Activities of Piotr BORYS related to 2013/0162(COD)
Plenary speeches (1)
Return of cultural objects unlawfully removed from the territory of a Member State (debate)
Amendments (3)
Amendment 37 #
Proposal for a directive
Recital 8
Recital 8
(8) ApplicationThe objective of Directive 93/7/EEC was to ensure the physical return of the cultural objects to the Member State from whose territory these objects have been unlawfully removed irrespective of the property rights to such objects. The application of that Directive has shown the limitations of the arrangements for securing the return of objects classified as national treasures which have been unlawfully removed from the territory of a Member State and discovered in the territory of another Member State. The national reports on the application of that Directive have pointed to its infrequent application due in particular to the limitation of its scope, the short period of time allowed to initiate return proceedings and the costs associated with return proceedings.
Amendment 42 #
Proposal for a directive
Recital 10
Recital 10
(10) The scope of this Directive must should extend to any cultural object classified as aor defined as being one of the national treasures possessing artistic, historic or archaeological value under national legislation or administrative procedures within the meaning of Article 36 of the Treaty. The criterion of falling under one of the categories referred to in the Annex to Directive 93/7/EEC should therefore be removed and thus the Annex itself should be deleted and the criterion of forming an integral part of public collections listed in the inventories of museums, archives and libraries' conservation collections or the inventories of ecclesiastical institutions should also be removed. The diversity of national arrangementsis Directive would thus cover cultural objects such as objects of historical, paleontological, ethnographic, numismatic interest or scientific value, whether or not they form protecting cultural objects is recognised in Article 36 of the Treaty. In this contextart of public or other collection or are single items, provided that they are classified or defined as national treasures. Furthermore, cultural objects classified or defined as national treasures would not have to comply with thresholds related to their age and/or to their financial value to qualify for the return under this Directive. Taking into account that the diversity of national arrangements for protecting national treasures is recognised in Article 36 of the Treaty, mutual trust, a willingness to cooperate and mutual understanding between Member States are therefore essential.
Amendment 49 #
Proposal for a directive
Recital 14
Recital 14
(14) The time-limit for bringing return proceedings should be set at three years after the requesting Member State became aware of the location of the cultural object and of the identity of its possessor or holder. In the interests of clarity, it should be stipulated that the time-limit for bringing proceedings begins on the date on which the information came to the knowledge of the central authority of the requesting Member State. Directive 93/7/EEC provided that such proceedings may not, at all events, be brought more than 30 years after the object was unlawfully removed from the territory of the requesting Member State. However, in the case of objects forming part of public collections and ecclesiastical goods in the Member States where they are subject to special protection arrangements under national law, return proceedings are subject to a longer time-limit under certain circumstances. Due to the fact that Member States may have special protection arrangements under national law with religious institutions which lack ecclesiastical structure, this Directive should also extend to those other religious institutions.