Export of cultural goods

Export of cultural goods

Outline of the Community (European Union) legislation about Export of cultural goods

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Other

Export of cultural goods

In order to ensure that exports of cultural goods are subject to uniform checks, this Regulation makes the presentation of an export licence compulsory for their export outside the customs territory of the Community.

Document or Iniciative

Council Regulation (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods [See amending acts].

Summary

The Regulation ensures uniform checks on exports of certain categories of cultural goods, listed in the Annex.

Export licence

An export licence must be presented for the export of cultural goods covered by the Regulation. Licences are valid throughout the Community.

The licence is issued by the competent authorities of the Member States at the request of the exporter.

The licence must be presented together with the export declaration during the completion of customs formalities at the competent customs office.

Member States may refuse to accept an export licence when the cultural goods in question are covered by legislation protecting national treasures of artistic, historical or archaeological value in the Member State concerned.

Administrative cooperation

The administrative authorities of the Member States provide mutual assistance and cooperate with the Commission in implementing the Regulation.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EEC) No 3911/92 1.4.1993 OJ L 395 of 31.12.1992
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 2469/96 27.12.1996 OJ L 335 of 24.12.1996
Regulation (EC) No 974/2001 8.6.2001 OJ L 137 of 19.5.2001
Regulation (EC) No 806/2003 5.6.2003 OJ L 122 of 16.5.2003

Related Acts

Implementing measures

Commission Regulation (EEC) No 752/93 of 30 March 1993 laying down implementing provisions for Council Regulation (EEC) No 3911/92 on the export of cultural goods [Official Journal L 77 of 31.3.1993].
The Regulation lays down the principle of prior export licensing of certain categories of cultural goods defined in the Annex to the Regulation. It defines the form provided for the purpose, how it is used and the period of validity of the export licence. This Regulation has been amended by the following Regulations:

Commission Regulation (EC) No 1526/98 of 16 July 1998 amending Commission Regulation (EEC) No 752/93 laying down provisions for the implementation of Council Regulation (EEC) No 3911/92 on the export of cultural goods [Official Journal L 201 of 17.7.1998].
To eliminate unnecessary administrative work, this Regulation introduces the concept of open licences for the temporary export of cultural goods for use and/or for exhibition in non-member countries.

Commission Regulation (EC) No 656/2004 of 7 April 2004 amending Regulation (EEC) No 752/93 laying down provisions for the implementation of Council Regulation (EEC) No 3911/92 on the export of cultural goods [Official Journal L 104 of 8.4.2004; Corrigendum Official Journal L 203 of 8.6.2004].
This Regulation establishes a new model form for standard export licences. The former document was not in line with the United Nations Layout for Trade Documents.
The Regulation also provides for the possibility of issuing licences electronically in those Member States that so wish.
In addition, to facilitate checks on exports of cultural goods, the Regulation lays down that customs offices of exit from the Community customs territory must return sheet 3 of the standard export licence form directly to the authority responsible for issuing export licences for cultural goods.

Report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the implementation of Council Regulation (EEC) No 3911/92 on the export of cultural goods and Council Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State [COM(2000) 325 final – Not published in the Official Journal].
The Report states that the measures listed have made Member States and international traders aware of the need to improve protection for cultural goods at European level. However, it recognises that the measures have had a limited influence on the fight against the illegal trade in cultural goods.

Competent authorities

List of authorities competent to issue export licences for cultural goods, published in accordance with Article 3(2) of Council Regulation (EEC) No 3911/92 [Official Journal C 145 of 17.5.2001].
This list of customs offices competent to complete export formalities for cultural goods is published in accordance with Article 5(2) of this Regulation.

Administrative cooperation

Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters [Official Journal L 82 of 22.3.1997].


Another Normative about Export of cultural goods

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Internal market > Single Market for Goods > Single market for goods: external dimension

Export of cultural goods

Document or Iniciative

Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods.

Summary

The regulation provides rules for the export of cultural goods with a view to their protection. It ensures that uniform controls are carried out on these exports at the external borders of the European Union (EU). The categories of cultural objects to which the regulation applies are listed in Annex I.

Export licence

An export licence must be presented when a cultural good is exported outside the customs territory of the EU. The exporter must request such a licence, which is issued by the competent EU country authority. It is valid throughout the Union. An EU country may refuse an export licence if the goods are protected by legislation on national treasures of artistic, historical or archaeological value. Under certain circumstances, an EU country may permit exports of certain cultural goods without a licence.

The export licence must be presented together with the export declaration at the competent customs office when the customs export formalities are being completed. EU countries may limit the number of customs offices competent for the formalities relating to cultural goods.

Implementation

With a view to implementing this regulation, national administrative authorities are to provide each other with mutual assistance as well as cooperate with the Commission. Furthermore, cooperation must be established between EU countries’ customs and competent authorities.

EU countries must establish effective, proportionate and dissuasive penalties for infringements of the regulation.

Background

Since its adoption, Regulation (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods has been amended on several occasions. For reasons of rationality and clarity, it is repealed in order to be replaced by the current regulation.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 116/2009

2.3.2009

OJ L 39 of 10.2.2009

Related Acts


List of authorities empowered to issue export licences for cultural goods, published in accordance with Article 3(2) of Council Regulation (EC) No 116/2009 [Official Journal C 164 of 16.7.2009].


List of customs offices empowered to handle formalities for the exportation of cultural goods, published in accordance with Article 5(2) of Council Regulation (EC) No 116/2009 [Official Journal C 134 of 13.6.2009].

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