Answer given by Ms Bieńkowska on behalf of the Commission
31.8.2015
1. The fight against illicit trafficking of cultural goods may only be successful if the information about the problem is widely spread in order to raise awareness amongst art market players and the public, if there is comprehensive legislation at national, European Union and international level and if the existing tools and the legislation in force are properly implemented.
Moreover, the access to comprehensive information on the provenance of the cultural object and the respect of good practices and deontological codes by the art market actors could contribute to avoiding trade of cultural objects of dubious provenance.
2. More specifically, Directive 2014/60/EU[1] guarantees the right of the Member States to secure the physical return of unlawfully removed cultural objects.
This directive is aimed at contributing to reduce the cost of returns. In particular it facilitates the resolution of disputes and amicable out-of-court returns through administrative cooperation between national authorities. It also establishes an obligation for the possessor to prove the exercise of due care and attention in acquiring the cultural object and allows for obtaining compensation in case the return of the cultural object is ordered. In order to facilitate the interpretation of due care and attention, the directive sets out non-exhaustive criteria to be taken into account by the judge (as, for instance, the documentation on the cultural object's provenance and the authorisation for removal under the law of the requesting Member State).
- [1] Directive 2014/60/EC of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 (Recast), (OJ L 159, 28.5.2014, p. 1). This directive will be applicable as from 19 December 2015.