Activities of Daniel DALTON related to 2017/0158(COD)
Plenary speeches (1)
Import of cultural goods (A8-0308/2018 - Alessia Maria Mosca, Daniel Dalton) (vote)
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the import of cultural goods PDF (1 MB) DOC (206 KB)
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 (43)
Amendment 43 #
Proposal for a regulation
Recital 3
Recital 3
(3) In view of different rules applying in the Member States regarding the entryimport 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 46 #
Proposal for a regulation
Recital 7
Recital 7
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 250 year minimum age threshold for all categories of cultural goods. That minimum agIn addition, a value threshold of 50,000 euro should also be applied, which would apply too for all categories of cultural goods. Those 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 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, where deemed necessary by the competent authority based upon the risk of illicit trade, type of cultural good, value and source and export countries. Persons seeking to obtain such a licence should submit 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 and within the timescales specified. Persons submitting an application should not be charged a fee in relation to their application.
Amendment 62 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Instances of looting connected to terrorist financing or money laundering have historically been connected to specific source countries or regions. It is therefore necessary that the Commission prepares a list of those states most in danger so that the efforts of customs authorities can be focused on the consignments at greatest risk. In order to compile this list, the Commission shall consider states currently in conflict or internal strife. Where the Commission considers that there is a risk to the preservation of cultural goods as a consequence of active conflict or a breakdown of state institutions, it should submit to add the country affected to a list of countries contained in Annex II. Cultural goods whose source country appears in Annex II should be subject to an import licence, where the other thresholds of the Regulation are also met.
Amendment 68 #
Proposal for a regulation
Recital 12
Recital 12
(12) Temporary admission of cultural goods for educational, scientific or academic research purposes should not be subject to the presentation of a licence or of a statement.
Amendment 71 #
Proposal for a regulation
Recital 13
Recital 13
(13) Storage of cultural goods from countries affected by armed conflict or suffering a natural disaster should also be permitted without the presentation of a licence or a statement in order to ensure their safety and preservation.
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 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 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 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 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 84 #
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 88 #
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 I and meets the minimum age and value threshold specified therein;
Amendment 89 #
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 or which has such a close connection with the cultural goods that this country protects them as national cultural property and regulates their export from its territory upon their lawful removal from the country in which the cultural goods were created or discovered;
Amendment 98 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The releaseimport of cultural goods for free circulation and the placing of cultural goods under a special procedure other than transitinto the customs territory of the Union shall only be permitted upon the presentation of an import licence issued in accordance with Article 4 or of an importer statement, where such a licence is required, or of an extended description made out in accordance with Article 5.
Amendment 100 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The successful import of cultural goods shall not be construed to be evidence of lawful provenance or ownership.
Amendment 107 #
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 other than transit inimport into the customs territory of the Union of the cultural goods referred to in points (c), (d) and (h) of the Annex shallI may be subject to the presentation of an import licence to the customs authorities.
Amendment 109 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The holder of the goods shall apply for an import licencesubmit a notification 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 Contr 10 days prior the intended date of release or placting 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 thatunder a special procedure. The notification shall country in accordance with its laws and regulations.ain:
Amendment 112 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 a (new)
Article 4 – paragraph 2 – subparagraph 1 a (new)
In cases where the source country is not known, the notification may designate a geographical region as relevant to the provenance of the goods.
Amendment 113 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Within 10 days of receipt of the notification, the competent authority of the Member State shall take a decision as to whether the good or goods should require an import licence. This decision shall be based upon risk of illicit trade and shall take into account the type of cultural good, the export and source countries involved, including whether those countries are signatories to the UNESCO Convention on Cultural Property, and the value of the goods.
Amendment 115 #
Proposal for a regulation
Article 4 – paragraph 2 b (new) – introductory wording and point a (new)
Article 4 – paragraph 2 b (new) – introductory wording and point a (new)
2b. It shall include: (a) a short description of the goods, including the number of goods using the applicable supplementary unit;
Amendment 116 #
Proposal for a regulation
Article 4 – paragraph 2 b (new) – point b (new)
Article 4 – paragraph 2 b (new) – point b (new)
(b) the category under Annex I to which the goods belong;
Amendment 117 #
Proposal for a regulation
Article 4 – paragraph 2 b (new) – point c (new)
Article 4 – paragraph 2 b (new) – point c (new)
(c) the name of the export country; and
Amendment 118 #
Proposal for a regulation
Article 4 – paragraph 2 b (new) – point d (new)
Article 4 – paragraph 2 b (new) – point d (new)
(d) the name of the source country.
Amendment 121 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The competent authority of the Member State of entry shall verify whether the application is complete. It shall request any missing information or document from the applicant within 307 days of receipt of the application.
Amendment 123 #
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. The competent authority shall, within 9014 days of the submission of the complete application, examine the application and decide to issue the import licence or reject the application. It may reject the application on the following grounds:
Amendment 128 #
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 source country is not listed in Annex II. For goods without a known source country, this paragraph shall not apply where the geographical region deemed relevant is based upon historical territories or regions of control and substantially includes countries listed in Annex II.
Amendment 129 #
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 delegated acts in accordance with Article 12 to amend Annex II to amend the list of source countries to which this Article applies, in order to take account of political developments or other events which may have a serious detrimental effect on the capacity for national cultural institutions to ensure the preservation of cultural goods in those countries.
Amendment 138 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Amendment 140 #
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), (k) and (l) of the Annex I 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 145 #
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 source country of the goods. In cases where the source country is not known, the extended description may designate a geographical region as relevant to the goods.
Amendment 147 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Amendment 154 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 159 #
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 163 #
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 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 a serial number and a registration date and, upon release of the goods, provide the declarant with a copy of the registered importer statement.
Amendment 174 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The administrative decision referred to in paragraph 1 shall be accompanied by a statement of reasons, be communicated to the declarant and shall be subject to an effective remedy in accordance with procedures provided for in national lawsubject to the provisions of Article 22(7) of Regulation (EU) No 952/2013.
Amendment 177 #
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 63 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.
Amendment 180 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. For the purposes of implementing this Regulation, Member States shall ensure co-operation between their competent authorities referred to in Article 3(44(5).
Amendment 182 #
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, within the framework of Regulation (EU) No 952/2013. Any such system shall address the receipt, processing, storage and exchange of in particular regarding importer statements and import licences.
Amendment 191 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
Those implementing acts shall be adopted in accordance with the procedure referred to in Article 13by... [six months from the date of entry into force of this Regulation].
Amendment 197 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
The Member States shall lay down the rules on penalties applicable to infringements of Articles 3, 4 and 5 and in particular, to the making of false statements and the submission of false information to obtain entryimport of cultural goods into the customs territory of the Union, and the making available of economic resources to prescribed terrorist groups as a result of the entry of cultural goods into customs territory of the Union contrary to provisions of this Regulation on their import. Member States shall take all measures necessary to ensure that theyse rules on penalties are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and of those measures within 18 months of the entry into force of the Regulation and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 204 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
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, World Customs Organization (WCO) and the International Council of Museums, to ensure effective training, capacity building activities and awareness rising campaigns.
Amendment 208 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – point a
Article 14 – paragraph 1 – subparagraph 1 – point a
Amendment 216 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation threewo years after the date of application of this Regulation and, after that, every fiveour years.
Amendment 218 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
It shall apply from 1 January 20219.