Regulation 2009/116 - Export of cultural goods (Codified version)

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This regulation has been published on February 10, 2009 and entered into force on March  2, 2009.

2.

Key information

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 EN
CELEX number72 32009R0116

3.

Key dates

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

4.

Legislative text

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...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

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7.

Full version

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8.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.

  • 1. 
    COM(87) 868 PV.

     
  • 2. 
    See Annex 3 to Part A of the Conclusions.

     
  • 3. 
    Carried out pursuant to the Communication from the Commission to the European Parliament and the Council
     
  • 4. 
    See Annex II to this proposal.

     
  • 5. 
    OJ
     
  • 6. 
    OJ
     
  • 7. 
    OJ L 395, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

     
  • 8. 
    See Annex II.

     
  • 9. 
    OJ L 184, 17.7.1999, p. 23.

     
  • 10. 
    Ö OJ L 82, 22.3.1997, p. 1 Õ. Regulation as amended by Regulation Ö (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36) Õ.

     
  • 11. 
    See Annex 3 to Part A of the Conclusions.

     
  • 12. 
    Which are more than 50 years old and do not belong to their originators.

     
  • 13. 
    As defined by the Court of Justice in its judgment in Case 252/84, as follows:
     
  • 14. 
    See Annex 3 to Part A of the Conclusions.

     
  • 15. 
    COM(87) 868 PV.

     
  • 16. 
    COM(87) 868 PV.

     
  • 17. 
    See Annex 3 to Part A of the Conclusions.

     
  • 18. 
    See Annex 3 to Part A of the Conclusions.

     
  • 19. 
    See Annex 3 to Part A of the Conclusions.

     
  • 20. 
    See Annex 3 to Part A of the Conclusions.

     
  • 21. 
    See Annex 3 to Part A of the Conclusions.

     
  • 22. 
    See Annex 3 to Part A of the Conclusions.

     
  • 23. 
    See Annex 3 to Part A of the Conclusions.

     
  • 24. 
    See Annex 3 to Part A of the Conclusions.

     
  • 25. 
    See Annex 3 to Part A of the Conclusions.

     
  • 26. 
    See Annex 3 to Part A of the Conclusions.

     
  • 27. 
    See Annex 3 to Part A of the Conclusions.

     
  • 28. 
    See Annex 3 to Part A of the Conclusions.

     
  • 29. 
    Carried out pursuant to the Communication from the Commission to the European Parliament and the Council
     
  • 30. 
    Carried out pursuant to the Communication from the Commission to the European Parliament and the Council
     
  • 31. 
    See Annex II to this proposal.

     
  • 32. 
    See Annex II to this proposal.

     
  • 33. 
    COM(87) 868 PV.

     
  • 34. 
    COM(87) 868 PV.

     
  • 35. 
    See Annex 3 to Part A of the Conclusions.

     
  • 36. 
    See Annex 3 to Part A of the Conclusions.

     
  • 37. 
    See Annex 3 to Part A of the Conclusions.

     
  • 38. 
    COM(87) 868 PV.

     
  • 39. 
    See Annex 3 to Part A of the Conclusions.

     
  • 40. 
    Carried out pursuant to the Communication from the Commission to the European Parliament and the Council
     
  • 41. 
    See Annex II to this proposal.

     
  • 42. 
    OJ
     
  • 43. 
    OJ
     
  • 44. 
    OJ L 395, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p.

    1).

     
  • 45. 
    See Annex II.

     
  • 46. 
    OJ L 184, 17.7.1999, p. 23.

     
  • 47. 
    Ö OJ L 82, 22.3.1997, p. 1 Õ. Regulation as amended by Regulation Ö (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36) Õ.

     
  • 48. 
    See Annex 3 to Part A of the Conclusions.

     
  • 49. 
    Which are more than 50 years old and do not belong to their originators.

     
  • 50. 
    As defined by the Court of Justice in its judgment in Case 252/84, as follows:
     
  • 51. 
    See Annex 3 to Part A of the Conclusions.

     
  • 52. 
    COM(87) 868 PV.

     
  • 53. 
    See Annex 3 to Part A of the Conclusions.

     
  • 54. 
    See Annex 3 to Part A of the Conclusions.

     
  • 55. 
    See Annex 3 to Part A of the Conclusions.

     
  • 56. 
    See Annex 3 to Part A of the Conclusions.

     
  • 57. 
    See Annex 3 to Part A of the Conclusions.

     
  • 58. 
    See Annex 3 to Part A of the Conclusions.

     
  • 59. 
    See Annex 3 to Part A of the Conclusions.

     
  • 60. 
    See Annex 3 to Part A of the Conclusions.

     
  • 61. 
    See Annex 3 to Part A of the Conclusions.

     
  • 62. 
    See Annex 3 to Part A of the Conclusions.

     
  • 63. 
    See Annex 3 to Part A of the Conclusions.

     
  • 64. 
    See Annex 3 to Part A of the Conclusions.

     
  • 65. 
    Carried out pursuant to the Communication from the Commission to the European Parliament and the Council
     
  • 66. 
    See Annex II to this proposal.

     
  • 67. 
    COM(87) 868 PV.

     
  • 68. 
    COM(87) 868 PV.

     
  • 69. 
    See Annex 3 to Part A of the Conclusions.

     
  • 70. 
    See Annex 3 to Part A of the Conclusions.

     
  • 71. 
    See Annex 3 to Part A of the Conclusions.

     
  • 72. 
    Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
     
  • 73. 
    EUR-lex provides an overview of the proposal, amendments, citations and legality.