BETA


2013/0201(CNS) Rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead INTA MOREIRA Vital (icon: S&D S&D) SAÏFI Tokia (icon: PPE PPE), BEARDER Catherine (icon: ALDE ALDE), JADOT Yannick (icon: Verts/ALE Verts/ALE), STURDY Robert (icon: ECR ECR)
Committee Opinion DEVE
Committee Opinion AFET
Lead committee dossier:
Legal Basis:
TFEU 203

Events

2014/03/20
   Final act published in Official Journal
Details

PURPOSE: to lay down the rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme.

LEGISLATIVE ACT: Council Decision N° 136/2014/EU laying down rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme

CONTENT: this Decision is closely linked to an amendment of Regulation (EC) No 2368/2002 , the scope of which is extended to the territory of Greenland for the purpose of the Kimberley certification scheme. Accordingly, Greenland will be prohibited to accept imports or exports of rough diamonds to or from outside of the territory of the Union without a valid Kimberley Process (KP) certificate.

Objective and scope : the 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 set out in Regulation (EC) No 2368/2002 . To that end, it lays down rules and procedures for the application of the KP certification scheme for rough diamonds imported into or exported from Greenland, either to the Union or to other participants in the KP certification scheme.

General rules : Greenland shall ensure that Regulation (EC) No 2368/2002 is transposed 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 KP certification scheme, obligations relating to due diligence, anti-circumvention, exchange of information. It shall also designate the authorities responsible for implementing the relevant provisions of Regulation (EC) No 2368/2002 within its territory

Import/export of diamonds : in general, the Regulation provides that:

· Greenland should only export rough diamonds to other participants in the KP certification scheme after they have been certified by a Union authority listed in Annex III to Regulation (EC) No 2368/2002 (notably rough diamonds mined or extracted in Greenland may be imported into the Union only where they are accompanied by the attesting document as specified in the Annex);

· The Union authorities should also verify imports of rough diamonds into Greenland.

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 the relevant provisions of Regulation (EC) No 2368/2002 into the national law of Greenland so as to allow the application of the Decision,

Report s: the Greenland authority (Bureau of Minerals and Petroleum ) shall provide the Commission with a monthly report on all attesting documents. For each attesting document this report shall list a list of specified technical information regarding issue, expiry and validity.

ENTRY INTO FORCE: 09.04.2014. The Decision 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 to allow the inclusion of Greenland in the KP certification scheme.

2014/02/20
   EP/CSL - Act adopted by Council after consultation of Parliament
2014/02/20
   EP - End of procedure in Parliament
2014/02/20
   CSL - Council Meeting
2014/02/04
   EP - Results of vote in Parliament
2014/02/04
   EP - Decision by Parliament
Details

The European Parliament adopted by 540 votes to 0, with 14 abstentions – in the framework of a special legislative procedure (Parliament consultation) - a legislative resolution on the proposal for a Council decision laying down rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme.

Parliament approved, without amendment, the Commission proposal.

Documents
2013/12/19
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on International Trade unanimously adopted the report by Vital MOREIRA (S&D, PT), in the framework of a special legislative procedure (Parliament’s consultation), approving without amendment, the proposal for a Council decision laying down rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme.

Given that the Kimberley Process is an important innovative instrument to stem the flow of conflict diamonds (rough diamonds used by rebel movements to finance wars against legitimate governments) and that it would be even more beneficial if all the territories were associated with this process (namely Greenland who would therefore become part of the EU certification system as an Overseas country and territory), the committee has suggested that this proposal be adopted without amendment.

Documents
2013/12/17
   EP - Vote in committee
2013/11/06
   EP - Committee draft report
Documents
2013/10/10
   EP - Committee referral announced in Parliament
2013/07/10
   EP - MOREIRA Vital (S&D) appointed as rapporteur in INTA
2013/06/18
   EC - Legislative proposal
Details

PURPOSE to lay down the rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

BACKGROUND: 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, in accordance with the rules laid down in Regulation (EC) No 2368/2002 .

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. The participation of Greenland in the Kimberley Process Certification Scheme 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 to promoting the economic development of Greenland.

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 Regulation (EC) No 2368/2002 will be extended to the territory of Greenland for the purpose of the certification scheme, as provided for in the parallel proposal to amend the Regulation in question.

IMPACT ASSESSMENT: Greenland and Denmark 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 to a participant other than the Union, the participation of the Union, including Greenland, in the Kimberley Process certification scheme and associated obligations.

LEGAL BASIS: Article 203 of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the proposal is closely related to the proposal to amed 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 to or from outside of the territory of the Union without a valid Kimberley Process (KP) certificate .

Imports/exports of rough diamonds:

the export of rough diamonds from Greenland to third countries will be allowed 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.

Applicable rules: the proposal 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:

- be accompanied by:

either a document (or a copy thereof validated by a Union authority) attesting that they were mined in Greenland, or a copy of a Kimberley Process certificate as validated by a Union authority, and

- 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 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.

This proposal is closely connected to a proposal for an amendment to the Regulation of the European Parliament and of the Council on the inclusion of Greenland in implementing the Kimberley Process certification scheme.

The application of that Regulation should be aligned with the entry into force of this proposal for a Decision.

BUDGETARY IMPLICATION: the proposal has no implications for the EU’s budget.

2013/06/18
   EC - Legislative proposal published
Details

PURPOSE to lay down the rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

BACKGROUND: 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, in accordance with the rules laid down in Regulation (EC) No 2368/2002 .

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. The participation of Greenland in the Kimberley Process Certification Scheme 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 to promoting the economic development of Greenland.

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 Regulation (EC) No 2368/2002 will be extended to the territory of Greenland for the purpose of the certification scheme, as provided for in the parallel proposal to amend the Regulation in question.

IMPACT ASSESSMENT: Greenland and Denmark 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 to a participant other than the Union, the participation of the Union, including Greenland, in the Kimberley Process certification scheme and associated obligations.

LEGAL BASIS: Article 203 of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the proposal is closely related to the proposal to amed 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 to or from outside of the territory of the Union without a valid Kimberley Process (KP) certificate .

Imports/exports of rough diamonds:

the export of rough diamonds from Greenland to third countries will be allowed 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.

Applicable rules: the proposal 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:

- be accompanied by:

either a document (or a copy thereof validated by a Union authority) attesting that they were mined in Greenland, or a copy of a Kimberley Process certificate as validated by a Union authority, and

- 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 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.

This proposal is closely connected to a proposal for an amendment to the Regulation of the European Parliament and of the Council on the inclusion of Greenland in implementing the Kimberley Process certification scheme.

The application of that Regulation should be aligned with the entry into force of this proposal for a Decision.

BUDGETARY IMPLICATION: the proposal has no implications for the EU’s budget.

Documents

Votes

A7-0466/2013 - Vital Moreira - Vote unique #

2014/02/04 Outcome: +: 540, 0: 14
DE FR IT GB PL ES RO BE NL SE AT BG CZ PT EL HU SK IE DK LV HR FI LT EE CY SI MT LU ??
Total
70
61
52
52
42
38
27
19
17
17
18
15
15
15
11
10
10
9
9
7
7
6
5
5
5
4
4
3
1
icon: PPE PPE
183

Netherlands PPE

2

Czechia PPE

For (1)

1

Denmark PPE

For (1)

1

Lithuania PPE

1

Estonia PPE

For (1)

1
2

Slovenia PPE

2

Malta PPE

For (1)

1

Luxembourg PPE

2
icon: S&D S&D
145

Netherlands S&D

3

Bulgaria S&D

2

Ireland S&D

1

Finland S&D

1

Estonia S&D

For (1)

1

Cyprus S&D

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1
icon: ALDE ALDE
61

Italy ALDE

2

Austria ALDE

1

Ireland ALDE

2
3

Latvia ALDE

For (1)

1

Finland ALDE

2

Lithuania ALDE

1

Estonia ALDE

2

Slovenia ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
47

United Kingdom Verts/ALE

3

Belgium Verts/ALE

3

Netherlands Verts/ALE

2
3

Austria Verts/ALE

2

Portugal Verts/ALE

For (1)

1

Greece Verts/ALE

1

Latvia Verts/ALE

1

Finland Verts/ALE

2

Estonia Verts/ALE

For (1)

1
icon: ECR ECR
41

Italy ECR

1

Belgium ECR

For (1)

1

Hungary ECR

For (1)

1

Denmark ECR

For (1)

1

Latvia ECR

For (1)

1

Lithuania ECR

1
icon: GUE/NGL GUE/NGL
27

United Kingdom GUE/NGL

1

Spain GUE/NGL

For (1)

1

Netherlands GUE/NGL

2

Portugal GUE/NGL

3

Greece GUE/NGL

2

Ireland GUE/NGL

For (1)

1

GUE/NGL

1
icon: EFD EFD
25

France EFD

1

Poland EFD

3

Belgium EFD

For (1)

1

Netherlands EFD

For (1)

1

Bulgaria EFD

For (1)

1

Greece EFD

2

Slovakia EFD

For (1)

1

Denmark EFD

1

Finland EFD

For (1)

1

Lithuania EFD

2
icon: NI NI
25

France NI

2

Italy NI

2

Spain NI

1

Romania NI

2

Belgium NI

Abstain (1)

1

Bulgaria NI

1

Hungary NI

1

Ireland NI

For (1)

1

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2014-03-20T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014D0136 title: Decision 2014/136 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:084:TOC title: OJ L 084 20.03.2014, p. 0099
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  • date: 2013-11-06T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE521.827 title: PE521.827 type: Committee draft report body: EP
events
  • date: 2013-06-18T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0429/COM_COM(2013)0429_EN.pdf title: COM(2013)0429 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=429 title: EUR-Lex summary: PURPOSE to lay down the rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: 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, in accordance with the rules laid down in Regulation (EC) No 2368/2002 . 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. The participation of Greenland in the Kimberley Process Certification Scheme 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 to promoting the economic development of Greenland. 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 Regulation (EC) No 2368/2002 will be extended to the territory of Greenland for the purpose of the certification scheme, as provided for in the parallel proposal to amend the Regulation in question. IMPACT ASSESSMENT: Greenland and Denmark 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 to a participant other than the Union, the participation of the Union, including Greenland, in the Kimberley Process certification scheme and associated obligations. LEGAL BASIS: Article 203 of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the proposal is closely related to the proposal to amed 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 to or from outside of the territory of the Union without a valid Kimberley Process (KP) certificate . Imports/exports of rough diamonds: the export of rough diamonds from Greenland to third countries will be allowed 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. Applicable rules: the proposal 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: - be accompanied by: either a document (or a copy thereof validated by a Union authority) attesting that they were mined in Greenland, or a copy of a Kimberley Process certificate as validated by a Union authority, and - 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 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. This proposal is closely connected to a proposal for an amendment to the Regulation of the European Parliament and of the Council on the inclusion of Greenland in implementing the Kimberley Process certification scheme. The application of that Regulation should be aligned with the entry into force of this proposal for a Decision. BUDGETARY IMPLICATION: the proposal has no implications for the EU’s budget.
  • date: 2013-10-10T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2013-12-17T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2013-12-19T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-0466&language=EN title: A7-0466/2013 summary: The Committee on International Trade unanimously adopted the report by Vital MOREIRA (S&D, PT), in the framework of a special legislative procedure (Parliament’s consultation), approving without amendment, the proposal for a Council decision laying down rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme. Given that the Kimberley Process is an important innovative instrument to stem the flow of conflict diamonds (rough diamonds used by rebel movements to finance wars against legitimate governments) and that it would be even more beneficial if all the territories were associated with this process (namely Greenland who would therefore become part of the EU certification system as an Overseas country and territory), the committee has suggested that this proposal be adopted without amendment.
  • date: 2014-02-04T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=23887&l=en title: Results of vote in Parliament
  • date: 2014-02-04T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0048 title: T7-0048/2014 summary: The European Parliament adopted by 540 votes to 0, with 14 abstentions – in the framework of a special legislative procedure (Parliament consultation) - a legislative resolution on the proposal for a Council decision laying down rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme. Parliament approved, without amendment, the Commission proposal.
  • date: 2014-02-20T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2014-02-20T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2014-03-20T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to lay down the rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme. LEGISLATIVE ACT: Council Decision N° 136/2014/EU laying down rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme CONTENT: this Decision is closely linked to an amendment of Regulation (EC) No 2368/2002 , the scope of which is extended to the territory of Greenland for the purpose of the Kimberley certification scheme. Accordingly, Greenland will be prohibited to accept imports or exports of rough diamonds to or from outside of the territory of the Union without a valid Kimberley Process (KP) certificate. Objective and scope : the 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 set out in Regulation (EC) No 2368/2002 . To that end, it lays down rules and procedures for the application of the KP certification scheme for rough diamonds imported into or exported from Greenland, either to the Union or to other participants in the KP certification scheme. General rules : Greenland shall ensure that Regulation (EC) No 2368/2002 is transposed 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 KP certification scheme, obligations relating to due diligence, anti-circumvention, exchange of information. It shall also designate the authorities responsible for implementing the relevant provisions of Regulation (EC) No 2368/2002 within its territory Import/export of diamonds : in general, the Regulation provides that: · Greenland should only export rough diamonds to other participants in the KP certification scheme after they have been certified by a Union authority listed in Annex III to Regulation (EC) No 2368/2002 (notably rough diamonds mined or extracted in Greenland may be imported into the Union only where they are accompanied by the attesting document as specified in the Annex); · The Union authorities should also verify imports of rough diamonds into Greenland. 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 the relevant provisions of Regulation (EC) No 2368/2002 into the national law of Greenland so as to allow the application of the Decision, Report s: the Greenland authority (Bureau of Minerals and Petroleum ) shall provide the Commission with a monthly report on all attesting documents. For each attesting document this report shall list a list of specified technical information regarding issue, expiry and validity. ENTRY INTO FORCE: 09.04.2014. The Decision 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 to allow the inclusion of Greenland in the KP certification scheme. docs: title: Decision 2014/136 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014D0136 title: OJ L 084 20.03.2014, p. 0099 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:084:TOC
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        • PURPOSE: to lay down the rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme.

          LEGISLATIVE ACT: Council Decision N° 136/2014/EU laying down rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme

          CONTENT: this Decision is closely linked to an amendment of Regulation (EC) No 2368/2002, the scope of which is extended to the territory of Greenland for the purpose of the Kimberley certification scheme. Accordingly, Greenland will be prohibited to accept imports or exports of rough diamonds to or from outside of the territory of the Union without a valid Kimberley Process (KP) certificate.

          Objective and scope: the 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 set out in Regulation (EC) No 2368/2002. To that end, it lays down rules and procedures for the application of the KP certification scheme for rough diamonds imported into or exported from Greenland, either to the Union or to other participants in the KP certification scheme.

          General rules: Greenland shall ensure that Regulation (EC) No 2368/2002 is transposed 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 KP certification scheme, obligations relating to due diligence, anti-circumvention, exchange of information. It shall also designate the authorities responsible for implementing the relevant provisions of Regulation (EC) No 2368/2002 within its territory 

          Import/export of diamonds: in general, the Regulation provides that:

          ·         Greenland should only export rough diamonds to other participants in the KP certification scheme after they have been certified by a Union authority listed in Annex III to Regulation (EC) No 2368/2002 (notably rough diamonds mined or extracted in Greenland may be imported into the Union only where they are accompanied by the attesting document as specified in the Annex);

          ·         The Union authorities should also verify imports of rough diamonds into Greenland.

          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 the relevant provisions of Regulation (EC) No 2368/2002 into the national law of Greenland so as to allow the application of the Decision,

          Reports: the Greenland authority (Bureau of Minerals and Petroleum) shall provide the Commission with a monthly report on all attesting documents. For each attesting document this report shall list a list of specified technical information regarding issue, expiry and validity.

          ENTRY INTO FORCE: 09.04.2014. The Decision 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 to allow the inclusion of Greenland in the KP certification scheme.

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        • The European Parliament adopted by 540 votes to 0, with 14 abstentions – in the framework of a special legislative procedure (Parliament consultation) - a legislative resolution on the proposal for a Council decision laying down rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme.

          Parliament approved, without amendment, the Commission proposal.

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        • type: Decision by Parliament, 1st reading/single reading title: T7-0048/2014
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          • PURPOSE to lay down the rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme.

            PROPOSED ACT: Council Decision.

            ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

            BACKGROUND: 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, in accordance with the rules laid down in Regulation (EC) No 2368/2002.

            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. The participation of Greenland in the Kimberley Process Certification Scheme 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 to promoting the economic development of Greenland.

            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 Regulation (EC) No 2368/2002 will be extended to the territory of Greenland for the purpose of the certification scheme, as provided for in the parallel proposal to amend the Regulation in question.

            IMPACT ASSESSMENT: Greenland and Denmark 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 to a participant other than the Union, the participation of the Union, including Greenland, in the Kimberley Process certification scheme and associated obligations.

            LEGAL BASIS: Article 203 of the Treaty on the Functioning of the European Union (TFEU).

            CONTENT: the proposal is closely related to the proposal to amed 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 to or from outside of the territory of the Union without a valid Kimberley Process (KP) certificate.

            Imports/exports of rough diamonds:

            • the export of rough diamonds from Greenland to third countries will be allowed 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.

            Applicable rules: the proposal 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:

            - be accompanied by:

            • either a document (or a copy thereof validated by a Union authority) attesting that they were mined in Greenland, or
            • a copy of a Kimberley Process certificate as validated by a Union authority, and

            - 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 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.

            This proposal is closely connected to a proposal for an amendment to the Regulation of the European Parliament and of the Council on the inclusion of Greenland in implementing the Kimberley Process certification scheme.

            The application of that Regulation should be aligned with the entry into force of this proposal for a Decision.

            BUDGETARY IMPLICATION: the proposal has no implications for the EU’s budget.

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          • The Committee on International Trade unanimously adopted the report by Vital MOREIRA (S&D, PT), in the framework of a special legislative procedure (Parliament’s consultation), approving without amendment, the proposal for a Council decision laying down rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme.

            Given that the Kimberley Process is an important innovative instrument to stem the flow of conflict diamonds (rough diamonds used by rebel movements to finance wars against legitimate governments) and that it would be even more beneficial if all the territories were associated with this process (namely Greenland who would therefore become part of the EU certification system as an Overseas country and territory), the committee has suggested that this proposal be adopted without amendment.

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          • PURPOSE to lay down the rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme.

            PROPOSED ACT: Council Decision.

            ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

            BACKGROUND: 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, in accordance with the rules laid down in Regulation (EC) No 2368/2002.

            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. The participation of Greenland in the Kimberley Process Certification Scheme 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 to promoting the economic development of Greenland.

            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 Regulation (EC) No 2368/2002 will be extended to the territory of Greenland for the purpose of the certification scheme, as provided for in the parallel proposal to amend the Regulation in question.

            IMPACT ASSESSMENT: Greenland and Denmark 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 to a participant other than the Union, the participation of the Union, including Greenland, in the Kimberley Process certification scheme and associated obligations.

            LEGAL BASIS: Article 203 of the Treaty on the Functioning of the European Union (TFEU).

            CONTENT: the proposal is closely related to the proposal to amed 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 to or from outside of the territory of the Union without a valid Kimberley Process (KP) certificate.

            Imports/exports of rough diamonds:

            • the export of rough diamonds from Greenland to third countries will be allowed 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.

            Applicable rules: the proposal 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:

            - be accompanied by:

            • either a document (or a copy thereof validated by a Union authority) attesting that they were mined in Greenland, or
            • a copy of a Kimberley Process certificate as validated by a Union authority, and

            - 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 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.

            This proposal is closely connected to a proposal for an amendment to the Regulation of the European Parliament and of the Council on the inclusion of Greenland in implementing the Kimberley Process certification scheme.

            The application of that Regulation should be aligned with the entry into force of this proposal for a Decision.

            BUDGETARY IMPLICATION: the proposal has no implications for the EU’s budget.

          activities
          • date: 2013-06-18T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0429/COM_COM(2013)0429_EN.pdf title: COM(2013)0429 type: Legislative proposal published celexid: CELEX:52013PC0429:EN body: EC type: Legislative proposal commission:
          committees
          • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
          • body: EP responsible: False committee_full: Development committee: DEVE
          • body: EP responsible: True committee_full: International Trade committee: INTA
          links
          National parliaments
          European Commission
          other
            procedure
            geographical_area
            Greenland
            reference
            2013/0201(CNS)
            instrument
            Decision
            legal_basis
            Treaty on the Functioning of the EU TFEU 203
            stage_reached
            Preparatory phase in Parliament
            subtype
            Legislation
            title
            Rules and procedures to enable the participation of Greenland in the Kimberley Process certification scheme
            type
            CNS - Consultation procedure
            subject