Cultural goods – Transfer of goods (intra-EU)
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According to the law of 25 February 2022 on cultural heritage, with regard to the removal of movable cultural goods from Luxembourg territory, a distinction is made between:
- the transfer of a cultural good to a Member State of the European Union (EU) (intra-EU transfer) and
- the export to a third country (outside the EU).
While the free movement of goods, capital, services and people is a fundamental principle of the EU, Member States are authorised to restrict or prohibit the movement of their national treasures. It is in this sense that the Cultural Heritage Act makes the transfer of certain cultural goods subject to the obtention of a transfer certificate or a temporary exit authorisation.
Who is concerned
Anyone who owns one of the following and wishes move it from Luxembourg to another EU Member State:
- any good listed as a national cultural heritage; or
- any cultural good subject to the obligation to obtain a transfer certificate.
Prerequisites
Certain cultural goods are not eligible for a certificate of definitive transfer, namely those:
- that are classified as national cultural heritage;
- for which a classification procedure has been initiated;
- that have been illegally imported.
Cultural goods classified as national cultural heritage may only leave the country on a temporary basis for the purposes of expertise, research, restoration, exhibition or temporary loan.
Cultural goods temporarily located in Luxembourg as a result of their movement within the EU from another Member State are not subject to the requirement of a transfer certificate.
How to proceed
You must apply for:
- a transfer certificate for the permanent transfer of cultural goods that are subject to this obligation (see below) outside Luxembourg;
- a temporary exit authorisation, in the case of cultural goods listed as national cultural heritage.
- Transfer certificate
- Temporary exit authorisation
Cultural goods requiring a transfer certificate
You must obtain a transfer certificate for cultural goods that meet both of the following conditions:
- they fall into one of the categories listed in Article 44 of the Law of 25 February 2022 on cultural heritage;
- they meet the age and value limits defined in Annex I of the Law of 25 February 2022 on cultural heritage.
Application for a transfer certificate
To permanently transfer cultural goods from Luxembourg to another EU country as the owner of the goods, you must submit a request for permanent transfer (see form under 'Online services and forms' – tick the box 'Transfert définitif') to the Minister for Culture.
Before making a decision, the Minister may seek the opinion of the Commission for the circulation of cultural goods.
Supporting documents
You must attach all necessary supporting documents to prove:
- that you are the owner of the good;
- that the good was not imported illegally;
- that no classification procedure has been initiated.
Refusal
In the event of refusal, the Minister will send you a duly reasoned decision, accompanied by the opinion of the Commission for the circulation of cultural goods.
It is not possible to claim compensation for a refusal to issue the certificate.
If no response is received within one month of the request, it is deemed to be refused.
Application for temporary exit authorisation
To temporarily move cultural goods listed as national cultural heritage out of Luxembourg you must, as the owner of such an object, apply for a temporary exit authorisation (see the form under 'Online services and forms' - tick the box 'Sortie temporaire') to the Minister for Culture.
Supporting documents
You must enclose all supporting documents necessary to prove that authorisation was sought for the purposes of:
- expertise;
- research;
- restoration;
- exhibition; or
- temporary loan.
Conditions and validity of a temporary exit authorisation
The Minister's authorisation specifies the period of validity and may lay down conditions to be met to ensure the integrity and return of the cultural object.
In the event of failure to comply with these conditions, the temporary exit authorisation will lapse and the cultural good must be returned immediately by the owner, at their own expense.
Online services and forms
Who to contact
-
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
-
Cultural goods
on the website of Single Window for Logistics Luxembourg
-
Cultural goods
on the website of Single Window for Logistics Luxembourg
Legal references
-
Loi du 25 février 2022
relative au patrimoine culturel
-
Annexe 1 de la loi du 25 février 2022
relative au patrimoine culturel
