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
Date: 1998-07-16
Institutions: European Commission
Subjects: cultural object, customs formalities, export licence, form

17. 7. 98

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EN

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Official Journal of the European Communities

L 201/47

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 3911/92
of 9 December 1992 on the export of cultural goods (1), as
amended by Regulation (EC) No 2469/96 (2), and in par-
ticular Article 7 thereof,

After consulting the Advisory Committee on Cultural
Goods,

Whereas it is advisable, in order to eliminate unnecessary
administrative work, to introduce the concept of open
licences for the temporary export of cultural goods by
responsible persons or organisations for use and/or for
exhibition in third countries;

Whereas the Member States that wish to take advantage of
such facilities should be able to do so in relation to their
own cultural goods, persons and organisations, whereas
the conditions to be fulfilled will differ from Member
State to Member State; whereas the Member States should
be able to opt for the use of open licences or not and lay
down the conditions to be met for their issue;

Whereas it is necessary to lay down provisions as to the
appearance of such licences so that they can be readily
recognised and used anywhere in the Community;

Whereas the provisions of Article 10 relating to Common
transit are no longer necessary;

HAS ADOPTED THIS REGULATION:

Article 1

Commission Regulation (EEC) No 752/93 (3) shall be
amended as follows:

1. Article 1 shall be replaced by the following:

‘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 this implementing Regulation:

— the standard licence,

— the specific open licence,

— the general open licence.

The use of export licences shall in no way affect
formalities or

2.
obligations connected with export
related documents.’

2. Article 2 shall become Article 1(3).

3. A new Article 2 shall be introduced:

‘Article 2

1.
A standard licence shall normally be used for
each export subject to the Basic Regulation. 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.

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.

3.
A general open licence shall cover any tem-
porary export of any of those cultural goods that form
part of the permanent collection of a museum or
other 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 other
Member States.

5. Member States may introduce whatever reas-
onable measures
they deem necessary in their
national territory to monitor the use of their own
open licences.’

(1) OJ L 395, 31. 12. 1992, p. 1.
(2) OJ L 335, 24. 12. 1996, p. 9.
(3) OJ L 77, 31. 3. 1993, p. 24.

4. A new Section II shall be introduced containing the

existing Articles 3 to 9:

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Official Journal of the European Communities

17. 7. 98

‘SECTION II

The standard licence’

5. At the beginning of Article 3(1) the following shall be

inserted:

‘Standard licences shall be issued on the form, a
model of which is in Annex I.’

6. A new Section III shall be added, the existing Article
10 shall be deleted and the existing Article 11 shall
become Article 17:

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 a written 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
from the
the customs office at
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 made available to him for use on a subsequent
occasion.

the point of exit

‘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 tempor-
arily exported from the Community on a regular basis
for use and/or exhibition in a third country. The
cultural good must be owned by, or be in the legit-
imate possession of, the particular person or organisa-
tion that uses and or exhibits the good.

2.
A licence may only be issued provided the
authorities are convinced that the person or organisa-
tion concerned offers all the guarantees considered
necessary for the good to be returned in good condi-
tion to the Community and that the good can be so
described or marked that there will be no doubt at
the moment of temporary export that the good being
that described in the specific open
exported is
licence.

CHAPTER 2

General open licences

Article 13

General open licences may be

1.
issued to
museums or other institutions to cover the temporary
export of any of the goods that belong to their per-
manent collection that are liable to be temporarily
exported from the Community on a regular basis for
exhibition in a third country.

the institution offers all

A licence may only be issued if the authorities
2.
the
are convinced that
guarantees considered necessary for the good to be
returned in good condition to the Community. The
licence may be used to cover any combination of
goods in the permanent collection at any one occa-
sion of temporary export. It can be used to cover a
series of different combinations of goods either
consecutively or concurrently.

A licence may not be valid for a period that

3.
exceeds five years.

A licence may not be valid for a period that

3.
exceeds five years.

Article 14

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 this case, the
translation costs shall be met by the licence holder.

Article 12

The customs office authorised to accept

1.
export declaration shall

the
the goods

ensure

that

The licence shall be presented in support of
export declaration.

the

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 15

The customs office authorised to accept

the
1.
the licence is
export declaration shall ensure that
presented together with a list of
the goods being
exported and which are also described in the export
declaration. The list shall be on the headed paper of

17. 7. 98

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Official Journal of the European Communities

L 201/49

the institution and each page shall be signed by one
of the persons from the institution and named on the
licence. Each page shall also be stamped with the
stamp of the institution as placed on the licence. A
reference 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 his representative
the licence shall also be made available to him for use
on a subsequent occasion.

CHAPTER 3

Forms for the licences

Article 16

Specific open licences shall be issued on the

1.
form, a model of which is in Annex II.

General open licences shall be issued on the

2.
form a model of which is in Annex III.

The licence form shall be printed in one or

3.
more of the official languages of the Community.

4.
The licence shall measure 210 (cid:253) 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/m2. It shall have a
printed guilloche pattern background in light blue
such as to reveal any falsification by mechanical or
chemical means.

The second sheet of the licence, which shall not
5.
have a guilloche pattern background, is for the ex-
porter’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 a reference
to such approval. 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 identi-
fied.

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,
for communication to the com-
petent authorities of the other Member States.

8.
Licences shall be made out by mechanical or
electronic means. In exceptional circumstances they
may be made out by black ball point pen in block
capitals. They shall not contain erasures, overwritten
words or other alterations.’

7. A new Section IV shall be added, containing Article

17:

‘SECTION IV

General provisions’

8. The existing Annex shall become Annex I.

9. Annex I to this Regulation shall be inserted as Annex

II.

10. Annex II to this Regulation shall be inserted as

Annex III.

Article 2

This Regulation shall enter into force on the seventh day
after its publication in the Official Journal of the Euro-
pean Communities.

It shall apply from 1 September 1998.

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

Done at Brussels, 16 July 1998.

For the Commission

Mario MONTI

Member of the Commission

L 201/50

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Official Journal of the European Communities

17. 7. 98

ANNEX I

‘ANNEX II

Model of form for specific open licences and copies thereof

EUROPEAN COMMUNITY

EXPORT OF CULTURAL GOODS (Regulation (EEC) No 3911/92)

1. Exporter

1

A. Identification number

B. Expiry date

I

E
C
N
E
C
L
N
E
P
O
C
F
C
E
P
S

I

I

This space should be
used for pre-printing
the name and address
of the issuing
authority.
A national symbol
or logo can also be
placed here

1

2. Description of the goods

3. Commodity code

4. Photograph of cultural good (not more than 8 cm · 12 cm)

This space is
available for
pre-printed
information at the
discretion of the
Member States,
including any
conditions

C. For completion by issuing authority

Signature:

Position:

Place:

Date:

Stamp

EUROPEAN COMMUNITY

EXPORT OF CULTURAL GOODS (Regulation (EEC) No 3911/92)

1. Exporter

2

A. Identification number

B. Expiry date

R
E
T
R
O
P
X
E
R
O
F

Y
P
O
C

2

This space should be
used for pre-printing
the name and address
of the issuing
authority.
A national symbol
or logo can also be
placed here

2. Description of the goods

3. Commodity code

4. Photograph of cultural good (not more than 8 cm · 12 cm)

This space is
available for
pre-printed
information at the
discretion of the
Member States,
including any
conditions

C. For completion by issuing authority

Signature:

Position:

Place:

Date:

Stamp’

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Official Journal of the European Communities

17. 7. 98

ANNEX II

‘ANNEX III

Model of form for general open licences and copies thereof

EUROPEAN COMMUNITY

EXPORT OF CULTURAL GOODS (Regulation (EEC) No 3911/92)

1. Exporter

1

A. Identification number

B. Expiry date

I

E
C
N
E
C
L
N
E
P
O
L
A
R
E
N
E
G

1

This space should
be used for pre-printing
the name and address
of the issuing
authority.
A national symbol
or logo can
also be
placed here

This is a general open licence which allows for the temporary export of cultural
goods which are part of the permanent collection of

...............................................................................
It may be used to cover a number of different export consignments to different
destinations during the period

........................... to ...........................
It is only valid provided that it is presented together with a list of the cultural goods to be temporarily exported in a
particular shipment made out on their headed notepaper and marked with this stamp

and signed by one of the following.

Name

Signature

This space is
available for
pre-printed
information at the
discretion of the
Member States,
including any conditions

C. For completion by issuing authority

Signature:

Position:

Place:

Date:

Stamp

EUROPEAN COMMUNITY

EXPORT OF CULTURAL GOODS (Regulation (EEC) No 3911/92)

1. Exporter

2

A. Identification number

B. Expiry date

R
E
T
R
O
P
X
E
R
O
F

Y
P
O
C

2

This space should
be used for pre-printing
the name and address
of the issuing
authority.
A national symbol
or logo can
also be
placed here

This is a general open licence which allows for the temporary export of cultural
goods which are part of the permanent collection of

...............................................................................
It may be used to cover a number of different export consignments to different
destinations during the period

........................... to ...........................
It is only valid provided that it is presented together with a list of the cultural goods to be temporarily exported in a
particular shipment made out on their headed notepaper and marked with this stamp

and signed by one of the following.

Name

Signature

This space is
available for
pre-printed
information at the
discretion of the
Member States,
including any conditions

C. For completion by issuing authority

Signature:

Position:

Place:

Date:

Stamp’