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2012 KIMBERLEY PROCESS CERTIFICATION SCHEME European Union Annual Report
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KIMBERLEY PROCESS
CERTIFICATION SCHEME
European Union
Annual Report
2012
This Annual report is submitted by the European Union in accordance with Section VI, par. 11
of the KPCS Document, and in line with the Administrative Decision on Peer Review. The
structure of this report follows the Guidelines for the Annual Report annexed to the
Administrative Decision on Peer Review. In line with the Administrative Decision on Internal
Controls and the Brussels Declaration on internal controls of Participants with rough diamond
trading and manufacturing, this annual report contains information regarding implementation
and internal controls, as well as enforcement and infringements.
A. Institutional Framework
1. Overall responsibility: The authority with overall responsibility for the implementation of the
KPCS in the European Union and for ensuring that the relevant European legislation is
applied throughout the EU is the European Commission. The full address and names of
contact persons are given below:
European Commission (FPI)
B-1049 Brussels
Belgium
Tel: +32 2 295 2858
Fax: +32 2 299 0873
e-mail: RELEX-KIMBERLEY-PROCESS@ec.europea.eu
Pre-notification e-mail address (see section F below): prenotifyeu@jrc.ec.europa.eu
Contact persons (address as above):
Ms Genoveva RUIZ CALAVERA
Tel: +32 2299 77 27
e-mail: genoveva.ruiz-calavera@ec.europa.eu
Mr Joris HEEREN
Tel: +32 2295 88 29
e-mail: joris.heeren@ec.europa.eu
Ms Marianna KONDAS
Tel: +32 2298 63 78
e-mail: marianna.kondas@ec.europa.eu
Ms Katharine SHEPHERD
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Tel: +32 2299 85 57
e-mail: katharine.shepherd@ec.europa.eu
2. Import and Export Authorities: Under the terms of the relevant legislation (specifically,
Council Regulation (EC) No 2368/2002 of 20 December 2002), each Member State of the
European Union can designate an ‘EU Authority’ (formerly a ‘Community Authority’) at the
national level acting as the importing and exporting authority for the purposes of the EU. The
EU Authorities are listed in Annex III to Council Regulation (EC) No 2368/2002. In 2011, six
EU Authorities operated in the European Union. The contact details of the six EU Authorities,
including the names of contact persons, are given below:
1. EU Authority in Belgium:
Federal Public Service of Economy
Italielei 124, bus 71
B-2000 Antwerp
Belgium
Tel: +32 (0)2 277 54 59
Fax: +32 (0)2 277 54 61 or +32 (0)2 277 98 70
e-mail: kpcs-belgiumdiamonds@economie.fgov.be
Contact persons:
Ms Frieda COOSEMANS
Tel: +32 (0) 2 277 99 00
e-mail: frieda.coosemans@economie.fgov.be
Ms Anja WAEM
Tel : +32 (0) 2 277 99 19
e-mail: anja.waem@economie.fgov.be
(NB: the EU Authority in Belgium currently issues certificates numbered from EU 500001
upwards)
2. EU Authority in Bulgaria
Ministry of Finance
International Financial Institutions and Cooperation Directorate
102, G. Rakovski str.
Sofia, 1040
Bulgaria
Tel. (359-2) 98 59 24 00/98 59 2401
Fax. (359-2) 98 59 24 02
Email: ific@minfin.bg
Contact person (for the Guidelines only):
Ms Jenya DINKOVA (details as above)
Email: j.dinkova@minfin.bg
(NB: The EU Authority in Bulgaria issues certificates numbered from EU 462001 to EU
463000)
3. EU Authority in the Czech Republic
General Directorate of Customs (Generální ředitelství cel)
Budějovická 7
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140 96 Praha 4
Czech Republic
Tel: + 420 261 333 841
Fax: + 420 261 333 870
e-mail: diamond@cs.mfcr.cz
Contact person:
Ms Petra NEUMANOVA
e-mail: p.neumanova@cs.mfcr.cz
(NB: The EU Authority in the Czech Republic issues certificates numbered from EU 460001 to
EU 461000)
4. EU Authority in Germany
For the issuing and validation of Community Certificates:
Hauptzollamt Koblenz
- Zollamt Idar-Oberstein –
Zertifizierungsstelle für Rohdiamanten
Hauptstrasse 197
D-55743 Idar-Oberstein
Germany
Contact person:
Mr Jürgen BENDER
Tel. + 49 6781 56 27 31
Fax: + 49 678 156 2719
e-mail: poststelle@zabir.bfinv.de
For all other issues:
Bundesfinanzdirektion Südost
Krelingstraße 50
D-90408 Nürnberg
Germany
Contact persons:
Ms Nicole Baur and Mr. Alexander KOPOLT
Tel: + 49 911 376-3754
Fax: + 49 911 376-2273
e-mail: diamond.cert@bfdso.bfinv.de
(NB: The EU Authority in Germany issues certificates numbered from EU 450000 to EU
460000)
5. EU Authority in Romania
Autoritatea Naţională pentru Protecţia Consumatorilor (National Authority for Consumer
Protection)
Direcţia Metale Preţioase şi Pietre Preţioase şi Proces Kimberley (General Department for
Precious Metals, Precious Stones and the Kimberley Process)
Bd. Aviatorilor Nr. 72, sectorul 1 Bucureşti, România,
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(72th Aviatorilor Bvd., sector 1, Bucharest, Romania)
Cod postal (Postal code) 011865
Tel : +0040.0372. 131.951
Fax: +0040.21. 314.34.62
e-mail: office@anpc.ro
website: www.anpc.gov.ro
Contact persons:
Ms. Ioana VIZITIU
e-mail: ioanavisitiu@anpc.ro
Ms Teodora STEFAN CEL MARE TANASOIU
e-mail: teodorascm@anpc.ro
Ms Roxana NEAGOE
e-mail: roxananeagoe@anpc.ro
(NB: The EU Authority in Romania issues certificates numbered from EU 461001 to EU
462000)
6. EU Authority in the United Kingdom
Government Diamond Office
Foreign and Commonwealth Office
Room W3.135
King Charles Street
London SW1A 2AH
United Kingdom
Fax: +44 20 7008 3905
e-mail: gdo@gtnet.gov.uk
Contact person:
Mr Nick JAGGER
Tel: +44 20 7008 6903
e-mail: nick.jagger@fco.gov.uk
Ms Kirstie SMITH
Tel : +44 20 7008 1954
e-mail: kirstie.smith@fco.gov.uk
Mr Martin LEWIS
Tel : +44 20 7008 5797
e-mail: martin.lewis@fco.gov.uk
(NB: The EU Authority in the United Kingdom issues certificates numbered from EU 400001
to EU 450000)
B. Legal Framework
The legislation in place at the time at which the EU became a Participant in the KPCS
remains in place and continues to provide the basis for implementation of the KPCS in the
EU. The basic legislative act, Council Regulation (EC) No 2368/2002, has been amended
periodically, in order to deal with amendments to the list of Participants and also in order to
update details of the EU Authorities. There was one amendment to the Regulation in 2012,
introducing the new EU KP certificate which makes a reference to the “European Union”
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instead of the European Community. The full up to date text of the Regulation can be
accessed on the website of the European Commission at:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002R2368:20130101:EN:PDF
In view of Croatia’s accession to the EU scheduled for 1 July 2013, during 2012 all the
relevant EU legislation was reviewed to accommodate this change, including Council
Regulation (EC) No 2368/2002.
National regulations setting mechanisms and administrative provisions for implementation of
Regulation (EC) 2368/2002 have not been modified substantially in 2012.
C. Import and Export Regime
Volume of exports and imports.
The number of Kimberley Process certificates issued by EU KP Authorities in 2012 amounts
to a total of 28960, for a total volume of 126.8 million carats, valued at $ 17.8 billion. Table 1
in annex provides the details for EU exports in 2012. KP certificates were sent to 37
participants as per Table 2 in annex.
The number of Kimberley Process certificates received by EU KP Authorities in 2012 amounts
to a total of 10849, for a total volume of 124.8 million carats, valued at $ 16.8 billion. Table 3
in annex provides the details for EU imports in 2012. KP certificates were received from 35
participants as per Table 4 in annex.
D. System of internal controls and Industry Self-Regulation (based on recommendation
– optional)
With regard to the system of internal controls, no changes were made.
Regarding enforcement and infringements, EU customs authorities conduct regular
inspections of diamond imports and exports and personal searches, and have taken action in
respect to various cases of non-conformity with KPCS rules. In 2012, the EU customs
authorities detained one new shipment that amounted to approximately 19 carats and $ 152
in value. This is in addition to detained shipments from previous years in relation to which
investigations are ongoing. In greater detail, 15 shipments were seized in previous years that
amounted to roughly 27.900 carats and worth around $ 1.72 million.
With reference to court proceedings during the course of 2012 the following are noted:
Two (2) new proceedings were launched in 2012 for criminal activity in relation to illicit
diamond trading, mostly imports/exports without a valid KP certificate, or KP certificate
fraud.
Seven (7) proceedings initiated over the previous years have been closed.
Five (5) investigations are currently pending decision on possible legal proceedings.
In addition, fines were imposed at an administrative level in relation to certain minor
instances of non-compliance (a total of 4 fines worth 2.130 euro).
Concerning fake KP certificates in 2012 no such cases were reported with the exception of
instances of original KP certificate acquisitions based on false information.
With regard to Enhanced Vigilance against illicit diamonds from various sources the
following are noted for 2012:
Enhanced Vigilance against illicit diamonds from Cote d’Ivoire (paragraphs 5 and 7
of Moscow resolution of November 2005). The EU continues to exercise vigilance,
including updating industry on the status of UN sanctions and conducting vigilance related
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interceptions and inspections. Moreover, the EU notes that it is extremely difficult for
diamond experts to distinguish Ivorian rough diamonds from other rough diamonds,
because there is no reference material at hand. Lastly the Ivorian Kimberley Process
authorities with technical support provided by other KP members are currently
implementing a road map of actions and activities that should lead -in the medium term-
to the country’s readmission to the KP and the subsequent lifting of restrictions to the
trade of its diamonds.
Furthermore, concerning the situation in the Central African Republic, the EU
circulated to all member states a KP Chair Enhanced Vigilance notice published on 28
December 2012 that updated the security situation in the country and presented the
advancement (at that point) of the rebel group “Seleka” into a number of diamond-
producing areas including Bria, Sam Ouandja and Bamingui.
With regard to other possible instances of non-compliance, the EU has engaged
bilaterally in exchanges with various other Participants. The EU has generally received a
positive response to such approaches.
Regarding the functioning of a voluntary system of industry self-regulation, the EU
Authorities in Antwerp and London have provided the European Commission with reports on
their assessment of the functioning of the system of industry self-regulation in accordance
with Article 17(5) of Regulation (EC) No 2368/2002. All members of bourses are required to
provide independently audited declarations of compliance. Moreover all relevant information
on the KP is regularly communicated to the bourses. Lastly, the EU Authorities carried out
random inspections of export shipments, and found no evidence of breach.
With reference to prior notifications received for import in 2012 by the EU authorities, their
total number reached 6.606. At the same time, regarding advance notifications for exports,
the EU authorities sent a total of 21.496 advance notifications during the course of the year.
E. Statistics
The EU has submitted statistical reports on its quarterly trade and certificate counts for all
quarters of 2012 within the deadlines set by the KPCS document. Updates for EU data for
2011 were also submitted on the basis of results of conciliation exercises concluded in the
meantime.
The EU has also submitted to the KP-WGS a reply on the Statistical Analysis report prepared
for 2011 on the EU by Civil Society. This reply was prepared as an obligation of each KP
Participant to comment on the Statistical Analysis report prepared on them, annually.
The EU has been an active member in the KP-WGS since the inception of the KPCS. As a
part of requirements from this participation, in 2012 the EU prepared the Statistical Analysis
Reports for Japan (2011), CAR (2011) and USA (2010 and 2011).
In 2011-2012, it led the WGS subgroup for the review of the KP-WGS Methodology for the
analysis of statistical data which was concluded with the adoption of the document KP-WGS
Guidelines for the Preparation, Review and Analysis of KP Statistical Data, at the 2012
Plenary meeting in Washington DC.
The EU has been developing a methodology on how to prioritize the Participants to reconcile
with partner trade Participants, and how to reconcile transaction data among trade partners. A
presentation of this work was given in a KP-WGS session in the Washington Plenary meeting.
Results of use of this semi-automated approach to reconcile KP data have been obtained for
2011 trade with the UAE, are currently finalized and will be communicated to this partner in
April 2013. The approach will then be applied to a backlog of reconciliation exercises with
other partners. The EU also expects to keep the KP-WGS updated on lessons learnt from
these reconciliation exercises.
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Table 1 - EU exports 2012*
EU exports 2012
Total Weight(ct) Total value (US$) Total number of KP Certificates
Q1 34,837,730.58 4,873,100,099.22 7,856
Q2 27,327,393.26 4,229,743,011.06 7,014
Q3 28,412,856.89 3,967,489,948.98 6,094
Q4 36,244,201.44 4,743,366,469.97 7,996
TOTALS 126,822,182.17 17,813,699,529.23 28,960
EU exports 2012
7102.10 7102.21 7102.31
Weight(ct) Value (US$) Weight(ct) Value (US$) Weight(ct) Value (US$)
Q1 4,138.47 3,119,822.72 1,074,897.68 17,594,470.70 33,758,694.43 4,852,385,805.80
Q2 4,168.35 3,728,264.08 1,303,258.35 15,157,780.95 26,019,966.56 4,210,856,966.03
Q3 4,494.26 3,517,891.55 860,226.80 10,517,961.06 27,548,135.83 3,953,454,096.37
Q4 6,820.46 7,500,997.37 795,435.91 14,909,255.14 35,441,945.07 4,720,956,217.46
TOTALS 19,621.54 17,866,975.72 4,033,818.74 58,179,467.85 122,768,741.89 17,737,653,085.66
*status on 24/04/2013 – These tables reflect the KP-based data on 24/04/2013 and
amendments can occur after (bilateral) reconciliation of the KP-data
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Table 3 - EU imports 2012*
EC imports 2012
Total Weight(ct) Total Value (US$) Total number of KP Certificates
Q1 35,332,856.68 4,768,812,224.73 2,973
Q2 28,341,120.21 4,360,408,905.10 2,734
Q3 29,999,828.82 3,761,095,002.97 2,324
Q4 31,139,977.30 3,898,974,424.82 2,818
TOTALS 124,813,783.01 16,789,290,557.62 10,849
EC imports 2012
7102.10 7102.21 7102.31
Weight(ct) Value (US$) Weight(ct) Value (US$) Weight(ct) Value (US$)
Q1 2,556,854.78 520,418,738.24 6,426,680.85 66,827,714.42 26,349,321.05 4,181,565,772.07
Q2 1,952,674.99 417,056,429.31 4,856,540.42 57,188,924.70 21,531,904.80 3,886,163,551.09
Q3 2,354,638.69 440,382,220.71 5,986,430.61 58,488,933.12 21,658,759.52 3,262,223,849.14
Q4 1,964,536.08 347,624,030.13 6,504,576.60 55,757,994.00 22,670,864.62 3,495,592,400.69
TOTALS 8,828,704.54 1,725,481,418.39 23,774,228.48 238,263,566.24 92,210,849.99 14,825,545,572.99
*status on 24/04/2013 – These tables reflect the KP-based data on 24/04/2013 and
amendments can occur after (bilateral) reconciliation of the KP-data