S.I. No. 878/2005 - European Communities (Kimberley Process) (Trade in Rough Diamonds) Regulations 2005

1. These regulations may be cited as the European Communities (Kimberley Process) (Trade in Rough Diamonds Regulations) 2005.

2. In these Regulations -

“Council Regulation” means Council Regulation (EC) No. 2368/2002 of 20 December 2002

1

as amended, in particular, by Council Regulation(EC) No. 254/2003 of 11 February 2003

2

, Commission Regulation (EC)No. 257/2003 of 11 February 2003

3

, Commission Regulation (EC) No. 762/2003 of 30 April 2003

4

, Commission Regulation (EC) No. 1214/2003 of 7 July 2003

5

, Commission Regulation (EC) No. 1474/2004 of 18 August 2004

6

, Commission Regulation (EC) No. 522/2005 of 1 April 2005

7

, Commission Regulation (EC) No. 718/2005 of 12 May 2005

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and Commission Regulation (EC) No. 1574/2005 of 28 September 2005

9

;

“Government Diamond Office” means the body so described and listed in Annex III (replaced by the Annex to Commission Regulation (EC) No. 718/2005 of 12 May 2005) to the Council Regulation.

3. The Government Diamond Office is designated by virtue of Article 2(f) of the Council Regulation as the Community Authority for the purposes of that Regulation.

4. (1) A person who contravenes the Council Regulation is guilty of an offence.

(2) A person who commits an offence under paragraph (1) of this Regulation is liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both.

5. Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to be attributable to any neglect on the part of a person, being a director, manager secretary or other officer of the body corporate, or any other person who was acting or purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

GIVEN under my Official Seal, 19 December 2005.

NOEL DEMPSEY

_______________________

Minister for Communications, Marine and Natural Resources

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation).

The effect of this Order is to provide for penalties for infringement of Council Regulation (EC) No 2368/2002, as amended and to designate the Government Diamond Office as the Community Authority for the purposes of that Regulation.

This Council Regulation is intended to give effect to United Nations’ calls for effective measures against international trade in rough diamonds which fuel violent conflicts particularly in certain parts of the African Continent.

1

OJ No. L 358, 31/12/2002, p. 28,

1

OJ No. L 358, 31/12/2002, p. 28,

2

OJ No. L 36, 12/2/2003, p. 7,

3

OJ No. L 36, 12/2/2003, p. 11

4

OJ No. L109, 1/5/2003, p. 10

5

OJ No. L1698, 8/7/2003, p. 30

6

OJ No. L271, 19/8/2004, p. 29

7

OJ No. L84, 2/4/2005, p. 8

8

OJ No. L 126, 19/5/2005, p. 68

9

OJ No. L 253, 29/9/2005, p. 11

S.I. Number 878 of 2005

European Communities (Kimberley Process) (Trade in Rough Diamonds) Regulations 2005

I, Noel Dempsey, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by

section 3

of the

European Communities Act 1972

(No. 27 of 1972), and for the purpose of giving full effect to Council Regulation (EC) No. 2368/2002 of 20 December 2002

1

as amended, hereby make the following regulations