CELEX: 32009R0116
Language: en
Date: 2008-12-18
Title: Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods (Codified version)

10.2.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 39/1
            
         
      COUNCIL REGULATION (EC) No 116/2009
   of 18 December 2008
   on the export of cultural goods
   (Codified version)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
   Having regard to the proposal from the Commission,
   Whereas:
   
               (1)
            
            
               Council Regulation (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods (1) has been substantially amended several times (2). In the interests of clarity and rationality the said Regulation should be codified.
            
         
               (2)
            
            
               In order to maintain the internal market, rules on trade with third countries are needed for the protection of cultural goods.
            
         
               (3)
            
            
               It seems necessary to take measures in particular to ensure that exports of cultural goods are subject to uniform controls at the Community's external borders.
            
         
               (4)
            
            
               Such a system should require the presentation of a licence issued by the competent Member State prior to the export of cultural goods covered by this Regulation. This necessitates a clear definition of the scope of such measures and the procedures for their implementation. The implementation of the system should be as simple and efficient as possible.
            
         
               (5)
            
            
               The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (3).
            
         
               (6)
            
            
               In view of the considerable experience of the Member States' authorities in the application of 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 (4), the said Regulation should be applied to this matter.
            
         
               (7)
            
            
               Annex I to this Regulation is aimed at making clear the categories of cultural goods which should be given particular protection in trade with third countries, but is not intended to prejudice the definition, by Member States, of national treasures within the meaning of Article 30 of the Treaty,
            
         HAS ADOPTED THIS REGULATION:
   Article 1
   Definition
   Without prejudice to Member States' powers under Article 30 of the Treaty, the term ‘cultural goods’ shall refer, for the purposes of this Regulation, to the items listed in Annex I.
   Article 2
   Export licence
   1.   The export of cultural goods outside the customs territory of the Community shall be subject to the presentation of an export licence.
   2.   The export licence shall be issued at the request of the person concerned:
   
               (a)
            
            
               by a competent authority of the Member State in whose territory the cultural object in question was lawfully and definitively located on 1 January 1993;
            
         
               (b)
            
            
               or, thereafter, by a competent authority of the Member State in whose territory it is located following either lawful and definitive dispatch from another Member State, or importation from a third country, or re-importation from a third country after lawful dispatch from a Member State to that country.
            
         However, without prejudice to paragraph 4, the Member State which is competent in accordance with points (a) or (b) of the first subparagraph is authorised not to require export licences for the cultural goods specified in the first and second indents of category A.1 of Annex I where they are of limited archaeological or scientific interest, and provided that they are not the direct product of excavations, finds or archaeological sites within a Member State, and that their presence on the market is lawful.
   The export licence may be refused, for the purposes of this Regulation, where the cultural goods in question are covered by legislation protecting national treasures of artistic, historical or archaeological value in the Member State concerned.
   Where necessary, the authority referred to in point (b) of the first subparagraph shall enter into contact with the competent authorities of the Member State from which the cultural object in question came, and in particular the competent authorities within the meaning of Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State (5).
   3.   The export licence shall be valid throughout the Community.
   4.   Without prejudice to the provisions of paragraphs 1, 2 and 3, direct export from the customs territory of the Community of national treasures having artistic, historic or archaeological value which are not cultural goods within the meaning of this Regulation is subject to the national law of the Member State of export.
   Article 3
   Competent authorities
   1.   Member States shall furnish the Commission with a list of the authorities empowered to issue export licences for cultural goods.
   2.   The Commission shall publish a list of the authorities and any amendment to that list in the ‘C’ series of the Official Journal of the European Union.
   Article 4
   Presentation of licence
   The export licence shall be presented, in support of the export declaration, when the customs export formalities are carried out, at the customs office which is competent to accept that declaration.
   Article 5
   Limitation of competent customs offices
   1.   Member States may restrict the number of customs offices empowered to handle formalities for the export of cultural goods.
   2.   Member States availing themselves of the option afforded by paragraph 1 shall inform the Commission of the customs offices duly empowered.
   The Commission shall publish this information in the ‘C’ series of the Official Journal of the European Union.
   Article 6
   Administrative cooperation
   For the purposes of implementing this Regulation, the provisions of Regulation (EC) No 515/97, and in particular the provisions on the confidentiality of information, shall apply mutatis mutandis.
   In addition to the cooperation provided for under the first paragraph, Member States shall take all necessary steps to establish, in the context of their mutual relations, cooperation between the customs authorities and the competent authorities referred to in Article 4 of Directive 93/7/EEC.
   Article 7
   Implementing measures
   The measures necessary for the implementation of this Regulation, in particular those concerning the form to be used (for example, the model and technical properties) shall be adopted in accordance with the procedure referred to in Article 8(2).
   Article 8
   Committee
   1.   The Commission shall be assisted by a committee.
   2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.
   Article 9
   Penalties
   The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
   Article 10
   Reporting
   1.   Each Member State shall inform the Commission of the measures taken pursuant to this Regulation.
   The Commission shall pass on this information to the other Member States.
   2.   Every three years the Commission shall present a report to the European Parliament, the Council and the European Economic and Social Committee on the implementation of this Regulation.
   The Council, acting on a proposal from the Commission, shall examine every three years and, where appropriate, update the amounts indicated in Annex I, on the basis of economic and monetary indicators in the Community.
   Article 11
   Repeal
   Regulation (EEC) No 3911/92, as amended by the Regulations listed in Annex II, is repealed.
   References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
   Article 12
   Entry into force
   This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 18 December 2008.
      
         
            For the Council
         
         
            The President
         
         M. BARNIER
         
      
   
   
      (1)  OJ L 395, 31.12.1992, p. 1.
   
      (2)  See Annex II.
   
      (3)  OJ L 184, 17.7.1999, p. 23.
   
      (4)  OJ L 82, 22.3.1997, p. 1.
   
      (5)  OJ L 74, 27.3.1993, p. 74.
   
      ANNEX I
      Categories of cultural objects covered by Article 1
      
                  1.
               
               
                  Archaeological objects more than 100 years old which are the products of:
               
               
                   
               
            
                  
                              —
                           
                           
                              excavations and finds on land or under water
                           
                        
               
                  9705 00 00
               
            
                  
                              —
                           
                           
                              archaeological sites
                           
                        
               
                  9706 00 00
               
            
                  
                              —
                           
                           
                              archaeological collections
                           
                        
            
                  2.
               
               
                  Elements forming an integral part of artistic, historical or religious monuments which have been dismembered, of an age exceeding 100 years
               
               
                  9705 00 00
                  9706 00 00
               
            
                  3.
               
               
                  Pictures and paintings, other than those included in categories 4 or 5, executed entirely by hand in any medium and on any material (1)
                  
               
               
                  9701
               
            
                  4.
               
               
                  Watercolours, gouaches and pastels executed entirely by hand on any material (1)
                  
               
               
                  9701
               
            
                  5.
               
               
                  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 (1)
                  
               
               
                  6914
                  9701
               
            
                  6.
               
               
                  Original engravings, prints, serigraphs and lithographs with their respective plates and original posters (1)
                  
               
               
                  Chapter 49
                  9702 00 00
                  8442 50 99
               
            
                  7.
               
               
                  Original sculptures or statuary and copies produced by the same process as the original (1), other than those in category 1
               
               
                  9703 00 00
               
            
                  8.
               
               
                  Photographs, films and negatives thereof (1)
                  
               
               
                  3704
                  3705
                  3706
                  4911 91 80
               
            
                  9.
               
               
                  Incunabula and manuscripts, including maps and musical scores, singly or in collections (1)
                  
               
               
                  9702 00 00
                  9706 00 00
                  4901 10 00
                  4901 99 00
                  4904 00 00
                  4905 91 00
                  4905 99 00
                  4906 00 00
               
            
                  10.
               
               
                  Books more than 100 years old, singly or in collections
               
               
                  9705 00 00
                  9706 00 00
               
            
                  11.
               
               
                  Printed maps more than 200 years old
               
               
                  9706 00 00
               
            
                  12.
               
               
                  Archives, and any elements thereof, of any kind or any medium which are more than 50 years old
               
               
                  3704
                  3705
                  3706
                  4901
                  4906
                  9705 00 00
                  9706 00 00
               
            
                  13.
               
               
                  
                              (a)
                           
                           
                              Collections (2) and specimens from zoological, botanical, mineralogical or anatomical collections;
                           
                        
               
                  9705 00 00
               
            
                  
                              (b)
                           
                           
                              Collections (2) of historical, palaeontological, ethnographic or numismatic interest
                           
                        
               
                  9705 00 00
               
            
                  14.
               
               
                  Means of transport more than 75 years old
               
               
                  9705 00 00
                  Chapters 86-89
               
            
                  15.
               
               
                  Any other antique items not included in categories A.1 to A.14
               
               
                   
               
            
                  
                              (a)
                           
                           
                              between 50 and 100 years old
                           
                        
               
                   
               
            
                  toys, games
               
               
                  Chapter 95
               
            
                  glassware
               
               
                  7013
               
            
                  articles of goldsmiths’ or silversmiths’ wares
               
               
                  7114
               
            
                  furniture
               
               
                  Chapter 94
               
            
                  optical, photographic or cinematographic apparatus
               
               
                  Chapter 90
               
            
                  musical instruments
               
               
                  Chapter 92
               
            
                  clocks and watches and parts thereof
               
               
                  Chapter 91
               
            
                  articles of wood
               
               
                  Chapter 44
               
            
                  pottery
               
               
                  Chapter 69
               
            
                  tapestries
               
               
                  5805 00 00
               
            
                  carpets
               
               
                  Chapter 57
               
            
                  wallpaper
               
               
                  4814
               
            
                  arms
               
               
                  Chapter 93
               
            
                  
                              (b)
                           
                           
                              more than 100 years old
                           
                        
               
                  9706 00 00
               
            The cultural objects in categories A.1 to A.15 are covered by this Regulation only if their value corresponds to, or exceeds, the financial thresholds under B.
      B.   Financial thresholds applicable to certain categories under A (in euro)
      Value:
      
                   
               
               
                  Whatever the value
                  
                              —
                           
                           
                              1 (Archaeological objects)
                           
                        
                              —
                           
                           
                              2 (Dismembered monuments)
                           
                        
                              —
                           
                           
                              9 (Incunabula and manuscripts)
                           
                        
                              —
                           
                           
                              12 (Archives)
                           
                        
            
                   
               
               
                  
                     15 000
                  
                  
                              —
                           
                           
                              5 (Mosaics and drawings)
                           
                        
                              —
                           
                           
                              6 (Engravings)
                           
                        
                              —
                           
                           
                              8 (Photographs)
                           
                        
                              —
                           
                           
                              11 (Printed maps)
                           
                        
            
                   
               
               
                  
                     30 000
                  
                  
                              —
                           
                           
                              4 (Watercolours, gouaches and pastels)
                           
                        
            
                   
               
               
                  
                     50 000
                  
                  
                              —
                           
                           
                              7 (Statuary)
                           
                        
                              —
                           
                           
                              10 (Books)
                           
                        
                              —
                           
                           
                              13 (Collections)
                           
                        
                              —
                           
                           
                              14 (Means of transport)
                           
                        
                              —
                           
                           
                              15 (Any other object)
                           
                        
            
                   
               
               
                  
                     150 000
                  
                  
                              —
                           
                           
                              3 (Pictures)
                           
                        
            The assessment of whether or not the conditions relating to financial value are fulfilled must be made when an application for an export licence is submitted. The financial value is that of the cultural object in the Member State referred to in Article 2(2).
      For the Member States which do not have the euro as their currency, the values expressed in euro in Annex I shall be converted and expressed in national currencies at the rate of exchange on 31 December 2001 published in the Official Journal of the European Communities. This countervalue in national currencies shall be reviewed every two years with effect from 31 December 2001. Calculation of this countervalue shall be based on the average daily value of those currencies, expressed in euro, during the 24 months ending on the last day of August preceding the revision which takes effect on 31 December. This method of calculation shall be reviewed, on a proposal from the Commission, by the Advisory Committee on Cultural Goods, in principle two years after the first application. For each revision, the values expressed in euro and their countervalues in national currency shall be published periodically in the Official Journal of the European Union in the first days of the month of November preceding the date on which the revision takes effect.
      
         (1)  Which are more than 50 years old and do not belong to their originators.
      
         (2)  As defined by the Court of Justice in its judgment in Case 252/84, as follows: ‘Collectors’ pieces within the meaning of heading No 97.05 of the Common Customs Tariff are articles which possess the requisite characteristics for inclusion in a collection, that is to say, articles which are relatively rare, are not normally used for their original purpose, are the subject of special transactions outside the normal trade in similar utility articles and are of high value’.
   
   
      ANNEX II
      Repealed Regulation with its successive amendments
      
                  Council Regulation (EEC) No 3911/92
                  (OJ L 395, 31.12.1992, p. 1)
               
               
                   
               
            
                  Council Regulation (EC) No 2469/96
                  (OJ L 335, 24.12.1996, p. 9)
               
               
                   
               
            
                  Council Regulation (EC) No 974/2001
                  (OJ L 137, 19.5.2001, p. 10)
               
               
                   
               
            
                  Council Regulation (EC) No 806/2003
                  (OJ L 122, 16.5.2003, p. 1)
               
               
                  Annex I, point 2 only
               
            
   
      ANNEX III
      CORRELATION TABLE
      
                  Regulation (EEC) No 3911/92
               
               
                  This Regulation
               
            
                  Article 1
               
               
                  Article 1
               
            
                  Article 2(1)
               
               
                  Article 2(1)
               
            
                  Article 2(2), first subparagraph, introductory wording
               
               
                  Article 2(2), first subparagraph, introductory wording
               
            
                  Article 2(2), first subparagraph, first indent
               
               
                  Article 2(2), first subparagraph, point (a)
               
            
                  Article 2(2), first subparagraph, second indent
               
               
                  Article 2(2), first subparagraph, point (b)
               
            
                  Article 2(2), second subparagraph
               
               
                  Article 2(2), second subparagraph
               
            
                  Article 2(2), third subparagraph
               
               
                  Article 2(2), third subparagraph
               
            
                  Article 2(2), fourth subparagraph
               
               
                  Article 2(2), fourth subparagraph
               
            
                  Article 2(3)
               
               
                  Article 2(3)
               
            
                  Article 2(4)
               
               
                  Article 2(4)
               
            
                  Articles 3 to 9
               
               
                  Articles 3 to 9
               
            
                  Article 10, first paragraph
               
               
                  Article 10(1), first subparagraph
               
            
                  Article 10, second paragraph
               
               
                  Article 10(1), second subparagraph
               
            
                  Article 10, third paragraph
               
               
                  Article 10(2), first subparagraph
               
            
                  Article 10, fourth paragraph
               
               
                  —
               
            
                  Article 10, fifth paragraph
               
               
                  Article 10(2), second subparagraph
               
            
                  —
               
               
                  Article 11
               
            
                  Article 11
               
               
                  Article 12
               
            
                  Annex, points A.1, A.2 and A.3
               
               
                  Annex I, points A.1, A.2 and A.3
               
            
                  Annex, point A.3A
               
               
                  Annex I, point A.4
               
            
                  Annex, point A.4
               
               
                  Annex I, point A.5
               
            
                  Annex, point A.5
               
               
                  Annex I, point A.6
               
            
                  Annex, point A.6
               
               
                  Annex I, point A.7
               
            
                  Annex, point A.7
               
               
                  Annex I, point A.8
               
            
                  Annex, point A.8
               
               
                  Annex I, point A.9
               
            
                  Annex, point A.9
               
               
                  Annex I, point A.10
               
            
                  Annex, point A.10
               
               
                  Annex I, point A.11
               
            
                  Annex, point A.11
               
               
                  Annex I, point A.12
               
            
                  Annex, point A.12
               
               
                  Annex I, point A.13
               
            
                  Annex, point A.13
               
               
                  Annex I, point A.14
               
            
                  Annex, point A.14
               
               
                  Annex I, point A.15
               
            
                  Annex, point B
               
               
                  Annex I, point B
               
            
                  —
               
               
                  Annex II
               
            
                  —
               
               
                  Annex III