Activities of Chrysoula PALIADELI related to 2013/0162(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the return of cultural objects unlawfully removed from the territory of a Member State (recast) PDF (284 KB) DOC (334 KB)
Amendments (16)
Amendment 34 #
Proposal for a directive
Recital 2
Recital 2
(2) The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the Treaty. These provisions, as provided for in Article 36 of the Treaty on the Functioning of the European Union, do not preclude prohibitions or restrictions justified on grounds of the protection of national treasures possessing artistic, historic or archaeological value.
Amendment 36 #
Proposal for a directive
Recital 4
Recital 4
(4) Directive 93/7/EEC introduced arrangements enabling Member States to secure the return to their territory of cultural objects which are classified as national treasures within the meaning of Article 36 of the Treaty, fall under the common categories of cultural object referred to in the Treaty’s Annex and have been removed from their territory in breach of the above-mentioned national measures or of Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods23; and cultural objects classified as national treasures and forming an integral part of public collections or inventories of ecclesiastical institutions but which do not fall within these common categories ; and cultural goods originating from illegal excavations. __________________ 23 OJ L 395, 31.12.92, p. 1. OJ L 39, 10.02.09, p. 1.
Amendment 39 #
Proposal for a directive
Recital 9
Recital 9
(9) The Member States should have common European arrangements at their disposal to ensure that the unlawful removal of a cultural object classified as a national treasure of a Member State to another Member State does not present the same risk asis treated as the illegal export of a European treasure in the event of its illegal export outside the Union.
Amendment 40 #
Proposal for a directive
Recital 10
Recital 10
(10) The scope of this Directive must extend to any cultural object classified as a national treasure 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 publicMember States should be coallections listed d upon to define the inventories of museums, archives and libraries' conservation collections or the inventories of ecclesiastical institutions should also bscope of the term ‘national treasure’ within the framework of Article 36 of the Tremovedaty. The diversity of national arrangements for protecting cultural objects is recognised in Article 36 of the Treaty. In this context, mutual trust, a willingness to cooperate and mutual understanding between Member States are therefore essentialreciprocal acceptance of definitions of ‘national treasure’, a willingness to cooperate and mutual understanding between Member States are essential to prevent the illegal export of cultural goods within and outside the European Union.
Amendment 45 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Member States should submit a definition of ‘national treasure’.
Amendment 46 #
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11b) It is desirable for the success of this Directive that the national legislation of each Member State should be posted online not only for information purposes but also to promote exchanges of good practices.
Amendment 47 #
Proposal for a directive
Recital 11 c (new)
Recital 11 c (new)
(11c) To improve the application of this Directive and cooperation between Member States, the central authorities of the Member States should communicate information about cultural objects that have been stolen or illegally removed from their country, including finds from illegal excavations.
Amendment 48 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) For the purposes of the integration of this Directive in the IMI system, a special framework must be established adapted to the specificity of cultural goods, as an object completely differentiated from other goods falling under Article 36 of the Treaty.
Amendment 52 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) For the smooth implementation of this Directive, an advisory committee of national experts must be set up as a body which will be involved in adapting the IMI system to the specific features of cultural objects, contribute to the exchange of good practices between Member States and identify any problems that may arise from the implementation of this Directive.
Amendment 55 #
Proposal for a directive
Article 1 – point 1
Article 1 – point 1
1) ‘Cultural object’ shall mean an object which: is classified, before or after its unlawful removal from the territory of a Member State, among the ‘national treasures possessing artistic, historic or archaeological value’ under national legislation or administrative procedures within the meaning of Article 36 of the Treaty, even if it has not yet been registered or originates from illegal excavations.
Amendment 60 #
Proposal for a directive
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
8a) ‘public collections’ shall also mean private collections in so far as they are supervised in any way by the central authorities of the Member State.
Amendment 61 #
Proposal for a directive
Article 1 – point 8 b (new)
Article 1 – point 8 b (new)
8b) ‘IMI’ shall mean a section of the Internal Market Information System specially adapted to the requirements of cultural objects.
Amendment 65 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
The exchange of information shall be conducted using the IMIrelating to a trafficked product shall be conducted using the IMI system, specially adapted to the requirements arising from the nature of the product, as a cultural good and national treasure.
Amendment 69 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
The possessor may not claim to have acted in good faith and thus claim compensation if he failed to exercise the level of due care and attention required by the circumstances.
Amendment 74 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Each Member State may apply the arrangements provided for by this Directive toIn order to serve the objectives of this Directive, each Member State shall use the appropriately adjusted IMI system in addressing requests for the return of cultural objects unlawfully removed from the territory of other Member States prior to 1 January 1993.
Amendment 75 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission shall send the European Parliament, the Council and the European Economic and Social Committee, every five years, a report reviewing the application of this Directive. The report shall be accompanied by any appropriate proposals aimed at improving this Directive.