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

From National Registry of Administrative Public Services



2dccaa66-f2bb-42b0-bc47-9a2d9aa71734 600145 Διασυνοριακή Παροχή Υπηρεσιών για τη Δραστηριότητα της Διεξαγωγής Δημοπρασιών Νεοτέρων Κινητών Μνημείων

At a glance

Points of service

Points of Single Contact (ΚΕΠ – EKE), MINISTRY OF CULTURE

Digital provision points

Remote Points of service

Number of required documents

7 to 8

Fees

Provided without cost

Deadline of completion

2 months

Description

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

Basic information

Competent body

MINISTRY OF CULTURE

Authority/Public body’s Unit responsible for the institutional framework of the procedure

,


Provided to

Related links

Validity duration

1 year

Application

Application Type

Application

Submission by:

Submitted by the applicant (in person or by post)

Submitted by:

Legal entities, Persons

Title

An application indicating the venue and the scheduled date of the auction.


What you will need

Means of authentication, identification and signature

Identification document

    Print

    Requirements

      Fees

        Related


        Means of redress or appeal:

        Other Administrative appeal/ Objection


        NACE

        • 47.79 Retail sale of second-hand goods in stores

        Output & Results

        Output

        Document Production

        Steps

          Digital steps

            Other information

            Official title

            Cross-border Provision of Services for the Activity of Auctioning of Recent Mobile Monuments

            Languages supported

            English

            Ways of provision

            Cross-border

            Legislation

              Categories

              Τype of procedure

              Trigger

              Applied for

              Trigger (submission method)

              Application (handwritten)

              Type

              Outgoing
              N2

              ,,


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


              No No

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


              No No

            • 3 Time limit 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.


              No No

            • 4 Building 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.


              No No

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


              No No

            • 6 Administrative 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.


              No No

            • 7 Prior Service 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.


              No No

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


              No No

            • 9 Professional 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.


              No No

            • 10 Building 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.


              No No

            • 11 Conditions for non-commission of criminal offenses 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.


              No No

            • 12 Administrative 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.


              No No

            • 1 Descriptive list of mobile monuments to be auctioned Table/Statement/Catalogue

              Descriptive list of mobile monuments to be auctioned

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Legal entities, Persons


              Document submitted under requirements: No


              No 8689

            • 2 Photographic catalogue of mobile monuments to be auctioned Photograph

              Photographic catalogue of mobile monuments to be auctioned

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Legal entities, Persons


              Document submitted under requirements: No


              No 8298

            • 3 Detailed reference to the provenance of the objects Table/Statement/Catalogue

              Detailed reference to the provenance of the objects

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Legal entities, Persons


              Document submitted under requirements: No


              No 8689

            • 4 The details of the auction organisation principal. Other

              The details of the auction organisation principal.

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Legal entities, Persons


              Document submitted under requirements: No


              No 7475

            • 5 The details of the authorisation to possess the monument. Permit

              The details of the authorisation to possess the monument.

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Legal entities, Persons


              Document submitted under requirements: No


              No 4627

            • 6 Contract of order - command of the principal or owner of the mobile monuments to be auctioned Private Agreement

              Contract of order - command of the principal or owner of the mobile monuments to be auctioned

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Legal entities, Persons

              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.

              Document submitted under requirements: No


              No 8972

            • 7 A 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

              A 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.

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Legal entities, Persons

              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.

              Document submitted under requirements: No


              No 4441

            • 8 A document proving that they have experienced and qualified staff. Certificate of previous service

              A document proving that they have experienced and qualified staff.

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Legal entities, Persons

              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.

              Document submitted under requirements: Yes

              Document’s requirement: Professional

              No 1244

            • Law 3028 2002 153 Α

              Description The law provides for provisions for the protection of Antiquities and the Cultural Heritage in general.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=20020100153

            • Ministerial Decision 34674 2008 699 Β

              Description The Ministerial Decision provides provisions for the conduct of auctions of mobile monuments (ΥΠΠΟ/ ΔΟΕΠΥ/ΤΟΠΥΝΣ/34674/11-4-2008).

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=20080200699

            • Ministerial Decision 31101/586 2011 553 Β

              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 https://www.et.gr/api/DownloadFeksApi/?fek pdf=20110200553

            • Law 3919 2011 32 Α

              Description Principle of professional freedom, abolition of unjustified restrictions on access to and exercise of professions.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=20110100032

            • Circular 14539/68 2012

              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.


            • Law Υποπαράγραφος Ε7 4152 2013 107 Α

              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 https://www.et.gr/api/DownloadFeksApi/?fek pdf=20130100107

            • Joint Ministerial Decision ΥΠΠΟΤ/ΔΙΝΕΠΟΚ/Β΄/96222/1740 2011 2405 Β
            • 1 Receipt of an application and supporting documentation

              Responsible for Implementation Competent Department

              Μethod of Implementation Manual Action

              Description Submission by the interested party of the completed standard application form and the relevant documents to the Department of Documentation and Protection of Recent Mobile Monuments, or to a regional office of the Ministry of Culture, or to the KEP - EPE.

              Notes Responsible for processing: A competent employee of the Department of Documentation and Protection of Recent Mobile Monuments, or a regional service of the Ministry of Culture and Tourism, or the KEP - EPE.

              No No


            • 2 Registration of the application

              Responsible for Implementation Competent Employee

              Μethod of Implementation Inspection

              Description Registration of the application and verification by the receptionist of the completeness of the supporting documents.

              No No


            • 3 Checking the correctness of supporting documents and carrying out autopsy

              Responsible for Implementation Competent Employee

              Μethod of Implementation Manual Action

              Description Checking the correctness of the supporting documents by the competent official of the Department of Documentation and Protection of Recent Mobile Monuments, conducting an autopsy at the site where the auction will take place, examining, photographing and recording the Mobile monument and drawing up a report.

              No No


            • 4 Preparation of a recommendation by the Directorate

              Responsible for Implementation Competent Directorate

              Μethod of Implementation Manual Action

              Description Preparation of a recommendation by the DINEPOC and referral to the Central Council of Modern Monuments (CCMM).

              No No


            • 5 Examination of the recommendation by the CCMM

              Responsible for Implementation Collective body

              Μethod of Implementation Inspection

              Description Examination of the issue at a meeting of the CCMM, issuance of an opinion by the Council Secretariat.

              No No


            • 6 Signature of the Decision and notification to the interested party

              Responsible for Implementation Competent Employee

              Μethod of Implementation Manual Action

              Description Signature of the Decision by the hierarchy of the Ministry of Culture and Tourism and notification to the person concerned.

              No Yes



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