31.12. 92 Official Journal of the European Communities No L 395/1 (Acts whose publication. is obligatory) COUNCIL REGULATION (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, : Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Socijal Committee (3), Whereas, in view of the completion of the internal market, rules on trade with third countries are needed for the protection of cultural goods; Whereas, in the light of the conclusions of the Council meeting on 19 November 1990, it seems necessary to take measures in particular to ensure that exports of cultural goods are subject to uniform controls at the Community’s external borders; . Whereas such a system should require the presentation of a licence issued by the competent Member State prior to the export of cultural goods covered by this Regulation; whereas this necessitates a clear definition of the scope of such measures and the procedures for their implementation; whereas the implementation of the system _should be as simple and efficient as possible; whereas a Committee should be set up to assist the Commission in carrying out the responsibilities conferred on it by this Regulation; Whereas, in view of the considerable experience of the Member States’ authorities in the application of Council Regulation (EEC) No 1468/81 of 19 May 1981 on mutual assistance between the administrative authorities (1) OJ No C 53, 28. 2. 1992, p. 8. (2) OJ No C 176, 13. 7. 1992, p. 31. (3 OJ No C 223, 31. 8. 1992, p. 10. of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs or agricultural matters (4), the said Regulation should be applied to this matter; Whereas the Annex to this Regulation is aimed at making clear the categories of cultural goods which should be given particular protection in trade with third countries, but is not intended to prejudice the definition, by Member States, of national treasures within the meaning of Article 36 of the Treaty, HAS ADOPTED THIS REGULATION: Article 1 Without prejudice to Member States’ powers under Article 36 of the Treaty, the term ‘cultural.goods’ shall refer, for the purposes of this Regulation, to the items listed in the Annex. TITLE 1 Export licence Articlek 2 1. The export of cultural goods outside the customs territory of the Community shall be subject to the presentation of an export licence. 2. The export licence shall be issued at the request of the person concerned: — by a competent authority of the Member State in whose territory the cultural object in question was lawfully and definitively located on 1 January 1993, (*) O] No L 144, 2, 6 1981, p. 1. Regulation as amended by Regulation (EEC) No 945/87 (O] No L 90, 2. 4. 1987, p. 3). -