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The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019

S.I. 2019/844 · Made 26 March 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Made 26th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 M1.

In accordance with paragraph 1(2) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament.

Annotations to the whole text

Marginal citations

M1

2018 c. 16.

Contents

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. Part 2: Amendment of subordinate legislation
  4. 2Amendment of the Kimberley Process (Fees) Regulations 2014
  5. Part 3: Amendment of retained direct EU legislation
  6. 3Amendment of Council Regulation (EC) 2368/2002
  7. 4Amendments to subject matter and definitions
  8. 5Regulation 5
  9. 6Amendments to the import regime
  10. 7Regulation 7
  11. 8Regulation 8
  12. 9Regulation 9
  13. 10Regulation 10
  14. 11Regulation 11
  15. 12Regulation 12
  16. 13Regulation 13
  17. 14Amendments to the export regime
  18. 15Regulation 15
  19. 16Regulation 16
  20. 17Regulation 17
  21. 18Regulation 18
  22. 19Regulation 19
  23. 20Amendments to industry self-regulation
  24. 21Amendments to transit
  25. 22Amendments to general provisions
  26. 23Regulation 23
  27. 24Regulation 24
  28. 25Regulation 25
  29. 26Regulation 26
  30. 27Regulation 27
  31. 28Regulation 28
  32. 29Regulation 29
  33. 30The Annexes
  34. Signature
  35. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 and come into force on exit day M1.

2Amendment of the Kimberley Process (Fees) Regulations 2014I1

(1)

The Kimberley Process (Fees) Regulations 2014 M1 are amended as follows.

(2)

In regulation 3, omit “the United Kingdom's European Union obligations arising from”.

(3)

In the Schedule, for “Community Certificate” substitute “ United Kingdom certificate ”.

3Amendment of Council Regulation (EC) 2368/2002I1

(1)

Council Regulation (EC) 2368/2002 M1, implementing the Kimberley Process certification scheme for the international trade in rough diamonds, is amended as follows.

(2)

Except where otherwise amended by these Regulations—

(a)

for “a Community authority”, “the Community authority”, “the appropriate Community authority”, “the relevant Community authority”, or “that Community authority”, substitute “the United Kingdom competent authority”;

(b)

for “Community territory”, substitute “ United Kingdom ”;

(c)

for “Community certificate”, substitute “ United Kingdom certificate ”.

4Amendments to subject matter and definitionsI1

(1)

Article 1 is amended as follows.

(2)

For “Union”, substitute “ United Kingdom ”.

(3)

Omit the second paragraph.

5I1

(1)

Article 2 is amended as follows.

(2)

In point (c), for from “, has notified that” to “in Annex II” substitute “ and has notified that fact to the Chair of the KP certification scheme. ”.

(3)

For point (f), substitute—

“‘United Kingdom competent authority’ means ‘the Secretary of State’;”.

(4)

For point (g), substitute—

“‘United Kingdom certificate’ means a certificate issued by the United Kingdom competent authority;”.

(5)

Omit points (o) to (q).

6Amendments to the import regimeI1

In Article 3, omit “or Greenland”.

7I1

In Article 4, for paragraphs 1 to 3, substitute—

“

1

Containers and the corresponding certificates shall without delay be submitted for verification to the United Kingdom competent authority.”.

8I1

In Article 5, in paragraph 3, omit “the Commission and”.

9I1

Omit Article 6.

10I1

Omit Article 7.

11I1

(1)

Article 8 is amended as follows.

(2)

In paragraph 1—

(a)

for “The Commission”, substitute “ The United Kingdom competent authority ”;

(b)

omit “or Greenland”.

(3)

Omit paragraph 2.

12I1

Omit Article 9.

13I1

(1)

Article 10 is amended as follows.

(2)

Omit paragraph 1.

(3)

In paragraph 2—

(a)

for from “the Commission or” to “by the Commission”, substitute “ the Chair of the Kimberley Process Certification Scheme ”;

(b)

for from “in particular with a view” to “certification scheme”, substitute “ as necessary for the monitoring or facilitation of the KP certification scheme ”.

14Amendments to the export regimeI1

(1)

Article 11 is amended as follows.

(2)

Omit “or Greenland”.

(3)

In point (a), at the end, insert “ , or a certificate issued and validated under this Regulation prior to F1IP completion day. ”.

15I1

(1)

Article 12 is amended as follows.

(2)

In paragraph 1(a)(i), omit “or”.

(3)

Omit paragraph 1(a)(ii).

(4)

In paragraph 5, omit “issuing”.

16I1

(1)

Article 13 is amended as follows.

(2)

For “in Annex V”, substitute “ in the list of self-regulating diamond organisations, as published by the Secretary of State for the purposes of Article 17 ”.

(3)

For “Community” (in the second place it occurs), substitute “ United Kingdom ”.

17I1

In Article 14, in paragraph 3, omit “the Commission and”.

18I1

(1)

Article 15 is amended as follows.

(2)

Omit paragraph 1.

(3)

For paragraph 2, substitute—

“

2

The United Kingdom competent authority shall keep for at least three years the authenticated copies provided for under Article 12(4) as well as all information received from an exporter to justify the issue and validation of a United Kingdom certificate.

The United Kingdom competent authority shall provide the Chair of the Kimberley Process Certification Scheme with access to those authenticated copies of this information as necessary for the monitoring or facilitation of the KP certification scheme.”.

19I1

(1)

Article 16 is amended as follows.

(2)

In paragraph 1—

(a)

for “Commission”, substitute “ United Kingdom competent authority ”;

(b)

for “Community” (in the first place it occurs), substitute “ United Kingdom ”.

(3)

Omit paragraph 2.

20Amendments to industry self-regulationI1

(1)

Article 17 is amended as follows.

(2)

In paragraph 1—

(a)

for “Commission”, substitute “ Secretary of State ”;

(b)

for from “Annex V” to “Community authority”, substitute “ the list of self-regulating organisations published by the Secretary of State for the purposes of this Article. ”.

(3)

In paragraph 2—

(a)

in point (a), omit from “, at the latest” to “in Article 29(3)”;

(b)

in point (a)(ix), at the end, insert “ , or, if prior to F1IP completion day, a competent authority ”;

(c)

in point (b)(ii), for “Commission” substitute “ United Kingdom competent authority ”;

(d)

in point (c), omit “the Commission and”.

(4)

In paragraph 3—

(a)

omit “the Commission and”;

(b)

omit “of a Member State in which they are resident or established”.

(5)

For paragraph 4, substitute—

“

4

The Secretary of State must publish a list containing each organisation that fulfils the requirements of this Article M1.”.

(6)

In paragraph 5, omit point (b).

(7)

In paragraph 6—

(a)

omit “in a Member State”;

(b)

after “Article”, in the first place in which it occurs, omit “and established or resident in that Member State”;

(c)

after “member thereof”, omit “established or resident in that Member State”.

(8)

Omit paragraph 7.

(9)

In paragraph 8—

(a)

Omit from “of a Member State” to “referred to in Article 22(2),”;

(b)

for “in Annex V”, substitute “ of self-regulating organisations published by the Secretary of State for the purposes of this Article ”.

(10)

Omit paragraph 9.

(11)

In paragraph 10, for “Community” substitute “ United Kingdom ”.

21Amendments to transitI1

(1)

Article 18 is amended as follows.

(2)

Omit “or Greenland” in both places in which it occurs.

(3)

For “those territories”, substitute “ the United Kingdom ”.

22Amendments to general provisionsI1

(1)

Article 19 is amended as follows.

(2)

Omit paragraph 1.

(3)

In paragraph 2, for from “Member States” to “Community authorities”, substitute “ The Secretary of State must provide the Chair of the Kimberley Process Certification Scheme with the information showing that the United Kingdom competent authority ”.

(4)

Omit paragraph 3.

(5)

In paragraph 4, for “Community authorities” substitute “ The United Kingdom competent authority ”.

(6)

Omit paragraph 5.

(7)

Omit paragraph 6.

23I1

In Article 20, for “Commission may amend” substitute “ Secretary of State must publish (and update from time to time to reflect any changes) M1 ”.

24I1

Omit Articles 21 to 23.

25I1

In Article 24, omit paragraph 3.

26I1

In Article 25, omit the second to fifth paragraphs.

27I1

In Article 26, omit “other Community or”.

28I1

In Article 28, in each place in which it occurs, for “a Member State” substitute “ the United Kingdom ”.

29I1

For Article 29, substitute—

“Amendments to the certification scheme

29
(1)

Where the condition in paragraph (2) is met, the Secretary of State may by regulations amend this Regulation.

(2)

The condition is that that the Secretary of State considers that this Regulation is no longer effective to ensure that the law of the United Kingdom is consistent with the international Kimberley Process requirements.

(3)

Regulations under this Article may only contain provision that the Secretary of State considers to be—

(a)

appropriate for the purposes of ensuring that this Regulation is consistent with the international Kimberley Process requirements; or

(b)

appropriate in connection with any provision made under point (a).

(4)

Regulations under this Article may contain transitional and consequential provisions and savings.

(5)

The power in this Article to make regulations is exercisable by the Secretary of State by statutory instrument.

(6)

A statutory instrument containing regulations under this Article may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(7)

In this Article “the international Kimberley Process requirements” means any certification requirements or similar controls relating to the import or export of rough diamonds that are agreed from time to time by the Participants.”.

30The AnnexesI1

Omit Annexes II to V.

Signature

Signed by authority of the Secretary of State for Foreign and Commonwealth Affairs

Alan Duncan

Minister of State

Foreign and Commonwealth Office

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in section 8 of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (under paragraphs (a), (b), (d), and (g) of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in respect of the Kimberley Process certification scheme, which relates to the import and export of rough diamonds and measures to minimise the trade of rough diamonds from conflict zones. In particular, these Regulations amend legislation relating to fees required for the provision of certificates under the Kimberley Process certification scheme, and the regulatory framework and powers intended to ensure that rough diamonds are not imported to or exported from the United Kingdom unless they are properly certificated under the Kimberley Process certification scheme. Part 2 amends subordinate legislation and Part 3 amends retained direct EU legislation.

These Regulations make provision for the Secretary of State to amend further the retained EU law relating to the Kimberley Process certification scheme by statutory instrument, where the Secretary of State considers that law is no longer effective to ensure that the law of the United Kingdom is consistent with the international Kimberley Process requirements.

These Regulations make provision for the Secretary of State to publish information, and this will be found at: https://www.gov.uk/guidance/export-diamonds-special-rules.

An impact assessment has not been prepared for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen.