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"B COMMISSION REGULATION (EEC) No 752/93
of 30 March 1993
laying down provisions for the implementation of Council Regulation (EEC) No 3911/92 on the export of
cultural goods
(OJ L 77, 31.3.1993, p. 24)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 1526/98 of 16 July 1998 L 201 47 17.7.19981993R0752 — EN — 01.09.1998 — 001.001 — 1
COMMISSION REGULATION (EEC) No 752/93
of 30 March 1993
laying down provisions for the implementation of Council Regulation
(EEC) No 3911/92 on the export of cultural goods
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,Having regard to Council Regulation (EEC) No 3911/92 of 9 December
1992 (
1) on the export of cultural goods, and in particular Article 7 thereof,
After consulting the Advisory Committee on Cultural Goods,Whereas it is necessary to adopt provisions for the implementation of
Regulation (EEC) No 3911/92, which provides, inter alia, for the establish-
ment of an export licensing system for certain categories of cultural goods
defined in the Annex to that Regulation;
Whereas in order to ensure that the export licences provided for by the said
Regulation are uniform it is necessary to lay down rules governing the
drawing up, issuing and use of the form; whereas to that end a specimen
licence should be drawn up;
Whereas export licences must be made out in one of the official languages of
the Community,
HAS ADOPTED THIS REGULATION:
SECTION I
Form of licence
Article 1
1. There shall be three types of licences for the export of cultural goods
which shall be issued and used in accordance with Council Regulation (EEC)No 3911/92, hereinafter called the ‘Basic Regulation’, and with thisimplementing Regulation:
— the standard licence,
— the specific open licence,— the general open licence.2. The use of export licences shall in no way affect obligations connected
with export formalities or related documents.
3. Export licence forms shall be provided on request by the competent
authority or authorities referred to in Article 2 (2) of the basic Regulation.
Article 2
1. A standard licence shall normally be used for each export subject to the
Basic Regulation. However each individual Member State concerned maydecide 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.
2. A specific open licence shall cover the repeated temporary export of a
specific cultural good by a particular person or organisation as set out in
Article 10.!B
(1) OJ No L 395, 31. 12. 1992, p. 1.!M11993R0752 — EN — 01.09.1998 — 001.001 — 2
3. A general open licence shall cover any temporary export of any of those
cultural goods that form part of the permanent collection of a museum orother institution, as set out in Article 13.
4. A Member State may revoke any specific or general open licence at any
time if the conditions under which it was issued are no longer met. It shall
inform the Commission immediately if the licence issued is not recovered and
could be used irregularly. The Commission shall immediately inform the otherMember States.
5. Member States may introduce whatever reasonable measures they deem
necessary in their national territory to monitor the use of their own open
licences.
SECTION II
The standard licence
Article 3
1.
"M1Standard licences shall be issued on the form, a model of which is
in Annex I. 3The form shall be printed on white paper without mechanical
pulp, dressed for writing purposes and weighing not less than 55 grams per
square metre.
2. Forms shall measure 210 × 297 mm.3. Forms shall be printed and filled out in an official language of the
Communities designated by the competent authorities of the issuing MemberState. 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 costsshall be met by the licence holder.
4. 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.
5. Forms shall preferably be filled in by mechanical or electronic means.
However, the application may be filled in legibly by hand; in the latter case itshall be written in ink and in block capitals. Whatever the process used, forms
shall not contain erasures, overwritten words or other alterations.
Article 4
1. Without prejudice to paragraph 3, a separate export licence shall be
issued for each consignment of cultural goods.
2. For the purposes of paragraph 1 a consignment shall mean either a single
cultural object of a number of cultural objects.
3. Where a consignment comprises of a number of cultural objects, it is for
the competent authorities to determine whether one or several export licences
should be issued for the consignment in question.
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.!M1
!B1993R0752 — EN — 01.09.1998 — 001.001 — 3
Article 6
1. The applicant shall complete boxes 1, 3 to 19 A and 21 and, if necessary,
23 of the application and the other sheets. However, Member States mayprovide that only the application need be completed.
2. 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 orin colour (measuring at least 8 cm by 12 cm) of the cultural goods inquestion.
This requirement may be replaced, where appropriate and at the
discretion of the competent authorities, by a detailed list of the cultural
goods.
3. The competent authorities may require, for the purposes of issuing an
export licence, the physical presentation of the cultural goods to be exported.
4. Any costs incurred by the application of paragraphs 2 and 3 shall be met
by the applicant requesting the export licence.
5. In order that an export licence may be granted, the duly completed form
shall be presented to the competent authorities designated by the MemberStates pursuant to Article 2 (2) of the basic Regulation. When the authority
has granted the export licence, copy 1 shall be kept by that authority and the
remaining copies shall be returned to the holder of the export licence or to hisauthorized representative.
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
1. The customs office authorized to accept the export declaration shall
ensure that the items of information given on the export declaration are inconformity with those given on the export licence and that reference is madeto that licence in box 44 of the export declaration.
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 exportlicence form, a copy of which is attached to sheet 3 of the single
administrative document, shall be returned to the issuing authority.
2. After completing box 19B the customs office authorized to accept the
export declaration shall return to the declarant or to his authorized
representative the sheet intended for the holder.
3. The authorization form, which shall be returned to the issuing authority,
must accompany the consignment to the customs office at the point of exit
from the Community. The customs office shall, if necessary, fill in box 5 ofthe form and affix its stamp to box 22, and return it to the holder of the exportlicence or his authorized representative in order that the form may be sent
back to the issuing authority.
Article 9
1. The period of validity of export licences shall not exceed twelve months
from the date of issue.
2. In the case of an application for temporary exportation, the competent
authorities may specify the time limit within which the cultural goods must bereimported into the issuing Member State.!B1993R0752 — EN — 01.09.1998 — 001.001 — 4
3. Where an export licence expires without having been used, the holder
shall immediately return to the issuing authority the sheets in his possession.
SECTION III
Open licences
CHAPTER 1
Specific open licences
Article 10
1. Specific open licences may be issued for a specific cultural good which is
liable to be temporarily exported from the Community on a regular basis foruse and/or exhibition in a third country. The cultural good must be owned by,
or be in the legitimate possession of, the particular person or organisation that
uses and or exhibits the good.
2. A licence may only be issued provided the authorities are convinced that
the person or organisation concerned offers all the guarantees considerednecessary for the good to be returned in good condition to the Community andthat the good can be so described or marked that there will be no doubt at the
moment of temporary export that the good being exported is that described in
the specific open licence.
3. A licence may not be valid for a period that exceeds five years.
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 examinationupon 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 this case, the translation costs
shall be met by the licence holder.
Article 12
1. The customs office authorised to accept the export declaration shall
ensure that the goods presented are those described on the export licence and
that a reference is made to that licence in box 44 of the export declaration if awritten declaration is required.
2. If a written declaration is required then the licence must be attached to
copy 3 of the single administrative document and accompany the good to thecustoms office at the point of exit from the customs territory of the
Community. Where copy 3 of the single administrative document is made
available to the exporter or his representative, the licence shall also be madeavailable to him for use on a subsequent occasion.
CHAPTER 2
General open licences
Article 13
1. General open licences may be issued to museums or 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 Community on a
regular basis for exhibition in a third country.!B
!M11993R0752 — EN — 01.09.1998 — 001.001 — 5
2. A licence may only be issued if the authorities are convinced that the
institution offers all the guarantees considered necessary for the good to bereturned in good condition to the Community. The licence may be used tocover any combination of goods in the permanent collection at any one
occasion of temporary export. It can be used to cover a series of different
combinations of goods either consecutively or concurrently.
3. A licence may not be valid for a period that exceeds five years.
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 theofficial languages, of that Member State. In this case, the translation costsshall be met by the licence holder.
Article 15
1. The customs office authorised to accept the export declaration shall
ensure that the licence is presented together with a list of the goods beingexported and which are also described in the export declaration. The list shall
be on the headed paper of the institution and each page shall be signed by one
of the persons from the institution and named on the licence. Each page shallalso be stamped with the stamp of the institution as placed on the licence. Areference to the licence must be made in box 44 of the export declaration.
2. The licence shall be attached to copy 3 of the single administrative
document and must accompany the consignment to the customs office at the
point of exit from the customs territory of the Community. Where copy 3 of
the single administrative document is made available to the exporter or hisrepresentative the licence shall also be made available to him for use on asubsequent occasion.
CHAPTER 3
Forms for the licences
Article 16
1. Specific open licences shall be issued on the form, a model of which is in
Annex II.
2. General open licences shall be issued on the form a model of which is in
Annex III.
3. The licence form shall be printed in one or more of the official languages
of the Community.
4. The licence shall measure 210 × 297 mm. A tolerance of up to minus 5
mm or plus 8 mm in the length shall be allowed. The paper used shall be
white, free of mechanical pulp, dressed for writing purposes and weigh at
least 55 g/m
2. It shall have a printed guilloche pattern background in light
blue such as to reveal any falsification by mechanical or chemical means.
5. The second sheet of the licence, which shall not have a guilloche pattern
background, is for the exporter’ s own use or records only.
The application form to be used shall be prescribed by the Member State
concerned.
6. Member States may reserve the right to print the licence forms or may
have them printed by approved printers. In the latter case, each must bear areference to such approval. Each form must bear the name and address of theprinter 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.
7. Member States shall be responsible for taking any measure necessary in
order to avoid the forging of licences. The means of identification adopted by
Member States for this purpose shall be notified to the Commission, forcommunication to the competent authorities of the other Member States.!M11993R0752 — EN — 01.09.1998 — 001.001 — 6
8. Licences shall be made out by mechanical or electronic means. In
exceptional circumstances they may be made out by black ball point pen inblock capitals. They shall not contain erasures, overwritten words or otheralterations.
SECTION IV
General provisions
Article
"M1 173
This Regulation shall enter into force on 1 April 1993.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!M1
!B1993R0752 — EN — 01.09.1998 — 001.001 — 7
ANNEX "M1I3
EUROPEAN COMMUNITY — CULTURAL GOODS
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!M1
ANNEX II
Model of form for specific open licences and copies thereof
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!M1
ANNEX III
Model of form for general open licences and copies thereof
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