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Cross-border Provision of Services for the Activity of Auctions of recent Mobile Monuments

Basic information

Institutional Body

MINISTRY OF CULTURE

Description

This concerns the cross-border provision of services for the auctioning of recent mobile monuments.

At a glance

Points of ServicePoints of Single Contact (ΚΕΠ – EKE), MINISTRY OF CULTURE
Number of Documents0
CostProvided without cost
Deadline of Implementation2 months
Process Diagram

Conditions

For the organisation of auctions of mobile monuments, a licence is required from the competent service of the Ministry of Culture.

The licence is issued for a specific list of monuments to be auctioned.

Entities that may conduct auctions may be dealers in recent mobile monuments legally established in another EU Member State.

Where the organisation of auctions of recent mobile monuments is carried out by natural or legal persons, a special licence issued by the Service is also required, which is personal and non-transferable.

In the case of an auction conducted by a legal person, the following shall be specified: An auction manager, who is required to have the following formal and substantive qualifications: i) a degree or diploma from any HEI in Greece or equivalent schools abroad, preferably from the Department of History and Archaeology or the Department of Media and Cultural Communication; or ii) at least two years of employment in a company organising auctions of cultural goods.

The application for the holding of an auction is submitted to the competent department of the Ministry of Culture at least two (2) months before the holding of the auction.

The place where the auction is to be held (a recent mobile monuments shop or an area outside the shop) must comply with all the rules of good maintenance and security, must have an alarm system and be adequately guarded.

Where the organisation of auctions of recent mobile monuments is carried out by natural or legal persons, they are required to have an appropriate shop and storage area located in cities where the services of the Ministry of Culture responsible for the protection of mobile cultural heritage monuments to be auctioned are located.

Where the organisation of auctions of recent mobile monuments is carried out by natural or legal persons, they must also have relevant professional experience, proven in particular by at least two years experience in the field of auctions of works of art.

Where the organisation of auctions of recent mobile monuments is carried out by natural or legal persons, they must have experienced and qualified staff.

Where the organisation of auctions of recent mobile monuments is carried out by natural or legal persons, they are required to follow codes of conduct that are in line with the legislation in force and with international practices in the auctioning of ancient and recent mobile monuments.

Where the organisation of auctions of recent mobile monuments is carried out by natural or legal persons, they are required to provide guarantees for the fulfilment of the obligations of the auction organiser. Such guarantees shall not be provided by the applicant, in particular if the applicant has been irrevocably convicted of a felony or a breach of the legislation on the protection of cultural heritage or of forgery, bribery, theft, embezzlement or receiving the proceeds of crime. The disqualification shall apply for as long as the criminal prosecution for one of the above acts is pending. The application may be rejected if a suspension of the execution of the sentence imposed for one of the above acts has been ordered or if the prosecution for one of these acts has been definitively terminated due to the statute of limitations. If the applicant is a legal person, the impediment must not apply to the directors or members of their management bodies.

What you will need

Identification and signature verification means
Identification document
  • An application indicating the venue and the scheduled date of the auction.
    Filed by
    Submitted by the applicant (in person or by post)
    Applicant status
    Legal entities, Persons
Cross-border Provision of Services for the Activity of Auctions of recent Mobile Monuments
What you will need
1Descriptive list of mobile monuments to be auctionedTable / Statement / Catalogue
Filed by
Submitted by the applicant (in person or by post)
Applicant status
Legal entitiesPersons
2Photographic catalogue of mobile monuments to be auctionedItem photo
Filed by
Submitted by the applicant (in person or by post)
Applicant status
Legal entitiesPersons
3Detailed reference to the provenance of the objectsTable / Statement / Catalogue
Filed by
Submitted by the applicant (in person or by post)
Applicant status
Legal entitiesPersons
4The details of the auction organisation principal.Identification document
Filed by
Submitted by the applicant (in person or by post)
Applicant status
Legal entitiesPersons
5The details of the authorisation to possess the monument.License to occupy / own
Filed by
Submitted by the applicant (in person or by post)
Applicant status
Legal entitiesPersons
6Contract of order - command of the principal or owner of the mobile monuments to be auctionedPrivate Agreement
Filed by
Submitted by the applicant (in person or by post)
Applicant status
Legal entitiesPersons
Notes
The contract of order-command includes a) A clause for the application of Greek law, as well as a special reference to the provisions of par. 5 and 6 of Article 28 of Law No. 3028/2002 b) The full details of both the auction organizer and the principal - seller, as well as their addresses c) The objects to be auctioned with an exact description of them d) The selling price, if any, set by the principal - seller e) The place and time of the auction f) The way and time of transportation of the mobile monument from and to the auction site g) The method of payment after the award to the highest bidder.
7A certificate issued by the competent authority of the Member State of establishment that the provider is legally established in that Member State and is lawfully practising the professional activity in question and that he is not prohibited, even temporarily, from pursuing that activity at the time the certificate is issued or, where no such certificate is provided for by the Member State of establishment, by submitting documents proving that the interested parties have been engaged in the auctioning of recent mobile monuments for at least two years.Proof of Previous Service
Filed by
Submitted by the applicant (in person or by post)
Applicant status
Legal entitiesPersons
Notes
Where the organisation of auctions of recent mobile monuments is not carried out by recent mobile monuments dealers, the presentation of this document shall be required for the issue of a personal and non-transferable licence.
8A document proving that they have experienced and qualified staff.Certificate of previous service
Filed by
Submitted by the applicant (in person or by post)
Applicant status
Legal entitiesPersons
Notes
Where the organisation of auctions of recent mobile monuments is not carried out by recent mobile monuments dealers, the presentation of this document shall be required for the issue of a personal and non-transferable licence.

Online request

Submit a new application for the selected procedure.

Legislation

  • Description
    The law provides for provisions for the protection of Antiquities and the Cultural Heritage in general.
    Legal references
  • Description
    The Ministerial Decision provides provisions for the conduct of auctions of mobile monuments (ΥΠΠΟ/ ΔΟΕΠΥ/ΤΟΠΥΝΣ/34674/11-4-2008).
    Legal references
  • Description
    Handling of the administrative procedure for the licensing of auctions of recent mobile monuments through the Single Service Centres (ΥΠΠΟΤ/ΔΙΝΕΠΟΚ/31101/586/16-3-2011).
    Legal references
  • Description
    Principle of professional freedom, abolition of unjustified restrictions on access to and exercise of professions.
    Legal references
  • Description
    In accordance with Circular No. ΥΠΠΟΤ/ΔΕΕ/Φ22/14539/68/17/2/2012 circular of the Deputy Minister of Culture & Tourism "Implementation of Law 3919/2011 (Government Gazette A32)" (ΑΔΑ ΒΟΖΑΓ-ΤΣ3) the auction license is replaced by an announcement / confirmation of the auction, which must be issued within three (3) months.
  • Description
    Emergency measures for the implementation of Laws 4046/2012, 4093/2012 and 4127/2013, Subparagraph E7: "Professional activities under the responsibility of the Ministry of Education and Religious Affairs, Culture and Sports (Culture Sector)", para. 1 and 4 (maintaining restrictions for imperative reasons of public interest).
    Legal references
  • Legal references

About

Process code
600145
NACE code
47.79
Description of NACE code
Retail sale of second-hand goods in stores
Legal means of protection or appeal
Other Administrative appeal/ Objection

Other Information

Languages supported
English

ID: 600145

Name: Cross-border Provision of Services for the Activity of Auctions of recent Mobile Monuments