Act No 214 / 2002 Coll.
Law on the export of certain cultural goods from the customs territory of the European Union
Valid
Law
Effective from 01.05.2004
214
THE LAW
of 25 April 2002
on the export of certain cultural goods from the customs territory of the European Union
Parliament has decided on this law of the Czech Republic:
That law lays down further conditions for the export of cultural goods from the customs territory of the European Union (hereinafter referred to as the "customs territory ') referred to in European Union legislation governing the export of cultural goods from the customs territory. 1)
Export authorisation under this Act ("export authorisation ') does not replace the consent, authorisation, certificate or licence issued under specific legislation.2)
(1) The Ministry of Culture and the Ministry of Interior ("Central Authority") is responsible for granting the export authorisation.
(2) A central authority issues an export authorisation of a type of standard authority.3)
An application for an export authorisation under this Act (hereinafter referred to as "the application ') shall be submitted with the consent, authorisation or certificate issued under specific legislation, (4) accompanied, where appropriate, by an application for approval or an application for authorisation on a form issued by the Ministry of Culture.
(1) The central authority shall issue an export authorisation where consent, authorisation or certificate is issued under specific legislation, 4) at the same time as such consent or authorisation, or no later than 10 days after the submission of the application, if a certificate has been issued under specific legislation. 5)
(2) The export authorisation shall be issued for the period specified in the consent, authorisation or certificate under specific legislation.4)
(3) Cultural goods may be exported only within 12 months of the date of issue of the export authorisation.
(1) Where the exporter submits a customs declaration to the competent customs office in respect of the export of a cultural good from the territory of the Czech Republic, by which he proposes to release an article under the customs export or outward processing arrangements, the customs office shall suspect that the exported article is a cultural object exported without an export permit, it shall retain it in accordance with the procedure laid down in the law governing the customs administration of the Czech Republic and shall immediately inform the competent central authority thereof. At the same time, it shall indicate the data needed to assess whether the exported article is a cultural object which can only be exported with a prior export permit.
(2) If the competent central authority is to issue an export authorisation for the subject being detained, it shall, within 15 days of the date of receipt, provide the customs office with information on the retention of the opinions. One copy of the assessment shall also be received by the exporter.
(3) Where the central authority is not competent to issue an export authorisation, it shall immediately inform the authority of the Member State responsible for issuing the export authorisation in writing of the retention of the object.
(4) The exporter shall bear the necessary steps to identify and verify the subject.
(1) A natural, legal or business natural person commits an offence by exporting or exporting a cultural good without an export permit.
(2) The exporter shall commit an offence by failing to accept the necessary actions to identify and verify an article pursuant to Paragraph 6 (4).
(3) The holder of an export authorisation shall commit an offence by not sending back the export authorisation form to the issuing authority within 15 days of the date on which the event relevant for the occurrence of this obligation occurred.
(4) A penalty may be imposed in respect of an offence:
(a) 50 000 CZK if the offence referred to in paragraph 2 is committed;
(b) 100 000 CZK if the offence referred to in paragraph 3 is committed; or
(c) 1 000 000 CZK if the offence referred to in paragraph 1 is committed.
(5) The transfers under this law are discussed by the central authority.
With the exception of Articles 6 (1) and 6 (7), the general rules on administrative procedures shall not apply to the procedure under this law. An appeal against a decision pursuant to Paragraph 6 (1) shall not have suspensory effect.
This Act shall take effect on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Klaus v. r.
Havel v. r.
v Rychetský v. r.
1) Council Regulation (EEC) No 3911 / 92 on the export of cultural goods, as amended by Council Regulation (EC) No 2469 / 96 and Council Regulation (EC) No 947 / 01. Commission Regulation (EEC) No 752 / 93 implementing Council Regulation (EEC) No 3911 / 92, as amended by Commission Regulation (EC) No 1526 / 98.
2) For example, Act No. 20 / 1987 Coll., on State Heritage Care, as amended, Act No. 97 / 1974 Coll., on archiving, as amended, Act No. 122 / 2000 Coll., on the Protection of Collections of Museums and on the Amendment of Certain Other Acts of the Czech National Council, Act No. 71 / 1994 Coll., on the Sale and Exports of Articles of Cultural Value, as amended, Act No. 122 / 2000 Coll., Act No. 38 / 1994 Coll., on the Protection of Foreign Trade in Military Material and on the Addition of Act No. 455 / 1991 Coll., on Trade in Trade and Trade (Trade Act on Trade Act No. 16 / 1997 Coll.
3) Article 3 to 9 of Commission Regulation (EEC) No 752 / 93.
4) § 20 of Act No. 20 / 1987 Coll. § 8 of Act No. 97 / 1974 Coll., as amended by Act No. 343 / 1992 Coll. § 11 of Act No. 122 / 2000 Coll. § 2 of Act No. 71 / 1994 Coll.
5) § 2 of Act No. 71 / 1994 Coll.
6) The last sentence of Article 8 (1) and Article 9 (3) of Commission Regulation (EEC) No 752 / 93 implementing Council Regulation (EEC) No 3911 / 92.
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Regulation Information
| Citation | Act No 214 / 2002 Coll., on the export of certain cultural goods from the customs territory of the European Union |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.05.2002 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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