Basic information
Outline of the system
The EU as a whole is a single Participant in the Kimberley Process Certification Scheme. The Kimberley Process establishes minimum requirements for an international scheme of certification for rough diamonds with a view to breaking the link between armed conflict and the trade in rough diamonds.
Rough diamonds may legally be imported to or exported from any of the Member States. Every person who imports rough diamonds must ensure that the diamonds are in a tamper-resist container that meets the requirements of the regulations and are accompanied by a valid Kimberley Process Certificate that was issued by a participant, has not been invalidated by the participant and that contains accurate information. In-transit rough diamonds are deemed not to be imported or exported. Since 30 March 2014, Greenland, one of the overseas countries and territories participates in the Kimberley Process Certification Scheme through its cooperation with the EU.
Product coverage
A rough diamond is defined as a diamond that is unsorted, unworked or simply sawn, cleaved or bruted, and that falls under subheading 7102 10 00, 7102 21 00 or 7102 31 00 of the Combined Nomenclature (Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1 ) and its subsequent amendments. A consolidated version of the Regulation can be consulted at the following address:
https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1566901287584&uri=CE...
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
Importers or economic operators can freely choose a point of entry at an external border of the EU for the import of rough diamonds. However, every import of rough diamonds must first be verified by an EU authority, including those destined to Greenland. An EU authority is a competent authority designated by a Member State and agreed by the Commission to fulfil certain tasks in connection with the implementation of the KPCS, namely the verification of incoming shipments and KP certificates for conformity with KP rules.
Acceptance of a customs declaration for release for free circulation of rough diamonds pursuant to Regulation (EU) No 952/2013 of the European Parliament and of the Council can only happen after the containers and certificates had been verified by an EU authority.
Licensing System:
An administrative procedure used for the operation of import of rough diamonds, i.e. the act of the verification of a KP certificate is required. Some EU member states with Union authorities also require that diamond traders be licensed.
Questions for products under restriction as to the quantity or value of imports
Not applicable. Quantity and value restrictions.
The system applies to products originating from which country?
The system applies to rough diamonds originating in and coming from a participant. A participant is defined as a State, international organization of States or dependent territory of a State, or a customs territory.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Legal basis:
• Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds. (OJ L 358, 31.12.2002, p. 28) and its amendments. The latest consolidated version of the Regulation can be consulted at the following address:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02002R2368-2...
The Regulation provides for controls on the import, export or transit across the EU of rough diamonds in order to meet the EU's obligations under the Kimberley Process Certification Scheme.
Article 3 of Council Regulation (EC) No 2368/2002 provides that the import of rough diamonds into the EU shall be prohibited unless all of the following conditions are fulfilled:
(a) The rough diamonds are accompanied by a certificate validated by the competent authority of a participant (i.e. of the Kimberley Process);
(b) The rough diamonds are contained in tamper-resistant containers, and the seals applied at export by that participant are not broken;
(c) The certificate clearly identifies the consignment to which it refers.
Article 4 of the Regulation provides:
1. Containers and the corresponding certificates shall be submitted for verification, together and at the earliest opportunity, to a Union authority either in the Member State where they are imported or in the Member State for which they are destined, as indicated in the accompanying documents.
2. In cases where rough diamonds are imported into a Member State where there is no Union authority, they shall be submitted to the appropriate Union authority in the Member State for which they are destined. If a Union authority exists neither in the importing Member State nor in the Member State of destination, or with regard to rough diamonds coming from/destined to Greenland, they shall be submitted to an appropriate Union authority in another Member State.
3. The Member State where the rough diamonds are imported shall ensure their submission to the appropriate Union authority provide for in paragraphs 1 and 2. Customs transit may be granted to that effect. If such customs transit is granted, the verification provided for by this Article shall be suspended until arrival at the appropriate Union authority.
There are currently Union Authorities in: Antwerp (Belgium); Idar- Oberstein (Germany); Prague (Czech Republic); Bucharest (Romania); Lisbon (Portugal); Dublin (Ireland); Torino (Italy).
Contact details are available in Annex II of Council Regulation (EC) No 2368/2002.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
Import licences are issued by an EU authority by means of verification. Some member States require that rough diamond traders be registered.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
What documents is the importer required to supply with the application?
The Kimberley Process Certificate means a forgery resistant document with a particular format which identifies a shipment of rough diamonds as being in compliance with the requirements of the Certification Scheme, and is issued by the competent authority of a participant of the Kimberley Process.
Window of submission of an application
How far in advance of importation must application for a licence be made?
All imports of rough diamonds entering the European Union shall without delay be submitted for verification to a Union authority either in the member State where they are imported or in the member State for which they are destined, as indicated in accompanying documents. Containers destined for Greenland shall be submitted for verification to one of the Union authorities, either in the member State where they are imported, or in one of the other member States where a Union authority is established.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Issuing the license
Can a licence be granted immediately on request?
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
The Kimberley Process Certification Scheme is implemented through the national legislation of the respective participants. The European Commission represents the European Union and Greenland in the Kimberley Process certification scheme.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
Tamper resistant container with unbroken seals.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Not applicable.
What is the amount of the fee or charge?
However, it is to be noted that Union Kimberley Process authorities may charge fees for issuing export certificates.
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
If an application for an EU licence for imports does not meet the criteria for import, each EU member State imposes its own sanctions. If a Union authority finds that the failure to fulfil the conditions is not made knowingly or intentionally or is the result of an action by another authority in the exercise of its proper duties, it may proceed with the confirmation and release the shipment, after the necessary remedial measures have been taken to ensure that the conditions are met.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
The import of rough diamonds into the Union shall be prohibited unless all of the following conditions are fulfilled: a) the rough diamonds are accompanied by a certificate validated by the competent authority of a participant (i.e. of the Kimberley Process); b) the rough diamonds are contained in tamper-resistant containers and the seals applied at export by that participant are not broken; c) the certificate clearly identifies the consignment to which it refers. Every import must be verified by a Union authority, which fulfils the task of verifying incoming shipments and Kimberley Process Certificates for conformity with the Kimberley Process requirements.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Not applicable
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Authentic KP certificate accompanying the Kimberley Process certificate, within the period of validity; this may vary depending on the issuing country. The certificate must be valid for the shipment to be accepted in the EU. The Union authority shall keep the originals of certificates submitted for verification for at least three years.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Not applicable
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Not applicable
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable
Is a licence required as a condition to obtaining foreign exchange?
Not applicable
Is foreign exchange always available to cover licences issued?
Not applicable
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable