Activities of John PROCTER 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 (50)
Amendment 35 #
Proposal for a regulation
Recital 3
Recital 3
(3) 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 certain imports of cultural goods are subject to uniform controls upon their entry.
Amendment 42 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 50 #
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 meetexceeding a certain age limitand value threshold. For that purpose, it seemis appropriate to set a 2500 year minimum age threshold and a €150 000 minimum value threshold for all categories of cultural goods. That minimum agese thresholds 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 57 #
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. Persons seeking to obtain such a licence should be able to prove licit export from the sourceexport 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 68 #
Proposal for a regulation
Recital 12
Recital 12
(12) Temporary admission of cultural goods for educationalconservation, educational, exhibition, restoration, scientific orand academic research purposes should not be subject to the presentation of a licence or of a statementn extended description of goods.
Amendment 74 #
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 2901 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of modifications to the minimum age threshold criterion for the different categories of cultural goods and political developments or other events which may have an effect on the preservation of cultural goods listed in Annex a (new) by updating the list of export countries. That delegation should also allow the Commission to update the Annexes 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 delegatedimplementing 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 delegatedimplementing acts. __________________ 27 OJ L 123, 12.5.2016, p. 1.
Amendment 78 #
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, the templates for import licence applications and forms, as well as for importer statementextended description of goods 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 79 #
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 forms to use to apply for an import licence or to prepare an importer statementan extended description of goods. Consequently, the application of this Regulation should be deferred.
Amendment 80 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Goods listed in Annex 1 but not covered by Articles 4 and 5 will be subject to the standard procedures of the Union Customs Code.
Amendment 97 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 110 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Commission is empowered to adopt delegatedimplementing 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 threshold in the third column of the table in the Annex in the light of experience gathered during the implementation of this Regulation.
Amendment 117 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The release of cultural goods for free circulation and the placing of cultural goods under a special procedure other than transit shall only be permitted upon the presentation of an import licence issued in accordance with Article 4 or of an importer statementextended description of goods made out in accordance with Article 5.
Amendment 121 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Paragraph 1 shall only apply to goods being exported from countries listed in Annex a (new).
Amendment 128 #
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 educationalconservation, educational, exhibition, restoration, scientific and academic research purposes;
Amendment 132 #
Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)
Article 3 – paragraph 2 – point b a (new)
(ba) the return of cultural goods acquired by forced sale, loot or theft to their legitimate owner in the Union from a third country;
Amendment 133 #
Proposal for a regulation
Article 3 – paragraph 2 – point b b (new)
Article 3 – paragraph 2 – point b b (new)
(bb) the admission of cultural goods which have already been subject to a due diligence process to establish their legitimate provenance, for example with a view to their acquisition by a museum or gallery;
Amendment 134 #
Proposal for a regulation
Article 3 – paragraph 2 – point b c (new)
Article 3 – paragraph 2 – point b c (new)
(bc) the import of goods by dealers and auction houses which have been granted Authorised Economic Operator (AEO) status in accordance with Article 38 of Regulation (EU) 952/2013;
Amendment 135 #
Proposal for a regulation
Article 3 – paragraph 2 – point b d (new)
Article 3 – paragraph 2 – point b d (new)
(bd) goods whose value does not meet or exceed the threshold of €150 000;
Amendment 156 #
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 sourceexport country in accordance with its laws and regulations;
Amendment 157 #
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
Amendment 165 #
Proposal for a regulation
Article 4 – paragraph 4 – point c a (new)
Article 4 – paragraph 4 – point c a (new)
(ca) this Article shall not apply to goods whose export country is not listed in Annex a (new).
Amendment 167 #
Proposal for a regulation
Article 4 – paragraph 4 – point c b (new)
Article 4 – paragraph 4 – point c b (new)
(cb) the Commission shall be empowered to adopt implementing acts in accordance with Article 12 to amend Annex a (new) to take account of political developments or other events which may have an effect on the preservation of cultural goods listed in Annex by updating the list of export countries to which this Article applies.
Amendment 174 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Importer statement Extended description of goods
Amendment 177 #
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 Unionimport of the cultural goods referred to in points (a), (b), (e), (f), (g), (i), (j), (ke), (f) and (lg)(ii) of the Annex shall be subject to the submission of an importer statementan extended description of goods to be supplied to the customs authorities of the Member State of entry.
Amendment 183 #
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 statement shall contain a declaration signed by the holder of the goods that the goods have been exported from that country in accordance with its laws and regulationhall, within the description of goods supplied in the customs declaration in accordance with Articles 162 to 169 of Regulation (EU) No 952/2013, identify the name of the export country of the goods.
Amendment 189 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Amendment 191 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 194 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. This Article shall not apply to goods whose export country is not listed in Annex a (new).
Amendment 195 #
Proposal for a regulation
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3 b. The Commission shall be empowered to adopt implementing acts in accordance with Article 12 to amend Annex a (new) to take account of political developments or other events which may have an effect on the preservation of cultural goods listed in Annex by updating the list of export countries to which this Article applies.
Amendment 196 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The import licence referred to in Article 4 or the importer statementextended description of goods referred to in Article 5, as the case may be, shall be 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 199 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. With regard to cultural goods requiring the submission of an importer statementextended description of goods to enter the customs territory of the Union, the customs authorities shall check whether the importer statementextended description of goods 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 statementextended description of goods by attributing to it a serial number and a registration date and, upon release of the goods, provide the declarant with a copy of the registered importer statementextended description of goods.
Amendment 208 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. An electronic system may be developed for the storage and the exchange of information between the authorities of the Member States, in particular regarding importer statementextended descriptions of goods and import licences.
Amendment 211 #
Proposal for a regulation
Article 11
Article 11
Amendment 215 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – point a
Article 14 – paragraph 1 – subparagraph 1 – point a
(a) statistical information on importer statementextended description of goods registered;
Amendment 222 #
Proposal for a regulation
Annex – table – point a
Annex – table – point a
(a) Rare ex 9705 More than 2500 number of items collections and years old (p/st) specimens of fauna, flora, minerals and anatomy, and objects of paleontological interest;
Amendment 225 #
Proposal for a regulation
Annex – table – point b
Annex – table – point b
(b) objects ex 9705 More than 2500 number of items relating to years old (p/st) history, including the history of science and technology and military and social history, to the life of national leaders, thinkers, scientists and artists and to events of national importance;
Amendment 228 #
Proposal for a regulation
Annex – table – point c
Annex – table – point c
(c) products ex 9705; ex 9706 More than 2500 number of items of archaeological years old (p/st) excavations, including regular or clandestine, or of archaeological discoveries on land or underwater;
Amendment 231 #
Proposal for a regulation
Annex – table – point d
Annex – table – point d
(d) elements ex 9705; ex 9706 More than 2500 number of items of artistic or years old (p/st) historical monuments or archaeological sites which have been been dismembered;
Amendment 234 #
Proposal for a regulation
Annex – table – point e
Annex – table – point e
Amendment 237 #
Proposal for a regulation
Annex – table – point f
Annex – table – point f
(f) objects of ex 9705 More than 2500 number of items ethnological interest; years old (p/st) interest;
Amendment 240 #
Proposal for a regulation
Annex – table – point g – point i
Annex – table – point g – point i
(i) pictures, ex 9701 More than 2500 number of items paintings and years old (p/st) drawings produced entirely by hand on any support and in any material, excluding industrial designs and manufactured articles decorated by hand;
Amendment 243 #
Proposal for a regulation
Annex – table – point g – point ii
Annex – table – point g – point ii
(ii) original ex 9703 More than 2500 number of items works of statuary years old (p/st) art and sculpture in any material;
Amendment 246 #
Proposal for a regulation
Annex – table – point g – point iii
Annex – table – point g – point iii
(iii) original ex Chapter 49; ex More than 2500 number of items engravings, prints 9702; years old (p/st) and lithographs;
Amendment 249 #
Proposal for a regulation
Annex – table – point g – point iv
Annex – table – point g – point iv
(iv) original ex 9701 More than 2500 number of items artistic years old (p/st) assemblages and montages in any material;
Amendment 252 #
Proposal for a regulation
Annex – table – point h
Annex – table – point h
(h) rare ex 9702; ex 9706; More than 2500 number of items manuscripts and ex 4901 10 and years old (p/st) incunabula, ex 4901 99; ex 4904; ex 4905 91 and ex 4905 99; ex 4906
Amendment 256 #
Proposal for a regulation
Annex – table – point i
Annex – table – point i
(i) old books, ex 9705; ex 9706 More than 2500 number of items documents and years old (p/st) publications of special interest, singly or in collections;
Amendment 259 #
Proposal for a regulation
Annex – table – point j
Annex – table – point j
(j) postage, ex 9704 More than 2500 number of items revenue and years old (p/st) similar stamps, singly or in collections;
Amendment 262 #
Proposal for a regulation
Annex – table – point k
Annex – table – point k
(k) archives, ex 3704; ex 3705; More than 2500 number of items including sound, ex 3706; ex 4901; years old (p/st) photographic and ex 4906; ex 9705; cinematographic ex 9706 archives;
Amendment 265 #
Proposal for a regulation
Annex – table – point l
Annex – table – point l
(l) articles of ex 9706 More than 2500 number of items furniture and old years old (p/st) musical instruments.
Amendment 267 #
Proposal for a regulation
Annex a (new)
Annex a (new)
Annex a Export country