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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.

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 For reasons of rationality and clarity, it is repealed in order to be replaced by the current regulation.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].

Last updated: 06.12.2010
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