European Union
Council Regulation (EEC) No 3911/92 of 9 December 1992 on the export of
cultural goods.
CONTROL OF GOODS
Export of cultural goods
1) OBJECTIVE
Harmonized export controls for cultural
goods at the Community's external frontiers.
2) COMMUNITY MEASURES
Council Regulation (EEC) No 3911/92
of 9 December 1992 on the export of cultural goods.
Amended by Council Regulation No
2469/96 of 16 December 1996.
3) CONTENTS
1. The Regulation applies to cultural
goods belonging to one of the categories given in the annex, and in particular
the products of archaeological excavations and items from artistic, historical
or religious monuments or archaeological sites which have been dismantled.
2. The export of cultural goods is
subject to the presentation of an export licence which is valid throughout
the Community. A licence may be refused if the goods in question fall into
the category of national treasures covered by national legislation.
3. These licences will be examined
by customs officials during the course of the export formalities.
4. Member States may, where necessary,
restrict the number of customs offices competent to process exports of
cultural goods.
5. The Regulation provides for mutual
assistance between the administrative authorities of the Member States
and between the latter and the Commission.
6. A Cultural Goods Committee composed
of representatives of the Member States and chaired by a Commission representative
will be set up to advise the Commission on proposed measures.
4) DEADLINE FOR IMPLEMENTATION
OF THE LEGISLATION IN THE MEMBER STATES
Not applicable.
5) DATE OF ENTRY INTO
FORCE (if different from the above)
01.04.1993
6) REFERENCES
Official Journal L 395, 31.12.1992
Official Journal L 335, 24.12.1996
7) FOLLOW-UP WORK
On 19 October 1995 the Commission presented
a proposal for a Council Regulation amending the Annex to Regulation (EEC)
No 2911/92 on the export of cultural goods [COM(95) 479 final, Official
Journal C 6, 11.01.1996].
Member States are divided on the
question of the classification of water colours, gouaches and pastels in
the Annex which is common to both Council Regulation (EEC) No 3911/92 and
Council Directive
93/7/EEC. The solution put forward in the proposal involves creating a
new separate category just for water colours, gouaches and pastels with
a threshold of ECU 30 000.
On 21 May 1996 Parliament approved
the Commission proposal without amendments.
The proposal is currently before
the Council for adoption.
8) COMMISSION IMPLEMENTING
MEASURES
Regulation (EEC) No 752/93 - Official
Journal L 77, 31.03.1993
Commission Regulation of 30 March
1993 laying down implementing provisions for Council Regulation (EEC) No
3911/92 on the export of cultural goods.
The Regulation lays down the principle
of prior export licensing of certain categories of cultural goods defined
in the annex to the above-mentioned Regulation. It defines the form provided
for the purpose, how it is used and the period of validity of the export
licence.
A list of customs offices competent
to process exports of cultural goods has been published in the Official
Journal (Official Journal C 185, 07.09.1994).
List of authorities empowered to
issue export licences for cultural goods in accordance with Article 3(2)
of Council Regulation (EEC) No 3911/92 - Official Journal C 76, 16.03.1996. |