8

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Regulating imports of cultural goods

28-06-2019

Until now, with the exception of two specific measures for Iraq and Syria, there has been no EU legislation covering the import of cultural goods from non-EU countries entering the EU. By ensuring that these imports are subject to uniform controls along all EU external borders, the new regulation aims to prevent the introduction, import and storage in the EU of cultural goods illegally removed from a third country, thereby protecting cultural heritage and combatting illegal trade, in particular where ...

Until now, with the exception of two specific measures for Iraq and Syria, there has been no EU legislation covering the import of cultural goods from non-EU countries entering the EU. By ensuring that these imports are subject to uniform controls along all EU external borders, the new regulation aims to prevent the introduction, import and storage in the EU of cultural goods illegally removed from a third country, thereby protecting cultural heritage and combatting illegal trade, in particular where it may serve as an income source for terrorist groups. Both Parliament and Council agreed positions on the Commission’ proposal in autumn 2018, and reached an agreement in trilogue negotiations in December that year. Adopted by both institutions in spring 2019, the new regulation lays down the conditions for the introduction, as well as the conditions and procedures for the import, of cultural goods from third countries. The regulation does not apply to cultural goods that have been created or discovered in the EU. To focus the measures established by the regulation on the goods considered most at risk of pillage in conflict areas and to avoid a disproportionate burden for licit trade, the new legislative act introduces age and value thresholds for certain goods categories. The regulation will apply at the latest six years after it comes into force, i.e. from June 2025. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Import of cultural goods

19-12-2017

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above proposal, adopted on 13 July 2017 and now under discussion in Parliament and Council. The proposal aims to prevent the import and storage in the EU of cultural goods illicitly exported from a third country, in order to reduce trafficking in cultural goods, combat terrorism financing and protect cultural heritage, especially archaeological objects ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above proposal, adopted on 13 July 2017 and now under discussion in Parliament and Council. The proposal aims to prevent the import and storage in the EU of cultural goods illicitly exported from a third country, in order to reduce trafficking in cultural goods, combat terrorism financing and protect cultural heritage, especially archaeological objects in source countries affected by armed conflict (explanatory memorandum of the proposal, p. 3). The market for antiques, ancient art and collectibles of older age constitutes 24 % of the global legal art and antiques market. The European market share accounts for 35 % of this global market, with the UK in the lead with 24 % (due to its large auction houses), followed by Switzerland (6 %), France (5 %), Germany (3 %), and Austria, Spain and the Netherlands (each around 0.5% respectively). Based on Eurostat figures, the estimated annual value of imports of classical antiquities and ancient art declared to EU customs may be around €3.7 billion per year (IA, p. 10). The IA explains that the current Common Nomenclature tariff heading (9705) used for import of antiquities and ancient art objects is rather broad, including also a variety of other goods of interest to collectors, making it difficult to estimate the total EU imports of cultural goods (IA, p. 10). Regarding the illicit trade of cultural goods, there are numerous underlying factors, which cannot be changed by this initiative, according to the IA (p. 11). These include, for example, poverty and military conflicts prevalent in many regions rich in cultural heritage sites, technological progress in various digging tools (such as metal-detectors, power drills, explosives), the market demand for such objects, mostly concentrated in Europe and North America, as well as cross-border transaction and e-commerce (IA, pp. 11-12). Estimates show that 80-90 % of global antiquities sales are of goods with illicit origin, and these sales are worth US$3 to 6 billion annually (IA, p. 12). The illicit sales of cultural goods often stem from terrorist activities and serve as a means to finance terrorism (IA, p. 14). For example, the Islamist profit from illicit trade in antiquities and archaeological treasures is estimated at US$150-200 million (IA, p. 15).

Cross-border restitution claims of looted works of art and cultural goods

09-11-2017

Works of art and cultural goods looted in armed conflicts or wars usually travel across several borders when they are sold. The cross-border character of looted art creates legal challenges for restitution claims as they often concern various national jurisdictions, with differing rules, as well as fragmented and insufficiently defined legal requirements in international and European legal instruments. Against this background, this European Added Value Assessment identifies weaknesses in the existing ...

Works of art and cultural goods looted in armed conflicts or wars usually travel across several borders when they are sold. The cross-border character of looted art creates legal challenges for restitution claims as they often concern various national jurisdictions, with differing rules, as well as fragmented and insufficiently defined legal requirements in international and European legal instruments. Against this background, this European Added Value Assessment identifies weaknesses in the existing EU legal system for restitution claims of works of art and cultural goods looted in armed conflicts and wars. Moreover, it outlines potential legislative measures that could be taken at the EU level and that could generate European added value through simplification and harmonisation of the legal system in this area.

Illicit trade in cultural goods

25-07-2017

Illicit trade (or trafficking) in cultural goods is defined by the European Commission as the 'illicit import, export and transfer of ownership of cultural property, i.e. items being of importance for archaeology, prehistory, history, literature, art or science' and is characterised as ranging 'from theft from cultural heritage institutions or private collections, through looting of archaeological sites to the displacement of artefacts due to war'. The European Commission points out that trafficking ...

Illicit trade (or trafficking) in cultural goods is defined by the European Commission as the 'illicit import, export and transfer of ownership of cultural property, i.e. items being of importance for archaeology, prehistory, history, literature, art or science' and is characterised as ranging 'from theft from cultural heritage institutions or private collections, through looting of archaeological sites to the displacement of artefacts due to war'. The European Commission points out that trafficking in cultural goods 'fosters terrorism, money laundering, tax evasion, and organised crime' and that 'Europe, where art and culture are highly prized and where many wealthy buyers can be found, is a favourite outlet for trafficking'. Cultural goods have a significant economic value in the market and the trafficking of cultural goods and antiquities is estimated to be worth between US$50 million and US$150 million a year. The European Union does not have common rules on the import of cultural goods. Two EU acts govern only selected areas: Regulation (EU) 116/2009 lays down rules on the export of cultural goods, and Directive 2014/60/EU governs the return of cultural objects taken unlawfully from another EU country. Furthermore, most Member States impose restrictions on imports of culture goods (e.g. requiring declarations or controls) in line with Articles 34 and 35 of Treaty on the Functioning of the European Union (TFEU). On 13 July 2017 the European Commission tabled a proposal for a regulation on the import of cultural goods, which will set out conditions and procedure for the entry of cultural goods into the customs territory of the EU. The Commission is also preparing a study on illicit trade in cultural goods in the EU and the new technologies available to combat it.

Cross-Border Restitution Claims of Art Looted in Armed Conflicts and Wars and Alternatives to Court Litigations

19-05-2016

This study was commissioned and supervised by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee. Restitution of art looted during past and present armed conflicts is a major issue for our societies. Claiming restitution before courts – often in foreign States – has proven to be difficult. That is why parties turn more and more to dispute resolution means alternative to court litigation. This study examines the legal difficulties ...

This study was commissioned and supervised by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee. Restitution of art looted during past and present armed conflicts is a major issue for our societies. Claiming restitution before courts – often in foreign States – has proven to be difficult. That is why parties turn more and more to dispute resolution means alternative to court litigation. This study examines the legal difficulties related to art restitution claims and proposes policy recommendations for States and EU institutions to overcome these difficulties and seek to achieve just and fair solutions.

Külső szerző

Marc-André RENOLD

Return of Cultural Objects Unlawfully Removed from the Territory of a Member State: Initial Appraisal of the Commission's Impact Assessment

16-12-2013

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment accompanying its proposal for a Directive of the European Parliament and of the Council on the return of cultural objects unlawfully removed from the territory of a Member State (COM (2013) 311 final) (recast), submitted on 30 May, 2013. It analyses whether the principal criteria laid down in the Commission’s own Impact Assessment Guidelines, as well as additional factors ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment accompanying its proposal for a Directive of the European Parliament and of the Council on the return of cultural objects unlawfully removed from the territory of a Member State (COM (2013) 311 final) (recast), submitted on 30 May, 2013. It analyses whether the principal criteria laid down in the Commission’s own Impact Assessment Guidelines, as well as additional factors identified by the Parliament in its Impact Assessment Handbook, appear to be met by the IA. It does not attempt to deal with the substance of the proposal. It is drafted for informational and background purposes to assist the relevant parliamentary committee and Members more widely in their work.

Proceedings of the Workshop on "The Return of Cultural Objects Unlawfully Removed from the Territory of a Member State"

15-11-2013

Following the European Commission’s launching of a Recast proposal for Directive 93/7/EEC, which was adopted to ensure the return of cultural goods classified as “national treasures possessing artistic, historic or archaeological value”, the Committee on Culture and Education (CULT) of the European Parliament draw up a report on ‘Return of Unlawfully-Removed Cultural Objects’. Due to its complicated and legal-technical nature, CULT organised a workshop on the subject to promote debate between experts ...

Following the European Commission’s launching of a Recast proposal for Directive 93/7/EEC, which was adopted to ensure the return of cultural goods classified as “national treasures possessing artistic, historic or archaeological value”, the Committee on Culture and Education (CULT) of the European Parliament draw up a report on ‘Return of Unlawfully-Removed Cultural Objects’. Due to its complicated and legal-technical nature, CULT organised a workshop on the subject to promote debate between experts in the field and MEPs, from which conclusions and recommendations were drawn with a view to contributing to the report. The workshop took place in the European Parliament on 4 November 2013. The present document is the compilation of the background notes and Power Point presentations prepared by the experts invited.

Külső szerző

Marie Cornu (CNRS/CECOJI) and Manlio Frigo (State University of Milan), Italy)

Return of illegally removed cultural objects

22-08-2013

Illegal trafficking of cultural objects is one of the most profitable of criminal activities. The European Union, with its border-free internal market and substantial cultural and historical heritage, is considered to be particularly affected by such illegal trade.

Illegal trafficking of cultural objects is one of the most profitable of criminal activities. The European Union, with its border-free internal market and substantial cultural and historical heritage, is considered to be particularly affected by such illegal trade.

Következő események

21-01-2020
Outlook for the MENA Region: What future for stabilisation and reconstruction?
Egyéb esemény -
EPRS

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