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Procedure completed



2013/0162(COD) Return of cultural objects unlawfully removed from the territory of a Member State. Recast
RoleCommitteeRapporteurShadows
Lead CULT VERGIAT Marie-Christine (GUE/NGL) SCURRIA Marco (PPE), PALIADELI Chrysoula (S&D), TAKKULA Hannu (ALDE), BENARAB-ATTOU Malika (Verts/ALE), MIGALSKI Marek Henryk (ECR)
Opinion JURI LEHNE Klaus-Heiner (PPE)
Lead committee dossier: CULT/7/12867
Legal Basis TFEU 114

Activites

  • 2014/05/28 Final act published in Official Journal
  • 2014/05/15 Final act signed
  • 2014/05/15 End of procedure in Parliament
  • #3311
  • 2014/05/08 Council Meeting
  • 2014/05/08 Act adopted by Council after Parliament's 1st reading
  • 2014/04/16 Results of vote in Parliament
    • Results of vote in Parliament
    • T7-0416/2014 summary
  • 2014/04/15 Debate in Parliament
  • 2014/01/28 Committee report tabled for plenary, 1st reading/single reading
    • A7-0058/2014 summary
  • 2014/01/21 Vote in committee, 1st reading/single reading
  • #3275
  • 2013/11/25 Council Meeting
    • 3275 summary
  • 2013/06/10 Committee referral announced in Parliament, 1st reading/single reading
  • 2013/05/30 Legislative proposal published
    • COM(2013)0311 summary
    • DG {'url': 'http://ec.europa.eu/enterprise/', 'title': 'Enterprise and Industry'}, TAJANI Antonio

Documents

AmendmentsDossier
45 2013/0162(COD)
2013/12/09 CULT 45 amendments...
source: PE-524.503

History

(these mark the time of scraping, not the official date of the change)

activities/0/docs/0/celexid
CELEX:52013PC0311:EN
activities/11/docs/2
url
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2015:147:TOC
title
OJ L 147 12.06.2015, p. 0024
activities/11/text/0
Old

PURPOSE: to allow the return of cultural objects classified or defined by a Member State as being among national treasures, which have been unlawfully removed from the territory of that Member State.

LEGISLATIVE ACT: Directive 2014/60/EU of the European Parliament and of the Council on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 (Recast)

CONTENT: this Directive recasts Directive 93/7/EEC and applies to the return of cultural objects classified or defined by a Member State as being among national treasures, which have been unlawfully removed from the territory of that Member State after 1 January 1993.

Extension of the scope of the legislation: the scope of the Directive is extended to all cultural objects classified or defined by a Member State, as being among the national treasures possessing artistic, historic or archaeological value under national legislation or administrative procedures within the meaning of Article 36 TFEU.

The Directive should thus cover objects of historical, paleontological, ethnographic, numismatic interest or scientific value, whether or not they form part of public or other collections or are single items, and whether they originate from regular or clandestine excavations, provided that they are classified or defined as national treasures.

Furthermore, cultural objects classified or defined as national treasures should no longer have to belong to categories or comply with thresholds related to their age and/or financial value in order to qualify for return under the Directive.

Administrative cooperation between Member States: the Directive requires that central authorities cooperate efficiently with each other and exchange information relating to unlawfully removed cultural objects through the use of the Internal Market Information System (‘IMI’) provided for by Regulation (EU) No 1024/2012 of the European Parliament and of the Council. In order to improve cooperation, a module of the IMI system specifically customised for cultural objects is established.

The exchange of information will be conducted using the IMI in accordance with the applicable legal provisions on the protection of personal data and privacy, without prejudice to the possibility for the competent central authorities to use other means of communication in addition to the IMI.

Extension of time-limits:

·        Member States will have six months, instead of the current two months, to check that the object discovered in another Member State is a national treasure. This longer period should allow Member States to take the necessary measures to preserve the cultural object and, where appropriate, prevent any action to evade the return procedure.

·        The time-limit for bringing return proceedings is also extended to three years (rather than one year) after the Member State from whose territory the cultural object was unlawfully removed became aware of the location of the cultural object and of the identity of its possessor or holder.

Such proceedings may, in any event, not 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 objects belonging to inventories of ecclesiastical or other religious institutions in the Member States where they are subject to special protection arrangements under national law, return proceedings shall be subject to a time-limit of 75 years.

Compensation for the possessor: where return of the object is ordered, the Directive provides that the competent court in the requested Member State shall award the possessor fair compensation according to the circumstances of the case, provided that the possessor demonstrates that he exercised due care and attention in acquiring the object.

Report: by 18 December 2015 and every five years thereafter, Member States shall submit to the Commission a report on the application of this Directive. Every five years the Commission shall present a report reviewing the application and effectiveness of this Directive, accompanied, if necessary, by appropriate proposals.

ENTRY INTO FORCE: 17.06.2014.

TRANSPOSITION: by 18.12.2015.

New

Corrigendum to Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 (Official Journal of the European Union L 159 of 28 May 2014).

In the title:

  • for: ‘Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 (Recast)’,
  • read: ‘Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 (Recast) (Text with EEA relevance)’.

In Article 17 (Report) paragraph 1:

  • for: ‘1. By 18 December 2015 and every five years thereafter, Member States shall submit to the Commission a report on the application of this Directive.’
  • read: ‘1. By 18 December 2020 and every five years thereafter, Member States shall submit to the Commission a report on the application of this Directive.’
links/European Commission/title
Old
PreLex
New
EUR-Lex
activities
  • date: 2013-05-30T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=311 title: COM(2013)0311 type: Legislative proposal published celexid: CELEX:52013PC0311:EN body: EC type: Legislative proposal published commission: DG: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry Commissioner: TAJANI Antonio
  • date: 2013-06-10T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: PPE name: SCURRIA Marco group: S&D name: PALIADELI Chrysoula group: ALDE name: TAKKULA Hannu group: Verts/ALE name: BENARAB-ATTOU Malika group: ECR name: MIGALSKI Marek Henryk responsible: True committee: CULT date: 2013-06-25T00:00:00 committee_full: Culture and Education rapporteur: group: GUE/NGL name: VERGIAT Marie-Christine body: EP responsible: False committee: JURI date: 2013-06-19T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE name: LEHNE Klaus-Heiner
  • body: CSL meeting_id: 3275 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3275*&MEET_DATE=25/11/2013 type: Debate in Council title: 3275 council: Education, Youth, Culture and Sport date: 2013-11-25T00:00:00 type: Council Meeting
  • date: 2014-01-21T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: PPE name: SCURRIA Marco group: S&D name: PALIADELI Chrysoula group: ALDE name: TAKKULA Hannu group: Verts/ALE name: BENARAB-ATTOU Malika group: ECR name: MIGALSKI Marek Henryk responsible: True committee: CULT date: 2013-06-25T00:00:00 committee_full: Culture and Education rapporteur: group: GUE/NGL name: VERGIAT Marie-Christine body: EP responsible: False committee: JURI date: 2013-06-19T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE name: LEHNE Klaus-Heiner
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2014-0058&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0058/2014 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP shadows: group: PPE name: SCURRIA Marco group: S&D name: PALIADELI Chrysoula group: ALDE name: TAKKULA Hannu group: Verts/ALE name: BENARAB-ATTOU Malika group: ECR name: MIGALSKI Marek Henryk responsible: True committee: CULT date: 2013-06-25T00:00:00 committee_full: Culture and Education rapporteur: group: GUE/NGL name: VERGIAT Marie-Christine body: EP responsible: False committee: JURI date: 2013-06-19T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE name: LEHNE Klaus-Heiner date: 2014-01-28T00:00:00
  • date: 2014-04-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20140415&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2014-04-16T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=24071&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0416 type: Decision by Parliament, 1st reading/single reading title: T7-0416/2014 body: EP type: Results of vote in Parliament
  • date: 2014-05-08T00:00:00 body: CSL type: Council Meeting council: Foreign Affairs meeting_id: 3311
  • date: 2014-05-08T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2014-05-15T00:00:00 body: CSL type: Final act signed
  • date: 2014-05-15T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2014-05-28T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014L0060 title: Directive 2014/60 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:159:TOC title: OJ L 159 28.05.2014, p. 0001
committees
  • body: EP shadows: group: PPE name: SCURRIA Marco group: S&D name: PALIADELI Chrysoula group: ALDE name: TAKKULA Hannu group: Verts/ALE name: BENARAB-ATTOU Malika group: ECR name: MIGALSKI Marek Henryk responsible: True committee: CULT date: 2013-06-25T00:00:00 committee_full: Culture and Education rapporteur: group: GUE/NGL name: VERGIAT Marie-Christine
  • body: EP responsible: False committee: JURI date: 2013-06-19T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE name: LEHNE Klaus-Heiner
links
National parliaments
European Commission
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry commissioner: TAJANI Antonio
procedure
dossier_of_the_committee
CULT/7/12867
Mandatory consultation of other institutions
Economic and Social Committee
reference
2013/0162(COD)
subtype
Recast
legal_basis
Treaty on the Functioning of the EU TFEU 114
stage_reached
Procedure completed
summary
instrument
Directive
Modified legal basis
Rules of Procedure of the European Parliament EP 150
title
Return of cultural objects unlawfully removed from the territory of a Member State. Recast
type
COD - Ordinary legislative procedure (ex-codecision procedure)
final
subject