23 Amendments of Marc JOULAUD related to 2017/0158(COD)
Amendment 47 #
Proposal for a regulation
Recital 8
Recital 8
(8) In order not to impede trade with goods across the external border disproportionately, this Regulation should only apply to goods meeting a certain age and value limit. For that purpose, it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods. That minimum age threshold will ensure that the measures provided for in this Regulation focus on cultural goods most likely to be targeted by looters in conflict areas, without excluding other goods the control of which is necessary for ensuring protection of cultural heritage and a financial threshold for certain categories of cultural goods as stated in the Annex. Certain categories of cultural goods should not be subject to a financial threshold since they require a reinforced protection due to their higher risk of pillage, loss or destruction. The minimum age threshold will ensure that the measures provided for in this Regulation focus on cultural goods most likely to be targeted by looters in conflict areas, without excluding other goods the control of which is necessary for ensuring protection of cultural heritage. The minimum financial threshold for certain categories of cultural goods is the value established for most of the categories contained in the Annex of the Regulation (EC) no 116/2009 on the export of cultural goods, which is in line with the objective of the proposal and will minimise the burden on the art market operators.
Amendment 54 #
Proposal for a regulation
Recital 10
Recital 10
(10) Since certain categories of cultural goods, namely archaeological objects, elements of monuments, rare manuscripts and incunabula are particularly vulnerable to pillage and destruction, it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the Union. Such a system should require the presentation of a licence issued by the competent authority of the Member State of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit when the goods come from countries designated by a United Nations Security Council Resolution laying down restrictive measures applied to cultural goods, or by a similar measure adopted by the Union in accordance with the procedures set out in Article 215 of the Treaty on the Functioning of the European Union. Persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence, in particular, export certificates or licences issued by the third country of export, ownership titles, invoices, sales contracts, insurance documents, transport documents and experts appraisals. Based on complete and accurate applications, the competent authorities of the Member States should decide whether to issue a licence without undue delay.
Amendment 60 #
Proposal for a regulation
Recital 11
Recital 11
(11) For other categories of cultural goods, the persons seeking to introduce them into the customs territory of the Union should, by means of an electronic statement, certify and assume responsibility for their lawful export from the third country and should provide sufficient information for those goods to be identified by customs. In order to facilitate the procedure and for reasons of legal certainty, the information about the cultural good should be provided using an electronic standardised document. The Object ID standard, recommended by UNESCO, should be used to describe the cultural goods. Customs should register the entry of those cultural goods, keep the originals and give a copy of the relevant documents to the declaraThose cultural goods should be electronically registered and the declarant should be provided with a copy of the relevant submitted document,s in order to ensure traceability after the goods enter the internal market.
Amendment 64 #
Proposal for a regulation
Recital 12
Recital 12
(12) Temporary admission of cultural goods for educational, scientific, restoration or academic research purposes or within a cooperation between museums or similar public non-profit institutions should not be subject to the presentation of a licence or of a statement.
Amendment 67 #
Proposal for a regulation
Recital 12
Recital 12
(12) Temporary admission of cultural goods for educational, scientific or academic research purposes or for the purpose of cooperation between non- profit museums or public institutions should not be subject to the presentation of a licence or of a statement.
Amendment 73 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Cultural goods to be presented at commercial fairs and international art fairs should not be subject to the presentation of an import licence.
Amendment 76 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to take account of experience with the implementation of this Regulation and of changing geopolitical and other circumstances which place cultural goods at risk, while not impeding trade with third countries disproportionally, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of modifications to the minimum age and financial threshold criterion for the different categories of cultural goods. That delegation should also allow the Commission to update the Annex following amendments to the Combined Nomenclature. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201627 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 27 OJ L 123, 12.5.2016, p. 1.
Amendment 77 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the Union, thewhich should be done while guaranteeing adequate conservation conditions, having due regard to the specific nature of the goods. Those modalities should also apply to the electronic standardised templates for import licence applications and forms, as well as for electronic importer statements and their accompanying documents, as well as to further procedural rules on their electronic submission and processing. Implementing powers should also be conferred on the Commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between Member States. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council28 . __________________ 28 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 90 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘cultural goods’ means any object which is of importance for archaeology, prehistory, history, literature, art or science and which belongs to the categories listed in the table in Annex and meets the minimum age threshold specified thereinlisted in the Annex to Regulation (EC) No 116/2009 of 18 December 2008;
Amendment 94 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) 'cultural goods' means any object which is of importance for archaeology, prehistory, history, literature, art or science and which belongs to the categories listed in the table in Annex and meets the minimum age and financial threshold specified therein;
Amendment 102 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) 'export country' means the last country in which the cultural goods were permanently held in accordance with that country's laws and regulations before their dispatch to the Union;
Amendment 105 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
Amendment 111 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 12 in order to amend the second column of the table in the Annex following amendments in the Combined Nomenclature and to amecategories of cultural goods and the minimum age threshold in the third column of the table in the Annex, in the light of experience gathe red duringsults of the implementation of this Regulation.
Amendment 113 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 12 in order to amend the second column of the table in the Annex following amendments in the Combined Nomenclature and to amend the minimum age thresholand fin the third column of the tableancial threshold in the Annex, in the light of experience gathered during the implementation of this Regulation.
Amendment 114 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. The Commission is empowered to adopt delegated acts in accordance with Article 12 in order to modify the categories of goods that are subject to the presentation of an import licence or the submission of an importer statement to the customs authorities of the first Member State of entry, in the light of the experience gathered during the implementation of this Regulation.
Amendment 126 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the temporary admission, within the meaning of Article 250 of Regulation (EU) No 952/2013, in the customs territory of the Union of cultural goods for educational, scientific, restoration and academic research purposes and within a cooperation between museums or similar public non-profit institutions organizing cultural exhibitions;
Amendment 127 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the temporary admission, within the meaning of Article 250 of Regulation (EU) No 952/2013, in the customs territory of the Union of cultural goods for educational, scientific and academic research purposes, and for the purpose of cooperation between museums or public non-profit institutions for the organisation of exhibitions;
Amendment 136 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Temporary admissions, within the meaning of Article 250 of Regulation (EU) No 952/2013, in the customs territory of the Union of cultural goods presented at commercial fairs and international art fairs should be permitted provided an importer statement is submitted in accordance with Article 5.
Amendment 139 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The release for free circulation and the placing under a special procedure otimport into the Union of the cultural goods referred to in the Annex shall be subject to an import licence where than transit in the Union of the cultural goods referred to in points (c), (d) and (h) of the Annex shall be subject toose goods come from countries designated by a United Nations Security Council Resolution laying down restrictive measures applied to cultural goods, or by a similar measure adopted by the Union in accordance with the procedure set out in Article 215 of the pTresentaaty on the Functioning of an import licence to the customs authorities. the European Union, except for transit.
Amendment 169 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. In the event of rejection of the application, the administrative decision referred to in paragraph 4 shall be accompanied by a statement of reasons including information on the appeal procedure which is communicated to the applicant affected at the time it is issued.
Amendment 176 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The release for free circulation and the placing under a special procedure other than transit in the Union of the cultural goods referred to in points (a), (b), (e), (f), (g), (i), (j), (k) and (l) of the Anneximport of the cultural goods referred to in the Annex which are not covered by Article 4 shall be subject to the submission of an importer statement to the customs authorities of the Member State of entry.
Amendment 190 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
In cases where the source country of the cultural goods cannot be reliably determined, the importer statement shall contain a declaration signed by the holder of the goods stating that the cultural goods were exported from the export country in accordance with its laws and regulations.
Amendment 206 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. In case of retention of the cultural goods, adequate conservation conditions shall be guaranteed in accordance with the conditions and responsibilities for the temporary storage of goods as stated in Article 147 of Regulation (EU) No 952/2013, having due regard to the specific nature of the goods.