On 13 July 2017, the proposal for a Regulation on the import of cultural goods was issued.
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the import of cultural goods, Brussels, 13.7.2017 COM(2017) 375 final 2017/0158 (COD). Available on: https://ec.europa.eu/taxation_customs/sites/taxation/files/cultural_goods_proposal_en.pdf
The proposal has to be inserted in the framework of the 2015 European Agenda on Security and of the 2016 Action Plan to step up the flight against the financing of terrorism.
The Regulation and the actions described below also respond to the European Parliament Resolution of 30 April 2015 on the destruction of cultural sites perpetrated by ISIS/Da’esh, which called, inter alia, for strong actions to disrupt the illegal trade of cultural goods.
Import license or importer statement (Article 3)
Article 3 of the proposed Regulation establishes the scope based on the principle according to which the entry of cultural goods into the EU customs territory is only permitted when an import licence has been obtained (for cultural goods referred to in points (c), (d) and (h) of the Annex) or an importer statement is submitted (for cultural goods referred to in points (a), (b), (e), (f), (g), (i), (j), (k) and (l) of the Annex).
Exceptions
Some exceptions to the requirement of import license or of the importer statement are established for cultural goods entering temporarily the EU custom territory for:
- exhibitions or academic and scientific research,
- or in cases where they need a temporary refuge from destruction and loss, when the source country is affected by armed conflict or is suffering a natural disaster.
The Commission, by means of implementing acts establishes the modalities for temporary admission.
The import license (Article 4)
For cultural goods referred to in points (c), (d) and (h) of the Annex
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 have been exported from the source country in accordance with its laws and regulations, or in accordance with 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') if the export country is a Contracting Party to the Convention.
The competent authority, within 90 days, shall decide to issue or not the license.
The license cannot be issued if:
- laws and regulations of the exporting country have not been respected or laws and regulations established by the UNESCO Convention, if the exporting country is a Contracting Party
- the competent authority has reasonable grounds to believe that the holder of the goods did not acquire them lawfully.
Competent authorities are designated by each Member State.
Importer statement (Article 5)
For cultural goods referred to in points (a), (b), (e), (f), (g), (i), (j), (k) and (l) of the Annex.
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 or laws and regulations established by the UNESCO Convention, if the exporting country is a Contracting Party.
The importer statement shall include a standardised document describing the cultural goods in sufficient detail for them to be identified by the customs authorities.
Customs (Articles 6-8)
Customs authority shall check the import license and/or the importer statement.
They are also authorised to seize and temporarily retain cultural goods if provisions laid down in the Regulation have not been respected.
Administrative cooperation (Article 9)
Member States shall ensure co-operation between their competent authorities. To this end, an electronic system may be developed for the storage and the exchange of information.
Awareness-raising (Article 11)
Article 11 calls Member States to organise training and capacity building activities to ensure the effective implementation of the Regulation and to use awareness-raising campaigns to sensitise buyers of cultural goods.
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS, The European Agenda on Security, Strasbourg, 28.4.2015 COM(2015) 185 final. Available on: https://ec.europa.eu/home-affairs/sites/homeaffairs/files/e-library/documents/basic-documents/docs/eu_agenda_on_security_en.pdf.
European Parliament resolution of 30 April 2015 on the destruction of cultural sites perpetrated by ISIS/Da’esh (2015/2649(RSP)). Available on: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P8-TA-2015-0179&language=EN.