Regulation 2009/116 - Export of cultural goods (Codified version) - Main contents
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official title
Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods (Codified version)| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2009/116 |
| Original proposal | COM(2006)513  |
| CELEX number i | 32009R0116 |
| Document | 18-12-2008 |
|---|---|
| Publication in Official Journal | 10-02-2009; Special edition in Croatian: Chapter 02 Volume 021,OJ L 39, 10.2.2009 |
| Effect | 02-03-2009; Entry into force Date pub. + 20 See Art 12 |
| End of validity | 31-12-9999 |
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
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1.The export of cultural goods outside the customs territory of the Community shall be subject to the presentation of an export licence.
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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.
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