Advanced Search

Decree Of December 30, 2004 Relating To The Terms Of The Authorization Of Temporary Or Permanent Export Of Cultural Property And The Authorization Of Temporary Export Of National Treasures

Original Language Title: Arrêté du 30 décembre 2004 relatif aux modalités de délivrance de l'autorisation d'exportation temporaire ou définitive de biens culturels et de l'autorisation d'exportation temporaire de trésors nationaux

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Text information




JORF No. 4 of 6 January 2005 Page 281
Text No. 16


ARRETE
Decree of 30 December 2004 concerning the procedures for the issue of temporary or permanent export of cultural property and of the temporary export of treasures National

NOR: MCCF0401008A ELI: Not available


The Minister of Culture and Communication,
In view of Council Regulation (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods, as amended by the Regulation (EC) 2469/96 of the Council of 16 December 1996, by Council Regulation (EC) No 974-2001 of 14 May 2001 and by Council Regulation (EC) No 806/2003 of 14 April 2003;
Having regard to Commission Regulation (EEC) No 752/93 of 30 March 1993 on the Implementing provisions of Council Regulation (EEC) No 3911/92 of 9 December 1992, as amended by Commission Regulation (EC) No 1526/98 of 16 July 1998, as amended by Regulation (EC) No 656/2004 rectified by the Commission of 7 April 2004 ;
Given the heritage code, in particular Articles L. 111-1 to L. 111-7;
In view of Decree No. 93-124 of 29 January 1993 on cultural property subject to certain traffic restrictions;
In view of Decree No. 97-1200 of 19 December 1997 amended to apply to the Ministry responsible for Culture and Communication of 1 ° of Article 2 of Decree No. 97-34 of 15 January 1997 concerning the deconcentration of individual administrative decisions;
Given Decree No. 2004-709 of 16 July 2004 amending Decree No. 93-124 of 29 January 1993 on cultural property subject to certain restrictions of movement, in particular Article 10;
Having regard to the amended Order of 9 February 1994 fixing the list and the Customs office and indirect authority skills,
Stop:

Item 1
Application for temporary or final export outside the customs territory of the European Community of cultural property mentioned in Article 12 of the abovementioned Decree of 29 January 1993 and the application Temporary export of the national treasures referred to in Article 12-1 of the same Decree shall be established by means of a form in triplicate, " European Community-Cultural Property Bearing the CERFA number 11033 * 03 in accordance with the Model provided for in Regulation (EEC) No 3911/92 referred to above referred to " Basic regulation " And set up by Regulation (EEC) No 752/93 as amended referred to above " Regulation of application ".
The export authorisation shall be issued in accordance with Regulation (EEC) No 3911/92 and used in accordance with the procedures laid down by Community Regulation No 752/93.
The use of the export authorisation shall in no way affect the obligations concerning customs formalities Exports or those relating to related documents.

Item 2 Read more about this Article ...


An application for an authorisation to export cultural goods may contain several goods only if they belong to the same category of cultural property set out in Regulation (EEC) No 3911/92, if they have The same destination and whether the nature of the export, whether final or temporary, is the same.

Article 3 Learn more about this Article ...


The direction of the museums of France, the direction of the book and the reading, the direction of the archives of France and the direction of architecture and heritage are competent to receive the applications and Issuing the authorisations referred to in Article 1, according to the categories provided for in Regulation (EEC) No 3911/92 and their fields of competence for the issue of export certificates and temporary exit authorisations for Cultural property, pursuant to the aforementioned decree of 29 January 1993.

Article 4 Learn more about this Article ...


The three copies of the export authorization form are used as follows:
The copy bearing the application number 1 is retained by the department of the Ministry of Culture and The competent communication referred to in Article 3 which issues the export authorisation;
The two other copies shall be submitted by the issuing authority to the applicant who becomes the holder of the authorisation:
-one, bearing the Number 2, is retained by the holder, after visa of the export office;
-the other, bearing the number 3, is intended to be presented by the holder or his authorised representative in support of the customs declaration of export, at the time of The completion of the customs formalities for export to the customs office competent for the acceptance of that declaration provided for in the decree of 9 February 1994, as amended, in accordance with Article 12-2 of the Decree of 29 January 1993
At the time of leaving the goods outside the customs territory of the European Community, the customs office requested shall return that copy number 3 to the issuing service of the Ministry of Culture and Communication.

Article 5 Learn more about this Item ...


The export authorization form is issued:
-for cultural objects that do not have the national treasure character, upon presentation of the export certificate or exit authorization Article L. 111-2 of the Heritage Code;
-for national treasures, on presentation of the temporary exit authorisation referred to in Article L. 111-7 of the Heritage
. The culture and communication may, with a view to the granting of the export authorisation, require the physical presentation of the cultural property (s) to be exported.
The costs of applying the formalities laid down in this Order is the responsibility of the export authorization applicant.

Item 6 Learn more about this Article ...


The director of the archives of France, the director of the museums of France, the director of architecture and heritage and the director of the book and reading are responsible, each as far as it is concerned, of The execution of this Order, which shall be published in the Official Journal of the French Republic.


Done at Paris, December 30, 2004.


Renaud Donnedieu de Vabres


Download the document in RTF (weight < 1MB) Facsimile (format: pdf, weight < 3.5 MB)