European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

Member States may define their national treasures and take the measures necessary in order to ensure protection in the internal market. National treasures shall mean those which possess artistic, historic or archaeological value. The rule is strictly interpreted: the protection of cultural diversity in general does not come under the protection of national treasures within the meaning of Article 3 …

National treasures possessing artistic, historic or archaeological value

Member States may define their national treasures and take the measures necessary in order to ensure protection in the internal market. National treasures shall mean those which possess artistic, historic or archaeological value. The rule is strictly interpreted: the protection of cultural diversity in general does not come under the protection of national treasures within the meaning of Article 36 TFEU .

A uniform control on the export of cultural goods at the Union's external borders was put in place by Regulation No 116/2009 and its implementing regulation . This applies not only to national treasures defined by Member States, but also to various categories of cultural objects .

In order to curb the unlawful trafficking of works of art, the preventive control on exports was supplemented by Directive No 2014/60 , which provides for the return of cultural objects unlawfully removed from the territory of a Member State. The concept of cultural object means an object which is classified among the national treasures possessing artistic, historic or archaeological value, either before or after its unlawful removal from the territory, a cultural object within the meaning of Regulation No 116/2009 or an object which forms an integral part of public collections listed in the inventories of museums, archives, libraries' conservation collection or the inventories of ecclesiastical institutions. The time-limit for bringing return proceedings is thirty years, increased to seventy-five years for public collections and ecclesiastical goods, and even longer if the national legislation or bilateral agreements between Member States so provide .

Case C-531/07 Fachverband der Buch v LIBRO Handelsgesellschaft [2009] ECR I-3717, LawLex200900002356JBJ, application for protection of books as cultural objects.

Regulation No 116/2009 of 18 December 2008, on the export of cultural goods, repealing and replacing Regulation No 3911/92 of 9 December 1992. See also Implementing Regulation No 1081/2012 of 9 November 2012, OJEU L 324/1 of 22 November 2012

In particular, certain archaeological objects more than 100 years old, pictures and paintings executed entirely by hand, on any medium and in any material, mosaics, original engravings, prints, serigraphs and lithographs with their respective plates and original posters, original sculptures or statuary and copies produced by the same process as the original, photographs, films and negatives thereof, incunabula and manuscripts, including maps and musical scores, singly or in collections, books more than 100 years old, singly or in collections, printed maps more than 200 years old, archives, and any elements thereof, of any kind or any medium which are more than 50 years old, collections and specimens from zoological, botanical, mineralogical or anatomical collections or of historical, paleontological, ethnographic or numismatic interest, means of transport more than 75 years old, or any other antique items.

Directive No 2014/60 of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State, repealing and replacing Directive No 93/7 of 15 March 1993.

European Business Law

52. National treasures possessing artistic, historic or archaeological value

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52. National treasures possessing artistic, historic or archaeological value

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise