Activities of Andrejs MAMIKINS related to 2017/0158(COD)
Plenary speeches (1)
Import of cultural goods (A8-0308/2018 - Alessia Maria Mosca, Daniel Dalton)
Amendments (24)
Amendment 33 #
Proposal for a regulation
Recital 2
Recital 2
(2) Cultural heritage constitutes one of the basic elements ofimportant identitarian and symbolic value for civilisation, it enriches the cultural life of all peoples and as an element of human security it should therefore be protected from unlawful appropriation and pillage. The economic and artistic value of the cultural heritage creates a strong demand on the international market, but the lack of strong international legislative measures and their enforcement leads to the transfer of these goods to the shadow economy. The looting and pillage of cultural goods contributes to further disintegration of already conflict-torn regions. The Union should accordingly prohibit the entry in the customs territory of the Union of cultural goods unlawfully exported from third countries.
Amendment 48 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Whereas the intensification of trade in cultural goods and the proliferation of fake goods on the global market creates a need for the EU of a solid and clear legislative framework regulation the protection of cultural goods.
Amendment 51 #
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 limit. For that purpose, it seems appropriate to set a 25075 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.
Amendment 52 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Whereas cultural goods that have been produced recently also may be subject to illicit trafficking and be used by the EU or third-country criminal organisations for money laundering, financing of terrorism, drug trafficking, refugee smuggling, etc., the European Commission is invited to come up with a proposal that would cover also the import of more recent cultural goods.
Amendment 55 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Whereas the antiques and the high-value artworks are used by refugees as a means to pay the smugglers for their transportation to the EU and therefore contribute to the illegal migration.
Amendment 61 #
Proposal for a regulation
Recital 10
Recital 10
(10) Since certain categories of cultural goods, namely archaeological objects, elements of monuments, pieces of jewellery art, numismatic objects, artefacts of ancient technological achievements, martial art objects, 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. 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 64 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Whereas the police authorities and the customs services of the third countries do not always have enough capabilities to fight cultural goods trafficking and illegal trade or are subject to corruption or other forms of maladministration.
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 adoption cooperation with the European Parliament and the Council specific modalities for the temporary admission and storage of cultural goods into the customs territory of the Union, the templates for import licence applications and forms, as well as for importer statements and their accompanying documents, as well as further procedural rules on their 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 125 #
Proposal for a regulation
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
(a) where the export country is not a Contracting Party to the 1970 UNESCO Convention, it is not demonstrated that the cultural goods were exported from the source country in accordance with its laws and regulations;
Amendment 132 #
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1 a (new)
Article 4 – paragraph 5 – subparagraph 1 a (new)
These competent authorities are invited to create uniform licenses that would allow efficient and quick control by the authorities of any other Member State, should the transportation of the cultural goods occur via another port, rather than that initially declared during the application for license. Therefore, the licence should contain all the information in English along with the language of the country of issuing.
Amendment 133 #
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1 b (new)
Article 4 – paragraph 5 – subparagraph 1 b (new)
The licence should contain the information on the organisation, dealer or private collector to whom the artwork is destined. This information will not only help to monitor the movement of cultural goods, but also to uncover the patterns of illicit trade.
Amendment 152 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
The importer statement has to be accompanied by an obligatory insurance covering the period of transportation and use on the territory of the EU. In addition, the originals of other documents, such as expert appraisal, invoices, ownership titles, can be requested by the customs officers at the moment of entering the EU customs space.
Amendment 161 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Cultural goods placed by the customs under a special procedure other than transport should be entered into a special digital catalogue available to all the customs services of the EU. This catalogue should include the cultural goods legally imported into the EU, as well as those that have been trafficked, stolen or lost.
Amendment 167 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
In view of the introduction in the EU customs services of new practices connected to this Regulation, the employees of the customs should receive specific training on identifying illicitly trafficked, stolen and fake cultural goods. Expert assistance, dedicated funds and special equipment should be made available to the customs on the EU external borders to comply with the principles and the spirit of this Regulation.
Amendment 169 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Should the check on the EU boarder show that the cultural goods are being illicitly imported, the competent EU customs office should inform the national police and the customs offices of the country of provenience of the retained cultural good about the attempt of illegal transportation and use of the artwork. Should the country from which the cultural goods are being illicitly transported differ from the country of origin, national authorities of both countries need to be informed.
Amendment 176 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The period of temporary retention shall be strictly limited to the time required for the customs authorities or other law enforcement authorities to determine whether the circumstances of the case warrant retention under other provisions of Union or national law. The maximum period of temporary retention under this Article shall be 6 months. If no determination is made regarding further retention of the cultural goods within that period or if a determination is made that the circumstances of the case do not warrant further retention, the cultural goods shall be made available to the declarant. Authorities of the EU Member States have to make sure that at the moment of restitution of the artworks to the country of origin the latter is not affected by an armed crisis where the safety of the cultural object cannot be guaranteed. Otherwise the object has to remain in the EU until the situation in the country of origin is stabilised.
Amendment 193 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2 a (new)
Article 9 – paragraph 3 – subparagraph 2 a (new)
In order to guarantee a comprehensive and consistent approach to combatting of illicit trafficking of cultural goods, Member States are going to create a common definition of and a common way of dealing with cultural property crime, including crimes involving third-country elements.
Amendment 194 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2 b (new)
Article 9 – paragraph 3 – subparagraph 2 b (new)
In order to guarantee a better coordination among the EU Member States, LIBE Committee suggests that a special Cultural Crime Center is established within Europol. This would allow all customs authorities to have access to a common database on looted and illegally imported cultural goods, the criminals and their tools. Such additional coordination Unit would also benefit other Europol’s priorities, as money laundering, drug trafficking, etc.
Amendment 195 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2 c (new)
Article 9 – paragraph 3 – subparagraph 2 c (new)
To guarantee a quick and efficient interception of the trafficking of artefacts and antiques, including fake cultural goods illicitly coming to the EU, the inspection of containers and vehicles on the EU external boarders should be intensified1a. __________________ 1a Currently in the EU only 1-3% of containers are inspected.
Amendment 196 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2 d (new)
Article 9 – paragraph 3 – subparagraph 2 d (new)
Considering the fact that in recent decades a considerable number of cultural goods have illicitly penetrated the internal market of the EU and are still circulating contributing to the propagation of shadow economy, Member States are invited to apply additional measures to scrutinize the antiquity shops, including the online platforms, to identify the illicitly brought goods and the related operational chains. In addition, Member States are invited to lead awareness campaigns among collectors and antiquity dealers about the provisions of this Regulation to get their help in preventing illicit import of cultural goods.
Amendment 206 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State, as well as the European Parliament and the Council, in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.
Amendment 207 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a External relations In the context where the third countries, especially those in the state of crisis, are not always able to prevent illicit import, export and transit of goods, the EU must take the efforts to promote the fight against the illicit trafficking of cultural goods. Both the European Commission and the European External Action Service are invited to mainstream the principles of the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and promote the signature of this Convention by third parties. Considering that this Regulation sets rules for orderly cultural goods import in the EU, while the majority of other countries continue to operate in patchy and incomplete legislative frameworks, the EU should promote the establishment of stricter measures on the level of WTO. The European Commission is invited to introduce special clauses into the future trade agreements and those ones that are currently being negotiated to reduce the risk of illegal import of cultural goods to the EU. In order to make the work of the EU customs in fighting illegal cultural goods trafficking more efficient, specific cooperation with the customs services of third countries is necessary. Such contacts allowing a quick transmission of alerts and sharing of best practices are going to foster quick identification of illicit traffic and are going to have a dissuasive effect on the groups involved in such crimes. On the request of the customs services of the partner countries, the EU may give expert assistance to their local staff in this matter. Without prejudice to the provisions of this Regulation, the countries that are candidates at the EU membership, as well as the countries belonging to the ENP, are invited to introduce the principles of this Regulation to their legislative framework, so as to make the early warning and the common efforts in combatting illicit cultural goods traffic more efficient.
Amendment 217 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
It shall apply from 1 January 2019. As the provisions of this Regulation do not have retroactive action, the European Parliament invites the European Commission to come up with a legislative proposal that would regulate the issue of cultural goods that have recently illegally entered the EU, especially from the year 2011 when civil wars in MENA countries started and brought about numerous crimes against cultural heritage fostering the proliferation of transnational shadow market of cultural goods.
Amendment 219 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
Entering into force of this regulation does not alter or suspend the application of Regulations (EC) No 1210/2003 and (EU) No 36/2012 that provide for a prohibition of trade in cultural goods with Iraq and Syria respectively.