough diamonds through its cooperation with the Union. Such cooperation would strengthen economic relations between the Union and Greenland in the diamond industry, and in particular it would enable Greenland to export rough diamonds accompanied by the EU Certificate issued for the purposes of the certification scheme, with a view to promoting the economic development of Greenland.
(4) Regulation (EC) No 2368/2002 should be amended in order to enable Decision 2014/136/EU to enter into force and in particular to provide for the inclusion of Greenland in the certification scheme.
(5) Accordingly, Greenland will be prohibited from accepting imports or exports of rough diamonds to or from a participant other than the Union without a valid certificate. The amendments contained in this Regulation will allow for the export of rough diamonds from Greenland to third countries as long as they are accompanied by the EU Certificate.
(6) In addition to the existing condition for certification requiring evidence that the rough diamonds were lawfully imported into the Union, an alternative condition should be introduced for diamonds mined and extracted in Greenland that have never been exported before, in particular to provide evidence in this regard.
(7) In addition, amendments should be made to the detailed arrangements for submitting rough diamonds to Union authorities for verification, extending to Greenland the special rules for transit, enabling Greenland’s participation in the Committee for the implementation of Regulation (EC) No 2368/2002 and providing for Greenland’s representation in the Kimberley Process and cooperation with other Member States through the Commission.
(8) Regulation (EC) No 2368/2002 should therefore be amended accordingly,
Regulation (EC) No 2368/2002 is amended as follows:
(1) Article 1 is replaced by the following:
(2) in Article 3, the introductory phrase is replaced by the following:
(3) in Article 4, paragraph 1 is replaced by the following:
(4) in Article 8, paragraph 1 is replaced by the following:
(5) in Article 11, the introductory phrase is replaced by the following:
(6) in Article 12(1), point (a) is replaced by the following:
‘(a) the exporter has provided conclusive evidence that:
(i) the rough diamonds for which a certificate is being requested were lawfully imported in accordance with Article 3; or
(ii) the rough diamonds for which a certificate is being requested were mined or extracted in Greenland in case the rough diamonds have not been previously exported to a participant other than the Union.’;
(7) Article 18 is replaced by the following:
(8) Article 21 is replaced by the following:
(9) Article 23 is replaced by the following:
This Regulation shall enter into force on the twentieth 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.