Tag Archives: Export

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].

Ban on trade in cat and dog fur

Ban on trade in cat and dog fur

Outline of the Community (European Union) legislation about Ban on trade in cat and dog fur

Topics

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

Food safety > Animal welfare

Ban on trade in cat and dog fur

Document or Iniciative

Regulation (EC) No 1523/2007 of the European Parliament and of the Council of 11 December 2007 banning the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur.

Summary

The Regulation bans, from 31 December 2008, the placing on the market and the import to or export from the European Union (EU) of cat and dog fur and products containing such fur.

The ban may exceptionally be subject to derogations by the Commission, for educational or taxidermy purposes.

By 31 December 2008 the Member States must inform the Commission of the analytical methods they use to identify the species of origin of fur (e.g. MALDI-TOF Mass Spectrometry). The Commission may adopt measures establishing analytical methods to be used in this sphere.

By 31 December 2008 the Member States must lay down appropriate penalties to ensure that the ban is complied with and notify those provisions to the Commission.

By 31 December 2010 the Commission must report on the application of the Regulation.

Background

The Treaty does not allow the Community to legislate on the basis of ethical concerns. That is why the proposal is based on the possibility, confirmed by consistent Court of Justice case-law, of adopting measures aimed at preventing obstacles that may affect the functioning of the Internal Market, in this case in the fur trade sector.

Several Member States have in fact already taken measures to restrict trade in cat and dog fur on their territory, forcing professionals in this sector to comply with different obligations depending on the country.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1523/2007 16.1.2008 OJ L 343, 27.12.2007

Related Acts

Communication from the Commission to the European Parliament and the Council of 23 January 2006 on a Community Action Plan on the Protection and Welfare of Animals 2006-2010 [

COM(2006) 13 final

– Official Journal C 49 of 28.2.2006].
For the period 2006-2010, the European Union (EU) is planning general measures aimed at ensuring animal welfare and protection. The measures will focus on improving standards, developing research and indicators, informing professionals and consumers and taking action at international level.

Return of cultural objects unlawfully removed from the territory of an EU country

Return of cultural objects unlawfully removed from the territory of an EU country

Outline of the Community (European Union) legislation about Return of cultural objects unlawfully removed from the territory of an EU country

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

Return of cultural objects unlawfully removed from the territory of an EU country

Document or Iniciative

Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State [See amending acts].

Summary

The purpose of the directive is to ensure the return of cultural objects classed as “national treasures possessing artistic, historic or archaeological value” under national legislation or administrative procedures, provided that they:

  • fall within one of the categories listed in the annex to the directive;
  • form an integral part of public collections recorded in the inventories of museums, archives or libraries or those of ecclesiastical institutions.

To apply the directive, European Union (EU) countries may class an object as a national treasure even after it has left their territory. They may also extend the scope of application to cultural objects that do not belong to any of the categories listed in the annex.

The directive applies where such objects have been removed from the territory of an EU country unlawfully, i.e. in breach of the legislation in force there or of the conditions under which temporary authorisation was granted. Consequently, the objects must be returned, irrespective of whether they have been moved within the Union or first exported to a non-EU country and then re-imported to another EU country.

The directive applies only to cultural objects unlawfully removed from the territory of an EU country on or after 1 January 1993. However, EU countries may broaden the scope to include objects that have been unlawfully removed from their territory before 1 January 1993.

Each EU country appoints one or more authorities to carry out the tasks provided for in the directive. The Commission publishes updated lists of these authorities in the Official Journal of the EU.

Administrative cooperation for the amicable return of objects

The central authorities of each EU country are to cooperate and promote consultation with the competent national authorities of other EU countries to ensure the return of cultural objects. The central authorities must:

  • seek a specified cultural object that has been unlawfully removed from an EU country’s territory, identifying the possessor and/or holder *;
  • notify the EU country concerned, where a cultural object is found in their own territory and there are grounds for believing that it has been unlawfully removed from the territory of another EU country;
  • enable the EU country concerned to check within two months of the notification that the object in question is a cultural object covered by the directive;
  • take any necessary measures for the physical preservation of the cultural object;
  • prevent any action to evade the return procedure;
  • act as intermediary between the possessor or holder of the object and the requesting EU country *.

Initiation of proceedings before a court for return of objects

Only the courts of the requested EU country * have the power to order the object’s return to the requesting EU country if the possessor or holder should refuse to release it. The burden of proof is governed by the legislation of the requested EU country.

Only an EU country may initiate proceedings with the aim of securing the return of a cultural object. Private owners of cultural objects may only bring proceedings provided for under ordinary law.

Return proceedings may not be brought more than one year after the requesting EU country becomes aware of the location of the cultural object and the identity of its possessor or holder. To be admissible, the application must be accompanied by a:

  • document describing the object covered by the request and stating that it is a cultural object within the meaning of the directive;
  • declaration by the competent authorities of the requesting EU country that the cultural object has been unlawfully removed from its territory.

Such proceedings may in any case not be brought more than 30 years after the object is unlawfully removed from the territory of the requesting EU country, except in the case of objects forming part of public collections or ecclesiastical goods in respect of which the time-limit is governed by national legislation or bilateral agreements between EU countries.

This directive is without prejudice to any civil or criminal proceedings that may be brought, under the national law of EU countries, by the requesting EU country or the owner of the object.

Financial aspects

When the return of a cultural object is ordered, the possessor is entitled to fair compensation if s/he proves that due care was exercised when acquiring the object. This compensation is to be paid by the requesting EU country, which may, however, claim reimbursement from the persons responsible for the unlawful removal of the object. Following the object’s return, the question of its ownership is governed by the legislation of the requesting EU country.

Implementation

The Committee on the Export and Return of Cultural Goods (previously known as Advisory Committee on Cultural Goods) assists the Commission in examining any matter relating to the application of the annex to the directive.

EU countries must send the Commission a report every three years on the application of the directive, based on which the Commission reports to the European Parliament, the Council and the European Economic and Social Committee.

Key terms used in the act
  • Requesting EU country: the EU country from whose territory the cultural object has been unlawfully removed;
  • Requested EU country: the EU country in whose territory a cultural object unlawfully removed from the territory of another EU country is located;
  • Possessor/Holder: the person physically holding the cultural object on his own account/for third parties.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 93/7/EEC

27.3.1993

15.12.1993 (15.3.1994 for Belgium, Germany and the Netherlands)

OJ L 74 of 27.3.1993

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 96/100/EC

21.3.1997

1.9.1997

OJ L 60 of 1.3.1997

Directive 2001/38/EC

30.7.2001

31.12.2001

OJ L 187 of 10.7.2001

Successive amendments and corrections to Directive 93/7/EEC have been incorporated in the basic text. This consolidated version is for reference purposes only.

AMENDMENT OF ANNEXES

Categories to which objects classified as national treasures must belong to qualify for return:

Directive 96/100/EC [Official Journal L 60 of 1.3.1997];
Directive 2001/38/EC [Official Journal L 187 of 10.7.2001].

Related Acts

Council Resolution of 21 January 2002 on the Commission report on the implementation of Regulation (EEC) No 3911/92 on the export of cultural goods and Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State [Official Journal C 32 of 5.2.2002].
The Council takes note of the Commission’s initiatives, calls on EU countries to cooperate more closely among themselves and with the Commission, and asks the Commission to pursue the initiatives launched and pay particular attention to Regulation (EEC) No 3911/92 and Directive 93/7/EEC when the candidate countries join the EU.

Reports

Report from the Commission to the Council, the European Parliament and the European Economic and Social Committee of 30 July 2009 – Third report on the application of Council Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State [COM(2009) 408 final – Not published in the Official Journal].
This report reviews EU countries’ application of the directive during the period 2004-07. In general, the directive is perceived as a useful tool for the return of unlawfully removed cultural objects and the protection of cultural heritage. EU countries recognise its discouraging effect on the unlawful removal of cultural objects; however, they find that the directive alone does not suffice for combating illegal trade in cultural goods.
During the reference period, the directive was applied only rarely for administrative cooperation or for return proceedings. This is mainly due to the administrative complexity and cost of applying the directive, its limited scope, and the short time period allowed for initiating return proceedings and the interpretation of the related concepts.
EU countries used administrative cooperation to search for cultural objects and to notify of their discovery on the territory of another EU country. As a result, 148 amicable returns of cultural objects were carried out. Eight legal actions were initiated for the return of objects.
Even though administrative cooperation within and between EU countries has improved, there is the need to further enhance cooperation between authorities at national and European level. To this end, the Commission will update the existing guidelines and publish lists of the responsible national authorities. In addition, EU countries propose modifications to the directive to improve its effectiveness. These include extending the time limit for initiating return proceedings from one to three years, reviewing the scope of the directive as well as amending its annex to include new categories of goods or to modify the financial threshold or the reporting rate.
The Commission will propose the setting up of an ad hoc working group within the Committee on the Export and Return of Cultural Goods to identify problems associated with the application of the directive and to suggest solutions acceptable to all EU countries, with a view to possibly amending the directive.

Report from the Commission to the Council, the European Parliament and the European Economic and Social Committee of 21 December 2005 – Second report on the application of Council Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State [COM(2005) 675 final – Not published in the Official Journal].
This report covers the application of the directive during the period 1999-2003. It reveals that the directive has been applied in only a few cases. EU countries have reported five amicable returns and three legal proceedings for returns. These rather low figures highlight serious shortcomings in administrative cooperation and consultation between the national central authorities. To remedy these shortcomings, the Commission will examine to what extent the recommendations set out in the guidelines adopted by the Advisory Committee on Cultural Goods for improving administrative cooperation have been acted upon.
EU countries consider insufficient the time limit of one year for initiating proceedings for the return of cultural objects. Subject to the outcome of consultations with the Advisory Committee on Cultural Goods, the Commission proposes extending this time-limit to three years.
Concerning the financial thresholds applicable to cultural objects covered by Directive 93/7/EEC, the report reveals contradictory opinions between EU countries as to whether these should be raised or lowered. The Commission does not therefore intend to propose amending the thresholds.
In view of the limited number of cases of application of Directive 93/7/EEC, the Commission suggests that the obligation to produce a report every three years be scrapped. The Advisory Committee on Cultural Goods must give its opinion on this.

Report from the Commission to the Council, the European Parliament and the Economic and Social Committee of 25 May 2000 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].
This report states that the measures listed have made EU countries 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 illegal trade in cultural goods. It points out that laying down a structure for administrative cooperation and for information to be exchanged between the relevant authorities could improve the application of the directive and the regulation.
The report contains lists of the customs offices empowered to handle formalities for the export of cultural goods, the authorities empowered to issue export licences for cultural goods and the central authorities responsible for implementing the provisions of Council Directive 93/7/EEC.

External trade: statistics relating to non-member countries

External trade: statistics relating to non-member countries

Outline of the Community (European Union) legislation about External trade: statistics relating to non-member countries

Topics

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

External trade

External trade: statistics relating to non-member countries

Act

Regulation (EC) No 471/2009 of the European Parliament and of the Council of 6 May 2009 on Community statistics relating to external trade with non-member countries and repealing Council Regulation (EC) No 1172/95.

Summary

This Regulation establishes harmonised rules on the production of European statistics relating to trade in goods between the European Union (EU) and third countries.

Scope

Trade statistics concern imports and exports of goods *. Pursuant to the Customs Code, this Regulation establishes that:

  • goods leaving the statistical territory of the EU * shall be considered as exports;
  • goods entering the statistical territory of the EU shall be considered as imports.

Certain types of goods or movements of goods (such as industrial plants, aircraft, military goods, waste products or electricity and gas) are subject to specific provisions.

Data source

The customs declaration
* for imported or exported goods is considered as the main source for the recording of statistical data.
However, Member States are free to use other data sources to produce their national statistics.

Statistical data

For each monthly reference period, EU countries are to produce statistics relating to external trade in goods. These statistics are expressed in value and quantity, in particular according to:

  • the type of goods;
  • the importing or exporting country;
  • the statistical procedure;
  • the nature of the transaction;
  • preferential treatment on import;
  • the mode of transport.

Each year, EU countries are to establish statistics on external trade in goods, and according to business characteristics, pursuant to Regulation (EC) No 177/2008. Namely in relation to:

  • the economic activity carried out by the enterprise, according to the section of the common statistical classification of economic activities in the European Community (NACE);
  • the number of employees.

Statistics are prepared using data relating to business characteristics and import and export data.
Every two years, EU countries are to compile statistics on trade in imported or exported goods broken down by invoicing currency. These statistics are compiled using a representative sample of records on imports and exports from customs declarations. If the invoicing currency for exports is not available on the customs declaration, a survey shall be carried out to collect the required data.

The compilation by Member States of additional statistics for national purposes may be determined where the data are available on the customs declaration.

Data exchange

Data from records on imports and exports declared to customs authorities must be sent to the national statistical authorities within one month. These records must include a minimum amount of statistical data.

Transmission of external trade statistics to the Commission (Eurostat)

External trade statistics must be sent to the Commission (Eurostat) within 40 days following the end of each monthly reference period. If the statistics are revised, updates must be sent to the Commission.

Quality assessment

Statistics sent to the Commission must be precise, up-to-date, relevant, clear and accessible for users.

Member States shall provide the Commission with a report on the quality of the statistics transmitted. The quality of the latter is assessed by the Commission.

Context

This Regulation is part of an initiative to make the Community statistical system more transparent. Regulation (EC) No 1172/95 is repealed.

Key terms of the Act
  • Goods: all movable property, including electricity.
  • Statistical territory of the EU: the customs territory of the EU as defined in the Customs Code with the addition of the Island of Heligoland in the territory of the Federal Republic of Germany.
  • Customs declaration: the customs declaration as defined in the Customs Code.

References


Act
Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 471/2009

26.7.2009

OJ L 152 of 16.6.2009