36 Amendments of Sabine VERHEYEN related to 2017/0158(COD)
Amendment 81 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation sets out the conditions and procedure for the entry of cultural goods into the customs territory of the Union.
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 91 #
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 threshold specified thereinthat is listed in the table in Annex;
Amendment 96 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) The 'entry' of cultural goods shall comprise the release of goods for free circulation under Article 201 of Regulation 952/2013, as well as the placement of goods under the special customs procedures detailed in Article 210 of Regulation 952/2013, storage, which shall comprise customs warehousing and free zones; specific use, which shall comprise temporary admission and end-use; processing, which shall comprise inward and outward processing.
Amendment 98 #
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 the country that has such a close tie with the cultural goods that it views these goods as its cultural heritage and protects them as such, meaning it legally regulates their export;
Amendment 103 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
Amendment 107 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
Amendment 108 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
Amendment 112 #
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 ofcategories of cultural goods within the table in the Annex following amendments in the Combined Nomenclature and to amend the minimum age threshold in the third column of the tableparagraphs B and C in the Annex in the light of experience gathered during the implementation of this Regulation.
Amendment 115 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Cultural goods entering the customs territory of the Union
Amendment 120 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The unlawful import of cultural goods into the customs territory of the European Union from the territory of the country of origin is illegal.
Amendment 122 #
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. The entry of cultural goods listed in Annex B and C is only permitted upon presentation of an import licence in accordance with Article 4, or a statement by the importer made out in accordance with Article 5.
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
1c. The import licence/importer's statement under Article 1 must be attached to the customs declaration.
Amendment 124 #
Proposal for a regulation
Article 3 – paragraph 1 d (new)
Article 3 – paragraph 1 d (new)
1d. 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 137 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Reintroduced cultural goods under Article 203 of Regulation 952/2013;
Amendment 141 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The import licence does not legally prove the goods were lawfully exported from the country of origin, nor does it prove legal ownership.
Amendment 142 #
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 146 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. 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 147 #
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2b. The previous paragraph 2a does not apply to cultural goods that originate and have been imported from conflict- affected areas or high-risk areas. These goods require a legal export licence from the country of origin, or an export licence in accordance with paragraph 2c.
Amendment 148 #
Proposal for a regulation
Article 4 – paragraph 2 c (new)
Article 4 – paragraph 2 c (new)
2c. If the country of origin of the cultural good cannot be ascertained beyond a shadow of a doubt, the application for an import licence shall be accompanied by any supporting documents and information substantiating that the cultural goods spent at least 10 years in the last country they were imported from, and that they were imported from that country in accordance with its laws and regulations.
Amendment 149 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The competent authority of the first importing 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. The competent authority of the first importing Member State shall verify whether paragraph 2c applies.
Amendment 152 #
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. The competent authority shall, within 90 days of the submission of the complete application, examine the application and decide to issue the import licence or reject the application. It mayust reject the application on the following grounds:
Amendment 164 #
Proposal for a regulation
Article 4 – paragraph 4 – point c a (new)
Article 4 – paragraph 4 – point c a (new)
ca) This applies to cultural goods coming from conflict-affected areas or high-risk areas without a legal export licence from the country of origin or the exporting country in accordance with paragraph 2c.
Amendment 170 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. If an application for an import licence is rejected, then this requires a detailed justification, including information on the applicable opposition proceedings.
Amendment 172 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The Commission mayshall establish, by means of implementing acts, the template for the application for the import licence as well as the procedural rules on the submission and processing of such an application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.
Amendment 175 #
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 theentry of cultural goods referred to in Annex C shall be subject to the submission of an importer statement to the customs authorities of the Member State of entry.
Amendment 181 #
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 beenis should consist of the following: - standardised document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities; - any additional documents and information substantiating that the cultural good in question was exported legally from the source country of origin and in accordance with ithat country’s 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 declarationIf no official documents can be submitted for legal reasons, the importer shall submit a statement signed by the holder of the goods that the goods have been exported from thate source country in accordance with its laws and regulations.
Amendment 185 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 a (new)
Article 5 – paragraph 2 – subparagraph 1 a (new)
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 186 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 b (new)
Article 5 – paragraph 2 – subparagraph 1 b (new)
The previous paragraph does not apply to cultural goods from conflict-affected areas or high-risk areas.
Amendment 187 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 c (new)
Article 5 – paragraph 2 – subparagraph 1 c (new)
If the country of origin of the cultural goods cannot be ascertained beyond a shadow of a doubt, the importer statement shall contain a declaration signed by the legal holder of the goods stating that they spent at least 10 years in the country they were exported from last, and that they were exported according to the laws and regulations of that country.
Amendment 188 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Amendment 193 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission mayshall adopt, by means of implementing acts, the template for the importer statement as well as the procedural rules on the 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 204 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Where Member States restrict the number of customs offices competent to releaseimport cultural goods for free circulation or to place them under a special procedure other than transit, they shall communicate the details of those customs offices as well as any changes in that respect to the Commission.
Amendment 214 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a In tandem with the European External Action Service and the OECD, the Commission is drafting non-binding guidelines in the shape of a handbook that explains how best to apply criteria for determining conflict-affected areas and high-risk areas. That handbook shall be based on the definition of 'conflict- affected and high-risk' areas set out in Article X(letter) of this Regulation and shall take into account the OECD Due Diligence Guidance in this field, including other supply chain risks triggering red flags as defined in the relevant supplements to that Guidance. The Commission shall call upon external expertise that will provide an indicative, non-exhaustive, regularly updated list of conflict-affected and high-risk areas. This list is based on analyses from the handbook mentioned in paragraph 1 that have been conducted by experts, as well as on information from academic research and due diligence systems for supply chains. Union importers sourcing from areas which are not mentioned on that list shall also maintain their responsibility to comply with the due diligence obligations under this Regulation.
Amendment 218 #
Proposal for a regulation
Annex – table
Annex – table
Amendment 219 #
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 Part A Cultural goods covered by Article 3 (1) (a) Rare collections and specimens of fauna, flora, minerals and anatomy, and objects of paleontological interest; (b) property relating to 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; (c) products of archaeological excavations (including regular and clandestine) or of archaeological discoveries on land and underwater; (d) elements of artistic or historical monuments or archaeological sites which have been dismembered; (e) antiquities more than one hundred years old, such as inscriptions, coins and engraved seals; (f) objects of ethnological interest; (g) objects of artistic interest such as: (i) pictures, paintings and drawings produced entirely by hand on any support and in any material (excluding industrial designs and manufactured articles decorated by hand); (ii) original works of statuary art and sculpture in any material; (iii) original engravings, prints and lithographs; (iv) original artistic assemblages and montages in any material; (h) rare manuscripts and incunabula; (i) old books, documents and publications of special interest (historical, artistic, scientific, literary, etc.) singly or in collections; (j) postage, revenue and similar stamps, singly or in collections; (k) archives, including sound, photographic and cinematographic archives; (l) articles of furniture more than one hundred years old and old musical instruments. Part B Cultural goods covered by Article 4 Categories of Combined Minimum age Supplementary cultural goods Nomenclature threshold units (CN) Chapter, Heading or Subheading (a) Products ex 9705; ex 9706 More than 250 number of items of archaeological years old (p/st) excavations, including regular or clandestine, or of archaeological discoveries on land or underwater; (b) elements ex 9705; ex 9706 More than 250 number of items of artistic or years old (p/st) historical monuments or archaeological sites which have been dismembered; (c) rare ex 9702; ex 9706; More than 250 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 Part C Cultural goods covered by Article 5 Categories of Combined Minimum age Supplementary cultural goods Nomenclature threshold units (CN) Chapter, Heading or Subheading (a) Rare ex 9705 More than 250 number of items collections and years old (p/st) specimens of fauna, flora, minerals and anatomy, and objects of paleontological interest; (b) property ex 9705 More than 250 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; (c) ex 9706 More than 250 number of items antiquitie years old (p/st) s, such as inscriptions, coins and engraved seals; (d) objects of ex 9705 More than 250 number of items ethnological years old (p/st) interest; (e) objects of / / / artistic interest, such as: (i) pictures, ex 9701 More than 250 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; (ii) original ex 9703 More than 250 number of items works of statuary art and sculpture years old (p/st) in any material; (iii) original ex Chapter 49; ex More than 250 number of items engravings, 9702; years old (p/st) prints and lithographs; (iv) original ex 9701 More than 250 number of items artistic years old (p/st) assemblages and montages in any material; (f) old books, ex 9705; ex 9706 More than 250 number of items documents and years old (p/st) publications of special interest, singly or in collections; (g) postage, ex 9704 More than 250 number of items revenue and years old (p/st) similar stamps, singly or in collections; (h) archives, ex 3704; ex 3705; More than 250 number of items including sound, ex 3706; ex 4901; years old (p/st) photographic and ex 4906; cinematographic ex 9705; ex 9706 archives; (i) articles of ex 9706 More than 250 number of items furniture and old years old (p/st) musical instruments.