Introductory note: institutional compromise on the proposal
The interinstitutional negotiations on the Commission’s proposal for a regulation have led to a compromise (summarised here below).
The Commission’s original proposal (Brussels, 13.7.2017 COM(2017) 375 final) is available on: http://www.europarl.europa.eu/meetdocs/2014_2019/plmrep/AUTRES_INSTITUTIONS/COMM/COM/2019/01-21/COM_COM20170375_EN.pdf.
PROPOSAL RESULTING FROM INTERINSTITUTIONAL NEGOTIATIONS AND ANNEXED TO THE PROVISIONAL AGREEEMNT (10/01/2019)
The proposed Regulation completes the EU legal framework on trade in cultural goods, which has included until now only legislation on the export of cultural goods (Regulation (EC) No 116/2009)and on the return of cultural objects unlawfully removed from the territory of a Member State (Directive 2014/60/EU). As for imports, it was limited to restrictive measures on trade in cultural goods from Iraq and Syria.
Cultural goods are listed in three different parts of the Annex to the Regulation. N.B. Items listed in Part A are described in general terms, while items listed in Parts B and C are clearly identified by a Combined Nomenclature (CN) Chapter, Heading or Subheading, they have minimum age and financial threshold.
Main elements of the proposal
The scope: introduction and import of cultural goods (Art. 1)
The initiative aims at safeguarding humanity’s cultural heritage and preventing the illicit trade in cultural goods, in particular where it may contribute to terrorist financing, by setting out the conditions for the introduction and the conditions and procedures for the import of cultural goods.
The Regulation does not apply to cultural goods which were either created or discovered in the customs territory of the Union.
Introduction and import of cultural goods (Art. 3)
The introductionof cultural goods listed in Part Aof the Annex which were removed from the
territory of the country where they were created or discovered in breach of laws and regulations of that country is prohibited.
The import of cultural goods listed in Parts B and Cof the Annex shall only be permitted upon the presentation of an import licence.
Exceptions to this rule are:
Import licence (Art. 4)
Importer statement (Art. 5)
Competent customs offices (Art. 7)
Periodic publication by the Commission of the lists of competent customs offices designated by the Member States for the purposes of the Regulation.
Use of an electronic system (Art. 9a)
The storage and the exchange of information between the authorities of the Member States, in particular regarding importer statements and import licences, shall be carried out by a centralised electronic system.