39 Amendments of Santiago FISAS AYXELÀ related to 2017/0158(COD)
Amendment 43 #
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 47 #
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 and value limit. For that purpose, it seems appropriate to set a 250 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 and a financial threshold for certain categories of cultural goods as stated in the Annex. Certain categories of cultural goods should not be subject to a financial threshold since they require a reinforced protection due to their higher risk of pillage, loss or destruction. The 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. The minimum financial threshold for certain categories of cultural goods is the value established for most of the categories contained in the Annex of the Regulation (EC) no 116/2009 on the export of cultural goods, which is in line with the objective of the proposal and will minimise the burden on the art market operators.
Amendment 53 #
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.
Amendment 60 #
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 standardised 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 64 #
Proposal for a regulation
Recital 12
Recital 12
(12) Temporary admission of cultural goods for educational, scientific, restoration or academic research purposes or within a cooperation between museums or similar public non-profit institutions should not be subject to the presentation of a licence or of a statement.
Amendment 76 #
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 and financial 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 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 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 specific nature of the 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 . __________________ 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 94 #
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 and meets the minimum age and financial threshold specified therein;
Amendment 102 #
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 105 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
Amendment 113 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Commission is empowered to adopt delegated 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 thresholand fin the third column of the tableancial threshold in the Annex, in the light of experience gathered during the implementation of this Regulation.
Amendment 114 #
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 119 #
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 customs authorities or the correct submission of the importer statement shall not be construed to be evidence of licit provenance or ownership of the cultural goods.
Amendment 126 #
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 and academic research purposes and within a cooperation between museums or similar public non-profit institutions organizing cultural exhibitions;
Amendment 144 #
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 first Member State of entry. The application shall be accompanied by any supporting documents and information substantiatingthat prove 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 that prove 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 150 #
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 153 #
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 regulationsvidence required in paragraphs 2 or 3 is not provided;
Amendment 159 #
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 claims for restitution by the authorities of the source country.
Amendment 169 #
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 178 #
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 182 #
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 stating 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 regulations.
Amendment 190 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
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 206 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. 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) No 952/2013, having due regard to the specific nature of the goods.
Amendment 220 #
Amendment 223 #
Proposal for a regulation
Annex – table – point a
Annex – table – point a
Amendment 226 #
Amendment 229 #
Proposal for a regulation
Annex – table – point c
Annex – table – point c
Categories of Combined Minimum Minimum age Supplementary of cultural goods Nomenclatur age financial units goods e (CN) threshold units threshold (CN) Chapter, (in euro) Heading or Subheading (c) products ex 9705; ex 9706 More than 250 0 number of items of archaeological prod 9706 250 years years old items (p/st) ucts of old archaeologic al excavations, including regular or or clandestine, or of of archaeologic al discoveries on on land or underwater;
Amendment 232 #
Proposal for a regulation
Annex – table – point d
Annex – table – point d
Amendment 235 #
Proposal for a regulation
Annex – table – point e
Annex – table – point e
Categories of Combined Minimum Minimum age Supplementary of cultural goods Nomenclature threshold units age financial units goods e (CN) threshold threshold (CN) Chapter, Heading or (in euro) SubhHeading or (e) ex 9706Subheading (e) ex 9706 More than 250 50 000 number of items antiquities 250 years years old (p/st) , such as items (p/st) uities, such old as inscriptions, coins and engraved seals;
Amendment 238 #
Proposal for a regulation
Annex – table – point f
Annex – table – point f
Amendment 241 #
Proposal for a regulation
Annex – table – point g – point i
Annex – table – point g – point i
Amendment 244 #
Proposal for a regulation
Annex – table – point g – point ii
Annex – table – point g – point ii
Amendment 247 #
Proposal for a regulation
Annex – table – point g – point iii
Annex – table – point g – point iii
Amendment 250 #
Proposal for a regulation
Annex – table – point g – point iv
Annex – table – point g – point iv
Amendment 253 #
Amendment 257 #
Proposal for a regulation
Annex – table – point i
Annex – table – point i
Categories of Combined Minimum Minimum age Supplementary of cultural goods Nomenclature age financial units goods e (CN) threshold units threshold (CN) Chapter, (in euro) Heading or Subheading (i) old books, ex 9705; ex 9706 More than 250 50 000 number of items documents and books, 9706 250 years years old items (p/st) documents old and publications of of special interest, singly or in collections;
Amendment 260 #
Proposal for a regulation
Annex – table – point j
Annex – table – point j
Categories of Combined Minimum Minimum age Supplementary of cultural goods Nomenclatur age financial units goods e (CN) threshold units threshold (CN) Chapter, (in euro) Heading or Subheading (j) postage, ex 9704 More than 250More than 50 000 number of items revenue and posta 250 years years old items (p/st) ge, revenue old and similar stamps, singly or in collections;
Amendment 263 #
Proposal for a regulation
Annex – table – point k
Annex – table – point k
Categories of Combined Minimum Minimum age Supplementary of cultural goods Nomenclatur age financial units goods e (CN) threshold threshold units (CN) Chapter, (in euro) Heading or Subheading (k) archives, ex 3704; ex 3705; More than 250 50 000 number of items including sound, archi ex 37065; ex 4901; 250 years old items (p/st) photographic andves, 3706; ex old including ex 49061; ex 9705; cinematographic ex 9706 sound, 4906;ex photographic 9705; ex and 9706 cinematogra phic archives;
Amendment 266 #
Proposal for a regulation
Annex – table – point l
Annex – table – point l
Categories of Combined Minimum Minimum age Supplementary of cultural goods Nomenclature age financial units goods e (CN) threshold units threshold (CN) Chapter, (in euro) Heading or Subheading (l) articles of ex 9706 More than 250 50 000 number of items furniture and old articl years old (p/st) 250 years items (p/st) es of old furniture and old musical instruments.