Implementing regulation 2012/1081 - Commission Implementing Regulation 1081/2012 for the purposes of Council Regulation (EC) No 116/2009 on the export of cultural goods (codification)

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1.

Current status

This implementing regulation has been published on November 22, 2012 and entered into force on December 12, 2012.

2.

Key information

official title

Commission Implementing Regulation (EU) No 1081/2012 of 9 November 2012 for the purposes of Council Regulation (EC) No 116/2009 on the export of cultural goods (codification)
 
Legal instrument Implementing regulation
Number legal act Implementing regulation 2012/1081
CELEX number i 32012R1081

3.

Key dates

Document 09-11-2012
Publication in Official Journal 22-11-2012; OJ L 324, 22.11.2012,Special edition in Croatian: Chapter 11 Volume 129
Effect 12-12-2012; Entry into force Date pub. +20 See Art 18
End of validity 31-12-9999

4.

Legislative text

22.11.2012   

EN

Official Journal of the European Union

L 324/1

 

COMMISSION IMPLEMENTING REGULATION (EU) No 1081/2012

of 9 November 2012

for the purposes of Council Regulation (EC) No 116/2009 on the export of cultural goods

(codification)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods (1), and in particular Article 7 thereof,

Whereas:

 

(1)

Commission Regulation (EEC) No 752/93 of 30 March 1993 laying down provisions for the implementation of Council Regulation (EEC) No 3911/92 on the export of cultural goods (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Regulation should be codified.

 

(2)

Provisions are required for the implementation of Regulation (EC) No 116/2009, which provides, inter alia, for the establishment of an export licensing system for certain categories of cultural goods listed in Annex I to that Regulation.

 

(3)

In order to ensure that the export licences provided for by the said Regulation are uniform, rules governing the drawing up, issuing and use of the form are necessary. To that end a specimen licence should be made available.

 

(4)

In order to eliminate unnecessary administrative work, a concept of open licences for the temporary export of cultural goods by responsible persons or organisations for use and/or for exhibition in third countries is required.

 

(5)

Member States that wish to take advantage of such facilities should be able to do so in relation to their own cultural goods, persons and organisations. The conditions to be fulfilled will differ from Member State to Member State. The Member States should be able to opt for the use of open licences or not and lay down the conditions to be met for their issue.

 

(6)

Export licences should be made out in one of the official languages of the Union.

 

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 8 of Regulation (EC) No 116/2009,

HAS ADOPTED THIS REGULATION:

SECTION I

FORM OF LICENCE

Article 1

  • 1. 
    There shall be three types of licences for the export of cultural goods which shall be issued and used in accordance with Regulation (EC) No 116/2009 and with this Regulation:
 

(a)

the standard licence;

 

(b)

the specific open licence;

 

(c)

the general open licence.

  • 2. 
    The use of export licences shall in no way affect obligations connected with export formalities or related documents.
  • 3. 
    Export licence forms shall be provided on request by the competent authority or authorities referred to in Article 2(2) of Regulation (EC) No 116/2009.

Article 2

  • 1. 
    A standard licence shall normally be used for each export subject to Regulation (EC) No 116/2009.

However, each individual Member State concerned may decide whether or not it wishes to issue any specific or general open licences which may be used instead if the specific conditions relating to them are fulfilled as set out in Articles 10 and 13.

  • 2. 
    A specific open licence shall cover the repeated temporary export of a specific cultural good by a particular person or organisation as set out in Article 10.
  • 3. 
    A general open licence shall cover any temporary export of any of those cultural goods that form part of the permanent collection of a museum or other institution, as set out in Article 13.
  • 4. 
    A Member State may revoke any specific or general open licence at any time if the conditions under which it was issued are no longer met. It shall...

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This text has been adopted from EUR-Lex.

 

5.

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