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Export of cultural goods

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Export of cultural goods

In order to protect European cultural goods, this regulation ensures that uniform controls are performed upon their export outside the customs territory of the European Union (EU) with the help of export licences.

ACT

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.

Commission Implementing Regulation (EU) No 1081/2012 lays down rules governing the drawing up, issuing and use of the export licences provided for under Regulation (EC) No 116/2009.

It specifies the types of licence to be issued, their use and period of validity. There are three types of licence:

  • the standard licence - used in normal circumstances for each export subject to Regulation (EC) No 116/2009 and valid for 1 year;
  • the specific open licence - covers the repeated temporary export of a specific cultural good by its owner for use and/or exhibition in a third country and valid for up to 5 years;
  • the general open licence - issued to museums/other institutions to cover the temporary export of any of the goods that belong to their permanent collection that are liable to be temporarily exported from the Union on a regular basis for exhibition in a third country. These are valid for up to 5 years.

Models of the three forms are provided in Annexes I, II and III respectively.

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

Amending act

Entry into force

Deadline for transposition in the Member States

Official Journal

Commission Implementing Regulation (EU) No 1081/2012

12.12.2012

-

OJ L 324 of 22.11.2012

Corrigendum

-

-

OJ L 93 of 28.3.2014

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 ].

Last updated: 13.01.2014

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