This document is an excerpt from the EUR-Lex website
Document 02012R1081-20121212
Commission Implementing Regulation (EU) No 1081/2012 of 9 November 2012 for the purposes of Council Regulation (EC) No 116/2009 on the export of cultural goods (codification)
Consolidated text: Commission Implementing Regulation (EU) No 1081/2012 of 9 November 2012 for the purposes of Council Regulation (EC) No 116/2009 on the export of cultural goods (codification)
Commission Implementing Regulation (EU) No 1081/2012 of 9 November 2012 for the purposes of Council Regulation (EC) No 116/2009 on the export of cultural goods (codification)
ELI: http://data.europa.eu/eli/reg_impl/2012/1081/2012-12-12
02012R1081 — EN — 12.12.2012 — 000.001
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COMMISSION IMPLEMENTING REGULATION (EU) No 1081/2012 of 9 November 2012 for the purposes of Council Regulation (EC) No 116/2009 on the export of cultural goods (OJ L 324 22.11.2012, p. 1) |
Corrected by:
COMMISSION IMPLEMENTING REGULATION (EU) No 1081/2012
of 9 November 2012
for the purposes of Council Regulation (EC) No 116/2009 on the export of cultural goods
(codification)
SECTION I
FORM OF LICENCE
Article 1
There shall be three types of licences for the export of cultural goods which shall be issued and used in accordance with Regulation (EC) No 116/2009 and with this Regulation:
the standard licence;
the specific open licence;
the general open licence.
Article 2
However, each individual Member State concerned may decide whether or not it wishes to issue any specific or general open licences which may be used instead if the specific conditions relating to them are fulfilled as set out in Articles 10 and 13.
SECTION II
THE STANDARD LICENCE
Article 3
The competent authorities of the Member State in which the form is presented may ask for it to be translated into the language, or one of the official languages, of that Member State. In this case, the translation costs shall be met by the licence holder.
Member States shall be responsible:
for having the forms printed, bearing the printer’s name and address or identifying mark;
for taking any measure necessary in order to avoid the forging of forms. The means of identification adopted by Member States for this purpose shall be notified to the Commission, for communication to the competent authorities of the other Member States.
Whatever the process used, forms shall not contain erasures, overwritten words or other alterations.
Article 4
Article 5
The form shall comprise three sheets:
one sheet, marked as No 1, which shall constitute the application;
one sheet, marked as No 2, for the holder;
one sheet, marked as No 3, which shall be returned to the issuing authority.
Article 6
However, Member States may provide that only the application need be completed.
The application shall be accompanied by:
documentation providing all relevant information on the cultural object(s) and its (their) legal status at the time when the application is made, by means of any supporting documents (invoices, expert appraisals, etc.) where appropriate;
a duly authenticated photograph or, where appropriate and at the discretion of the competent authorities, photographs in black and white or in colour (measuring at least 8 cm by 12 cm) of the cultural goods in question.
This requirement may be replaced, where appropriate and at the discretion of the competent authorities, by a detailed list of the cultural goods.
Article 7
The following shall be presented in support of the export declaration:
the sheet for the holder;
the sheet to be returned to the issuing authority.
Article 8
It shall take suitable measures for identification purposes. The measures may consist in the affixation of a seal or stamp of the customs office. The sheet of the export licence form which is to be returned to the issuing authority shall be attached to copy 3 of the single administrative document.
The customs office shall affix its stamp to box 26 of the form and return it to the issuing authority.
Article 9
SECTION III
SPECIFIC OPEN LICENCES
Article 10
Article 11
The licence shall be presented in support of a written export declaration or be available in other cases for production with the cultural goods for examination upon request.
The competent authorities of the Member State in which the licence is presented may ask for it to be translated into the language, or one of the official languages, of that Member State. In that case, the translation costs shall be met by the licence holder.
Article 12
SECTION IV
GENERAL OPEN LICENCES
Article 13
Article 14
The licence shall be presented in support of the export declaration.
The competent authorities of the Member State in which the licence is presented may ask for it to be translated into the language, or one of the official languages, of that Member State. In that case, the translation costs shall be met by the licence holder.
Article 15
SECTION V
FORMS FOR THE OPEN LICENCES
Article 16
The paper used shall be white, free of mechanical pulp, dressed for writing purposes and weigh at least 55 g/m2. It shall have a printed guilloche pattern background in light blue such as to reveal any falsification by mechanical or chemical means.
The application form to be used shall be prescribed by the Member State concerned.
Each form must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or stamped, by which it can be identified.
The means of identification adopted by Member States for this purpose shall be notified to the Commission, for communication to the competent authorities of the other Member States.
They shall not contain erasures, overwritten words or other alterations.
SECTION VI
FINAL PROVISIONS
Article 17
Regulation (EEC) No 752/93 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex V.
Article 18
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Model standard export licence form