HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
22.11.2012 Official
Journal
of
the
European
Union
L
324/1
II
(Non-legislative acts)
REGULATIONS
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,
cultural goods by responsible persons or organisations
for use and/or for exhibition in third countries is
required.
Having regard to the Treaty on the Functioning of the European
Union,
(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
Having regard to Council Regulation (EC) No 116/2009 of
conditions to be fulfilled will differ from Member State
18 December 2008 on the export of cultural goods ( 1 ), and
to Member State. The Member States should be able to
in particular Article 7 thereof,
opt for the use of open licences or not and lay down the
conditions to be met for their issue.
Whereas:
(6) Export
licences
should
be
made
out
in
one
of
the
official
languages of the Union.
(1) Commission
Regulation
(EEC)
No
752/93
of
30
March
1993 laying down provisions for the implementation of
(7) The
measures
provided
for
in
this
Regulation
are
in
Council Regulation (EEC) No 3911/92 on the export of
accordance with the opinion of the Committee referred
cultural goods ( 2 ) has been substantially amended several
to in Article 8 of Regulation (EC) No 116/2009,
times ( 3 ). In the interests of clarity and rationality the said
Regulation should be codified.
HAS ADOPTED THIS REGULATION:
(2) Provisions
are
required
for
the
implementation
of
Regu
lation (EC) No 116/2009, which provides, inter alia, for
the establishment of an export licensing system for
SECTION I
certain categories of cultural goods listed in Annex I to
FORM OF LICENCE
that Regulation.
Article 1
1. There
shall
be
three
types
of
licences
for
the
export
of
(3) In
order
to
ensure
that
the
export
licences
provided
for cultural goods which shall be issued and used in accordance
by the said Regulation are uniform, rules governing the
with Regulation (EC) No 116/2009 and with this Regulation:
drawing up, issuing and use of the form are necessary.
To that end a specimen licence should be made available.
(a) the standard licence;
(4) In
order
to
eliminate
unnecessary
administrative
work,
a
concept of open licences for the temporary export of
(b) the specific open licence;
( 1 ) OJ L 39, 10.2.2009, p. 1.
( 2 ) OJ L 77, 31.3.1993, p. 24.
( 3 ) See Annex IV.
(c) the general open licence.

---

L 324/2
EN
Official Journal of the European Union
22.11.2012
2. The
use
of
export
licences
shall
in
no
way
affect The competent authorities of the Member State in which the
obligations connected with export formalities or related docu
form is presented may ask for it to be translated into the
ments.
language, or one of the official languages, of that Member
State. In this case, the translation costs shall be met by the
licence holder.
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.
4. Member
States
shall
be
responsible:
Article 2
(a) for having the forms printed, bearing the printer’s name and
address or identifying mark;
1. A standard licence shall normally be used for each export
subject to Regulation (EC) No 116/2009.
(b) for taking any measure necessary in order to avoid the
forging of forms. The means of identification adopted by
However, each individual Member State concerned may decide
Member States for this purpose shall be notified to the
whether or not it wishes to issue any specific or general open
Commission, for communication to the competent auth
licences which may be used instead if the specific conditions
orities of the other Member States.
relating to them are fulfilled as set out in Articles 10 and 13.
2. A
specific
open
licence
shall
cover
the
repeated
temporary 5. Forms
shall
preferably
be
filled
in
by
mechanical
or
elec
export of a specific cultural good by a particular person or
tronic means. However, the application may be filled in legibly
organisation as set out in Article 10.
by hand; in the latter case it shall be written in ink and in block
capitals.
3. A
general
open
licence
shall
cover
any
temporary
export
of any of those cultural goods that form part of the permanent
Whatever the process used, forms shall not contain erasures,
collection of a museum or other institution, as set out in
overwritten words or other alterations.
Article 13.
Article 4
4. A Member State may revoke any specific or general open
licence at any time if the conditions under which it was issued
1. Without
prejudice
to
paragraph
3,
a
separate
export
are no longer met. It shall inform the Commission immediately
licence shall be issued for each consignment of cultural goods.
if the licence issued is not recovered and could be used irregu
larly. The Commission shall immediately inform the other
Member States.
2. For
the
purposes
of
paragraph
1,
a
consignment
shall
mean either a single cultural object or a number of cultural
objects.
5. Member States may introduce whatever reasonable
measures they deem necessary in their national territory to
monitor the use of their own open licences.
3. Where a consignment consists of a number of cultural
objects, it is for the competent authorities to determine
whether one or several export licences should be issued for
SECTION II
the consignment in question.
THE STANDARD LICENCE
Article 5
Article 3
The form shall comprise three sheets:
1. Standard
licences
shall
be
issued
on
the
form,
a
model
of
which is set out in Annex I. The form shall be printed on white
paper without mechanical pulp, dressed for writing purposes
and weighing not less than 55 g/m 2 .
(a) one sheet, marked as No 1, which shall constitute the appli
cation;
2.
Forms shall measure 210 × 297 mm.
(b) one sheet, marked as No 2, for the holder;
3. Forms
shall
be
produced
in
printed
or
electronic
form
and
filled out in an official language of the Union designated by the
(c) one sheet, marked as No 3, which shall be returned to the
competent authorities of the issuing Member State.
issuing authority.

---

EN
22.11.2012 Official
Journal
of
the
European
Union
L
324/3
Article 6
Article 8
1. The applicant shall complete boxes 1, 3, 6 to 21, 24 and,
1. The customs office responsible for handling the export
if necessary, 25 of the application and the other sheets, except
declaration shall ensure that the entries on the export
where pre-printing of the box or boxes is authorised.
declaration or, if applicable, the ATA carnet, correspond to
the entries on the export licence and that a reference to the
export licence is entered in box 44 of the export declaration or
on the counterfoil of the ATA carnet.
However, Member States may provide that only the application
need be completed.
It shall take suitable measures for identification purposes. The
measures may consist in the affixation of a seal or stamp of the
2. The
application
shall
be
accompanied
by:
customs office. The sheet of the export licence form which is to
be returned to the issuing authority shall be attached to copy 3
of the single administrative document.
(a) documentation providing all relevant information on the
cultural object(s) and its (their) legal status at the time
when the application is made, by means of any supporting
documents (invoices, expert appraisals etc.) where appro
2. After completing box 23 in sheets 2 and 3, the customs
priate;
office authorised to accept the export declaration shall return to
the declarant or to his/her authorised representative the sheet
intended for the holder.
(b) a duly authenticated photograph or, where appropriate and
at the discretion of the competent authorities, photographs
in black and white or in colour (measuring at least 8 cm by
3. The sheet of the licence form which is to be returned to
12 cm) of the cultural goods in question.
the issuing authority, must accompany the consignment to the
customs office at the point of exit from the customs territory of
the Union.
This requirement may be replaced, where appropriate and at
the discretion of the competent authorities, by a detailed list
of the cultural goods.
The customs office shall affix its stamp to box 26 of the form
and return it to the issuing authority.
3. The
competent
authorities
may
require,
for
the
purposes
of issuing an export licence, the physical presentation of the
Article 9
cultural goods to be exported.
1. The
period
of
validity
of
export
licences
shall
not
exceed
12 months from the date of issue.
4. Any
costs
incurred
by
the
application
of
paragraphs
2
and
3 shall be met by the applicant requesting the export licence.
2. In
the
case
of
an
application
for
temporary
exportation,
the competent authorities may specify the time limit within
which the cultural goods must be reimported into the issuing
5. In
order
that
an
export
licence
may
be
granted,
the
duly Member State.
completed form shall be presented to the competent authorities
designated by the Member States pursuant to Article 2(2) of
Regulation (EC) No 116/2009. When the authority has granted
the export licence, sheet 1 shall be kept by that authority and
3. Where
an
export
licence
expires
without
having
been
the remaining sheets shall be returned to the holder of the
used, the holder shall immediately return to the issuing
export licence or to his authorised representative.
authority the sheets in his possession
Article 7
SECTION III
The following shall be presented in support of the export
SPECIFIC OPEN LICENCES
declaration:
Article 10
1. Specific
open
licences
may
be
issued
for
a
specific
cultural
(a) the sheet for the holder;
good which is liable to be temporarily exported from the Union
on a regular basis for use and/or exhibition in a third country.
The cultural good must be owned by, or be in the legitimate
possession of, the particular person or organisation that uses
(b) the sheet to be returned to the issuing authority.
and/or exhibits the good.

---

L 324/4
EN
Official Journal of the European Union
22.11.2012
2. A
licence
may
only
be
issued
provided
the
authorities
are one occasion of temporary export. It may be used to cover a
convinced that the person or organisation concerned offers all
series of different combinations of goods either consecutively or
the guarantees considered necessary for the good to be returned
concurrently.
in good condition to the Union and that the good can be so
described or marked that there will be no doubt at the moment
of temporary export that the good being exported is that
3. A
licence
may
not
be
valid
for
a
period
that
exceeds
five
described in the specific open licence.
years.
3. A
licence
may
not
be
valid
for
a
period
that
exceeds
five
Article 14
years.
The licence shall be presented in support of the export declar
ation.
Article 11
The licence shall be presented in support of a written export
The competent authorities of the Member State in which the
declaration or be available in other cases for production with
licence is presented may ask for it to be translated into the
the cultural goods for examination upon request.
language, or one of the official languages, of that Member
State. In that case, the translation costs shall be met by the
licence holder.
The competent authorities of the Member State in which the
licence is presented may ask for it to be translated into the
Article 15
language, or one of the official languages, of that Member
State. In that case, the translation costs shall be met by the
1. The
customs
office
authorised
to
accept
the
export
licence holder.
declaration shall ensure that the licence is presented together
with a list of the goods being exported and which are also
described in the export declaration. The list shall be on the
headed paper of the institution and each page shall be signed
Article 12
by one of the persons from the institution and named on the
1. The
customs
office
authorised
to
accept
the
export licence. Each page shall also be stamped with the stamp of the
declaration shall ensure that the goods presented are those
institution as placed on the licence. A reference to the licence
described on the export licence and that a reference is made
must be made in box 44 of the export declaration.
to that licence in box 44 of the export declaration if a written
declaration is required.
2. The
licence
shall
be
attached
to
copy
3
of
the
single
administrative document and must accompany the consignment
to the customs office at the point of exit from the customs
2. If a written declaration is required then the licence must
territory of the Union. Where copy 3 of the single adminis
be attached to copy 3 of the single administrative document
trative document is made available to the exporter or his repre
and accompany the good to the customs office at the point of
sentative the licence shall also be made available to him for use
exit from the customs territory of the Union. Where copy 3 of
on a subsequent occasion.
the single administrative document is made available to the
exporter or his representative, the licence shall also be made
available to him for use on a subsequent occasion.
SECTION V
FORMS FOR THE OPEN LICENCES
SECTION IV
Article 16
GENERAL OPEN LICENCES
1. Specific
open
licences
shall
be
issued
on
the
form,
a
Article 13
model of which is set out in Annex II.
1. General
open
licences
may
be
issued
to
museums
or
other
institutions to cover the temporary export of any of the goods
2. General
open
licences
shall
be
issued
on
the
form,
a
that belong to their permanent collection that are liable to be
model of which is set out in Annex III.
temporarily exported from the Union on a regular basis for
exhibition in a third country.
3. The
licence
form
shall
be
produced
in
printed
or
elec
tronic form in one or more of the official languages of the
2. A
licence
may
only
be
issued
if
the
competent
authorities Union.
are convinced that the institution offers all the guarantees
considered necessary for the goods to be returned in good
condition to the Union. The licence may be used to cover
4.
The licence shall measure 210 × 297 mm. A tolerance of
any combination of goods in the permanent collection at any
up to minus 5 mm or plus 8 mm in the length shall be allowed.

---

EN
22.11.2012 Official
Journal
of
the
European
Union
L
324/5
The paper used shall be white, free of mechanical pulp, dressed
8. Licences
shall
be
made
out
by
mechanical
or
electronic
for writing purposes and weigh at least 55 g/m 2 . It shall have a
means. In exceptional circumstances they may be made out by
printed guilloche pattern background in light blue such as to
black ball point pen in block capitals.
reveal any falsification by mechanical or chemical means.
5. The
second
sheet
of
the
licence,
which
shall
not
have
a They shall not contain erasures, overwritten words or other
guilloche pattern background, is for the exporter’s own use or
alterations.
records only.
The application form to be used shall be prescribed by the
Member State concerned.
SECTION VI
FINAL PROVISIONS
6. Member
States
may
reserve
the
right
to
print
the
licence
forms or may have them printed by approved printers. In the
Article 17
latter case, each form must bear a reference to such approval.
Regulation (EEC) No 752/93 is repealed.
Each form must bear the name and address of the printer or a
mark by which the printer can be identified. It shall also bear a
serial number, either printed or stamped, by which it can be
References to the repealed Regulation shall be construed as
identified.
references to this Regulation and shall be read in accordance
with the correlation table in Annex V.
7. Member
States
shall
be
responsible
for
taking
any
measure
necessary in order to avoid the forging of licences.
Article 18
The means of identification adopted by Member States for this
This Regulation shall enter into force on the twentieth day
purpose shall be notified to the Commission, for communi
following that of its publication in the Official Journal of the
cation to the competent authorities of the other Member States.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 November 2012.
For the Commission
The President
José Manuel BARROSO

---

L 324/6
EN
Official Journal of the European Union
22.11.2012
ANNEX I
Model standard export licence form

---

EN
22.11.2012 Official
Journal
of
the
European
Union
L
324/7

---

L 324/8
EN
Official Journal of the European Union
22.11.2012

---

EN
22.11.2012 Official
Journal
of
the
European
Union
L
324/9

---

L 324/10
EN
Official Journal of the European Union
22.11.2012

---

EN
22.11.2012 Official
Journal
of
the
European
Union L
324/11

---

L 324/12
EN
Official Journal of the European Union
22.11.2012

---

EN
22.11.2012 Official
Journal
of
the
European
Union L
324/13
EXPLANATORY NOTES
1. General
1.1. Licences are required for the export of cultural goods to protect the cultural heritage of the Member States pursuant
to Regulation (EC) No 116/2009.
Implementing Regulation (EU) No 1081/2012 sets out the form in which standard export licences are to be drawn
up. It is intended to guarantee standardised checks on the export of cultural goods outside the borders of the Union.
Two other types of export licence are provided for, namely:
— specific open licences, to be issued for specific cultural goods which are liable to be temporarily exported from
the Union on a regular basis for use and/or exhibition in a third country,
— general open licences, to be issued to museums or other institutions to cover the temporary export of any of the
goods that belong to their permanent collections that are liable to be temporarily exported from the Union on a
regular basis for exhibition in a third country.
1.2. The three sheets of the standard export licence form must be completed legibly and indelibly, preferably by mech
anical or electronic means. If they are handwritten, they must be completed in ink and in capital letters. They must
under no circumstances contain erasures, overwritten words or other alterations.
1.3. Any unused box must be lined crossed out so that nothing can be added.
The sheets can be identified by their numbering and function, indicated in the left-hand margin. Their order in the
set is as follows:
— Sheet No 1: application to be kept by the issuing authority (indicate in each Member State the identity of that
authority); in the case of additional lists, as many sheets No 1 as necessary must be used; it is up to the
competent issuing authorities to establish whether more than one export licence should be issued,
— Sheet No 2: to be presented in support of the export declaration at the competent customs office of export and
kept by the licence holder after it has been stamped by that office,
— Sheet No 3: to be presented at the competent customs office of export and to accompany the consignment
thereafter until its arrival at the customs office of exit from the customs territory of the Union; the customs
office of exit stamps this sheet and then returns it to the issuing authority.
2. Headings
Box 1: Applicant: Name of individual or company and full residential address or address of company
headquarters.
Box 2: Export licence: For completion by competent authorities.
Box 3: Consignee: Name and full address of consignee, including the third country to which the good is being
permanently or temporarily exported.
Box 4: Indicate whether export is permanent or temporary.
Box 5: Issuing authority: Name of the competent authority and the Member State issuing the authorisation.
Box 6: Applicant’s representative: To be completed only where the applicant is using an authorised representative.
Box 7: Owner of the object(s): Name and address.
Box 8: Description in terms of Annex I to Regulation (EC) No 116/2009. Category(ies) of cultural good(s): These
goods are classified in categories numbered 1 to 15. Enter only the corresponding number.
Box 9: Description of the cultural good(s): State the exact nature of the good(s) (for example painting, sculpture,
bas-relief, negative matrix or positive copy in the case of films, furniture or objects, musical instruments)
and give an objective description of the appearance of the good(s).
— For category 13 objects: state the type of collection and/or geographical origin.
— For scientific collections and specimens: give the scientific name.
— For archaeological collections composed of a large number of objects: it is enough to give a generic
description, which should be accompanied by an attestation or certificate issued by the scientific or
archaeological body or institution and a list of the objects.

---

L 324/14
EN
Official Journal of the European Union
22.11.2012
If there is not enough room to describe all the objects, the applicant must add any extra pages needed.
Box 10: CN code: As an indicator, state Combined Nomenclature code.
Box 11: Number/quantity: State the number of items, particularly where they form a set.
In the case of films, indicate the number of reels, format and length.
Box 12: Value in national currency: State the value of the good(s) in national currency.
Box 13: Purpose of export of the cultural good(s)/reason for which the licence is requested: State whether the good
to be exported has been sold or is intended to be sold, exhibited, valued, repaired or put to any other use,
and whether its return is compulsory.
Box 14: Title or subject: If the work does not have an exact name, indicate its subject with a summary of the
appearance of the object or, in the case of films, the subject.
For scientific instruments or other objects for which it is not possible to specify a title or subject, it is
sufficient to complete box 9.
Box 15: Measurements: Measurements (in centimetres) of the good(s) and any supports.
In the case of complex or unusual shapes, indicate the measurements in this order: H × L × D (height,
width, depth).
Box 16: Dating: Where no precise date is known, indicate the century and part of the century (first quarter, first
half) or millennium (categories 1 to 7).
For antique goods to which age specifications apply (more than 50 or 100 years old or between 50 and
100 years old), and for which it is not sufficient to indicate the century, specify a year, even if approximate
(for example around 1890, approximately 1950).
For films, if date not known, specify decade.
In the case of sets (archives and libraries), indicate earliest and latest dates.
Box 17: Other characteristics: Give any other information on formal aspects that could be useful for identification,
for example historical antecedents, conditions of execution, former owners, state of preservation and
restoration, bibliography, electronic code or marking.
Box 18: Documents submitted/specific indications relating to identification: Indicate with crosses in the appropriate
squares.
Box 19: Artist, period, workshop and/or style: Give the artist’s name if known and recorded. If the works are
collaborative products or copies, indicate the artists or the artist copied, if known. If the work is only
attributed to a single artist, enter ‘Attributed to […]’.
If the artist is not known, state the workshop, school or style (for example workshop of Velazquez,
Venetian school, Ming period, Louis XV style or Victorian style).
In the case of printed matter, state the name of the publisher, the place and the year of publication.
Box 20: Medium or technique: The information given in this box must be as precise as possible. Indicate the
materials used and specify the technique employed (for example oil painting, woodcuts, charcoal or pencil
drawing, lost wax casting, nitrate film, etc.).
Box 21 (sheet 1): Application: Must be completed by the applicant or his/her representative, who must vouch for
the correctness of the information supplied in the application and supporting documents.
Box 22: Signature and stamp of issuing authority: To be entered by the competent authority, with place and date,
on the three sheets of the licence.
Box 23 (sheets 2 and 3): For completion by customs office of export: To be entered by the customs office where
the export transactions are carried out and the export licence is presented.
‘Customs office of export’ means the office where the export declaration is submitted and export
formalities are carried out.
Box 24: Photograph(s) of the cultural good(s): A colour photograph (at least 9 × 12 cm) must be attached with
glue. To facilitate the identification of three-dimensional objects, photographs may be required of the
different facets.
The competent authority must endorse the photograph with a signature and the stamp of the issuing
authority.

---

EN
22.11.2012 Official
Journal
of
the
European
Union L
324/15
The competent authorities may require other photographs.
Box 25: Supplementary pages: State the number of additional pages used, if any.
Box 26 (sheets 2 and 3): Customs office of exit: To be completed by the customs office of exit.
‘Customs office of exit’ means the last customs office before the goods leave the customs territory of the
Union.

---

L 324/16
EN
Official Journal of the European Union
22.11.2012
ANNEX II
Model of form for specific open licences and sheets thereof

---

EN
22.11.2012 Official
Journal
of
the
European
Union L
324/17

---

L 324/18
EN
Official Journal of the European Union
22.11.2012

---

EN
22.11.2012 Official
Journal
of
the
European
Union L
324/19
ANNEX III
Model of form for general open licences and sheets thereof

---

L 324/20
EN
Official Journal of the European Union
22.11.2012

---

EN
22.11.2012 Official
Journal
of
the
European
Union L
324/21

---

L 324/22
EN
Official Journal of the European Union
22.11.2012
ANNEX IV
Repealed Regulation with list of its successive amendments
Commission Regulation (EEC) No 752/93 (OJ
L
77,
31.3.1993,
p.
24)
Commission Regulation (EC) No 1526/98 (OJ
L
201,
17.7.1998,
p.
47)
Commission Regulation (EC) No 656/2004 (OJ
L
104,
8.4.2004,
p.
50)

---

EN
22.11.2012 Official
Journal
of
the
European
Union L
324/23
ANNEX V
Correlation table
Regulation (EEC) No 752/93 This
Regulation
Article 1(1) introductory phrase Article
1(1)
introductory
phrase
Article 1(1), first, second and third indent Article
1(1)
points
(a),
(b)
and
(c)
Article 1(2) and (3) Article
1(2)
and
(3)
Article 2(1) first sentence Article
2(1)
first
subparagraph
Article 2(1) second sentence Article
2(1)
second
subparagraph
Article 2(2) to (5) Article
2(2)
to
(5)
Article 3(1) and (2) Article
3(1)
and
(2)
Article 3(3) first sentence Article
3(3)
first
subparagraph
Article 3(3) second and third sentence Article
3(3)
second
subparagraph
Article 3(4) introductory words Article
3(4)
introductory
words
Article 3(4) first and second indent Article
3(4)
points
(a)
and
(b)
Article 3(5) first and second sentence Article
3(5)
first
subparagraph
Article 3(5) third sentence Article
3(5)
second
subparagraph
Article 4 Article
4
Article 5 introductory words Article
5
introductory
words
Article 5 first, second and third indent Article
5
points
(a),
(b)
and
(c)
Article 6(1) first sentence Article
6(1)
first
subparagraph
Article 6(1) second sentence Article
6(1)
second
subparagraph
Article 6(2) introductory words Article
6(2)
introductory
words
Article 6(2) first and second indent Article
6(2)
points
(a)
and
(b)
Article 6(3), (4) and (5) Article
6(3),
(4)
and
(5)
Article 7 introductory phrase Article
7
introductory
phrase
Article 7 first and second indent Article
7
points
(a)
and
(b)
Article 8(1) and (2) Article
8(1)
and
(2)
Article 8(3) first sentence Article
8(3)
first
subparagraph
Article 8(3) second sentence Article
8(3)
second
subparagraph
Article 9 Article
9
Articles 10 to 15 Articles
10
to
15
Article 16(1), (2) and (3) Article
16(1),
(2)
and
(3)
Article 16(4) first and second sentence Article
16(4)
first
subparagraph
Article 16(4) third and fourth sentence Article
16(4)
second
subparagraph
Article 16(5) Article
16(5)
Article 16(6) first and second sentence Article
16(6)
first
subparagraph

---

L 324/24
EN
Official Journal of the European Union
22.11.2012
Regulation (EEC) No 752/93 This
Regulation
Article 16(6) third and fourth sentence Article
16(6)
second
subparagraph
Article 16(7) first sentence Article
16(7)
first
subparagraph
Article 16(7) second sentence Article
16(7)
second
subparagraph
Article 16(8) first and second sentence Article
16(8)
first
subparagraph
Article 16(8) third sentence Article
16(8)
second
subparagraph
— Article
17
Article 17 Article
18
Annexes I, II and III Annexes
I,
II
and
III
— Annex
IV
— Annex
V

---

Document Outline

• �

---