Activities of Ian HUDGHTON 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 (21)
Amendment 40 #
Proposal for a regulation
Recital 6
Recital 6
(6) The definitions based on those used in the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 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 and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects signed in Rome on 24 June 1995, to which a significant number of Member States are a party, should be used in the Regulation, considering the familiarity of many third countries and most Member States with their provisions.
Amendment 45 #
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, when 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 exported from there legally, when the third 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 cultural goods or objects were exported from the source countrre legally.
Amendment 48 #
Proposal for a regulation
Recital 8
Recital 8
(8) In order not to impede trade within goods across the Union’s external borders disproportionately, this Regulation should only apply to goods meeting a certain age and value limit. For that purpose, it seems appropriate to set a 25100 year minimum age threshold for allthe most vulnerable categories of cultural goods, in line with the provisions of the 1954 Hague Convention, the 1970 UNESCO Convention and of the 1995 UNIDROIT Convention. 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 49 #
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 25100 year minimum age threshold for all categories of cultural goods. T recalling the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of November 1970; 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 58 #
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 source country with the appropriate supportive documents and evidence, in particular, export certificates or licences issued by the thirdsource 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 70 #
Proposal for a regulation
Recital 12
Recital 12
(12) Temporary admission of cultural goods for educational, scientific orestoration, exhibition and academic research purposes should not be subject to the presentation of a licence or of a statement.
Amendment 82 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation sets out the conditions and procedure for the entryimport of cultural goods into the customs territory of the Union.
Amendment 99 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) 'source country' means the country in the current territory of which the cultural goods were created or discovered, discovered and subsequently removed, excavated or stolen from land or underwater in the current territory of the source country;
Amendment 101 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 104 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
Amendment 116 #
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 statement made out in accordance with Article 5.
Amendment 129 #
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, exhibition and academic research purposes;
Amendment 143 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The holder of the goods shall apply for an import licence to the competent authority of the 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'), the application shall be accompanied by any supporting documents and information substantiating that the cultural goods have been exported from that country in accordance with its laws and regulations.
Amendment 154 #
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,n it is not demonstrated that the cultural goods were exported from the source country in accordance with its laws and regulations;
Amendment 158 #
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
Amendment 162 #
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 163 #
Proposal for a regulation
Article 4 – paragraph 4 – point c a (new)
Article 4 – paragraph 4 – point c a (new)
(ca) if the import request concerns a cultural good for which the same application was previously refused by another member state of the Union, refusal that the applicant is required to communicate to the competent authority for the issue of the license import;
Amendment 173 #
Proposal for a regulation
Article 5
Article 5
Amendment 212 #
Proposal for a regulation
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
-1. In their preparatory works for the implementation of this Regulation, the Commission and the Member States shall cooperate with international organisations, such as the UNESCO, the Interpol, EUROPOL and the ICOM, to ensure effective training, capacity building activities and awareness rising campaigns.
Amendment 216 #
Proposal for a regulation
Annex – table
Annex – table
Amendment 217 #
Proposal for a regulation
Annex – table a (new)
Annex – table a (new)
Proposal for a Regulation of the European Parliament and of the Council on the import of cultural goods Cultural goods covered by Article 2 (1) A. 1. Archaeological objects more than 100 years old which are the products of: – excavations and finds on land or under water 9705 00 00 – archaeological sites 9706 00 00 – archaeological collections 2. Elements forming an integral part of artistic, historical or 9705 00 00 religious monuments which have been dismembered, of an age exceeding 100 years 9706 00 00 3. Pictures and paintings, other than those included in 9701 categories 4 or 5, executed entirely by hand in any medium and on any material 4. Watercolours, gouaches and pastels executed entirely by 9701 hand on any material 5. Mosaics in any material executed entirely by hand, other 6914 than those falling in categories 1 or 2, and drawings in any medium executed entirely by hand on any material 9701 6. Original engravings, prints, serigraphs and lithographs Chapter 49 with their respective plates and original posters 9702 00 00 8442 50 99 7. Original sculptures or statuary and copies produced by 9703 00 00 the same process as the original, other than those in category 1 8. Photographs, films and negatives thereof 3704 3705 3706 4911 91 80 9. Incunabula and manuscripts, including maps and 9702 00 00 musical scores, singly or in collections 9706 00 00 4901 10 00 4901 99 00 4904 00 00 4905 91 00 4905 99 00 4906 00 00 10. Books more than 100 years old, singly or in collections 9705 00 00 9706 00 00 11. Printed maps more than 100 years old 9706 00 00 12. (a) Collections and specimens from zoological, botanical, 9705 00 00 mineralogical or anatomical collections; (b) Collections of historical, paleontological, ethnographic or 9705 00 00 numismatic interest 13. Any other antique items not included in categories A.1 to 97060000 A.12 more than 100 years old The cultural objects in categories A.1 to A.13 are covered by this Regulation only if their value corresponds to, or exceeds, the financial thresholds under B. B. Financial thresholds applicable to certain categories under A (in euro) Value: Whatever the value – 1 (Archaeological objects) – 2 (Dismembered monuments) – 9 (Incunabula and manuscripts) 15 000 – 5 (Mosaics and drawings) – 6 (Engravings) – 8 (Photographs) – 11 (Printed maps) 30 000 – 4 (Watercolours, gouaches and pastels) 50 000 – 3 (Pictures) – 7 (Statuary) – 10 (Books) – 12 (Collections) – 13 (Any other object) The assessment of whether or not the conditions relating to financial value are fulfilled must be made when an application for an import licence is submitted. The financial value is that of the cultural object in the Member State referred to in Article 2, point 1(a). For the Member States which do not have the euro as their currency, the values expressed in euro in Annex I shall be converted and expressed in national currencies at the rate of exchange on 31 December 2001 published in the Official Journal of the European Communities. This countervalue in national currencies shall be reviewed every two years with effect from 31 December 2001. Calculation of this countervalue shall be based on the average daily value of those currencies, expressed in euro, during the 24 months ending on the last day of August preceding the revision which takes effect on 31 December. This method of calculation shall be reviewed, on a proposal from the Commission, by the Advisory Committee on Cultural Goods, in principle two years after the first application. For each revision, the values expressed in euro and their counter values in national currency shall be published periodically in the Official Journal of the European Union in the first days of the month of November preceding the date on which the revision takes effect. Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1522064603053&uri=CELEX:32009R0116)