20 Amendments of Dietmar KÖSTER related to 2017/0158(COD)
Amendment 30 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) 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.
Amendment 31 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) With respect to the exploitation of colonial peoples and territories undertaken by member states of the Union in the past, this regulation aims to break with a eurocentrist view and takes regional and local characteristics, rather than market value, of cultural production into account.
Amendment 32 #
Proposal for a regulation
Recital 2
Recital 2
(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. A significant, unidentifiable quantity of cultural goods on the market originates from predatory excavations or plundering. This causes irreparable damage to the cultural memory of humankind. 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 Union should accordingly prohibit the entry in the customs territory of the Union of cultural goods unlawfully exported from third countries.
Amendment 37 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) When cultural objects are taken out of context, the population is deprived of its customs and places of remembrance and worship. The historical context and scientific value of objects are lost if associated items are sold separately.
Amendment 38 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) The targeting of objects relevant to a specific culture and/or ethnicity is a process affiliated to ethnic cleansing. Therefore, the illicit trading of cultural goods is not an apolitical crime, but in many cases contributes to the achievement of forceful cultural homogenization and/or expulsion.
Amendment 39 #
Proposal for a regulation
Recital 2 c (new)
Recital 2 c (new)
(2c) The fight against illicit trade in cultural goods requires inter-agency cooperation and international coordination. Common databases and a harmonization of legal processes are necessary to efficiently prevent crimes in general, but are specifically relevant for the retrievement of irreplaceable objects.
Amendment 40 #
Proposal for a regulation
Recital 2 d (new)
Recital 2 d (new)
(2d) 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 50 #
Proposal for a regulation
Recital 8
Recital 8
(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 25100 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. 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.
Amendment 70 #
Proposal for a regulation
Recital 13
Recital 13
(13) For many reasons, countries in war and crisis regions are usually unable to protect their cultural heritage. Storage of cultural goods from countries affected by armed conflict or suffering a natural disaster should also be permitted without the presentation of a licencse or a statement in order to ensure their safety and preserva, on the condition that competent government authorities accompany and administer the process until restitution.
Amendment 83 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation sets out the conditions and procedure for the entry of cultural goods into the customs territory of the Union. Regulating the procedures of import, its purpose is to be found in the preservation of cultural heritage in territories outside the Union.
Amendment 87 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) '‘cultural goods'’ means any object which is of significant importance for archaeology, prehistory, history, literature, art or science and which, is unique in its characteristics, contributes greatly to the commemoration of the history of mankind, belongs to the categories listed in the table in Annex and meets the minimum age threshold specified therein;
Amendment 110 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
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. Additionally, an assurance of appropriate storage entailing documentation, accessibility granted to academic institutions and public museums, and cooperation in the case of justified restitution claims must accompany and qualifies for import licenses.
Amendment 137 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Importer statement and preservation assurance
Amendment 141 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
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 151 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The importer statement and the preservation assurance shall include a standardised document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities.
Amendment 153 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. 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 156 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission may adopt, by means of implementing acts, the template for the importer statement, the preservation assurance, as well as the procedural rules on the submission and processing of the importer stateboth documents. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.
Amendment 198 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
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. Ownership of cultural goods is insofar a right as it is used in the public interest. A violation of laws concerning the protection of those goods can lead to the expropriation of legally acquired goods as parts of related collections. 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 203 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall organise training and capacity building activities to ensure the effective implementation of this Regulation by the authorities concerned. They mayshall also use awareness-raising campaigns to sensitise in particular buyers of cultural goods.
Amendment 220 #
Proposal for a regulation
ANNEX
ANNEX
Combined Nomenclature Minimum age Supplementary Categories of cultural goods (CN) Chapter, Nomenclature threshold units threshold units(CN) Chapter, Heading or Subheading (a) Rare collections and specimens of More than 250 100 number of fauna, flora, minerals and anatomy, and ex 9705 years old items (p/st) objects of palaeontological interest; (b) objects relating to history, including the history of science and technology and military and social history, to the life of More than 250 100 number of ex 9705 national leaders, thinkers, scientists and years old items (p/st) artists and to events of national importance; (ba) objects relevant to religious or More than 100 Number of Ex 9705 spiritual practices; years old items (p/st) (c) products of archaeological excavations, including regular or clandestine, or of ex 9705; ex More than 250 100 number of archaeological discoveries on land or 9706 years old items (p/st) underwater; (d) elements of artistic or historical ex 9705; ex More than 250 100 number of monuments or archaeological sites which 9706 years old items (p/st) have been dismembered; (e) antiquities, such as inscriptions, coins More than 250 100 number of ex 9706 and engraved seals; years old items (p/st) (f) objects of ethnological interest; More than 250 100 number of ex 9705 years old items (p/st) (g) objects of artistic interest, such as: / / / / (i) pictures, paintings and drawings produced entirely by hand on any support More than 250 100 number of and in any material, excluding industrial ex 9701 years old items (p/st) designs and manufactured articles decorated by hand; (ii) original works of statuary art and More than 250 100 number of ex 9703 sculpture in any material; years old items (p/st) (iii) original engravings, prints and ex Chapter 49; More than 250 100 number of lithographs; ex 9702; years old items (p/st) (iv) original artistic assemblages and More than 250 100 number of ex 9701 montages in any material; years old items (p/st) (h) rare manuscripts and incunabula, ex 9702; ex 9706; ex 4901 10 and ex 4901 More than 25100 number of 99; ex 4904; ex years old items (p/st) 4905 91 and ex 4905 99; ex 4906 (i) old books, documents and publications ex 9705; ex More than 25100 number of of special interest, singly or in collections; 9706 years old items (p/st) (j) postage, revenue and similar stamps, More than 25100 number of ex 9704 singly or in collections; years old items (p/st) (k) archives, including sound, ex 3704; ex photographic and cinematographic 3705; ex 3706; More than 25100 number of archives; ex 4901; ex years old items (p/st) 4906; ex 9705; ex 9706 (l) articles of furniture and old musical More than 25100 number of ex 9706 instruments. years old items (p/st)