In order to ensure that EU 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 European Community.
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ACT
Council Regulation (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods.
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
Regulation (EEC) No 3911/92 – 1.4.1993 – OJ L 395 of 31.12.1992
Amending acts:
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].
