Proposal for a Council Regulation amending the Annex to Council Regulation (EEC) No 3911/92 on the export of cultural goods

(96/C 6/07)

(Text with EEA relevance)

COM(95) 479 final - 95/0253(ACC)

(Presented by the Commission, 20 October 1995)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas according to different artistic traditions within the Community watercolour, gouache, and pastel pictures are variously regarded as being either paintings or drawings; whereas category 4 of the Annex to Council Regulation 3911/92 of 9 December 1992, on the export of cultural goods (1) includes drawings executed entirely by hand, made on any medium in any material, and category 3 includes pictures and paintings executed entirely by hand, made on any medium in any material; whereas the financial thresholds which apply to these two categories are different; whereas this could lead to serious differences of treatment inside the single market of watercolour, gouache, and pastel pictures depending upon in which Member State they are situated; whereas it is necessary to decide for the purposes of the application of the Regulation into which category they shall fall to ensure that the financial thresholds applied shall be the same throughout the Community;

Whereas experience shows that the prices realized by watercolour, gouache, and pastel pictures tend to be rather higher than those realized by drawings and much lower than those fetched by paintings in oil or tempora, whereas accordingly it is expedient to place watercolours, gouache, and pastel pictures into a new separate category with a threshold of ECU 30 000 which would ensure that works of major significance would require an export licence while there would not be the creation of any undue administrative load placed upon the licensing authorities,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Council Regulation (EEC) No 3911/92 shall be amended as follows:

(a) In A:

(i) the description in 3 shall be replaced by:

'Pictures and paintings, other than those included in category 3A or 4, executed entirely by hand in any medium and on any material`;

(ii) a new 3A shall be introduced as follows:

'3A. Watercolours, gouaches and pastels executed entirely by hand on any material`

(iii) the description under 4 shall be replaced by the following:

'Mosaics in any material executed entirely by hand, other than those falling in categories 1 or 2, and drawings in any medium executed entirely by hand on any material`.

(b) In B:

a new category shall be inserted:

' 30 000

- 3A (Watercolours, gouaches and pastels)`.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. It shall be applicable from 1 September 1995.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

(1) OJ No L 395, 31. 12. 1992, p. 1.