Cultural goods - export licence
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According to the law of 25 February 2022 on cultural heritage, with regard to the removal of movable cultural assets from Luxembourg territory, a distinction is made between:
- the transfer of a cultural object to a Member State of the European Union (EU) (intra-EU transfer) and
- the export to a third country (outside the EU).
At Community level, the export of cultural goods undergoes uniform controls at the EU's external borders.
When the value and age of cultural goods exceed certain limits, the temporary or permanent export of said goods becomes subject to an export licence issued by the competent authority in the Member State in which the cultural goods are lawfully and definitively located.
Who is concerned
Any economic operator (natural or legal person) must apply for an export licence to export cultural goods outside the EU (temporarily or permanently) if the goods:
- are listed in Annex I to Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods; and
- have the status of Community goods in free circulation.
Competent authority
In Luxembourg, the competent authority is the Ministry of Culture.
You must apply for the export licence to the competent authority in the Member State:
- on whose territory the cultural good was lawfully and definitively located on 1 January 1993; or
- after this date, in the Member State on whose territory the good is located following:
- either lawful and definitive dispatch from another Member State;
- or import from a third country; or
- re-import from a third country after lawful dispatch from a Member State to said third country.
Goods subject to an export licence
You can consult the table of goods subject to an export licence (French, Word, 19 Kb).
Prerequisites
Member States can refuse to grant an EU export licence if the goods are protected by the legislation on national treasures possessing artistic, historic or archaeological value.
In Luxembourg, the definitive export of cultural goods classified as national cultural heritage is prohibited.
How to proceed
Licence types
You can obtain:
- a normal licence for the export of cultural goods;
- a specific open licence for the regular and temporary export of a specific cultural good for exhibition in a third country provided the person or organisation exhibiting or using the good is:
- the legal owner or holder of the object; and
- offering the necessary guarantees for the good to be returned in good condition to the European Union and that there will no doubt that the good is that described in the licence;
- a general open licence for the temporary export of cultural goods belonging to the permanent collection of a museum or any other institution for exhibition in a third country provided the institution offers all the necessary guarantees for the good to be returned in good condition to the European Union.
- Standard licence
- Open licences
Application for a standard licence
A standard licence can be used for the export of cultural goods.
As the exporter, you must submit apply for a licence to export cultural goods (see ‘Online services and forms’) to the Ministry of Culture.
You must also enclose with your application:
- documents, such as supporting documents (invoice, expert's report, etc.), providing all necessary information on the cultural good and its legal situation at the time of the application;
- a photo or if possible, several photos, duly authenticated, in black and white or colour, of the cultural good concerned (minimum size: 8 cm x 12 cm).
You can complete your application in French, German or English. For any other language, the Ministry may request a translation.
The Ministry may, where needed, request the physical presentation of the cultural good to be exported.
Using a standard licence
The Ministry of Culture issues a separate licence for each dispatch of cultural goods and, where necessary, several licences for a single dispatch containing several cultural goods.
After processing your application, the Ministry keeps the original application (copy no. 1) and returns 2 other copies to you:
- copy no. 2 is for you;
- copy no. 3 is sent back to the Ministry of Culture after the good has been exported.
You must present both copies (no. 2 and no. 3) to the competent customs office together with the export declaration (definitive or temporary) or, where required, together with the ATA carnet. The export customs office returns the duly completed copy no. 2 to you.
A reference to the licence (European document code E012 followed by the licence number) must be entered in the box 'supporting documents' on the export declaration or on the ATA carnet.
Copy no. 3 must accompany the goods until the customs office at the external borders of the EU who will send it back to the Ministry of Culture.
Validity of the standard licence
The standard export licence is valid for 12 months at the most from the date of issue.
In the case of temporary exports, the licence may indicate the deadline by which the cultural good must be re-imported into Luxembourg.
Whenever an export licence has expired or not been used, the holder must immediately send back all copies in their possession to the Ministry of Culture.
Specific open licence
Application for a specific open licence
Specific open licences cover the regular and temporary export of specific cultural goods used or presented during exhibitions in third countries.
You must submit an application for a specific open licence (see 'Online services and forms') to the Ministry of Culture.
You must also enclose with your application:
- documents, such as supporting documents (invoice, expert's report, etc.), providing all necessary information on the cultural good and its legal situation at the time of the application;
- a photo or if possible, several photos, duly authenticated, in black and white or colour, of the cultural good concerned (minimum size: 8 cm x 12 cm).
Using a specific open licence
After processing your application, the Ministry will issue you a specific open licence.
You must present the licence to the competent customs office together with the temporary export declaration.
A reference to the licence (European document code E012 followed by the licence number) must be entered in the box 'supporting documents' on the export declaration.
The licence must accompany the goods until the customs office at the external borders of the EU who returns the licence to you for use on a subsequent occasion.
Validity of the specific open licence
The specific open licence is valid for 5 years at the most from the date of issue.
EU Member States may revoke the licence at any time if the conditions under which it was issued are no longer met. If a Member State has not recovered the licence and to prevent any irregular use, it will inform the Commission who immediately informs the other Member States.
General open licence
Application for a general open licence
A general open licence covers every temporary export of cultural goods belonging to the permanent collection of a museum or other institution.
You must submit an application for a general open licence (see 'Online services and forms') to the Ministry of Culture.
You must also enclose with your application:
- documents, such as supporting documents (invoice, expert's report, etc.), providing all necessary information on the cultural good and its legal situation at the time of the application;
- a photo or if possible, several photos, duly authenticated, in black and white or colour, of the cultural good concerned (minimum size: 8 cm x 12 cm).
Using a general open licence
After processing your application, the Ministry will issue you a general open licence.
You must present the licence to the competent customs office together with the temporary export declaration.
The licence must be presented together with a list of exported goods drawn up on letterheaded paper of the institution concerned.
Each page of this list must be:
- signed by a person from the institution and who must be named on the licence; and
- stamped with the stamp of the institution as placed on the licence.
A reference to the licence (European document code E012 followed by the licence number) must be entered in the box 'supporting documents' on the export declaration.
The licence must accompany the goods until the customs office at the external borders of the EU who returns the licence to you for use on a subsequent occasion.
Validity of the general open licence
The general open licence is valid for 5 years at the most from the date of issue.
Online services and forms
Who to contact
For all questions relating to the export declaration:
-
Ministry of the Economy Office for Export, Import and Transit Control (OCEIT)
- Address:
- Bâtiment "Mansfeld", 9, rue du Palais de Justice L-1841 Luxembourg Luxembourg
- Email address:
- oceit@mae.etat.lu
For all questions regarding export licences:
-
Ministry of Culture Service for heritage management and public awareness
- Address:
- 4, boulevard Roosevelt L-2450 Luxembourg
- Phone:
- (+352) 247 86 600
- Email address:
- patrimoine-mobilier@mc.etat.lu
- Website:
- https://mc.gouvernement.lu/fr.html
Related procedures and links
Procedures
Links
Further information
Legal references
-
Règlement (CE) n° 116/2009 du Conseil du 18 décembre 2008
concernant l'exportation de biens culturels
-
Règlement délégué (UE) n° 2015/2446 de la Commission du 28 juillet 2015
complétant le règlement (UE) no 952/2013 du Parlement européen et du Conseil au sujet des modalités de certaines dispositions du code des douanes de l’Union
-
Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015
laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code
-
Loi du 25 février 2022
relative au patrimoine culturel
