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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.

 
  
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