Activities of József NAGY related to 2017/0158(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the import of cultural goods
Amendments (41)
Amendment 35 #
Proposal for a regulation
Recital 2
Recital 2
(2) Cultural heritage constitutes one of the basic elements of civiliszation, it enriches the cultural life of all peoples and it should therefore be protected from unlawful appropriation and pillageunites us in shared memory knowledge and development of the humankind, therefore it should be protected from unlawful appropriation and pillage. Targeting of cultural heritage is a serious crime that causes significant suffering to those immediately affected and beyond. The Union should accordingly prohibit the entry in the customs territory of the Union of cultural goods unlawfully exported from third countries.
Amendment 36 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Protection of cultural heritage can be effective only if organized both nationally and internationally among Member States working in close co- operation. In view of different rules applying in the Member States regarding the entry of cultural goods into the customs territory of the Union, measures should be taken in particular to ensure that imports of cultural goods are subject to uniform controls upon their entry.
Amendment 47 #
Proposal for a regulation
Recital 7
Recital 7
(7) The legality of export should be examined based on the laws and regulations of the country where the cultural goods were discovered or created ('source country'). In order to avoid circumvention, wWhen the cultural goods enter the Union from a different third country, the person who seeks to introduce them into the customs territory of the Union should demonstrate that they were legally exported from there legally, source country. In cases whenre the thirdsource country in question is a signatory State of the 1970 UNESCO Convention and thus a country committed to fighting against illicit trafficking of cultural property. In other cases, the person should prove lawful export from the source countryof the cultural goods cannot be reliably determined, the person who seeks to introduce them into the customs territory of the Union should demonstrate that they were legally exported from the last country where they were held before their dispatch into the Union (“export country”) in accordance with its laws and regulations.
Amendment 56 #
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 first 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 that the cultural goods have been exported from the source country in accordance with its laws and regulations or to prove the absence of such laws and regulations. The licit export from the source country should be proved with the appropriate supportive documents and evidence, in particular, export certificates or export 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. In cases where the source country of the cultural goods cannot be reliably determined, the application should be accompanied by any supporting documents and information, providing evidence that the cultural goods were exported from the export country in accordance with its laws and regulations. The import of cultural goods that originate in conflict-affected or high-risk countries should always require the presentation of a licence issued by the competent authority of the first Member State of entry. Persons seeking to obtain such a licence should be able to prove that the cultural goods have been exported from the source country in accordance with its laws and regulations. The Commission should establish, by means of implementing acts, a regularly updated list of conflict-affected and high-risk countries. The Commission should call upon external expertise such as UNESCO and the International Council of Museums (ICOM) to provide for such list which should be based on the Red Lists published by ICOM, which classify the endangered categories of archaeological objects or works of art in the most vulnerable areas of the world in order to prevent them being sold or illegally exported.
Amendment 63 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Taking into account the particular nature of the goods, the role of the cultural experts within the customs authorities is extremely relevant since they should be able, where necessary, to require additional information from the declarant and to physically examine the cultural goods by conducting an expertise.
Amendment 65 #
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 standardiszed 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 76 #
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 particular nature of the cultural 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. Implementing powers should also be conferred on the Commission to establish a regularly updated list of conflict- affected and high-risk countries. __________________ 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 79 #
Proposal for a regulation
Recital 16
Recital 16
(16) Relevant information on trade flows of cultural goods should be collected to support the efficient implementation of the Regulation and to provide the basis for its future evaluation. Trade flows of cultural goods cannot be efficiently monitored only by their value or weight since these two measurements can fluctuate. It is essential to electronically collect information on the number of items declared. As no supplementary measurement unit is specified in the Combined Nomenclature for cultural goods, it is necessary to require that the number of items is declared.
Amendment 80 #
Proposal for a regulation
Recital 17
Recital 17
(17) The EU Strategy and Action Plan for customs Risk Management29 aims – inter alia- to strengthen capacities and training of customs authorities, also for the European Border and Coast Guard Agency (Frontex), to increase the responsiveness to risks in the area of cultural goods. The common risk management framework laid down in Regulation (EU) No 952/2013 should be used and relevant risk information be exchanged between customs authorities. __________________ 29 COM/2014/0527 final: Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the EU Strategy and Action Plan for customs risk management.
Amendment 81 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
Amendment 82 #
Proposal for a regulation
Recital 19
Recital 19
(19) Sufficient time should be provided for the Commission to adopt rules implementing this Regulation, in particular those regarding the appropriate electronic standardised forms to use to apply for an import licence or to prepare an importer statement. Consequently, the application of this Regulation should be deferred.
Amendment 85 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
The entry into the customs territory of the Union of cultural goods which have been illegally exported from a third country is prohibited.
Amendment 90 #
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 91 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
Amendment 92 #
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) ‘conflict-affected and high-risk countries’ means those countries listed by the Commission which are identified by the presence of armed conflicts, widespread violence or other risks of harm to people or cultural goods;
Amendment 96 #
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 99 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The issuance of an import licence by the competent authority of the first Member State of entry or the correct submission of the importer statement to the customs authorities of the first Member State of entry shall not be construed to be evidence of licit provenance or ownership of the cultural goods.
Amendment 101 #
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, conservation and academic research purposes; and for the purpose of cooperation between museums or similar public non-profit institutions for the organization of cultural exhibitions. The cultural goods to be presented at commercial fairs and international art fairs shall not be subject to the presentation of an import licence or an importer statement. However, should the cultural goods be acquired and remain within the territory of the Union, they shall be subject to the submission of an import licence in accordance with Article 4 or the presentation of an importer statement in accordance with Article 5.
Amendment 111 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The holder of the goodscultural goods listed in the previous paragraph shall apply for an import licence to the competent authority of the first Member State of entry. The application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations. However, where the export country is a Contracting Party to the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property signed in Paris on 14 November 1970 ('the 1970 UNESCO Convention') or in the absence of such laws and regulations. In cases where the source country of the cultural goods cannot be reliably determined, the application shall be accompanied by any supporting documents and information substantiating, providing evidence that the cultural goods have beenwere exported from thae export country in accordance with its laws and regulations.
Amendment 114 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The holder of cultural goods that originate in conflict-affected or high-risk countries shall always apply for an import licence to the competent authority of the first Member State of entry. The application shall be accompanied by any supporting documents and information substantiating that such cultural goods have been exported from the source country in accordance with its laws and regulations.
Amendment 119 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The competent authority of the first Member State of entry shall verify whether the application is complete. It shall request any missing information or document from the applicant within 30 days of receipt of the application.
Amendment 124 #
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;vidence required in paragraphs 2 or 3 is nor provided,
Amendment 126 #
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
(b) where the export country is a Contracting Party to the 1970 UNESCO Convention, it is not demonstrated that the cultural goods were exported from the export country in accordance with its laws and regulations;re are pending claim for restitution by the authorities of the source country,
Amendment 127 #
Proposal for a regulation
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
(c) the competent authority has reasonable grounds to believeaffirm that the holder of the goods did not acquire them lawfully.
Amendment 131 #
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 135 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The Commission mayshall establish, by means of implementing acts, the electronic standardised template for the application for the import licence as well as the procedural rules on the electronic submission and processing of such an application together with the relevant supporting documents, which shall be done by electronic means. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.
Amendment 142 #
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 Annex shall be subject to the submission of an electronic importer statement to the customs authorities of the first Member State of entry.
Amendment 143 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The previous paragraph does not apply to cultural goods that originate in conflict-affected or high-risk countries. Such cultural goods require the presentation of an import licence issued by the competent authority of the first Member State of entry in accordance with the provisions set out in Article 4.
Amendment 144 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from the source country in accordance with its laws and regulations. However, where the export country is a Contracting Party to the UNESCO Convention on Cultural Property, the importer statementregistered electronically shall contain a declaration signed by the holder of the goods stating that the goods have been exported from thate source country in accordance with its laws and regulations.
Amendment 148 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The importer statement shall include a standardised electronic document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities. 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 155 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission mayshall adopt, by means of implementing acts, the electronic standardised template for the importer statement as well as the procedural rules on the electronic submission and processing of the importer statement. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.
Amendment 158 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The import licence referred to in Article 4 or the importer statement referred to in Article 5, as the case may be, shall be electronically submitted to the customs office competent to release the cultural goods for free circulation or for placing them under a special procedure other than transit.
Amendment 160 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. With regard to cultural goods requiring the issue of an import licence to enter the customs territory of the Union, the customs authorities shall check whether the import licence corresponds to the goods presented. For that purpose, they may physically examine the cultural goods, including by conducting an expertise. The import licence electronically registered shall be attributed a serial number and a registration date and, upon release of the goods, the declarant will be provided with a copy of the registered import licence.
Amendment 164 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. With regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the Union, the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of Article 5 and corresponds to the goods presented. For that purpose, they may require additional information from the declarant and physically examine the cultural goods, including by conducting an expertise. They shall register the importer statement by attributing to it importer statement electronically registered shall be attributed a serial number and a registration date and, upon release of the goods, provide the declarant will be provided with a copy of the registered importer statement.
Amendment 170 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Customs authorities shall seize and temporarily retain cultural goods brought into the customs territory of the Union where the cultural goods in question entered the customs territory of the Union without the conditions laid down in paragraphs 1 and 2 of Article 3 being fulfilled. 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) No952/2013, having due regard to the particular nature of the goods.
Amendment 184 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. An electronic system mayshall be developed for the storage and the exchange of information between the authorities of the Member States, in particular regarding importer statements and import licences.
Amendment 186 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 – introductory part
Article 9 – paragraph 3 – subparagraph 1 – introductory part
The Commission mayshall lay down, by means of implementing acts,
Amendment 201 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall organise training and capacity building activities to ensure the effective implementation of this Regulation by the authorities and the professionals concerned. They mayshall also use awareness- raising campaigns to sensitise in particular buyers of cultural goods. Moreover, in order to assist the market actors to implement this Regulation, information contact points shall be made available in each Member State.
Amendment 205 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. The Commission shall establish, by means of implementing acts, a regularly updated list of conflict-affected and high-risk countries.
Amendment 211 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – point e
Article 14 – paragraph 1 – subparagraph 1 – point e
(e) number of cases in which cultural goods have been retained and
Amendment 212 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – point f
Article 14 – paragraph 1 – subparagraph 1 – point f
(f) number of cases where cultural goods have been abandoned to the State in accordance with Article 199 of Regulation (EU) No 952/2013. and