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Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods (Codified version)
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Version Superseded: 31/12/2020
Point in time view as at 31/01/2020.
There are currently no known outstanding effects for the Council Regulation (EC) No 116/2009, ANNEX I.
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a Which are more than 50 years old and do not belong to their originators. | ||
b As defined by the Court of Justice in its judgment in Case 252/84, as follows: ‘Collectors’ pieces within the meaning of heading No 97.05 of the Common Customs Tariff are articles which possess the requisite characteristics for inclusion in a collection, that is to say, articles which are relatively rare, are not normally used for their original purpose, are the subject of special transactions outside the normal trade in similar utility articles and are of high value’. | ||
1. | Archaeological objects more than 100 years old which are the products of: | |
—excavations and finds on land or under water | 9705 00 00 | |
—archaeological sites | 9706 00 00 | |
—archaeological collections | ||
2. | Elements forming an integral part of artistic, historical or religious monuments which have been dismembered, of an age exceeding 100 years | 9705 00 00 9706 00 00 |
3. | Pictures and paintings, other than those included in categories 4 or 5, executed entirely by hand in any medium and on any materiala | 9701 |
4. | Watercolours, gouaches and pastels executed entirely by hand on any materiala | 9701 |
5. | Mosaics in any material executed entirely by hand, other than those falling in categories 1 or 2, and drawings in any medium executed entirely by hand on any materiala | 6914 9701 |
6. | Original engravings, prints, serigraphs and lithographs with their respective plates and original postersa | Chapter 49 9702 00 00 8442 50 99 |
7. | Original sculptures or statuary and copies produced by the same process as the originala, other than those in category 1 | 9703 00 00 |
8. | Photographs, films and negatives thereofa | 3704 3705 3706 4911 91 80 |
9. | Incunabula and manuscripts, including maps and musical scores, singly or in collectionsa | 9702 00 00 9706 00 00 4901 10 00 4901 99 00 4904 00 00 4905 91 00 4905 99 00 4906 00 00 |
10. | Books more than 100 years old, singly or in collections | 9705 00 00 9706 00 00 |
11. | Printed maps more than 200 years old | 9706 00 00 |
12. | Archives, and any elements thereof, of any kind or any medium which are more than 50 years old | 3704 3705 3706 4901 4906 9705 00 00 9706 00 00 |
13. | (a)Collectionsb and specimens from zoological, botanical, mineralogical or anatomical collections; | 9705 00 00 |
(b)Collectionsb of historical, palaeontological, ethnographic or numismatic interest | 9705 00 00 | |
14. | Means of transport more than 75 years old | 9705 00 00 Chapters 86-89 |
15. | Any other antique items not included in categories A.1 to A.14 | |
(a)between 50 and 100 years old | ||
toys, games | Chapter 95 | |
glassware | 7013 | |
articles of goldsmiths’ or silversmiths’ wares | 7114 | |
furniture | Chapter 94 | |
optical, photographic or cinematographic apparatus | Chapter 90 | |
musical instruments | Chapter 92 | |
clocks and watches and parts thereof | Chapter 91 | |
articles of wood | Chapter 44 | |
pottery | Chapter 69 | |
tapestries | 5805 00 00 | |
carpets | Chapter 57 | |
wallpaper | 4814 | |
arms | Chapter 93 | |
(b)more than 100 years old | 9706 00 00 |
The cultural objects in categories A.1 to A.15 are covered by this Regulation only if their value corresponds to, or exceeds, the financial thresholds under B.
Value:
Whatever the value
1 (Archaeological objects)
2 (Dismembered monuments)
9 (Incunabula and manuscripts)
12 (Archives)
15 000
5 (Mosaics and drawings)
6 (Engravings)
8 (Photographs)
11 (Printed maps)
30 000
4 (Watercolours, gouaches and pastels)
50 000
7 (Statuary)
10 (Books)
13 (Collections)
14 (Means of transport)
15 (Any other object)
150 000
3 (Pictures)
The assessment of whether or not the conditions relating to financial value are fulfilled must be made when an application for an export licence is submitted. The financial value is that of the cultural object in the Member State referred to in Article 2(2).
For the Member States which do not have the euro as their currency, the values expressed in euro in Annex I shall be converted and expressed in national currencies at the rate of exchange on 31 December 2001 published in the Official Journal of the European Communities. This countervalue in national currencies shall be reviewed every two years with effect from 31 December 2001. Calculation of this countervalue shall be based on the average daily value of those currencies, expressed in euro, during the 24 months ending on the last day of August preceding the revision which takes effect on 31 December. This method of calculation shall be reviewed, on a proposal from the Commission, by the Advisory Committee on Cultural Goods, in principle two years after the first application. For each revision, the values expressed in euro and their countervalues in national currency shall be published periodically in the Official Journal of the European Union in the first days of the month of November preceding the date on which the revision takes effect.
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