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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
EXPLANATORY NOTES
1. General
1.1. Licences are required for the export of cultural goods to protect the cultural heritage of the Member States pursuant to Regulation (EC) No 116/2009.
Implementing Regulation (EU) No 1081/2012 sets out the form in which standard export licences are to be drawn up. It is intended to guarantee standardised checks on the export of cultural goods outside the borders of the Union.
Two other types of export licence are provided for, namely:
1.2. The three sheets of the standard export licence form must be completed legibly and indelibly, preferably by mechanical or electronic means. If they are handwritten, they must be completed in ink and in capital letters. They must under no circumstances contain erasures, overwritten words or other alterations.
1.3. Any unused box must be lined crossed out so that nothing can be added.
The sheets can be identified by their numbering and function, indicated in the left-hand margin. Their order in the set is as follows:
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Sheet No 1 : application to be kept by the issuing authority (indicate in each Member State the identity of that authority); in the case of additional lists, as many sheets No 1 as necessary must be used; it is up to the competent issuing authorities to establish whether more than one export licence should be issued, |
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— |
Sheet No 2 : to be presented in support of the export declaration at the competent customs office of export and kept by the licence holder after it has been stamped by that office, |
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— |
Sheet No 3 : to be presented at the competent customs office of export and to accompany the consignment thereafter until its arrival at the customs office of exit from the customs territory of the Union; the customs office of exit stamps this sheet and then returns it to the issuing authority. |
2. Headings
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Box 1: |
Applicant: Name of individual or company and full residential address or address of company headquarters |
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Box 2: |
Export licence: For completion by competent authorities |
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Box 3: |
Consignee: Name and full address of consignee, including the third country to which the good is being permanently or temporarily exported |
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Box 4: |
Indicate whether export is permanent or temporary |
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Box 5: |
Issuing authority: Name of the competent authority and the Member State issuing the authorisation |
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Box 6: |
Applicant’s representative: To be completed only where the applicant is using an authorised representative |
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Box 7: |
Owner of the object(s): Name and address |
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Box 8: |
Description in terms of Annex I to Regulation (EC) No 116/2009. Category(ies) of cultural good(s): These goods are classified in categories numbered 1 to 15. Enter only the corresponding number. |
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Box 9: |
Description of the cultural good(s): State the exact nature of the good(s) (for example painting, sculpture, bas-relief, negative matrix or positive copy in the case of films, furniture or objects, musical instruments) and give an objective description of the appearance of the good(s).
—
For category 13 objects: state the type of collection and/or geographical origin.
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For scientific collections and specimens: give the scientific name.
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For archaeological collections composed of a large number of objects: it is enough to give a generic description, which should be accompanied by an attestation or certificate issued by the scientific or archaeological body or institution and a list of the objects.
If there is not enough room to describe all the objects, the applicant must add any extra pages needed. |
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Box 10: |
CN code: As an indicator, state Combined Nomenclature code. |
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Box 11: |
Number/quantity: State the number of items, particularly where they form a set. In the case of films, indicate the number of reels, format and length. |
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Box 12: |
Value in national currency: State the value of the good(s) in national currency. |
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Box 13: |
Purpose of export of the cultural good(s)/reason for which the licence is requested: State whether the good to be exported has been sold or is intended to be sold, exhibited, valued, repaired or put to any other use, and whether its return is compulsory. |
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Box 14: |
Title or subject: If the work does not have an exact name, indicate its subject with a summary of the appearance of the object or, in the case of films, the subject. For scientific instruments or other objects for which it is not possible to specify a title or subject, it is sufficient to complete box 9. |
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Box 15: |
Measurements: Measurements (in centimetres) of the good(s) and any supports. In the case of complex or unusual shapes, indicate the measurements in this order: H x L x D (height, width, depth). |
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Box 16: |
Dating: Where no precise date is known, indicate the century and part of the century (first quarter, first half) or millennium (categories 1 to 7). For antique goods to which age specifications apply (more than 50 or 100 years old or between 50 and 100 years old), and for which it is not sufficient to indicate the century, specify a year, even if approximate (for example around 1890, approximately 1950). For films, if date not known, specify decade. In the case of sets (archives and libraries), indicate earliest and latest dates. |
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Box 17: |
Other characteristics: Give any other information on formal aspects that could be useful for identification, for example historical antecedents, conditions of execution, former owners, state of preservation and restoration, bibliography, electronic code or marking. |
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Box 18: |
Documents submitted/specific indications relating to identification: Indicate with crosses in the appropriate squares. |
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Box 19: |
Artist, period, workshop and/or style: Give the artist’s name if known and recorded. If the works are collaborative products or copies, indicate the artists or the artist copied, if known. If the work is only attributed to a single artist, enter ‘Attributed to […]’. If the artist is not known, state the workshop, school or style (for example workshop of Velazquez, Venetian school, Ming period, Louis XV-style or Victorian-style). In the case of printed matter, state the name of the publisher, the place and the year of publication. |
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Box 20: |
Medium or technique: The information given in this box must be as precise as possible. Indicate the materials used and specify the technique employed (for example oil painting, woodcuts, charcoal or pencil drawing, lost wax casting, nitrate film, etc.). |
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Box 21 |
(sheet 1): Application: Must be completed by the applicant or his/her representative, who must vouch for the correctness of the information supplied in the application and supporting documents. |
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Box 22: |
Signature and stamp of issuing authority: To be entered by the competent authority, with place and date, on the three sheets of the licence. |
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Box 23 |
(sheets 2 and 3): For completion by customs office of export: To be entered by the customs office where the export transactions are carried out and the export licence is presented. ‘Customs office of export’ means the office where the export declaration is submitted and export formalities are carried out. |
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Box 24: |
Photograph(s) of the cultural good(s): A colour photograph (at least 9 x 12 cm) must be attached with glue. To facilitate the identification of three-dimensional objects, photographs may be required of the different facets. The competent authority must endorse the photograph with a signature and the stamp of the issuing authority. The competent authorities may require other photographs. |
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Box 25: |
Supplementary pages: State the number of additional pages used, if any. |
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Box 26 |
(sheets 2 and 3): Customs office of exit: To be completed by the customs office of exit. ‘Customs office of exit’ means the last customs office before the goods leave the customs territory of the Union. |
ANNEX II
Model of form for specific open licences and sheets thereof
ANNEX III
Model of form for general open licences and sheets thereof
ANNEX IV
Repealed Regulation with list of its successive amendments
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Commission Regulation (EEC) No 752/93 |
(OJ L 77, 31.3.1993, p. 24). |
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Commission Regulation (EC) No 1526/98 |
(OJ L 201, 17.7.1998, p. 47). |
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Commission Regulation (EC) No 656/2004 |
(OJ L 104, 8.4.2004, p. 50). |
ANNEX V
Correlation Table
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Regulation (EEC) No 752/93 |
This Regulation |
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Article 1(1) introductory phrase |
Article 1(1) introductory phrase |
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Article 1(1), first, second and third indent |
Article 1(1) points (a), (b) and (c) |
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Article 1(2) and (3) |
Article 1(2) and (3) |
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Article 2(1) first sentence |
Article 2(1) first subparagraph |
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Article 2(1) second sentence |
Article 2(1) second subparagraph |
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Article 2(2) to (5) |
Article 2(2) to (5) |
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Article 3(1) and (2) |
Article 3(1) and (2) |
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Article 3(3) first sentence |
Article 3(3) first subparagraph |
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Article 3(3) second and third sentence |
Article 3(3) second subparagraph |
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Article 3(4) introductory words |
Article 3(4) introductory words |
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Article 3(4) first and second indent |
Article 3(4) points (a) and (b) |
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Article 3(5) first and second sentence |
Article 3(5) first subparagraph |
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Article 3(5) third sentence |
Article 3(5) second subparagraph |
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Article 4 |
Article 4 |
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Article 5 introductory words |
Article 5 introductory words |
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Article 5 first, second and third indent |
Article 5 points (a), (b) and (c) |
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Article 6(1) first sentence |
Article 6(1) first subparagraph |
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Article 6(1) second sentence |
Article 6(1) second subparagraph |
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Article 6(2) introductory words |
Article 6(2) introductory words |
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Article 6(2) first and second indent |
Article 6(2) points (a) and (b) |
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Article 6(3), (4) and (5) |
Article 6(3), (4) and (5) |
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Article 7 introductory phrase |
Article 7 introductory phrase |
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Article 7 first and second indent |
Article 7 points (a) and (b) |
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Article 8(1) and (2) |
Article 8(1) and (2) |
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Article 8(3) first sentence |
Article 8(3) first subparagraph |
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Article 8(3) second sentence |
Article 8(3) second subparagraph |
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Article 9 |
Article 9 |
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Articles 10 to 15 |
Articles 10 to 15 |
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Article 16(1), (2) and (3) |
Article 16(1), (2) and (3) |
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Article 16(4) first and second sentence |
Article 16(4) first subparagraph |
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Article 16(4) third and fourth sentence |
Article 16(4) second subparagraph |
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Article 16(5) |
Article 16(5) |
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Article 16(6) first and second sentence |
Article 16(6) first subparagraph |
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Article 16(6) third and fourth sentence |
Article 16(6) second subparagraph |
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Article 16(7) first sentence |
Article 16(7) first subparagraph |
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Article 16(7) second sentence |
Article 16(7) second subparagraph |
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Article 16(8) first and second sentence |
Article 16(8) first subparagraph |
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Article 16(8) third sentence |
Article 16(8) second subparagraph |
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— |
Article 17 |
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Article 17 |
Article 18 |
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Annexes I, II and III |
Annexes I, II and III |
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— |
Annex IV |
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— |
Annex V |
( 1 ) OJ L 39, 10.2.2009, p. 1.
( 2 ) OJ L 77, 31.3.1993, p. 24.
( 3 ) See Annex IV.