Exports of rough diamonds to third countries from the territory of the EU or Greenland are currently possible via Belgium (Antwerp), the Czech Republic (Prague-Ruzyne), Ireland (Dublin), Italy (Turin, Rome), Germany (Idar-Oberstein, Nuremberg), Portugal (Lisbon) and Romania (Bucharest), where there are existing EU competent authorities and where export controls and customs clearance are carried out.
Of course, exports are only allowed to the Kimberley Process (KP) Member States.
The essential conditions set out in Articles 11 and 12 of Council Regulation No 2368/2002 must be fulfilled for the export of rough diamonds.
BASIC CONDITIONS FOR EXPORTS OF ROUGH DIAMONDS TO THIRD COUNTRIES
1. Rough diamonds must be accompanied by a KP certificate issued and validated by the competent authority of the EU (KP member).
2. Rough diamonds must be stored in containers resistant to forcible opening and fitted with seals.
If the above basic conditions for the export of rough diamonds are not met, the export from the territory of the EU and Greenland is prohibited.
ISSUANCE OF THE EU KP CERTIFICATE
To issue an EU KP certificate, a shipment of rough diamonds must be submitted for assessment to the EU competent authority and the exporter must meet the conditions for its issuance. The issuance of a KP certificate is not subject to an administrative fee. The EU KP certificate is valid for the export of goods for a maximum period of 2 months from the date of issue, and in case the shipment of rough diamonds is not exported during this period, the KP certificate must be returned to the issuing EU competent authority. During the period of validity of the KP certificate, the exporter is in principle free to choose when and where customs formalities and actual exports to third countries are to take place. The EU competent authority issuing and validating the KP certificate shall provide the exporter with a certified copy of the issued EU KP certificate. The exporter shall keep all copies of the KP certificates available for a period of at least 3 years.
The EU competent authority shall not validate the EU KP certificate issued until it has verified that the content of the shipment of rough diamonds stored in the container corresponds to the data in the KP certificate and that the container has been sealed under the responsibility of the EU competent authority.
Conditions for issuing an EU KP certificate
1. The rough diamonds were imported into the EU legally or mined in Greenland.
The exporter demonstrates the legality of importing into the EU by presenting documentation – import customs declaration and/or providing invoices issued after the original KP import certificate (possibly a declaration signed by the exporter who is a member of the diamond organisation implementing the guarantee scheme and self-regulatory sectoral measures referred to in Article 17 of Regulation (EC) No 2368/2002).
2. All the information required to issue a KP certificate is correct.
Before issuing a KP certificate, the EU competent authority may carry out a physical inspection of the contents of the shipment of rough diamonds to verify the data reported.
The rough diamonds are indeed destined for import into the territory of the KP member, which is verified by the competent EU authority.
Rough diamonds are transported in containers resistant to forcible opening.
NOTICE CONCERNING THE EXPORT AND EXIT OF ROUGH DIAMONDS FROM THE TERRITORY OF THE CZECH REPUBLIC
In the Czech Republic, the Customs Office in Prague is the only customs office authorised to decide on placing of a consignment of rough diamonds under the export procedure (pursuant to § 16(1) of the Act No 440/2003).
A consignment of rough diamonds must always be presented at the same time as the export declaration is lodged for the purpose of physical check of the consignment presented, of comparing it with the documents presented and issuing and validating the EU KP certificate. The declarant shall be informed in writing by the Customs Office in Prague of the course of the customs procedure and of the control of the shipment of rough diamonds after the customs declaration has been lodged.
A consignment of rough diamonds placed under the customs export procedure may only leave the EU at the Customs Office in Prague or at the customs office in whose jurisdiction the selected international airports, i.e. Brno-Tuřany Airport and Ostrava-Mošnov Airport, are located (§ 16(3) of Act No 440/2003). The customs office of exit shall check the consignment of rough diamonds for compliance with the basic conditions for export to third countries and its actual exit.
The costs of transporting a consignment of rough diamonds from the Customs Office in Prague, Washingtonova 1623/7, 110 00 Prague 1 to another Customs Office shall be borne by the declarant (§ 41 Act No 440/2003).
