Procedure : 2017/0158(COD)
Document stages in plenary
Document selected : A8-0308/2018

Texts tabled :

A8-0308/2018

Debates :

PV 24/10/2018 - 19
CRE 24/10/2018 - 18
CRE 24/10/2018 - 19

Votes :

PV 25/10/2018 - 13.1
CRE 25/10/2018 - 13.1
Explanations of votes
PV 12/03/2019 - 9.20

Texts adopted :

P8_TA(2018)0418
P8_TA(2019)0154

REPORT     ***I
PDF 1298kWORD 206k
9.10.2018
PE 619.292v02-00 A8-0308/2018

on the proposal for a regulation of the European Parliament and of the Council on the import of cultural goods

(COM(2017)0375 – C8‑0227/2017 – 2017/0158(COD))

Committee on International Trade

Committee on the Internal Market and Consumer Protection

Rapporteurs: Alessia Maria Mosca, Daniel Dalton

(Joint committee procedure – Rule 55 of the Rules of Procedure)

Rapporteur for the opinion (*):

Santiago Fisas Ayxelà

Committee on Culture and Education

(*)  Associated committee – Rule 54 of the Rules of Procedure

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Culture and Education
 OPINION of the Committee on Civil Liberties, Justice and Home Affairs
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on the import of cultural goods

(COM(2017)0375 – C8‑0227/2017 – 2017/0158(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2017)0375),

–  having regard to Article 294(2) and Article 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0227/2017),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–    having regard to Rule 59 of its Rules of Procedure,

–  having regard to the joint deliberations of the Committee on International Trade and the Committee on the Internal Market and Consumer Protection under Rule 55 of the Rules of Procedure,

–  having regard to the report of the Committee on International Trade and the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Culture and Education and the Committee on Civil Liberties, Justice and Home Affairs (A8-0308/2018),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1)  In the light of the Council Conclusions of 12 February 2016 on the fight against the financing of terrorism, the Communication from the Commission to the European Parliament and the Council on an Action Plan for strengthening the fight against terrorist financing24 and the Directive on combating terrorism25 , common rules on trade with third countries should be enacted so as to ensure the effective protection against the loss of cultural goods, the preservation of humanity's cultural heritage and the prevention of terrorist financing through the selling of looted cultural heritage to buyers in the Union.

(1)  In the light of the Council Conclusions of 12 February 2016 on the fight against the financing of terrorism, the Communication from the Commission to the European Parliament and the Council on an Action Plan for strengthening the fight against terrorist financing24 and the Directive on combating terrorism25 , common rules on trade with third countries should be enacted so as to ensure the effective protection against trafficking, the loss or destruction of cultural goods, the preservation of humanity's cultural heritage and the prevention of terrorist financing and money laundering through the selling of looted cultural heritage to buyers in the Union.

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24 COM(2016) 50 final.

24 COM(2016) 50 final.

25 Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA; OJ L 88, 31.3.2017, p.6-21

25 Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA; OJ L 88, 31.3.2017, p.6-21

Amendment    2

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1 a)  With regard to the Union's commitment to fair processes and victim compensation, as well as the constitution and conventions on heritage protection of the United Nations Educational, Scientific and Cultural Organization (UNESCO), the restitution of objects traded, excavated or obtained illegally must be ensured. With respect to the exploitation of peoples and territories that usually leads to the illicit trade and trafficking in cultural goods, in particular when such illicit trade and trafficking originates from a context of armed conflict, this Regulation should take into account regional and local characteristics of people and territories, rather than the market value of cultural production.

Amendment    3

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2)  Cultural heritage constitutes one of the basic elements of civilisation, it enriches the cultural life of all peoples and it should therefore be protected from unlawful appropriation and pillage. The Union should accordingly prohibit the entry in the customs territory of the Union of cultural goods unlawfully exported from third countries.

(2)  Cultural goods are often of major cultural, artistic, historical and scientific importance. Cultural heritage constitutes one of the basic elements of civilisation with, inter alia, symbolic value and cultural memory of humankind. It enriches the cultural life of all peoples and it unites people in shared memory knowledge and development of civilization. It should therefore be protected from unlawful appropriation and pillage. Looting of archaeological sites has always happened, but has now reached an industrial scale. As long as it is possible to engage in lucrative trade in illegally excavated cultural goods and to profit therefrom without any notable risks, such excavations and looting will continue into the future. The economic and artistic value of cultural heritage creates a strong demand on the international market, whereas the lack of strong international legal measures or enforcement of such measures leads to the transfer of such goods to the shadow economy. Looting of archaeological sites and trading in illegally excavated cultural heritage is a serious crime that causes significant suffering to those directly or indirectly affected. The illicit trade in cultural goods in many cases contributes to forceful cultural homogenisation or expulsion, while the looting and pillage of cultural goods leads, inter alia, to the disintegration of cultures. The Union should accordingly prohibit the import into the customs territory of the Union of cultural goods unlawfully exported from third countries, with particular emphasis on cultural goods from third countries affected by armed conflicts, in particular where such goods have been exported by terrorist or other criminal organisations.

Amendment    4

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2 a)  The competent authorities of third countries do not always have sufficient capabilities to fight the trafficking of cultural goods trafficking and illegal trade. They might also be subject to corruption or other forms of maladministration. When cultural goods are removed from their context, the population is deprived of its customs and objects or places of remembrance and worship. The historical context and scientific value of objects are lost if associated items are sold separately. In view of the irreplaceability of cultural goods and the public interest, it should only be possible to possess such items on a conditional basis. The import procedure must include an assurance of subsequent appropriate storage, documentation, accessibility granted to academic institutions and public museums, and cooperation in the case of justified restitution claims.

Amendment    5

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3)  In view of different rules applying in the Member States regarding the entry of cultural goods into the customs territory of the Union, measures should be taken in particular to ensure that imports of cultural goods are subject to uniform controls upon their entry.

(3)  In view of different rules applying in the Member States regarding the import of cultural goods into the customs territory of the Union, measures should be taken in particular to ensure that certain imports of cultural goods are subject to uniform controls upon their entry into the customs territory of the Union, on the basis of existing processes, procedures and administrative tools aiming to achieve a uniform implementation of Regulation (EU) No 952/2013 of the European Parliament and of the Council1a.

 

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1a Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

Amendment    6

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4)  The common rules should cover the customs treatment of non-Union cultural goods entering the customs territory of the Union, i.e. both their release for free circulation as well as their placement under a special customs procedure other than transit.

(4)  The common rules should cover the introduction and import of non-Union cultural goods into the customs territory of the Union.

Amendment    7

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5)  Given the known potential of free zones (and so-called "free ports") for the purpose of storing cultural goods, the control measures to be put in place should have as broad a scope as possible in terms of customs procedures concerned. Those control measures should therefore not only concern goods released for free circulation but also goods placed under a special customs procedure. However, such a broad scope should not go against the principle of freedom of transit of goods nor go beyond the objective of preventing illicitly exported cultural goods from entering the customs territory of the Union. Accordingly, while encompassing special customs procedures under which goods entering the customs territory of the Union may be placed, control measures should exclude transit.

(5)  Control measures to be put in place regarding free zones (and so-called “free ports”) should have as broad a scope as possible in terms of customs procedures concerned in order to prevent circumvention of this Regulation by the exploitation of free zones, which represent potential background areas for the continued proliferation of trade in illegal products in the Union. Those control measures should therefore not only concern goods released for free circulation but also goods placed under a special customs procedure. However, such a broad scope should not go beyond the objective of preventing illicitly exported cultural goods from entering the customs territory of the Union, except when competent authorities have reasonable grounds to believe that cultural goods have been exported from the source or the third country in violation of its laws and regulations.

Amendment    8

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6)  The definitions based on those used in 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 and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects signed in Rome on 24 June 1995, to which a significant number of Member States are a party, should be used in the Regulation, considering the familiarity of many third countries and most Member States with their provisions.

(6)  The definitions based on those used in 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’) and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects signed in Rome on 24 June 1995, to which a significant number of Member States are a party, should be used in the Regulation, considering the familiarity of many third countries and most Member States with their provisions.

Amendment    9

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(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, when 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 exported from there legally, when the third 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 country.

(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 or removed, excavated or stolen from land or underwater of such country, or the country which has such a close connection with the cultural goods that that country protects them as national cultural property and regulates their export from its territory upon their lawful removal from the country in which the cultural goods were created or discovered; ('source country'). In order to avoid circumvention, when 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 the source country. In exceptional cases where either the source country of the cultural good cannot be reliably determined and that circumstance is considered to be well documented and supported by evidence by the competent authority or the cultural goods have been exported from the source country prior to 1970 and were held in a third country for purposes other than temporary use, transit, export or dispatch before being brought into the customs territory of the Union, but the holder cannot provide the documents required since such documents were not in use at the time the cultural goods were exported from the source country, the application shall be accompanied by the appropriate supporting documents and information substantiating that the cultural goods in question have been exported from the third country in accordance with its laws and regulations or providing evidence of the absence of such laws and regulations.

Amendment    10

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission

Amendment

 

(7a)  The protection against illegal import, export and transfer of own cultural goods of tMember States which are Parties to the 1970 UNESCO Convention is supported by the measures provided for in Article 5 of that Convention which calls for the establishment of at least one national service for the protection of cultural heritage, equipped with sufficient number of qualified personnel. The necessary active collaboration in the area of security and fight against illegal import of cultural goods, especially in areas of crisis, with the competent authorities of Member States which are Parties to that Convention, is also facilitated by that Convention. Those Member States should comply with the commitments provided for in the Convention and those Member States that have not yet done so should urgently proceed to ratify it.

Amendment    11

Proposal for a regulation

Recital 7 b (new)

Text proposed by the Commission

Amendment

 

(7b)  In light of the fact that Article 5 of the 1970 UNESCO Convention calls for the establishment of one or more national services, equipped with qualified personnel and sufficient in number, in order to ensure the protection of their own cultural goods against illegal import, export and transfer, as well as the need for active collaboration with the competent authorities of third countries in the area of security and fight against illegal import of cultural goods, especially in areas of crisis, States which are Parties to the 1970 UNESCO Convention should comply with the commitments provided for in thatConvention and those Member States that have not yet done so, are urgently required to ratify it.

Amendment    12

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(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 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.

(8)  In order not to impede trade in goods across the Union´s external borders disproportionately, this Regulation should only apply to goods meeting a certain age and value limit. For that purpose, it seems appropriate to set a minimum age threshold for most of the categories of cultural goods, in line with Regulation (EC) No 116/2009, the provisions of the 1970 UNESCO Convention and of the 1995 UNIDROIT Convention, and a financial threshold for certain categories of cultural goods as stated in Annex I. 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 theft, 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.

Amendment    13

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(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 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 licit export from the source country with the appropriate supportive documents and evidence, in particular, export certificates or 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.

(10)  Since certain categories of cultural goods, namely archaeological objects, and elements of monuments 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 intended import prior to the import into the customs territory of the Union. Persons seeking to obtain such a licence should be able to prove that the cultural goods have been exported from the source country or, in exceptional cases, from the third country, in accordance with the laws and regulations of that source or third country or to prove the absence of such laws and regulations. With due account of risk and application of due diligence principles, the licit export from the source country or, in exceptional cases, from the third country should be proved with the appropriate supportive documents and evidence (export certificates or export licences issued by the source country, a standardised document following the Object ID standard, which represents the international standard for describing cultural objects, ownership titles, invoices, sales contracts, insurance documents, transport documents), substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations. Where supporting documents are not available, the application should include an expert appraisal if deemed necessary by the competent authority. Based on complete and accurate applications, the competent authorities of the Member States should decide whether to issue a licence without undue delay, and within the timescales specified.

Amendment    14

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission

Amendment

 

(10 a)  Taking into account the particular nature of the goods, the role of the cultural experts within the customs authorities is extremely relevant since they should be able, where necessary, to require additional information from the declarant and to analyse the cultural goods by means of a physical examination.

Amendment    15

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11)  For other categories of cultural goods, the persons seeking to introduce them into the customs territory of the Union should, by means of a 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 a 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 declarant, in order to ensure traceability after the goods enter the internal market.

(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 source country or, in exceptional cases, 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. A standardised document following the Object ID standard, recommended by UNESCO, should be used to describe the cultural goods. The electronic statement should also include the export certificates or licences issued by the source country or, in exceptional cases, from the third country, providing evidence that the cultural goods in question were exported from that country in accordance with the laws and regulations of that source or third country or providing evidence of the absence of such laws and regulations. In case the source or third country’s legislation does not foresee the issue of export licences or certificates, the importer statement should also include any other appropriate supportive documents and evidence, including ownership titles, invoices, sales contracts, insurance documents, and transport documents. Those cultural goods should be electronically registered and the declarant should be provided with a copy of the relevant documents, in order to ensure traceability after the goods enter the internal market. The information given to the competent authorities in the form of electronic statement should enable them to take further action where, based upon a risk analysis, they believe those goods may be the subject of illicit import.

Amendment    16

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12)  Temporary admission of cultural goods for educational, scientific or academic research purposes should not be subject to the presentation of a licence or of a statement.

(12)  Temporary admission of cultural goods for educational, scientific, performing arts, conservation, restoration, digitisation, academic research purposes and for the purpose of cooperation between museums or other non-profit institutions for the organisation of cultural exhibitions should not be subject to the presentation of an import licence or of an importer statement. The cultural goods to be presented at commercial fairs and international art fairs should not be subject to the presentation of an import licence or an importer statement. However, should the cultural goods be acquired and remain within the territory of the Union, they should be subject to the presentation of an import licence or an importer statement, depending on the category of the cultural goods.

Amendment    17

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13)  Storage of cultural goods from countries affected by armed conflict or suffering a natural disaster should also be permitted without the presentation of a licence or a statement in order to ensure their safety and preservation.

(13)  Storage of cultural goods from countries affected by armed conflict or suffering a natural disaster with the intention to return those goods to their source country or the third country from which they were lawfully exported, when the situation so allows, should also be permitted without the presentation of an import licence or an importer statement in order to ensure their safety and preservation.

Amendment    18

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(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 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.

(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 in respect of modifications to the minimum age and financial threshold criteria for the different categories of cultural goods. That delegation should also allow the Commission to update Annex I following amendments to the Combined Nomenclature, and to lay down a second Annex (Annex II) with a list of countries and Combined Nomenclature codes based on the “Red Lists of Cultural Objects at Risk” composed and amended by the International Council of Museums (ICOM). 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 of 13 April 2016 on Better Law-Making 27. 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.

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27 OJ L 123, 12.5.2016, p. 1.

27 OJ L 123, 12.5.2016, p. 1.

Amendment    19

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(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, the templates for import licence applications and forms, as well as for importer statements and their accompanying documents, as well as further procedural rules on their 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.

(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, which should be done while guaranteeing adequate conservation conditions, having due regard to the particular nature of the cultural goods. Those arrangements should also apply to the electronic standardised templates for electronic import licence applications and forms and a list of the grounds on which such an application might be rejected, as well as for 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 in the framework of the Regulation (EU) No 952/2013. Such establishment can form part of the work programme established under Article 280 of that Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council28.

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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).

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    20

Proposal for a regulation

Recital 15 a (new)

Text proposed by the Commission

Amendment

 

(15a)  For the implementation of this Regulation, the provisions applicable to customs control and verification are those contained in Regulation (EU) No 952/2013.

Amendment    21

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16)  Relevant information on trade flows of cultural goods should be collected to support the efficient implementation of the Regulation and to provide the basis for its future evaluation. Trade flows of cultural goods cannot be efficiently monitored only by their value or weight since these two measurements can fluctuate. It is essential to collect information on the number of items declared. As no supplementary measurement unit is specified in the Combined Nomenclature for cultural goods, it is necessary to require that the number of items is declared.

(16)  Relevant information on trade flows of cultural goods should be electronically collected and shared by Member States and the Commission, to support the efficient implementation of the Regulation and to provide the basis for its future evaluation. In the interest of transparency and public scrutiny, as much information as possible should be made public. Trade flows of cultural goods cannot be efficiently monitored only by their value or weight since these two measurements can fluctuate. It is essential to electronically collect information on the number of items declared. As no supplementary measurement unit is specified in the Combined Nomenclature for cultural goods, it is necessary to require that the number of items is declared.

Amendment    22

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17)  The EU Strategy and Action Plan for customs Risk Management29 aims –inter alia- to strengthen capacities of customs authorities to increase the responsiveness to risks in the area of cultural goods. The common risk management framework laid down in Regulation (EU) No 952/2013 should be used and relevant risk information be exchanged between customs authorities.

(17)  The EU Strategy and Action Plan for customs Risk Management aims –inter alia- to strengthen training and capacities of customs authorities to increase the responsiveness to risks in the area of cultural goods. The common risk management framework laid down in Regulation (EU) No 952/2013 should be used and relevant risk information be exchanged between customs authorities.

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29 COM/2014/0527 final: Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the EU Strategy and Action Plan for customs risk management.

29 COM/2014/0527 final: Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the EU Strategy and Action Plan for customs risk management.

Amendment    23

Proposal for a regulation

Recital 17 a (new)

Text proposed by the Commission

Amendment

 

(17 a)  It is necessary to establish awareness-raising campaigns targeted at purchasers of cultural goods regarding the risk of illicit goods and to assist the market actors in their understanding and application of this Regulation. Member States should involve relevant national contact points and other information provision services in the dissemination of this information.

Amendment    24

Proposal for a regulation

Recital 17 b (new)

Text proposed by the Commission

Amendment

 

(17 b)  The Commission should ensure that micro, small and medium-sized enterprises (‘MSMEs’) benefit from adequate technical assistance and should facilitate the exchange of information with them in order to efficiently implement this Regulation. MSMEs established in the Union which import cultural goods should therefore benefit from the COSME programme established by Regulation (EU) No 1287/2013 of the European Parliament and of the Council1a.

 

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1a Regulation (EU) No 1287/2013 of the European Parliament and of the Council of 11 December 2013 establishing a Programme for the Competitiveness of Enterprises and small and medium-sized enterprises (COSME) (2014 - 2020) and repealing Decision No 1639/2006/EC (OJ L 347, 20.12.2013, p. 33).

Amendment    25

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18)  Member States should introduce effective, proportionate and dissuasive penalties for failing to comply with the provisions of this Regulation and communicate those penalties to the Commission.

(18)  Member States should introduce effective, proportionate and dissuasive penalties for failing to comply with the provisions of this Regulation and communicate those penalties to the Commission. Member States should also notify the Commission where penalties are applied. It is desirable to achieve a level-playing field and a coherent approach and therefore it is appropriate that penalties in each Member State are similar in nature and effect.

Amendment    26

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19)  Sufficient time should be provided for the Commission to adopt rules implementing this Regulation, in particular those regarding the appropriate forms to use to apply for an import licence or to prepare an importer statement. Consequently, the application of this Regulation should be deferred.

(19)  The Commission should adopt without delay rules implementing this Regulation, in particular those regarding the appropriate electronic standardised forms to use to apply for an import licence or to prepare an importer statement.

Amendment    27

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

This Regulation sets out the conditions and procedure for the entry of cultural goods into the customs territory of the Union.

This Regulation sets out the conditions and procedure for the introduction and the import of cultural goods into the customs territory of the Union.

Amendment    28

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

This Regulation does not apply to cultural goods which are in transit through the customs territory of the Union.

This Regulation applies to cultural goods which are in transit through the customs territory of the Union when competent authorities have reasonable grounds to believe that cultural goods have been exported from the source or the third country in violation of the laws and regulations of that source or third country.

Amendment    29

Proposal for a regulation

Article 2 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(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 therein;

(a)  'cultural goods' means any item which is of importance for archaeology, prehistory, history, literature, art or science which belongs to the categories listed in the Annexes and meets the minimum age and financial thresholds specified therein;

Amendment    30

Proposal for a regulation

Article 2 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

 

(a a)  ‘import of cultural goods’ means:

 

i. release for free circulation as referred to in Article 201 of Regulation (EU) No 952/2013;

 

ii. placing of goods under one of the following categories of special procedures referred to in Article 210 of Regulation (EU) No 952/2013:

 

a. storage, comprising customs warehousing and free zones,

 

b. specific use, comprising temporary admission and end-use,

 

c. inward processing;

Amendment    31

Proposal for a regulation

Article 2 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  'source country' means the country in the current territory of which the cultural goods were created or discovered;

(b)  'source country' means the country in the current territory of which the cultural goods were created or discovered or removed, excavated or stolen from land or underwater, or a country which has such a close connection with the cultural goods that this country protects them as national cultural property and regulates their export from its territory upon their lawful removal from the country in which the cultural goods were created or discovered;

Amendment    32

Proposal for a regulation

Article 2 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(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;

(c)  'third country' means the last country other than the source country in which the cultural goods were held before being brought into the customs territory of the Union;

Amendment    33

Proposal for a regulation

Article 2 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d)  'permanently' means for a period of time of at least one month and for purposes other than temporary use, transit, export or dispatch;

deleted

Amendment    34

Proposal for a regulation

Article 2 – paragraph 1 – point h a (new)

Text proposed by the Commission

Amendment

 

(ha)  ‘Object ID’ means the international standard adopted by UNESCO for describing cultural goods and compiling a single set of data on cultural goods;

Amendment    35

Proposal for a regulation

Article 2 – paragraph 1 – point h b (new)

Text proposed by the Commission

Amendment

 

(hb)  ‘competent authorities’ means the authorities designated by the Member States to issue importer licences and register importer statements

Amendment    36

Proposal for a regulation

Article 2 – paragraph 2

Text proposed by the Commission

Amendment

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 threshold in the third column of the table in the Annex in the light of experience gathered during the implementation of this Regulation.

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 Annex I following amendments in the Combined Nomenclature and to amend the minimum age and value thresholds in the Annex in the light of experience gathered during the implementation of this Regulation and of Regulation (EC) No 116/2009.

Amendment    37

Proposal for a regulation

Article 2 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  The Commission is empowered to adopt delegated acts in accordance with Article 12 in order to amend Annex II listing countries and object categories in relation to which there exists a particular risk of illicit traffic, based upon the Database of Red Lists of cultural objects at risk published by the International Council of Museums (ICOM). The Commission shall ensure that Annex II is regularly updated.

Amendment    38

Proposal for a regulation

Article 3 – title

Text proposed by the Commission

Amendment

Cultural goods entering the customs territory of the Union

Introduction and import of cultural goods into the customs territory of the Union

Amendment    39

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1.  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.

1.  The introduction of cultural goods removed from the territory of a source country in breach of international law and the source or the third country’s laws and regulations is prohibited.

 

The import of cultural goods into the customs territory of the Union 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    40

Proposal for a regulation

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1 a.  The successful import of cultural goods shall not be construed to be evidence of lawful provenance or ownership.

Amendment    41

Proposal for a regulation

Article 3 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(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 and academic research purposes;

(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, performing arts, conservation, restoration, digitisation and academic research purposes and for the purpose of cooperation between museums or other non-profit institutions for the organisation of cultural exhibitions.

Amendment    42

Proposal for a regulation

Article 3 – paragraph 2 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa)  The cultural goods to be presented at commercial fairs and international art fairs should not be subject to the presentation of an import licence or an importer statement. However, should the cultural goods be acquired and remain within the territory of the Union, they should be subject to the presentation of an import licence or an importer statement, depending on the category of the cultural goods;

Amendment    43

Proposal for a regulation

Article 3 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b)  the storage, within the meaning of Article 237 of Regulation (EU) No 952/2013, of cultural goods for the express purpose of ensuring their preservation by, or under the supervision of, a public authority.

(b)  the storage, within the meaning of Article 237 of Regulation (EU) No 952/2013, of cultural goods for the purpose of ensuring their safety or preservation by, or under the supervision of, a public authority, with the intention of returning such goods to their country of origin or the third country to which they were lawfully exported, when the situation so allows;

Amendment    44

Proposal for a regulation

Article 3 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

 

(b a)  returned cultural goods, within the meaning of Article 2 of Directive 2014/60/EU;

Amendment    45

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

3.  The Commission may adopt, by means of implementing acts, the specific modalities for the temporary admission or storage of cultural goods referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.

3.  The Commission may adopt, by means of implementing acts, the specific modalities for the temporary admission or storage of cultural goods and of returned cultural goods for their protection referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.

Amendment    46

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

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 (c), (d) and (h) of the Annex shall be subject to the presentation of an import licence to the customs authorities.

1.  The import into the Union of the cultural goods referred to in points A1 and A2 of the Annex I shall be subject to the presentation of an import licence to the customs authorities.

 

This Article shall only apply to the goods referred to in the first subparagraph if they feature on the list of countries and Combined Nomenclature codes as laid down in Annex II, if such a list is in use for the source country from which the cultural goods are exported and the source country of the cultural goods is known.

 

This Article shall also apply to cultural goods which are only listed in Annex II imported into the customs territory of the Union from a source or third country,.

Amendment    47

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

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.

2.  The holder of the goods shall apply for an import licence to the competent authority of the first Member State of intended import. The application shall be accompanied by the appropriate 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 or providing evidence of the absence of such laws and regulations. It shall include:

 

- export certificates or export licences;

 

- a standardised document, following the Object ID standard, describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities;

 

- ownership titles;

 

- invoices;

 

- sales contracts;

 

- insurance documents or transport documents;

 

Where supporting documents are not available, the application shall also include an expert appraisal if deemed necessary by the competent authority.

Amendment    48

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  Notwithstanding paragraph 2, in exceptional cases where either:

 

a) the source country of the cultural good cannot be reliably determined and that circumstance is considered to be well documented and supported by evidence by the competent authority; or

 

b) the cultural goods have been exported from the source country prior to 1970 and were held in a third country for purposes other than temporary use, transit, export or dispatch before being brought into the customs territory of the Union, but the holder cannot provide the documents required under paragraph 2 since such documents were not in use at the time the cultural goods were exported from the source country,

 

the application shall be accompanied by the appropriate supporting documents and information substantiating that the cultural goods in question have been exported from the third country in accordance with its laws and regulations or providing evidence of the absence of such laws and regulations.

 

The supporting documents shall include:

 

- export certificates or export licences;

 

- a standardised document, following the Object ID standard, describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities;

 

- ownership titles;

 

- invoices;

 

- sales contracts; and

 

- insurance documents or transport documents;

 

Where supporting documents are not available, the application shall also include an expert appraisal if deemed necessary by the competent authority.

Amendment    49

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3.  The competent authority of the 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.

3.  The competent authority of the first Member State of intended import shall verify whether the application is complete. It shall request any missing or additional information or document from the applicant within 21 days of receipt of the application.

Amendment    50

Proposal for a regulation

Article 4 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

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 may reject the application on the following grounds:

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. In case the import licence is issued, the competent authority shall register that licence electronically. The competent authority shall reject the application on the following grounds:

Amendment    51

Proposal for a regulation

Article 4 – paragraph 4 – point a

Text proposed by the Commission

Amendment

(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 regulations;

(a)  when it is not demonstrated that the cultural goods were exported from the source country in accordance with its laws and regulations as in force at the time of the export, or in the absence of such laws and regulations; or, in the exceptional cases enlisted in Article 4(2a), from the third country in accordance with the laws and regulations of that third country in force at the time of the export, or in the absence of such laws and regulations;

Amendment    52

Proposal for a regulation

Article 4 – paragraph 4 – point b

Text proposed by the Commission

Amendment

(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;

deleted

Amendment    53

Proposal for a regulation

Article 4 – paragraph 4 – point c

Text proposed by the Commission

Amendment

(c)  the competent authority has reasonable grounds to believe that the holder of the goods did not acquire them lawfully.

(c)  the competent authority has reasonable and verifiable grounds to believe that the holder of the goods did not acquire them lawfully.

Amendment    54

Proposal for a regulation

Article 4 – paragraph 4 – point c a (new)

Text proposed by the Commission

Amendment

 

(c a)  if the application for an import licence for a cultural good has been previously rejected by the competent authorities of another Member State of the Union for that same cultural good and no further evidence has been provided which was not already submitted in connection with the rejected application;

Amendment    55

Proposal for a regulation

Article 4 – paragraph 4 – point c b (new)

Text proposed by the Commission

Amendment

 

(c b) where the licit export directly from the source country cannot be proven by appropriate supportive documents and evidence, in particular, export certificates or licences issued by the country of export, ownership titles, invoices, sales contracts, the object ID where available, insurance documents, transport documents and experts appraisals.

Amendment    56

Proposal for a regulation

Article 4 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4 a.  The competent authority may reject the application where there are claims for return or payment of damages, submitted by the authorities of the source country, pending before courts.

Amendment    57

Proposal for a regulation

Article 4 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

 

4 b.  When the application is rejected, 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    58

Proposal for a regulation

Article 4 – paragraph 4 c (new)

Text proposed by the Commission

Amendment

 

4 c.  The application shall include a declaration that the items have not previously been the subject of an application or, in the case of prior refusal, it shall state the reasons of that refusal and shall include additional evidence which was unavailable when the application was previously considered.

Amendment    59

Proposal for a regulation

Article 4 – paragraph 4 d (new)

Text proposed by the Commission

Amendment

 

4 d.  Where a Member State rejects an electronic application, that rejection as well as the grounds on which it was based shall be communicated to the other Member States and to the Commission. In cases of suspect of illicit trafficking, Member States shall also inform other relevant authorities such as INTERPOL and EUROPOL.

Amendment    60

Proposal for a regulation

Article 4 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall designate the public authorities competent to issue import licenses in accordance with this Article. They shall communicate the details of those authorities as well as any changes in that respect to the Commission.

Member States shall designate without delay the public authorities competent to issue import licenses in accordance with this Article. They shall communicate the details of those authorities as well as any changes in that respect to the Commission.

Amendment    61

Proposal for a regulation

Article 4 – paragraph 6

Text proposed by the Commission

Amendment

6.  The Commission may 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.

6.  The Commission shall establish, by means of implementing acts, the electronic standardised template for the application for the import licence as well as the procedural rules on the electronic submission and processing of such an application together with the relevant supporting documents, which shall be done by electronic means. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.

Amendment    62

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

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 importer statement to the customs authorities of the Member State of entry.

1.  The import into the customs territory of the Union of cultural goods which are referred to in points 3 to 14 of Part A of the Annex I shall be subject to the submission by the holder of the goods of an electronic importer statement to the customs authorities of the first Member State of intended import.

 

This article is also applicable to those cultural goods referred to in points A1 and A2 whose Combined Nomenclature codes do not figure into Annex II.

Amendment    63

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2.  The importer statement shall contain a declaration signed by the holder of the goods 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.

2.  The importer statement shall be registered electronically. It shall consist of:

 

a) 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 or providing evidence of the absence of such laws and regulations.

 

b) a standardised document, following the Object ID standard, describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities;

 

c) the export certificates or licences issued by the source country, providing evidence that the cultural goods in question were exported from the source country in accordance with its laws and regulations.

Amendment    64

Proposal for a regulation

Article 5 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  Notwithstanding paragraph 2, in exceptional cases where either:

 

a) the source country of the cultural good cannot be reliably determined and that circumstance is considered to be well documented and supported by evidence by the competent authority; or

 

b) the cultural goods have been exported from the source country prior to 1970 and were held in a third country for purposes other than temporary use, transit, export or dispatch before being brought into the customs territory of the Union, but the holder cannot provide the documents required under paragraph 2 since such documents were not in use at the time the cultural goods were exported from the source country,

 

the importer statement shall consist of:

 

a) a declaration signed by the holder of the goods stating that the goods have been exported from the third country in accordance with its laws and regulations or providing evidence of the absence of such laws and regulations;

 

b) a standardised document, following the Object ID standard, describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities; and

 

c) the export certificates or licences issued by the third country, providing evidence that the cultural goods in question were exported from the third country in accordance with its laws and regulations.

 

Where the laws and regulations of the source or third country do not foresee the issuance of export licences or certificates, the importer statement shall also include any other appropriate supporting documents and evidence, including ownership titles, invoices, sales contracts, insurance documents, transport documents.

Amendment    65

Proposal for a regulation

Article 5 – paragraph 3

Text proposed by the Commission

Amendment

3.  The Commission may 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.

3.  The Commission shall adopt, by means of implementing acts, the electronic standardised template for the importer statement as well as the procedural rules on the electronic 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    66

Proposal for a regulation

Article 5 a (new)

Text proposed by the Commission

Amendment

 

Article 5 a

 

Micro, small and medium-sized enterprises

 

The Commission shall ensure that micro, small and medium-sized enterprises (MSMEs) benefit from adequate technical and financial assistance, including the promotion of national contact points in cooperation with Member States and the establishment a dedicated website containing all the relevant information, and shall facilitate the exchange of information between MSMEs and the relevant national contact points when in receipt of enquiries in order to efficiently implement this Regulation.

Amendment    67

Proposal for a regulation

Article 5 b (new)

Text proposed by the Commission

Amendment

 

Article 5 b

 

Use of electronic system

 

1. All exchanges of information between competent authorities and declarants under Articles 4 and 5, such as exchange of declarations, applications or decisions, shall be made by electronic means.

 

2. The Commission shall establish the electronic system referred to in paragraph 1. It shall adopt implementing acts to lay down:

 

- the arrangements for the deployment, operation and maintenance of the electronic system referred to in paragraph 1;

 

- the detailed rules regarding the submission, processing, storage and exchange of information between the competent authorities of the Member States by means of the electronic system.

 

Member States shall cooperate with the Commission in developing, maintaining and employing electronic system referred to in paragraph 1 and in storing information, in accordance with this Regulation.

 

3. With regards to the processing of personal data within the framework of this Regulation, declarants and competent authorities should carry out their tasks in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council 1a, and Regulation (EU) .../....*

 

__________________

 

1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)(OJ L 119, 4.5.2016, p. 1)

 

* OJ: Please insert in the text the number of the Regulation contained in document 2017/0003 (COD)

Amendment    68

Proposal for a regulation

Article 6

Text proposed by the Commission

Amendment

Article 6

deleted

Customs control and verification

 

1.  The import licence referred to in Article 4 or the importer statement referred to in Article 5, as the case may be, shall be submitted to the customs office competent to release the cultural goods for free circulation or for placing them under a special procedure other than transit.

 

2.  With regard to cultural goods requiring the issue of an import licence to enter the customs territory of the Union, the customs authorities shall check whether the import licence corresponds to the goods presented. For that purpose, they may physically examine the cultural goods, including by conducting an expertise.

 

3.  With regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the Union, the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of Article 5 and corresponds to the goods presented. For that purpose, they may require additional information from the declarant and physically examine the cultural goods, including by conducting an expertise. They shall register the importer statement by attributing to it a serial number and a registration date and, upon release of the goods, provide the declarant with a copy of the registered importer statement.

 

4.  When submitting a declaration for the release of cultural goods for free circulation or for placing them under a special procedure other than transit, the quantity of the products shall be indicated using the supplementary unit set out in the Annex.

 

Amendment    69

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

Where Member States restrict the number of customs offices competent to release 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.

Member States may restrict the number of customs offices competent to allow the import of cultural goods. Where Member States apply that restriction, they shall communicate the details of those customs offices as well as any changes in that respect to the Commission.

Amendment    70

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1.  Customs authorities shall seize and temporarily retain cultural goods brought into the customs territory of the Union where the cultural goods in question entered the customs territory of the Union without the conditions laid down in paragraphs 1 and 2 of Article 3 being fulfilled.

1.  Competent authorities shall seize and temporarily retain cultural goods brought into the customs territory of the Union without the conditions laid down in paragraphs 1 and 2 of Article 3 being fulfilled. In the 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 particular nature of the goods.

Amendment    71

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2.  The administrative decision referred to in paragraph 1 shall be accompanied by a statement of reasons, be communicated to the declarant and shall be subject to an effective remedy in accordance with procedures provided for in national law.

2.  The administrative decision referred to in paragraph 1 shall be subject to the provisions of Article 22(7) of Regulation (EU) No 952/2013.

Amendment    72

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3.  The period of temporary retention shall be strictly limited to the time required for the customs authorities or other law enforcement authorities to determine whether the circumstances of the case warrant retention under other provisions of Union or national law. The maximum period of temporary retention under this Article shall be 6 months. If no determination is made regarding further retention of the cultural goods within that period or if a determination is made that the circumstances of the case do not warrant further retention, the cultural goods shall be made available to the declarant.

3.  The period of temporary retention shall be strictly limited to the time required for the customs authorities or other law enforcement authorities to determine whether the circumstances of the case warrant retention under other provisions of Union or national law. The maximum period of temporary retention under this Article shall be 6 months, with the possibility to extend that period for a further three months at the reasoned decision of the customs authorities. If no determination is made regarding further retention of the cultural goods within that period or if a determination is made that the circumstances of the case do not warrant further retention, the cultural goods shall be made available to the declarant. Authorities of the Member States shall ensure that, at the moment of restitution of the cultural goods to the country of origin, the country of origin is not affected by an armed crisis where the safety of the cultural goods cannot be guaranteed. In such a case, the cultural good shall remain in the Union until the situation in the country of origin is stabilised.

Amendment    73

Proposal for a regulation

Article 8 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3 a.  Customs authorities shall immediately notify the source or, in cases where the source country of the cultural goods cannot be reliably determined, the third country as well as EUROPOL and INTERPOL, as the case may be, after having taken the decision referred to in paragraph 1.

Amendment    74

Proposal for a regulation

Article 8 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3b.  When competent authorities have reasonable grounds to believe that cultural goods in transit through the customs territory of the Union may have been exported in violation of rules and regulation of a source country, they shall instruct customs authorities to temporarily seize those goods.

Amendment    75

Proposal for a regulation

Article 9 – title

Text proposed by the Commission

Amendment

Administrative co-operation

Administrative co-operation and use of Electronic System

Amendment    76

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1.  For the purposes of implementing this Regulation, Member States shall ensure co-operation between their competent authorities referred to in Article 3(4).

1.  For the purposes of implementing this Regulation, Member States shall ensure co-operation and information sharing between their competent authorities referred to in Article 4(5).

Amendment    77

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2.  An electronic system may be developed for the storage and the exchange of information between the authorities of the Member States, in particular regarding importer statements and import licences.

2.  An electronic system shall be developed for the storage and the exchange of information between the authorities of the Member States within the framework of Regulation (EU) No 952/2013. Any such system shall address the receipt, processing, storage and exchange of information, in particular regarding importer statements and import licences.

Amendment    78

Proposal for a regulation

Article 9 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  The electronic system referred to in paragraph 2 shall be capable of being consulted by Member States when processing requests submitted in connection with export licenses required under Regulation (EC) No 116/2009. Such requests may refer directly to information held on the electronic system.

Amendment    79

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

The Commission may lay down, by means of implementing acts,

The Commission shall lay down, by means of implementing acts,

Amendment    80

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Those implementing acts shall be adopted in accordance with the procedure referred to in Article 13.

Those implementing acts shall be adopted by ... [six months from the date of entry into force of this Regulation] in accordance with the procedure referred to in Article 13.

Amendment    81

Proposal for a regulation

Article 9 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a.  The processing of personal data on the basis of this Regulation shall take place only for the purposes of the effective protection against the loss of cultural goods, the preservation of humanity's cultural heritage and the prevention of terrorist financing through the selling of looted cultural heritage to buyers in the Union.

Amendment    82

Proposal for a regulation

Article 9 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3b.  All personal data obtained in accordance with Articles 4, 5 and 9 shall be accessed and processed only by duly authorised staff of the authorities, and shall be adequately protected against unauthorised access or communication.

Amendment    83

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

The Member States shall lay down the rules on penalties applicable to infringements of Articles 3, 4 and 5 and in particular, to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the Union, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and of those measures within 18 months of the entry into force of the Regulation and shall notify it, without delay, of any subsequent amendment affecting them.

Member States shall lay down the rules on penalties applicable to infringements of Articles 3, 4 and 5 and in particular, to the submission of false information to obtain import of cultural goods into the customs territory of the Union, Member States shall take all measures necessary to ensure that that those rules are implemented. The penalties provided for shall be effective, proportionate and dissuasive. In order to achieve a level playing field and a coherent approach Member States shall apply penalties that are similar in nature and effect. Member States shall notify the Commission of those rules and of those measures within 12 months of the entry into force of the Regulation and shall notify it, without delay, of any subsequent amendment affecting them.

Amendment    84

Proposal for a regulation

Article 11 – paragraph -1 (new)

Text proposed by the Commission

Amendment

 

In their preparatory works for the implementation of this Regulation, the Commission and the Member States shall cooperate with international organisations, such as the UNESCO, the Interpol, EUROPOL, World Customs Organization (WCO), International Centre of the Preservation and Restoration of Cultural Property (ICCROM) and the International Council of Museums, to ensure effective training, capacity building activities and awareness rising campaigns, as well as to commission relevant research and standard development where appropriate.

Amendment    85

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall organise training and capacity building activities to ensure the effective implementation of this Regulation by the authorities concerned. They may also use awareness-raising campaigns to sensitise in particular buyers of cultural goods.

The Commission, with the cooperation of the Member States shall organise:

 

i. training and capacity-building activities and awareness-raising campaigns for authorities, national contact points and professionals concerned to ensure the effective implementation of this Regulation;

 

ii. actions to foster the effective cooperation of source countries; and

 

iii. an exchange of best practices aimed at promoting uniform implementation of this Regulation, especially the appropriate practices from Member States that have national legislation in force on the import of cultural goods before the entry into force of this Regulation.

Amendment    86

Proposal for a regulation

Article 11 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

Those activities, campaigns and actions shall build on the experience of currently existing programmes, including the ones promoted by the WCO and the Commission.

Amendment    87

Proposal for a regulation

Article 11 a (new)

Text proposed by the Commission

Amendment

 

Article 11 a

 

Cooperation with third countries

 

In matters covered by its activities and to the extent required for the fulfilment of its tasks under this Regulation, the Commission shall facilitate and encourage technical and operational cooperation between Member States and third countries.

 

The Commission may organise training activities in cooperation with Member States and third countries on their territories.

Amendment    88

Proposal for a regulation

Article 12 – paragraph 2

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 2(2) shall be conferred on the Commission for an indeterminate period of time from … [Publications Office is to fill in the date of entry into force of this Act].

2.  The power to adopt delegated acts referred to in Article 2 shall be conferred on the Commission for a period of five years from … [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the …-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Amendment    89

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b)  information on infringements of this Regulation;

(b)  information on infringements of this Regulation and penalties applied;

Amendment    90

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

For this purpose, the Commission shall address relevant questionnaires to the Member States. Member States shall have 6 months to communicate the requested information to the Commission.

For this purpose, the Commission shall address relevant questionnaires to the Member States. Member States shall have 6 months, from the receipt of the questionnaire to communicate the requested information to the Commission.

Amendment    91

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

 

On the basis of the Member States’ replies to the questionnaires referred to in paragraph 1, the Commission may ask Member States to provide additional information on the processing of import license applications. The Member States shall provide the information requested as quickly as possible.

Justification

In order to assess the whether this Regulation is being implemented in a uniform way, the Commission should, if necessary in its view, obtain more information on the processing of licence requests by the competent Member State authorities.

Amendment    92

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation three years after the date of application of this Regulation and, after that, every five years.

2.  The Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation two years after the date of application of this Regulation and, after that, every four years. That report shall be publicly available. It shall include consideration of practical implementation, including the impact on Union economic operators, particularly MSMEs. The report shall compare Member State implementation, including an assessment of the degree of uniform application of the Regulation since the date of the previous report. That assessment shall also consider the provisions establishing and application of penalties, and the degree to which they provide for a level playing field amongst Member States. Where necessary, the report may make recommendations to address inadequate implementation of this Regulation by Member States.

Amendment    93

Proposal for a regulation

Article 14 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  The report referred to in paragraph 2 shall take into account the impact of this Regulation on the ground, including its impact on Union economic operators, including MSMEs. The report shall provide evidences on the different national performances, include an assessment on how uniformly this Regulation has been implemented and applied in the concerned period, and provide for recommendations to address deficient implementation by Member States.

Amendment    94

Proposal for a regulation

Annex I – subheading 3

Text proposed by the Commission

Amendment

Cultural goods covered by Article 2(1)

Cultural goods covered by Article 2 - paragraph 1 - point a

Amendment    95

Proposal for a regulation

Annex I a (new)

 

 

Amendment

1.

Archaeological objects more than 100 years old which are the products of:

 

 

– excavations and finds on land or under water

9705 00 00

 

– archaeological sites

9706 00 00

 

– archaeological collections

 

2.

Elements forming an integral part of artistic, historical or religious monuments which have been dismembered, of an age exceeding 100 years

9705 00 00 9706 00 00

3.

Pictures and paintings, other than those included in categories 4 or 5, executed entirely by hand in any medium and on any material1a

9701

4.

Watercolours, gouaches and pastels executed entirely by hand on any material1a

9701

5.

Mosaics in any material executed entirely by hand, other than those falling in categories 1 or 2, and drawings in any medium executed entirely by hand on any material1a

69149701

 

6.

Original engravings, prints, serigraphs and lithographs with their respective plates and original posters1a

Chapter 49 9702 00 00 8442 50 99

7.

Original sculptures or statuary and copies produced by the same process as the original1a, other than those in category 1

9703 00 00

8.

Photographs, films and negatives thereof1a

37043705

3706

4911 91 80

 

9.

Incunabula and manuscripts, including maps and musical scores, singly or in collections1a

9702 00 00 9706 00 00 4901 10 00 4901 99 00 4904 00 00 4905 91 00 4905 99 00 4906 00 00

10.

Books more than 100 years old, singly or in collections

9705 00 00 9706 00 00

11.

Printed maps more than 200 years old

9706 00 00

12.

Archives, and any elements thereof, of any kind or any medium which are more than 50 years old

37043705

3706

4901

4906

9705 00 00 9706 00 00

 

13.

(a) Collections1b and specimens from zoological, botanical, mineralogical or anatomical collections;

9705 00 00

 

(b) Collections1b of historical, palaeontological, ethnographic or numismatic interest

9705 00 00

14.

Means of transport more than 75 years old

9705 00 00 Chapters 86-89

15.

Any other antique items not included in categories A.1 to A.14

 

 

(a) between 50 and 100 years old

 

 

toys, games

Chapter 95

 

glassware

7013

 

articles of goldsmiths’ or silversmiths’ wares

7114

 

furniture

Chapter 94

 

optical, photographic or cinematographic apparatus

Chapter 90

 

musical instruments

Chapter 92

 

clocks and watches and parts thereof

Chapter 91

 

articles of wood

Chapter 44

 

pottery

Chapter 69

 

tapestries

5805 00 00

 

carpets

Chapter 57

 

wallpaper

4814

 

arms

Chapter 93

 

(b) more than 100 years old

9706 00 00

______________

1a Which are more than 50 years old and do not belong to their originators.

1b As defined by the Court of Justice in its judgment in Case 252/84, as follows: ‘Collectors’ pieces within the meaning of heading No 97.05 of the Common Customs Tariff are articles which possess the requisite characteristics for inclusion in a collection, that is to say, articles which are relatively rare, are not normally used for their original purpose, are the subject of special transactions outside the normal trade in similar utility articles and are of high value’.

The cultural objects in categories A.1 to A.15 are covered by this Regulation only if their value corresponds to, or exceeds, the financial thresholds under B.

B. Financial thresholds applicable to certain categories under A (in euro)

Value:

1 (Archaeological objects)

2 (Dismembered monuments)

9 (Incunabula and manuscripts)

12 (Archives)

15 000

5 (Mosaics and drawings)

6 (Engravings)

8 (Photographs)

11 (Printed maps)

30 000

4 (Watercolours, gouaches and pastels)

50 000

7 (Statuary)

10 (Books)

13 (Collections)

14 (Means of transport)

15 (Any other object)

150 000

3 (Pictures)

The assessment of whether or not the conditions relating to financial value are fulfilled must be made when an application for an export license is submitted. The financial value is that of the cultural object in the international market.

The values expressed in Euro in Annex I shall be converted and expressed in national currencies at the rate of exchange on 31 December 2001 published in the Official Journal of the European Communities. This counter value in national currencies shall be reviewed every two years with effect from 31 December 2001. Calculation of this counter value shall be based on the average daily value of those currencies, expressed in euro, during the 24 months ending on the last day of August preceding the revision which takes effect on 31 December. This method of calculation shall be reviewed, on a proposal from the Commission, by the Advisory Committee on Cultural Goods, in principle two years after the first application. For each revision, the values expressed in euro and their counter values in national currency shall be published periodically in the Official Journal of the European Union in the first days of the month of November preceding the date on which the revision takes effect.

Amendment    96

Proposal for a regulation

Annex I b (new)

Text proposed by the Commission

Amendment

 

Annex Ib

 

Countries and object categories in relation to which there exists a particular risk of illicit traffic

 

[To be established by the Commission pursuant to Article 2(2)(a).]


EXPLANATORY STATEMENT

Background

The European Union (EU) is conducting a value-based trade policy in line with the founding Treaties and Trade for All Strategy. One of the aims of the EU is to ensure that economic growth and competitiveness goes hand in hand with social justice and respect for human rights.

Lately it has come to a spotlight that general rules applicable to the trade in goods do not address all of the specificities of the import of cultural goods. Illicit trafficking in cultural goods is linked to organised crime, terrorism financing, money laundering and tax evasion and also resulting in the loss of cultural heritage in third countries.

The Council Conclusions of 12 February 2016 on the fight against the financing of terrorism recalled the importance of urgently enhancing the fight against the illicit trade in cultural goods and called the Commission to propose legislative measures on this matter. More recently the UN Security Council resolution 2347 (2017) and the Florence Declaration signed by the Ministers of Culture of the G7 on 31 March 2017 , reaffirmed the need to fight against the illicit trade in cultural goods, particularly from countries experiencing conflict and internal strife. Furthermore, the European Parliament resolution ‘Cutting the sources of income for jihadists – targeting the financing of terrorism’, adopted on 1 March 2018, reaffirmed the need to act at EU level.

Currently EU Member States’ national legislation relates to the protection of their own cultural heritage. This proposal would extend that protection to the cultural heritage of third countries, which is not harmonised at an EU level. Common rules on the export of cultural goods do already exist under EU regulation. As for the import of cultural goods, only two specific restrictive measures regarding Syria and Iraq are in force at the EU level.

The current proposal seeks to cut the link between the trafficking of cultural goods and organised crime and terrorism financing while at the same time giving a legal certainty to licit art market. It builds on previous work of leading international fora such as the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects. A lot of work has been also done at the level of Council of Europe with its 2017 Convention on Offences Relating to Cultural Property(1), World Customs Organisation and Interpol with its specialised unit and stolen works of art database.

The Commission has devised a number of tools to strengthen the customs control of cultural goods, namely:

-  establishing a common definition of cultural goods in the context of importation;

-  ensuring that buyers and importers exercise due diligence regarding the legality of cultural goods brought into EU;

-  a standardised identification system regarding the identity of cultural goods;

-  providing more effective deterrents to trafficking in cultural goods;

-  promoting active involvement of stakeholders in reducing trafficking.

The Commission is proposing a system of import licences to products deemed high-risk in its links with organised crime and terrorist groups such as archaeological discoveries both on land or underwater, elements of monuments and rare manuscripts and incunabula that are at least 250 years old. For the rest of cultural goods, a system of importer statement has been envisioned. Standardised documentation requirements at import regarding the identity or every item would be created. The Customs authorities would perform the checks on the basis of these documents. The Customs authorities would be empowered to seize and temporarily retain any goods that would not be compliant. A system of penalties for infringements is also envisaged.

Parliamentary work

The draft report on this proposal has been entrusted to a joint committee composed of the Members of the Committee on the Internal Market and Consumer Protection (IMCO) and the Committee on International Trade (INTA). A joint work should avoid a silo approach and make the best use of the available expertise as IMCO is responsible for the coordination at Union level of national legislation in the sphere of the internal market and for the customs union and INTA is among other topics responsible for the external aspects of customs provisions and management. The Committee on Culture and Education (CULT) is closely associated to the procedure, in particular with regard to the definition of cultural goods.

The main aim of the co-rapporteurs is to ensure a proper balance between the objective of curbing the illicit import of cultural goods and the need to ensure that proposed controls and additional obligations do not pose an undue burden to licit economic operators in art market and to customs authorities.

Co-rapporteurs consider that an adequate technical assistance and support should be given to the micro-, small and medium-sized enterprises operating in art market. The Commission should also together with Member States organise training and capacity-building activities to ensure the effective implementation of the Regulation. In addition, actions to foster the effective cooperation of source countries should also put in place.

They underline the importance of putting in place the electronic system for the storage and the exchange of information between the authorities of the Member States fully adapted to the current digital environment.

The functioning of this Regulation should be assessed and reported two years after the date of its application and thereafter every four years to take into account the impact of this Regulation and address its possible deficiencies.

Co-rapporteurs have so far not yet come to a conclusion regarding certain essential aspects of this Regulation that need improvement and continue their consultations with relevant stakeholders and business community before proposing amendments to that effect.

(1)

https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/221


OPINION of the Committee on Culture and Education (8.6.2018)

for the Committee on International Trade and the Committee on the Internal Market and Consumer Protection

on the proposal for a regulation of the European Parliament and of the Council on the import of cultural goods

(COM(2017)0375 – C8‑0227/2017 – 2017/0158(COD))

Rapporteur for opinion: Santiago Fisas Ayxelà

(*) Associated committee – Rule 54 of the Rules of Procedure

SHORT JUSTIFICATION

I, as Rapporteur, welcome the proposal’s objective of tackling money laundering and the alternative sources of terrorism financing, including the looting and smuggling of antiquities, always bearing in mind that the protection of the cultural heritage must be the ultimate purpose, specially this current year 2018 being the European Year of Cultural Heritage.

In this regard, it should be noted that there must be a balance between the measures to be adopted for the protection of the cultural heritage and the measures to be taken in favour of the art market, this is, not to impede licit trade of cultural goods across the external border disproportionately.

As Rapporteur I am in favour of setting a 250 year minimum age threshold for all the categories of cultural goods since it seems an appropriate age limit in line with the goal of the proposal. Moreover, I agree upon the fact that certain categories of cultural goods which are exposed to an increased risk of pillage, loss or destruction require reinforced protection measures.

On the one hand, with regards to the measures to be adopted in favour of the art market, first and foremost, the legality of the export should be examined based on the laws and regulations of the export country instead of the source country since I believe that the obligation to provide documents that prove the licit export from the source country is an additional burden on the art market. Consequently, the distinction made between signatory and non signatory states of the 1970 UNESCO Convention regarding the obligation to prove licit export from the export country or the source country respectively must be removed, having all Member States the obligation to prove that the export from the third country was licit according to its own laws and regulations.

Secondly, although the term “holder of the goods” is defined in the proposal by making reference to Article 5(34) of Regulation (EU) No 952/2013, I believe it is relevant to be certain that the term does not imply ownership since who is willing to obtain an import license may not be the owner of the goods yet.

Thirdly, according to the proposal, the temporary admission of cultural goods for educational, scientific or academic research purposes should not be subject to the presentation of a licence or a statement and I believe that restoration purposes should also be included in this exception.

On the other hand, with regards to the measures to be adopted in favour of the protection of the cultural heritage, firstly I propose to increase the time period considered as “permanently” from one month to ten years for the categories of goods referred to in points (c), (d) and (h) of the Annex; and to one year for the rest of categories set in the Annex.

Secondly, I would like to emphasise that taking into account the special nature of the goods, the role of the cultural experts within the customs authorities is extremely relevant since they may, if deemed necessary, require additional information from the declarant and physically examine the cultural goods by conducting an expertise.

Thirdly, with regards to the storage of the cultural goods into the customs territory of the Union in case of temporary retention, due to the special nature of the goods, there shall be minimum conservation guarantees.

In order to facilitate the adaptation to this new regime, I completely agree on the organization of training and building activities by the Member States for the authorities and the professionals concerned, as well as awareness-raising campaigns for the buyers. Moreover, I believe that information contact points should be made available in each Member State in order to assist the market actors to implement this Regulation. Last but not least, it is essential to reinforce the electronic administration by means of the use of appropriate electronic standardised forms to prepare the importer statements or to apply for import licences, which shall be electronically submitted and registered by attributing a serial number and a registration date to them; together with the development of a fully operative electronic system for the exchange of information between the authorities of the Member States, which will certainly contribute to the prevention of forum shopping.

AMENDMENTS

The Committee on Culture and Education calls on the Committee on International Trade and on the Committee on the Internal Market and Consumer Protection, as the committees responsible, to take into account the following amendments:

Amendment    1

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6)  The definitions based on those used in 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 and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects signed in Rome on 24 June 1995, to which a significant number of Member States are a party, should be used in the Regulation, considering the familiarity of many third countries and most Member States with their provisions.

(6)  The definitions based on those used in the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 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 and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects signed in Rome on 24 June 1995, to which a significant number of Member States are a party, should be used in the Regulation, considering the familiarity of many third countries and most Member States with their provisions.

Amendment    2

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(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, when 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 exported from there legally, when the third 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 country.

(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'). When 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 the source country. In cases where the source country of 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    3

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission

Amendment

 

(7a)  Considering that the Article 5 of the 1970 UNESCO Convention calls for the establishment of one or more national services, equipped with qualified personnel and sufficient in number, in order to ensure the protection of their own cultural goods against illegal import, export and transfer; considering also the need for active collaboration with the competent authorities of third countries in the area of ​​security and fight against illegal import of cultural goods, especially in areas of crisis, States Parties to the 1970 UNESCO Convention are asked to comply with the commitments envisaged within the Convention and those Member States that have not yet done so, are urgently required to ratify it.

Amendment    4

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(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 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.

(8)  In order not to impede trade in goods across the Union’s external borders disproportionately, this Regulation should only apply to goods meeting a certain age and value limit. For that purpose, it seems appropriate to set a 100 year minimum age threshold for the most vulnerable categories of cultural goods, in line with the provisions of the 1954 Hague Convention, the 1970 UNESCO Convention and of the 1995 UNIDROIT Convention. 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.

Justification

The 250 years minimum age, doesn’t seem to comply with some international treaties (the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict in art.1, the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 in art. 1 and the UNIDROIT Convention on stolen or illegally exported cultural objects in art.2).

Amendment    5

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(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 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 licit export from the source country with the appropriate supportive documents and evidence, in particular, export certificates or 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.

(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. The import of cultural goods that originate in conflict-affected or high-risk countries should always require the presentation of a licence issued by the competent authority of the first Member State of entry. 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, therefore excluding the possibility to prove the legal export from the export country. The Commission should establish, by means of implementing acts, a regularly updated list of conflict-affected and high-risk countries by means of which restrictive measures applied to cultural goods should be established, in accordance with Article 215 of the Treaty on the Functioning of the European Union. The Commission should call upon external expertise such as UNESCO and the International Council of Museums (ICOM) to provide for such list which should be based, along the lines of the Resolutions of the UN Security Council, on the Red Lists published by ICOM, which classify the endangered categories of archaeological objects or works of art in the most vulnerable areas of the world in order to prevent them being sold or illegally exported.

Amendment    6

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission

Amendment

 

(10a)  Taking into account the particular nature of the goods, the role of the cultural experts within the customs authorities is extremely relevant since they should be able, where necessary, to require additional information from the declarant and to physically examine the cultural goods by conducting an expertise.

Amendment    7

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11)  For other categories of cultural goods, the persons seeking to introduce them into the customs territory of the Union should, by means of a 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 a 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 declarant, in order to ensure traceability after the goods enter the internal market.

(11)  For other categories of cultural goods, the persons seeking to introduce them into the customs territory of the Union should be able to prove licit export from the source country with the appropriate supportive documents and evidence, in particular, export certificates or licences issued by the third country of export, ownership titles, invoices, sales contracts, insurance documents, transport documents and experts appraisals. Accompanied with an electronic statement certifying and assuming their responsibility for their lawful export from the source country, the persons seeking to introduce the cultural goods into the customs territory of the Union 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. Those cultural goods should be electronically registered and the declarant should be provided with a copy of the relevant submitted documents in order to ensure traceability after the goods enter the internal market.

Amendment    8

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12)  Temporary admission of cultural goods for educational, scientific or academic research purposes should not be subject to the presentation of a licence or of a statement.

(12)  Temporary admission of cultural goods for educational (such as cultural and musical), scientific, restoration, conservation, exhibition or academic research purposes and for the purpose of cooperation between museums or similar public non-profit institutions for the organisation of exhibitions should not be subject to the presentation of a licence or of a statement.

Amendment    9

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission

Amendment

 

(13a)  Cultural goods to be presented at commercial fairs and international art fairs should not be subject to the presentation of an import licence.

Amendment    10

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(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 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.

(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.

27 OJ L 123, 12.5.2016, p. 1.

Amendment    11

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(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, the templates for import licence applications and forms, as well as for importer statements and their accompanying documents, as well as further procedural rules on their 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 Council 28.

(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, which should be done while guaranteeing adequate conservation conditions, having due regard to the particular nature of the cultural 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 Council 28. Implementing powers should also be conferred on the Commission to establish a regularly updated list of conflict-affected and high-risk countries by means of which restrictive measures applied to cultural goods should be established, in accordance with Article 215 of the Treaty on the Functioning of the European Union.

__________________

__________________

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).

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    12

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16)  Relevant information on trade flows of cultural goods should be collected to support the efficient implementation of the Regulation and to provide the basis for its future evaluation. Trade flows of cultural goods cannot be efficiently monitored only by their value or weight since these two measurements can fluctuate. It is essential to collect information on the number of items declared. As no supplementary measurement unit is specified in the Combined Nomenclature for cultural goods, it is necessary to require that the number of items is declared.

(16)  Relevant information on trade flows of cultural goods should be collected to support the efficient implementation of the Regulation and to provide the basis for its future evaluation. Trade flows of cultural goods cannot be efficiently monitored only by their value or weight since these two measurements can fluctuate. It is essential to electronically collect information on the number of items declared. As no supplementary measurement unit is specified in the Combined Nomenclature for cultural goods, it is necessary to require that the number of items is declared.

Amendment    13

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17)  The EU Strategy and Action Plan for customs Risk Management29 aims –inter alia- to strengthen capacities of customs authorities to increase the responsiveness to risks in the area of cultural goods. The common risk management framework laid down in Regulation (EU) No 952/2013 should be used and relevant risk information be exchanged between customs authorities.

(17)  The EU Strategy and Action Plan for customs Risk Management29 aims –inter alia- to strengthen capacities and training of customs authorities to increase the responsiveness to risks in the area of cultural goods. The common risk management framework laid down in Regulation (EU) No 952/2013 should be used and relevant risk information be exchanged between customs authorities.

__________________

__________________

29 COM/2014/0527 final: Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the EU Strategy and Action Plan for customs risk management.

29 COM/2014/0527 final: Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the EU Strategy and Action Plan for customs risk management.

Amendment    14

Proposal for a regulation

Recital 17 a (new)

Text proposed by the Commission

Amendment

 

(17a)  Since the trafficking of cultural objects can be a source of terrorism financing and money laundering, there is an urgent need to set up awareness-raising campaigns to sensitise in particular buyers of cultural goods; moreover, in order to assist the market actors to implement this Regulation, information, contact points should be made available in each Member State.

Amendment    15

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19)  Sufficient time should be provided for the Commission to adopt rules implementing this Regulation, in particular those regarding the appropriate forms to use to apply for an import licence or to prepare an importer statement. Consequently, the application of this Regulation should be deferred.

(19)  Sufficient time should be provided for the Commission to adopt rules implementing this Regulation, in particular those regarding the appropriate electronic standardised forms to use to apply for an import licence or to prepare an importer statement. Consequently, the application of this Regulation should be deferred.

Amendment    16

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

This Regulation sets out the conditions and procedure for the entry of cultural goods into the customs territory of the Union.

This Regulation sets out the conditions and procedure for the import of cultural goods into the customs territory of the Union.

Justification

Within Article 1, when the object and scope of this Regulation are concerned, the vague concept of "entry" should be replaced by the more accurate concept of "import".

Amendment    17

Proposal for a regulation

Article 1 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

The entry into the customs territory of the Union of cultural goods which have been illegally exported from a third country shall be prohibited when there are reasonable grounds to suspect that the cultural goods in question have been removed from the territory of the source country or the export country without the consent of their legitimate owner or have been removed in breach of those countries' laws and regulations.

Amendment    18

Proposal for a regulation

Article 1 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

This Regulation shall be without prejudice to stricter regimes established by the instruments in force in the Member States for the import of cultural goods into their customs territory.

Amendment    19

Proposal for a regulation

Article 2 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(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 therein;

(a)  'cultural goods' means any item 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    20

Proposal for a regulation

Article 2 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  'source country' means the country in the current territory of which the cultural goods were created or discovered;

(b)  'source country' means the country in the current territory of which the cultural goods were created, discovered or removed, excavated or stolen from land or underwater in the current territory of the such country, 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    21

Proposal for a regulation

Article 2 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(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;

(c)  'export country' means the last country in which the cultural goods were held in accordance with that country's laws and regulations before their dispatch to the Union;

Amendment    22

Proposal for a regulation

Article 2 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca)  ‘conflict-affected and high-risk countries’ means those countries listed by the Commission which are identified by the presence of armed conflicts, widespread violence or other risks of harm to people or cultural goods;

Amendment    23

Proposal for a regulation

Article 2 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d)  'permanently' means for a period of time of at least one month and for purposes other than temporary use, transit, export or dispatch;

deleted

Amendment    24

Proposal for a regulation

Article 2 – paragraph 2

Text proposed by the Commission

Amendment

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 threshold in the third column of the table in the Annex in the light of experience gathered during the implementation of this Regulation.

2.  The Commission is empowered to adopt delegated acts in accordance with Article 12 in order to amend the categories of cultural goods and the minimum age and financial threshold in the Annex, in the light of the results of the implementation of this Regulation.

Amendment    25

Proposal for a regulation

Article 2 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

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    26

Proposal for a regulation

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.  The issuance of an import licence by the competent authorities of the first Member State of entry 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    27

Proposal for a regulation

Article 3 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(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 and academic research purposes;

(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 (such as cultural and musical), scientific, restoration, conservation, exhibition, and academic research purposes and for the purpose of cooperation between museums or public non-profit institutions for the organisation of exhibitions;

Amendment    28

Proposal for a regulation

Article 3 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  Temporary admissions, within the meaning of Article 250 of Regulation (EU) No 952/2013, in the customs territory of the Union of cultural goods presented at commercial fairs and international art fairs should be permitted provided an importer statement is submitted in accordance with Article 5.

Amendment    29

Proposal for a regulation

Article 3 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

2b.  Reintroduced cultural goods under Article 203 of Regulation 952/2013;

Amendment    30

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

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.

2.  The holder of the cultural goods listed in the previous paragraph 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 substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations or in the absence of such laws and regulations. In cases where the source country of the cultural goods cannot be reliably determined, the application for the import licence shall 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.

 

The holder of cultural goods that originate in conflict-affected or high-risk countries shall always 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 substantiating that such cultural goods have been exported from the source country in accordance with its laws and regulations.

Amendment    31

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3.  The competent authority of the 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.

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    32

Proposal for a regulation

Article 4 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

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 may reject the application on the following grounds:

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 must reject the application on the following grounds:

Amendment    33

Proposal for a regulation

Article 4 – paragraph 4 – point a

Text proposed by the Commission

Amendment

(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 regulations;

(a)  where it is not demonstrated that the cultural goods were exported from the source country in accordance with its laws and regulations or where it is not demonstrated that the export from the source country was made in the absence of such laws and regulations;

Amendment    34

Proposal for a regulation

Article 4 – paragraph 4 – point b

Text proposed by the Commission

Amendment

(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;

(b)  where there are pending claims for restitution by the authorities of the source country.

Amendment    35

Proposal for a regulation

Article 4 – paragraph 4 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba)  when there are pending requests for repayment from the competent authorities of the source country;

Justification

Among the reasons for which the application for the issue of an import license may be refused by the competent authority, the case of a pending request by the country of origin must also appear.

Amendment    36

Proposal for a regulation

Article 4 – paragraph 4 – point c

Text proposed by the Commission

Amendment

(c)  the competent authority has reasonable grounds to believe that the holder of the goods did not acquire them lawfully.

(c)  the competent authority has reasonable grounds to affirm that the holder of the goods did not acquire them lawfully.

Amendment    37

Proposal for a regulation

Article 4 – paragraph 4 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca)  if the import request concerns a cultural good for which the same application was previously refused by another member state of the Union, refusal that the applicant is required to communicate to the competent authority for the issue of the license import;

Justification

Among the reasons for which the application for the issue of an import license might be refused by the competent authority, there must be also the case in which the same application was previously refused by another Member State, refusal that the applicant is held to communicate to the competent authority for the issue of the license import.

Amendment    38

Proposal for a regulation

Article 4 – paragraph 4 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

In case the import licence is issued, the competent authority shall register that licence electronically.

Amendment    39

Proposal for a regulation

Article 4 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

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 shall be communicated to the applicant affected at the time it is issued.

Amendment    40

Proposal for a regulation

Article 4 – paragraph 6

Text proposed by the Commission

Amendment

6.  The Commission may 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.

6.  The Commission shall establish, by means of implementing acts, the electronic standardised template for the application for the import licence as well as the procedural rules on the electronic submission and processing of such an application together with the relevant supporting documents, which shall be done by electronic means. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.

Amendment    41

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

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 importer statement to the customs authorities of the Member State of entry.

1.  The import 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.

 

The previous paragraph does not apply to cultural goods that originate in conflict-affected or high-risk countries. Such cultural goods require the presentation of an import licence issued by the competent authority of the first Member State of entry in accordance with the provisions set out in Article 4.

Amendment    42

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2.  The importer statement shall contain a declaration signed by the holder of the goods 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.

2.  In cases where the source country of the cultural goods can be reliably determined, the electronic importer statement shall consist of:

 

(a)   a declaration signed by the holder of the goods;

The importer statement shall include a standardised document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities.

(b)  a standardised electronic document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities; and

 

(c)  an export licence or certificate issued by the source country. In cases where the source country’s legislation does not foresee the issue of export licences or certificates, the importer statement shall be accompanied by reliable supportive documents and information that 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.

 

In cases where the source country of the cultural goods cannot be reliably determined, the electronic importer statement shall consist of:

 

(a)  a declaration signed by the holder of the goods;

 

(b)  a standardised electronic document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities; and

 

(c)  an export licence or certificate issued by the export country. In cases where the export country’s legislation does not foresee the issue of export licences or certificates, the importer statement shall be accompanied by reliable supportive documents and information that prove that the cultural goods have been exported from the export country in accordance with its laws and regulations.

Amendment    43

Proposal for a regulation

Article 5 – paragraph 3

Text proposed by the Commission

Amendment

3.  The Commission may 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.

3.  The Commission shall adopt, by means of implementing acts, the electronic standardised template for the importer statement as well as the procedural rules on the electronic 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    44

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1.  The import licence referred to in Article 4 or the importer statement referred to in Article 5, as the case may be, shall be submitted to the customs office competent to release the cultural goods for free circulation or for placing them under a special procedure other than transit.

1.  The import licence referred to in Article 4 or the importer statement referred to in Article 5, as the case may be, shall be electronically submitted to the customs office competent to release the cultural goods for free circulation or for placing them under a special procedure other than transit.

Amendment    45

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission

Amendment

2.  With regard to cultural goods requiring the issue of an import licence to enter the customs territory of the Union, the customs authorities shall check whether the import licence corresponds to the goods presented. For that purpose, they may physically examine the cultural goods, including by conducting an expertise.

2.  With regard to cultural goods requiring the issue of an import licence to enter the customs territory of the Union, the customs authorities shall check whether the import licence corresponds to the goods presented. For that purpose, they may physically examine the cultural goods by conducting an expertise, in close collaboration with the competent authorities for cultural goods. The import licence electronically registered shall be attributed a serial number and a registration date and, upon release of the goods, the declarant will be provided with a copy of the registered import licence.

Amendment    46

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

3.  With regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the Union, the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of Article 5 and corresponds to the goods presented. For that purpose, they may require additional information from the declarant and physically examine the cultural goods, including by conducting an expertise. They shall register the importer statement by attributing to it a serial number and a registration date and, upon release of the goods, provide the declarant with a copy of the registered importer statement.

3.  With regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the Union, the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of Article 5 and corresponds to the goods presented. For that purpose, they may require additional information from the declarant and physically examine the cultural goods by conducting an expertise as set out in paragraph 2. The importer statement registered electronically shall be attributed a serial number and a registration date and, upon release of the goods, the declarant will be provided with a copy of the registered importer statement.

Amendment    47

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

Where Member States restrict the number of customs offices competent to release 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.

Where Member States restrict the number of customs offices competent to import cultural goods, they shall communicate the details of those customs offices as well as any changes in that respect to the Commission. Even though the number of customs offices is restricted, Member States shall ensure that the holders of the goods or the importers have sufficient access to these offices.

Amendment    48

Proposal for a regulation

Article 8 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

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    49

Proposal for a regulation

Article 8 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a.  Customs authorities shall immediately notify the source country or the export country, as the case may be, if, after having taken the decision referred to in paragraph 1, there are reasonable grounds to suspect that the cultural goods in question have been removed from the territory of the source country or the export country without the consent of their legitimate owner or have been removed in breach of those countries' laws and regulations.

Amendment    50

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2.  An electronic system may be developed for the storage and the exchange of information between the authorities of the Member States, in particular regarding importer statements and import licences.

2.  An electronic system shall be developed for the storage and the exchange of information between the authorities of the Member States, in particular regarding importer statements and import licences.

Amendment    51

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

The Commission may lay down, by means of implementing acts,

The Commission shall lay down, by means of implementing acts,

Amendment    52

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

The Member States shall lay down the rules on penalties applicable to infringements of Articles 3, 4 and 5 and in particular, to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the Union, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and of those measures within 18 months of the entry into force of the Regulation and shall notify it, without delay, of any subsequent amendment affecting them.

The Member States shall lay down the rules on penalties applicable to infringements of Articles 3, 4 and 5 and in particular, to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the Union, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States furthermore undertake to assess the advisability of establishing, where they are not already present in their own legal systems, specific operational units specialising in combating the unlawful import of cultural goods. Member States shall notify the Commission of those rules and of those measures within 18 months of the entry into force of the Regulation and shall notify it, without delay, of any subsequent amendment affecting them.

Amendment    53

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

11.  Member States shall organise training and capacity building activities to ensure the effective implementation of this Regulation by the authorities concerned. They may also use awareness-raising campaigns to sensitise in particular buyers of cultural goods.

11.  Member States shall organise training and capacity building activities to ensure the effective implementation of this Regulation by the authorities and the professionals concerned. They shall also use awareness-raising campaigns to sensitise in particular buyers of cultural goods. Moreover, in order to assist the market actors to implement this Regulation, information contact points shall be made available in each Member State. In their preparatory works for the implementation of this Regulation, the Commission and the Member States shall cooperate with international organisations, such as UNESCO, Interpol, EUROPOL and the ICOM, to ensure effective training, capacity building activities and awareness raising campaigns.

Amendment    54

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

The Commission shall establish, by means of implementing acts, a regularly updated list of conflict-affected and high-risk countries by means of which restrictive measures applied to cultural goods shall be established, in accordance with Article 215 of the Treaty on the Functioning of the European Union.

Amendment    55

Proposal for a regulation

Article 12 a (new)

Text proposed by the Commission

Amendment

 

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    56

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – point e

Text proposed by the Commission

Amendment

(e)  number of cases in which cultural goods have been retained and

(e)  number of cases in which cultural goods have been retained;

Amendment    57

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – point f

Text proposed by the Commission

Amendment

(f)  number of cases where cultural goods have been abandoned to the State in accordance with Article 199 of Regulation (EU) No 952/2013.

(f)  number of cases where cultural goods have been abandoned to the State in accordance with Article 199 of Regulation (EU) No 952/2013 and

Amendment    58

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – point f a (new)

Text proposed by the Commission

Amendment

 

(fa)  the criminal penalties adopted in order to implement this Regulation.

Amendment    59

Proposal for a regulation

Annex – table

Text proposed by the Commission

Amendment

[…]

deleted

Justification

The Annex of the proposal of the Commission shall be deleted and replaced with the Annex of the Export Regulation of cultural goods 116/2009, adapted to a single 100-year threshold and with some value thresholds recalibrated. Due to procedural reasons, two different amendments have been proposed (one to delete, the other one to modify the previous Annex) and they shall be voted jointly.

Amendment    60

Proposal for a regulation

Annex – table a (new)

1.  Archaeological objects more than 100 years old which are the products of:

 

  excavations and finds on land or under water

9705 00 00

  archaeological sites

9706 00 00

  archaeological collections

 

2.  Elements forming an integral part of artistic, historical or religious monuments which have been dismembered, of an age exceeding 100 years

9705 00 00

 

9706 00 00

3.  Pictures and paintings, other than those included in categories 4 or 5, executed entirely by hand in any medium and on any material

9701

4.  Watercolours, gouaches and pastels executed entirely by hand on any material

9701

5.  Mosaics in any material executed entirely by hand, other than those falling in categories 1 or 2, and drawings in any medium executed entirely by hand on any material

6914

 

9701

6.  Original engravings, prints, serigraphs and lithographs with their respective plates and original posters

Chapter 49

 

9702 00 00

 

8442 50 99

7.  Original sculptures or statuary and copies produced by the same process as the original, other than those in category 1

9703 00 00

8.  Photographs, films and negatives thereof

3704

 

3705

 

3706

 

4911 91 80

9.  Incunabula and manuscripts, including maps and musical scores, singly or in collections

9702 00 00

 

9706 00 00

 

4901 10 00

 

4901 99 00

 

4904 00 00

 

4905 91 00

 

4905 99 00

 

4906 00 00

10.  Books more than 100 years old, singly or in collections

9705 00 00

 

9706 00 00

11.  Printed maps more than 100 years old

9706 00 00

12.

 

(a)  Collections and specimens from zoological, botanical, mineralogical or anatomical collections;

9705 00 00

(b)  Collections of historical, paleontological, ethnographic or numismatic interest

9705 00 00

13.  Any other antique items not included in categories A.1 to A.12 more than 100 years old

97060000

The cultural objects in categories A.1 to A.13 are covered by this Regulation only if their value corresponds to, or exceeds, the financial thresholds under B.

B.

Financial thresholds applicable to certain categories under A (in euro)

Value:

Whatever the value

  1 (Archaeological objects)

  2 (Dismembered monuments)

  9 (Incunabula and manuscripts)

15 000

  5 (Mosaics and drawings)

  6 (Engravings)

  8 (Photographs)

  11 (Printed maps)

30 000

  4 (Watercolours, gouaches and pastels)

50 000

  3 (Pictures)

  7 (Statuary)

  10 (Books)

  12 (Collections)

  13 (Any other object)

The assessment of whether or not the conditions relating to financial value are fulfilled must be made when an application for an import licence is submitted. The financial value is that of the cultural object in the Member State referred to in Article 2, point 1(a).

For the Member States which do not have the euro as their currency, the values expressed in euro in Annex I shall be converted and expressed in national currencies at the rate of exchange on 31 December 2001 published in the Official Journal of the European Communities. This countervalue in national currencies shall be reviewed every two years with effect from 31 December 2001. Calculation of this countervalue shall be based on the average daily value of those currencies, expressed in euro, during the 24 months ending on the last day of August preceding the revision which takes effect on 31 December. This method of calculation shall be reviewed, on a proposal from the Commission, by the Advisory Committee on Cultural Goods, in principle two years after the first application. For each revision, the values expressed in euro and their counter values in national currency shall be published periodically in the Official Journal of the European Union in the first days of the month of November preceding the date on which the revision takes effect.

(http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1522064603053&uri=CELEX:32009R0116)

Justification

The European Union must guarantee the same level of protection recognized to its cultural goods, including those imported from third countries on its territory. To this end, also in order to facilitate the application of this regulation by the competent customs authorities and the authorities responsible for issuing import licenses, the originally proposed annex shall be replaced with that of Regulation 116/2009 concerning exportation of cultural goods, adapting it to a single 100-year threshold and recalibrating some value thresholds, bearing in mind the scope of this regulation.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Import of cultural goods

References

COM(2017)0375 – C8-0227/2017 – 2017/0158(COD)

Committees responsible

       Date announced in plenary

INTA

11.9.2017

IMCO

11.9.2017

 

 

Opinion by

       Date announced in plenary

CULT

11.9.2017

Associated committees - date announced in plenary

18.1.2018

Rapporteur

       Date appointed

Santiago Fisas Ayxelà

24.10.2017

Rule 55 – Joint committee procedure

       Date announced in plenary

       

18.1.2018

Date adopted

7.6.2018

 

 

 

Result of final vote

+:

–:

0:

21

3

1

Members present for the final vote

Isabella Adinolfi, Dominique Bilde, Andrea Bocskor, Nikolaos Chountis, Silvia Costa, Damian Drăghici, Jill Evans, María Teresa Giménez Barbat, Giorgos Grammatikakis, Petra Kammerevert, Svetoslav Hristov Malinov, Rupert Matthews, Luigi Morgano, John Procter, Sabine Verheyen, Julie Ward, Bogdan Andrzej Zdrojewski

Substitutes present for the final vote

Norbert Erdős, Sylvie Guillaume, Dietmar Köster, Morten Løkkegaard, Martina Michels

Substitutes under Rule 200(2) present for the final vote

John Flack, Gabriel Mato, Fernando Ruas

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

21

+

ALDE

María Teresa Giménez Barbat, Morten Løkkegaard

EFDD

Isabella Adinolfi

ENF

Dominique Bilde

GUE/NGL

Nikolaos Chountis, Martina Michels

PPE

Andrea Bocskor, Norbert Erdős, Svetoslav Hristov Malinov, Gabriel Mato, Fernando Ruas, Sabine Verheyen, Bogdan Andrzej Zdrojewski

S&D

Silvia Costa, Damian Drăghici, Giorgos Grammatikakis, Sylvie Guillaume, Petra Kammerevert, Dietmar Köster, Luigi Morgano, Julie Ward

3

-

ECR

John Flack, Rupert Matthews, John Procter

1

0

VERTS/ALE

Jill Evans

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention


OPINION of the Committee on Civil Liberties, Justice and Home Affairs (4.7.2018)

for the Committee on International Trade and the Committee on the Internal Market and Consumer Protection

on the proposal for a regulation of the European Parliament and of the Council on the import of cultural goods

(COM(2017)0375 – C8‑0227/2017 – 2017/0158(COD))

Rapporteur for opinion: Kostas Chrysogonos

AMENDMENTS

The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on International Trade and the Committee on the Internal Market and Consumer Protection, as the committees responsible, to take into account the following amendments:

Amendment    1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1)  In the light of the Council Conclusions of 12 February 2016 on the fight against the financing of terrorism, the Communication from the Commission to the European Parliament and the Council on an Action Plan for strengthening the fight against terrorist financing24 and the Directive on combating terrorism25, common rules on trade with third countries should be enacted so as to ensure the effective protection against the loss of cultural goods, the preservation of humanity's cultural heritage and the prevention of terrorist financing through the selling of looted cultural heritage to buyers in the Union.

(1)  In the light of the Council Conclusions of 12 February 2016 on the fight against the financing of terrorism, the Communication from the Commission to the European Parliament and the Council on an Action Plan for strengthening the fight against terrorist financing24 and the Directive on combating terrorism25, common rules on trade with third countries should be enacted so as to ensure the effective protection against trafficking, the loss of cultural goods, the preservation of humanity's cultural heritage and the prevention of terrorist financing and money laundering through the selling of looted cultural heritage to buyers in the Union.

__________________

__________________

24 COM(2016) 50 final.

24 COM(2016) 50 final.

25 Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA; OJ L 88, 31.3.2017, p.6-21

25 Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA; OJ L 88, 31.3.2017, p.6-21

Amendment    2

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1 a)  With regard to the European Union's commitment to fair processes and victim compensation, as well as the UNESCO constitution and conventions on heritage protection, the restitution of objects traded and/or excavated or obtained illegally must be ensured. With respect to the exploitation of peoples and territories that usually leads to the illicit trade and trafficking in cultural property in particular when originating from a context of armed conflict, this regulation should take into account regional and local characteristics, rather than market value of cultural production.

Amendment    3

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2)  Cultural heritage constitutes one of the basic elements of civilisation, it enriches the cultural life of all peoples and it should therefore be protected from unlawful appropriation and pillage. The Union should accordingly prohibit the entry in the customs territory of the Union of cultural goods unlawfully exported from third countries.

(2)  Cultural goods are often of major cultural, artistic, historical and scientific importance. Cultural heritage constitutes one of the basic elements of civilisation, inter alia, with symbolic value and cultural memory of humankind. It enriches the cultural life of all peoples and it unites people in shared memory knowledge and development of the civilization. It should therefore be protected from unlawful appropriation and pillage. Looting of archaeological sites happened at all times, but has now reached an industrial scale. As long as it is possible to engage in lucrative trade in illegally excavated cultural goods and profit without any notable risks, these excavations and looting will continue in the future. The economic and artistic value of the cultural heritage creates a strong demand on the international market, but the lack of strong international legislative measures and their enforcement leads to the transfer of these goods to the shadow economy. Targeting of cultural heritage is a serious crime that causes significant suffering to those directly or indirectly affected. The illicit trading of cultural goods in many cases contributes to the achievement of forceful cultural homogenization and/or expulsion, while the looting and pillage of cultural goods leads, among others, to disintegration. The Union should accordingly prohibit the entry in the customs territory of the Union of cultural goods unlawfully exported from third countries, with particular emphasis on cultural goods from third countries affected armed conflicts involving, in particular, export by terrorist or other criminal organisations.

Amendment    4

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2 a)  The competent authorities of the third countries do not always have enough capabilities to fight cultural goods trafficking and illegal trade or are subject to corruption or other forms of maladministration. When cultural objects are taken out of context, the population is deprived of its customs and objects or places of remembrance and worship. The historical context and scientific value of objects are lost if associated items are sold separately. In view of the irreplaceability of cultural goods and the interest of the public, possession of these can only be conditional. The import procedure must include an assurance of subsequent appropriate storage, documentation, accessibility granted to academic institutions and public museums, and cooperation in the case of justified restitution claims.

Amendment    5

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3)  In view of different rules applying in the Member States regarding the entry of cultural goods into the customs territory of the Union, measures should be taken in particular to ensure that imports of cultural goods are subject to uniform controls upon their entry.

(3)  Protection of cultural heritage can be effective only if organized both nationally and internationally among Member States working in close co-operation. In view of different rules applying in the Member States regarding the entry of stolen and/or looted cultural goods into the customs territory of the Union, concerted measures should be taken to properly harmonise the rules, regulations and procedures between Member States, ensuring that imports of cultural goods are subject to uniform controls upon their entry, while addressing loopholes in taxation. Those measures should also ensure that EU legislation is properly applied in all Member States, and that the retrieving of irreplaceable objects is effective.

Amendment    6

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5)  Given the known potential of free zones (and so-called "free ports") for the purpose of storing cultural goods, the control measures to be put in place should have as broad a scope as possible in terms of customs procedures concerned. Those control measures should therefore not only concern goods released for free circulation but also goods placed under a special customs procedure. However, such a broad scope should not go against the principle of freedom of transit of goods nor go beyond the objective of preventing illicitly exported cultural goods from entering the customs territory of the Union. Accordingly, while encompassing special customs procedures under which goods entering the customs territory of the Union may be placed, control measures should exclude transit.

(5)  Given the known potential of free zones (and so-called "free ports") for the purpose of storing cultural goods, the control measures to be put in place should have as broad a scope as possible in terms of customs procedures concerned in order to prevent circumvention by exploitation of free zones, which represent potential background areas for continued proliferation of trade and storage in ill-gotten products in the EU. Those control measures should therefore not only concern goods released for free circulation but also goods placed under a special customs procedure. However, such a broad scope should not unreasonably counter the principle of freedom of transit of goods nor go beyond the objective of preventing illicitly exported cultural goods from entering the customs territory of the Union. Accordingly, while encompassing special customs procedures under which goods entering the customs territory of the Union may be placed, control measures should exclude transit, except when competent authorities have reasonable grounds to believe that cultural goods have been exported from the source country in violation of its laws and regulations or have been acquired in an otherwise illicit manner.

Amendment    7

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(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, when 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 exported from there legally, when the third 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 country.

(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, when 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 the source country. In all cases, 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    8

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(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 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.

(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 limit. For that purpose, it seems appropriate to set a 100 year minimum age threshold for all categories of cultural goods, in line with the provisions of the 1954 Hague Convention, the 1970 UNESCO Convention and of the 1995 UNIDROIT Convention. 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. Cultural goods that have been produced recently also may be subject to illicit trafficking and be used by the EU or third-country criminal organisations for money laundering, financing of terrorism, drug or human trafficking, or other crimes. As a result, appropriate measures should be taken to prevent their illicit import.

Amendment    9

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(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 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 licit export from the source country with the appropriate supportive documents and evidence, in particular, export certificates or 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.

(10)  Since certain categories of cultural goods, such as archaeological objects, elements of monuments, pieces of jewellery art, numismatic objects, artefacts of ancient technological achievements, 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 production of a licence issued electronically by the competent authority of the 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 licit export from the source country in accordance with its laws and regulations with the appropriate supportive documents and evidence, in particular, export certificates or 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, taking due account of the availability of relevant information and following the principle of proportionality. Persons submitting an application should not be charged a fee in relation to their application. The decisions of the competent authorities should be communicated immediately to the relevant customs offices.

Amendment    10

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission

Amendment

 

(10 a)  Instances of looting connected to terrorist financing or money laundering have historically been connected to specific source countries or regions. The Commission should in particular take into account the Red Lists published by ICOM, which classify the endangered categories of archaeological objects or works of art in the most vulnerable areas of the world in order to prevent them being sold or illegally. Having regard to the particular nature of cultural goods, cultural experts within the customs authorities should be appointed. Their role is extremely relevant since they should be able, where necessary, to require additional information from the declarant and to physically examine the cultural goods by conducting an expertise.

Amendment    11

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11)  For other categories of cultural goods, the persons seeking to introduce them into the customs territory of the Union should, by means of a 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 a 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 declarant, in order to ensure traceability after the goods enter the internal market.

(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 standardized document. The Object ID standard, recommended by UNESCO, should be used to describe the cultural goods. Those cultural goods should be electronically registered and the declarant should be provided with a copy of the relevant submitted documents in order to ensure traceability after the goods enter the internal market.

Amendment    12

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12)  Temporary admission of cultural goods for educational, scientific or academic research purposes should not be subject to the presentation of a licence or of a statement.

(12)  Temporary admission of cultural goods for educational, scientific or academic research purposes or for non-profitable cooperation between museums or similar public non-profit institutions should not be subject to the presentation of a licence or of a statement, provided that there is no evidence that these goods are illicitly obtained.

Amendment    13

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13)  Storage of cultural goods from countries affected by armed conflict or suffering a natural disaster should also be permitted without the presentation of a licence or a statement in order to ensure their safety and preservation.

(13)  Countries affected by armed conflict or relevant crisis are usually unable to sufficiently protect their cultural heritage. Storage of cultural goods from these countries should therefore also be permitted without the presentation of a licence or a statement, on the condition that competent authorities accompany and administer the process until restitution. A careful risk assessment should be carried out on the persons seeking to introduce them into the customs area of the Union, with particular attention to the potential that storage of cultural goods from export countries affected by armed conflict or other relevant crisis may be used as a source of money laundering or terrorism financing.

Amendment    14

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission

Amendment

 

(13a)  Customs authorities should be able to seize and temporarily retain cultural goods brought into the customs territory of the Union when the conditions laid down in this Regulation are not fulfilled. Appropriate safeguards should be in place, in particular proper information to the declarant, effective remedies, and a maximum period of retention of 6 months. The temporary seizure and retention of cultural goods should be limited in cases where it would represent undue hardship for natural persons, based on a proper assessment and on a case-by-case basis.

Justification

It is important to insert the principle of “undue hardship” in this Regulation when it comes to temporary retention of cultural goods, in order to avoid possible situations where such retention would have a disproportionate effect on a natural person. This principle is already foreseen in other instruments of EU law, namely on Cash Controls and on Freezing and Confiscation.

Amendment    15

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(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 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.

(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 order to lay down the arrangements for the deployment, operation and maintenance of a new electronic system. 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.

27 OJ L 123, 12.5.2016, p. 1.

Amendment    16

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(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, the templates for import licence applications and forms, as well as for importer statements and their accompanying documents, as well as further procedural rules on their 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 .

(15)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt after consultation with the European Parliament and the Council, including at expert level, specific modalities for the temporary admission and storage in adequate conservation conditions of cultural goods into the customs territory of the Union, the templates for import licence applications and forms, as well as for importer statements and their accompanying documents, as well as further procedural rules on their submission and processing. 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).

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    17

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16)  Relevant information on trade flows of cultural goods should be collected to support the efficient implementation of the Regulation and to provide the basis for its future evaluation. Trade flows of cultural goods cannot be efficiently monitored only by their value or weight since these two measurements can fluctuate. It is essential to collect information on the number of items declared. As no supplementary measurement unit is specified in the Combined Nomenclature for cultural goods, it is necessary to require that the number of items is declared.

(16)  Relevant information on trade flows of cultural goods should be collected to support the efficient implementation of the Regulation and to provide the basis for its future evaluation. Trade flows of cultural goods cannot be efficiently monitored only by their value or weight since these two measurements can fluctuate. It is essential to electronically collect information on the number of items declared. As no supplementary measurement unit is specified in the Combined Nomenclature for cultural goods, it is necessary to require that the number of items is declared.

Amendment    18

Proposal for a regulation

Recital 17 a (new)

Text proposed by the Commission

Amendment

 

(17 a)  Member States should develop awareness-raising campaigns in order to discourage the purchase and sale of cultural goods coming from illicit trade. Easily accessible information contact points, hotlines and a website should be established and made available in Member States in order to sensitise and inform in particular buyers of cultural goods or other stakeholders.

Amendment    19

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19)  Sufficient time should be provided for the Commission to adopt rules implementing this Regulation, in particular those regarding the appropriate forms to use to apply for an import licence or to prepare an importer statement. Consequently, the application of this Regulation should be deferred.

(19)  The Commission should adopt without delay rules implementing this Regulation, in particular those regarding the appropriate electronic standardised forms to use to apply for an import licence or to prepare an importer statement.

Amendment    20

Proposal for a regulation

Article 2 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(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 therein;

(a)  'cultural goods' means any object which on religious or secular grounds is of significant 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 therein;

Amendment    21

Proposal for a regulation

Article 2 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(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;

(c)  'export country' means the last country in which the cultural goods were held in accordance with that country's laws and regulations before their dispatch to the Union;

Amendment    22

Proposal for a regulation

Article 2 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d)  'permanently' means for a period of time of at least one month and for purposes other than temporary use, transit, export or dispatch;

deleted

Amendment    23

Proposal for a regulation

Article 2 – paragraph 1 – point h a (new)

Text proposed by the Commission

Amendment

 

(h a)  ‘competent authorities’ means the authorities designated by the Member States to issue importer licences and register importer statements

Amendment    24

Proposal for a regulation

Article 2 – paragraph 2

Text proposed by the Commission

Amendment

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 threshold in the third column of the table in the Annex in the light of experience gathered during the implementation of this Regulation.

2.  The Commission is empowered to adopt, after consultation with the European Parliament and the Council, including at expert level, delegated acts in accordance with Article 12 in order to lay down arrangements for the deployment, operation and maintenance of the electronic system referred to in Article 9.

Amendment    25

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1.  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.

1.  The entry into the Union’s customs territory of cultural goods which have been illegally exported from a third country is prohibited.

 

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.

 

The issuance of an import licence or the correct submission of the importer statement to the customs authorities shall not be construed to be evidence of licit provenance or ownership of the cultural goods.

Amendment    26

Proposal for a regulation

Article 3 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(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 and academic research purposes;

(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, conservation and academic research purposes and for the purpose of cooperation between public museums or similar public non-profit institutions for the organization of cultural exhibitions, provided that there is no evidence that these goods are illicitly obtained;

Amendment    27

Proposal for a regulation

Article 3 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b)  the storage, within the meaning of Article 237 of Regulation (EU) No 952/2013, of cultural goods for the express purpose of ensuring their preservation by, or under the supervision of, a public authority.

(b)  the storage, within the meaning of Article 237 of Regulation (EU) No 952/2013, of cultural goods for the express purpose of ensuring their protection and preservation by, or under the supervision of, a public authority, after carrying out a risk assessment on the persons seeking to introduce them into the customs area of the Union.

Amendment    28

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

3.  The Commission may adopt, by means of implementing acts, the specific modalities for the temporary admission or storage of cultural goods referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.

3.  The Commission may adopt, by means of implementing acts, the specific modalities for the temporary admission or storage of cultural goods for their protection referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.

Amendment    29

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

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.

2.  The holder of the cultural goods listed in the previous paragraph 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. In all cases, the application shall 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. An assurance of appropriate storage entailing documentation, accessibility granted to public academic institutions, public museums or similar public non-profit institutions and cooperation in the case of justified restitution claims must accompany the application for it in order to qualify for import licences.

Amendment    30

Proposal for a regulation

Article 4 – paragraph 4 – point a

Text proposed by the Commission

Amendment

(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 regulations;

(a)  where it is not demonstrated that the cultural goods were exported from the source country in accordance with its laws and regulations;

Amendment    31

Proposal for a regulation

Article 4 – paragraph 4 – point b

Text proposed by the Commission

Amendment

(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;

(b)  the competent authority has reasonable grounds to believe that the holder of the goods did not acquire them lawfully;

Amendment    32

Proposal for a regulation

Article 4 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4 a.  If the application is accepted, the competent authority shall immediately send a copy of the import licence electronically to the relevant customs authorities.

 

If the application is rejected, the competent authority shall immediately inform the relevant customs authorities and the Commission. The rejection decision shall be accompanied by a statement of reasons for refusing the application, including information on the appeal procedure, which is communicated to the applicant affected at the time it is issued.

 

When an application is made for a licence for cultural goods for which a previous application has been rejected, the applicant must inform the competent authority to which the application is submitted of the previous rejection.

 

Member States shall recognise the rejection of applications by the competent authorities of the other Member States, where the rejection was based on the provisions of this Regulation.

 

Where new evidence to support such an application has become available a new application could be submitted pursuant to Article 4 par. 2. If a competent authority issues a certificate in cases such as these, it shall inform the Commission that it has done so, stating the reasons behind its decision.

 

The Commission shall send the information it has received to the other Member States in order to ensure the uniform application of this regulation.

Amendment    33

Proposal for a regulation

Article 4 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall designate the public authorities competent to issue import licenses in accordance with this Article. They shall communicate the details of those authorities as well as any changes in that respect to the Commission.

Member States shall designate without delay the public authorities competent to issue import licenses in accordance with this Article. They shall communicate the details of those authorities as well as any changes in that respect to the Commission.

Amendment    34

Proposal for a regulation

Article 4 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission shall publish the details of those competent authorities and any changes thereto in the 'C' series of the Official Journal of the European Union.

The Commission shall publish the details of those competent authorities and any changes thereto in the 'C' series of the Official Journal of the European Union, as well as on the dedicated website referred to in Article 11.

Justification

For the sake of transparency, the list of competent authorities should be made publicly available on a website hosted by the Commission.

Amendment    35

Proposal for a regulation

Article 4 – paragraph 6

Text proposed by the Commission

Amendment

6.  The Commission may 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.

6.  The Commission shall establish, by means of implementing acts, the electronic standardised template for the importer statement and for the application for the import licence as well as the procedural rules on the submission and processing of such an application together with the relevant supporting documents. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.

Amendment    36

Proposal for a regulation

Article 5 – title

Text proposed by the Commission

Amendment

Importer statement

Importer statement and preservation assurance

Amendment    37

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

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 importer statement to the customs authorities of the Member State of entry.

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 importer statement and a preservation assurance to the customs authorities of the Member State of entry.

Amendment    38

Proposal for a regulation

Article 5 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

The importer statement shall contain a declaration signed by the holder of the goods 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.

The importer statement registered electronically and transmitted, where relevant, to the competent authorities, in an electronic form or on paper 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.

Amendment    39

Proposal for a regulation

Article 5 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

The importer statement shall include a standardised document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities.

The importer statement and the preservation assurance shall include a standardised document in an electronic form or on paper describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities. The importer statement shall also contain information on the consequences of submitting a false statement.

Amendment    40

Proposal for a regulation

Article 5 – paragraph 2 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

 

The importer statement has to be accompanied by an obligatory insurance covering the period of transportation and use on the territory of the EU. In addition, the originals of other documents, such as expert appraisal, invoices, ownership titles, can be requested by the customs officers at the moment of entering the EU customs space.

 

The preservation assurance shall contain a declaration signed by the holder of the goods that the goods will be stored appropriately during transit and sale as mentioned in Article 4, as well as sold exclusively to buyers able to comply with member state regulation concerning the proper handling of cultural goods.

Amendment    41

Proposal for a regulation

Article 5 – paragraph 3

Text proposed by the Commission

Amendment

3.  The Commission may 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.

3.  The Commission may adopt, by means of implementing acts, the electronic standardised template for the importer statement as well as the procedural rules on the electronic 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    42

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1.  The import licence referred to in Article 4 or the importer statement referred to in Article 5, as the case may be, shall be submitted to the customs office competent to release the cultural goods for free circulation or for placing them under a special procedure other than transit.

1.  The import licence referred to in Article 4 or the importer statement referred to in Article 5, as the case may be, shall be electronically submitted to the customs office competent to release the cultural goods for free circulation or for placing them under a special procedure other than transit.

Amendment    43

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission

Amendment

2.  With regard to cultural goods requiring the issue of an import licence to enter the customs territory of the Union, the customs authorities shall check whether the import licence corresponds to the goods presented. For that purpose, they may physically examine the cultural goods, including by conducting an expertise.

2.  With regard to cultural goods requiring the issue of an import licence to enter the customs territory of the Union, the customs authorities shall check whether the import licence corresponds to the goods presented. For that purpose, they may physically examine the cultural goods by conducting an expertise. The import licence electronically registered shall be attributed a serial number and a registration date and, upon release of the goods, the declarant will be provided with a copy of the registered import licence.

Amendment    44

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

3.  With regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the Union, the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of Article 5 and corresponds to the goods presented. For that purpose, they may require additional information from the declarant and physically examine the cultural goods, including by conducting an expertise. They shall register the importer statement by attributing to it a serial number and a registration date and, upon release of the goods, provide the declarant with a copy of the registered importer statement.

3.  With regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the Union, the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of Article 5 and corresponds to the goods presented. For that purpose, they may require additional information from the declarant and physically examine the cultural goods by conducting an expertise. The importer statement electronically registered shall be attributed a serial number and a registration date and, upon release of the goods, the declarant will be provided with a copy of the registered importer statement and the statement will be sent to the competent authorities.

Amendment    45

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

The Commission shall publish the details of the competent customs offices and any changes thereto in the 'C' series of the Official Journal of the European Union.

The Commission shall publish the details of the competent customs offices and any changes thereto in the 'C' series of the Official Journal of the European Union, as well as on the dedicated website referred to in Article 11.

Justification

For the sake of transparency, the list of competent authorities should be made publicly available on a website hosted by the Commission.

Amendment    46

Proposal for a regulation

Article 7 a (new)

Text proposed by the Commission

Amendment

 

Article 7a

 

Should the check on the EU boarder show that the cultural goods are being illicitly imported, the competent EU customs office should inform the national police and the customs offices of the country of provenience of the retained cultural good about the attempt of illegal transportation and use of the artwork. Should the country from which the cultural goods are being illicitly transported differ from the country of origin, national authorities of both countries need to be informed.

Amendment    47

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1.  Customs authorities shall seize and temporarily retain cultural goods brought into the customs territory of the Union where the cultural goods in question entered the customs territory of the Union without the conditions laid down in paragraphs 1 and 2 of Article 3 being fulfilled.

1.  Customs authorities shall seize and temporarily retain cultural goods brought into the customs territory of the Union where the cultural goods in question entered the customs territory of the Union without the conditions laid down in paragraphs 1 and 2 of Article 3 being fulfilled. In the case of seizure or temporary retention of cultural goods, there shall be appropriate guarantees for their optimal conservation, in accordance with Union and international law.

Amendment    48

Proposal for a regulation

Article 8 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1 a.  The customs authorities, also in cooperation with other relevant European or national agencies where appropriate, shall decide to subject customs control and verification to more thorough scrutiny using a risk-based approach. When competent authorities have reasonable grounds to believe that cultural goods in transit on the territory of the Union may have been exported in violation of rules and regulations of a source country, or otherwise obtained through illicit manner, they shall instruct customs authorities to temporarily seize those goods.

Amendment    49

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2.  The administrative decision referred to in paragraph 1 shall be accompanied by a statement of reasons, be communicated to the declarant and shall be subject to an effective remedy in accordance with procedures provided for in national law.

2.  The administrative decision referred to in paragraph 1 and 1a shall be accompanied by a statement of reasons, be communicated to the declarant and shall be subject to an effective remedy in accordance with procedures provided for in national law..

Amendment    50

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3.  The period of temporary retention shall be strictly limited to the time required for the customs authorities or other law enforcement authorities to determine whether the circumstances of the case warrant retention under other provisions of Union or national law. The maximum period of temporary retention under this Article shall be 6 months. If no determination is made regarding further retention of the cultural goods within that period or if a determination is made that the circumstances of the case do not warrant further retention, the cultural goods shall be made available to the declarant.

3.  The period of temporary retention shall be strictly limited to the time required for the customs authorities or other law enforcement authorities to determine whether the circumstances of the case warrant retention under other provisions of Union or national law. The maximum period of temporary retention under this Article shall be 6 months. If no determination is made regarding further retention of the cultural goods within that period or if a determination is made that the circumstances of the case do not warrant further retention, the cultural goods shall be made available to the declarant. Authorities of the EU Member States have to make sure that at the moment of restitution of the artworks to the country of origin the latter is not affected by an armed crisis where the safety of the cultural object cannot be guaranteed. Otherwise the object has to remain in the EU until the situation in the country of origin is stabilised.

Amendment    51

Proposal for a regulation

Article 8 a (new)

Text proposed by the Commission

Amendment

 

Article 8a

 

Technical assistance, guidance and exchange of information

 

The Member States, with the help of the Commission if necessary, may provide assistance and technical or other guidance to importers, taking account of the situation of small and medium-sized enterprises, in order to help them comply with the requirements of this Regulation.

 

The Member States, with the assistance of the Commission, shall help to disseminate useful information on the illicit trafficking of cultural goods, in particular with a view to helping importers assess the risks, and on best practices for the implementation of this Regulation.

 

Assistance shall be provided in a way that does not undermine the powers of the competent authorities referred to in Article 2(1)(h)(a), and which allows them to remain independent in the monitoring of compliance with this Regulation.

Justification

This new article is modelled on Article 13 of Regulation No 995/2010 laying down the obligations of operators who place timber and timber products on the market (‘EUTR), and its objective is to make it easier for this Regulation to be implemented correctly.

Amendment    52

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1.  For the purposes of implementing this Regulation, Member States shall ensure co-operation between their competent authorities referred to in Article 3(4).

1.  For the purposes of implementing this Regulation, Member States shall ensure co-operation between their competent authorities.

Amendment    53

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2.  An electronic system may be developed for the storage and the exchange of information between the authorities of the Member States, in particular regarding importer statements and import licences.

2.  An electronic system shall be developed, on the basis of an appropriate legislative proposal, for the storage and the exchange of information between the authorities of the Member States, including custom authorities, in particular regarding importer statements and import licences. Any personal data stored or processed under such an electronic system shall respect the Union’s data protection legislation, in particular the principles of necessity, proportionality and purpose limitation as well as proper supervision by data protection authorities.

Amendment    54

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

a)  the arrangements for the deployment, operation and maintenance of the electronic system referred to in paragraph 2;

deleted

Amendment    55

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

The Member States shall lay down the rules on penalties applicable to infringements of Articles 3, 4 and 5 and in particular, to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the Union, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and of those measures within 18 months of the entry into force of the Regulation and shall notify it, without delay, of any subsequent amendment affecting them.

The Member States shall lay down the rules on penalties applicable to infringements of Articles 3, 4 and 5 and, in particular, to the import into the EU of cultural goods without the relevant certificate, to the use of a certificate for cultural goods other than those for which it was issued, or to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the Union, as well as to the making available of economic resources to criminal groups as a result of illicit import of cultural goods. Member States shall take all measures necessary, including expropriation against relevant property of perpetrators of illicit import of cultural goods, to ensure that they are fully implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and of those measures within 18 months of the entry into force of the Regulation and shall notify it, without delay, of any subsequent amendment affecting them.

Amendment    56

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall organise training and capacity building activities to ensure the effective implementation of this Regulation by the authorities concerned. They may also use awareness-raising campaigns to sensitise in particular buyers of cultural goods.

Member States shall organise training for customs or other competent employees on identifying illicitly trafficked, stolen and fake cultural goods and cooperating more effectively in combating illegal trade and trafficking in cultural goods as well as capacity building activities to ensure the effective implementation of this Regulation by the authorities and the professionals concerned. The Commission shall host a dedicated website clearly informing all those concerned about the objectives of this Regulation, the obligations, the list of competent authorities, the possibility for temporary retention, the penalties introduced, the rights to an effective remedy or other relevant issues. Member States shall also use awareness-raising campaigns and establish and make available easily accessible information points and hotlines to sensitise and inform in particular buyers of cultural goods and other stakeholders. Expert assistance, dedicated funds and special equipment should be made available to the customs on the EU external borders to comply with the principles and the spirit of this Regulation.

Amendment    57

Proposal for a regulation

Article 11 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

In their preparatory works for the implementation of this Regulation, the Commission and the Member States shall cooperate with international organisations, such as the UNESCO, the Interpol, EUROPOL, World Customs Organization (WCO) and the International Council of Museums, to ensure effective training, capacity building activities and awareness rising campaigns.

Amendment    58

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b)  information on infringements of this Regulation;

(b)  information on infringements of this Regulation and the penalties applied;

Amendment    59

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – point e

Text proposed by the Commission

Amendment

(e)  number of cases in which cultural goods have been retained and

(e)  number of cases in which cultural goods have been retained and for how long and

Amendment    60

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – point f

Text proposed by the Commission

Amendment

(f)  number of cases where cultural goods have been abandoned to the State in accordance with Article 199 of Regulation (EU) No 952/2013.

(f)  number of cases where cultural goods have been abandoned to the State in accordance with Article 199 of Regulation (EU) No 952/2013 and

Amendment    61

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

For this purpose, the Commission shall address relevant questionnaires to the Member States. Member States shall have 6 months to communicate the requested information to the Commission.

For this purpose, the Commission shall address relevant questionnaires to the Member States. Member States shall have 6 months, from the receipt of the questionnaire to communicate the requested information to the Commission.

Amendment    62

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

 

On the basis of the Member States’ replies to the questionnaires referred to in paragraph 1, the Commission may ask Member States to provide additional information on the processing of import license applications. The Member States shall provide the information requested as quickly as possible.

Justification

In order to assess the whether this Regulation is being implemented in a uniform way, the Commission should, if necessary in its view, obtain more information on the processing of licence requests by the competent Member State authorities.

Amendment    63

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation three years after the date of application of this Regulation and, after that, every five years.

2.  The Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation three years after the date of application of this Regulation and, after that, every five years. The reports shall assess whether this Regulation is being implemented in a uniform way, how well it functions and how effective it is, and may be accompanied if necessary by appropriate legislative proposals.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Import of cultural goods

References

COM(2017)0375 – C8-0227/2017 – 2017/0158(COD)

Committees responsible

       Date announced in plenary

INTA

11.9.2017

IMCO

11.9.2017

 

 

Opinion by

       Date announced in plenary

LIBE

11.9.2017

Rapporteur

       Date appointed

Kostas Chrysogonos

26.2.2018

Rule 55 – Joint committee procedure

       Date announced in plenary

       

18.1.2018

Discussed in committee

14.5.2018

28.6.2018

 

 

Date adopted

28.6.2018

 

 

 

Result of final vote

+:

–:

0:

33

3

0

Members present for the final vote

Asim Ademov, Malin Björk, Michał Boni, Caterina Chinnici, Ana Gomes, Jussi Halla-aho, Monika Hohlmeier, Brice Hortefeux, Filiz Hyusmenova, Sophia in ‘t Veld, Barbara Kudrycka, Roberta Metsola, Ivari Padar, Judith Sargentini, Giancarlo Scottà, Birgit Sippel, Branislav Škripek, Csaba Sógor, Josef Weidenholzer, Kristina Winberg, Auke Zijlstra

Substitutes present for the final vote

Kostas Chrysogonos, Carlos Coelho, Jeroen Lenaers, Andrejs Mamikins, Angelika Mlinar, Maite Pagazaurtundúa Ruiz, Emilian Pavel, Morten Helveg Petersen, Barbara Spinelli, Elissavet Vozemberg-Vrionidi

Substitutes under Rule 200(2) present for the final vote

Karoline Graswander-Hainz, Eduard Kukan, Fernando Ruas, Joachim Schuster, Ramón Luis Valcárcel Siso

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

33

+

ALDE

Filiz Hyusmenova, Sophia in 't Veld, Angelika Mlinar, Maite Pagazaurtundúa Ruiz, Morten Helveg Petersen

EFDD

Kristina Winberg

ENF

Giancarlo Scottà

GUE/NGL

Malin Björk, Kostas Chrysogonos, Barbara Spinelli

PPE

Asim Ademov, Michał Boni, Carlos Coelho, Monika Hohlmeier, Brice Hortefeux, Barbara Kudrycka, Eduard Kukan, Jeroen Lenaers, Roberta Metsola, Fernando Ruas, Csaba Sógor, Ramón Luis Valcárcel Siso, Elissavet Vozemberg-Vrionidi

S&D

Caterina Chinnici, Ana Gomes, Karoline Graswander-Hainz, Andrejs Mamikins, Ivari Padar, Emilian Pavel, Joachim Schuster, Birgit Sippel, Josef Weidenholzer

VERTS/ALE

Judith Sargentini

3

-

ECR

Jussi Halla-aho, Branislav Škripek

ENF

Auke Zijlstra

0

0

 

 

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Import of cultural goods

References

COM(2017)0375 – C8-0227/2017 – 2017/0158(COD)

Date submitted to Parliament

12.7.2017

 

 

 

Committees responsible

       Date announced in plenary

INTA

11.9.2017

IMCO

11.9.2017

 

 

Committees asked for opinions

       Date announced in plenary

CULT

11.9.2017

LIBE

11.9.2017

 

 

Associated committees

       Date announced in plenary

CULT

18.1.2018

 

 

 

Rapporteurs

       Date appointed

Alessia Maria Mosca

11.1.2018

Daniel Dalton

11.1.2018

 

 

Rule 55 – Joint committee procedure

       Date announced in plenary

       

18.1.2018

Discussed in committee

21.2.2018

21.3.2018

23.4.2018

4.6.2018

 

18.6.2018

 

 

 

Date adopted

27.9.2018

 

 

 

Result of final vote

+:

–:

0:

56

4

3

Members present for the final vote

William (The Earl of) Dartmouth, Laima Liucija Andrikienė, Pascal Arimont, Tiziana Beghin, David Borrelli, Daniel Caspary, Dita Charanzová, Salvatore Cicu, Carlos Coelho, Anna Maria Corazza Bildt, Daniel Dalton, Nicola Danti, Pascal Durand, Evelyne Gebhardt, Karoline Graswander-Hainz, Christophe Hansen, Nadja Hirsch, France Jamet, Philippe Juvin, Jude Kirton-Darling, Danilo Oscar Lancini, Bernd Lange, David Martin, Emma McClarkin, Anne-Marie Mineur, Marlene Mizzi, Sorin Moisă, Franck Proust, Godelieve Quisthoudt-Rowohl, Inmaculada Rodríguez-Piñero Fernández, Tokia Saïfi, Marietje Schaake, Christel Schaldemose, Helmut Scholz, Joachim Schuster, Jasenko Selimovic, Adam Szejnfeld, Róża Gräfin von Thun und Hohenstein, Anneleen Van Bossuyt, Iuliu Winkler, Igor Šoltes

Substitutes present for the final vote

Klaus Buchner, Reimer Böge, Birgit Collin-Langen, Igor Gräzin, Arndt Kohn, Pina Picierno, Fernando Ruas, Paul Rübig, Martin Schirdewan, Pedro Silva Pereira, Ramon Tremosa i Balcells, Sabine Verheyen, Kerstin Westphal

Substitutes under Rule 200(2) present for the final vote

Clara Eugenia Aguilera García, Angel Dzhambazki, Czesław Hoc, Verónica Lope Fontagné, Nils Torvalds, Vladimir Urutchev, Henna Virkkunen, Tiemo Wölken, Flavio Zanonato

Date tabled

9.10.2018


FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

56

+

ALDE

Dita Charanzová, Igor Gräzin, Nadja Hirsch, Marietje Schaake, Jasenko Selimovic, Nils Torvalds, Ramon Tremosa i Balcells

EFDD

Tiziana Beghin, William (The Earl of) Dartmouth

ENF

Danilo Oscar Lancini

GUE/NGL

Martin Schirdewan, Helmut Scholz

NI

David Borrelli

PPE

Laima Liucija Andrikienė, Pascal Arimont, Reimer Böge, Daniel Caspary, Salvatore Cicu, Carlos Coelho, Birgit Collin-Langen, Anna Maria Corazza Bildt, Christophe Hansen, Philippe Juvin, Verónica Lope Fontagné, Sorin Moisă, Franck Proust, Godelieve Quisthoudt-Rowohl, Fernando Ruas, Paul Rübig, Tokia Saïfi, Adam Szejnfeld, Róża Gräfin von Thun und Hohenstein, Vladimir Urutchev, Sabine Verheyen, Henna Virkkunen, Iuliu Winkler

S&D

Clara Eugenia Aguilera García, Nicola Danti, Evelyne Gebhardt, Karoline Graswander-Hainz, Jude Kirton-Darling, Arndt Kohn, Bernd Lange, David Martin, Marlene Mizzi, Pina Picierno, Inmaculada Rodríguez-Piñero Fernández, Christel Schaldemose, Joachim Schuster, Pedro Silva Pereira, Kerstin Westphal, Tiemo Wölken, Flavio Zanonato

VERTS/ALE

Klaus Buchner, Pascal Durand, Igor Šoltes

4

-

ECR

Angel Dzhambazki, Czesław Hoc, Emma McClarkin, Anneleen Van Bossuyt

3

0

ECR

Daniel Dalton

ENF

France Jamet

GUE/NGL

Anne-Marie Mineur

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

Last updated: 12 October 2018Legal notice