37 Amendments of Isabella ADINOLFI related to 2017/0158(COD)
Amendment 34 #
Proposal for a regulation
Recital 3
Recital 3
(3) In view of different rules applying in the Member States regarding the entry of cultural goods into the customs territory of the Union, measures should be taken in particular to ensure that imports of cultural goods are subject to uniform controls upon their entry. These measures should also provide for the prohibition of the entry of such cultural goods when there are reasonable grounds to suspect that they have been unlawfully removed from the territory of third countries.
Amendment 36 #
Proposal for a regulation
Recital 4
Recital 4
(4) The common rules should cover the customs treatment of non-Union cultural goods entering the customs territory of the Union, i.e. both their release for free circulation as well as their placement under a special customs procedure other than transit.
Amendment 38 #
Proposal for a regulation
Recital 5
Recital 5
(5) Given the known potential of free zones (and so-called "free ports") for the purpose of storing cultural goods, the control measures to be put in place should have as broad a scope as possible in terms of customs procedures concerned. Those control measures should therefore not only concern goods released for free circulation but also goods placed under a special customs procedure. However, such a broad scope should not go against the principle of freedom of transit of goods nor go beyond the objective of preventing illicitly exported cultural goods from entering the customs territory of the Union. Accordingly, while encompassing special customs procedures under which goods entering the customs territory of the Union may be placed, control measures should exclude transit.
Amendment 52 #
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. 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 59 #
Proposal for a regulation
Recital 10
Recital 10
(10) Since certain categories of cultural goods, namely archaeological objects, elements of monuments, rare manuscripts and incunabula are particularly vulnerable to pillage and destruction, it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the Union. Such a system should require the presentation of a licence issued by the competent authority of the Member State of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit. Persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence, in particular, export certificates or licences issued by the third country of export, ownership titles, invoices, sales contracts, insurance documents, transport documents and experts appraisals. Based on complete and accurate applications, the competent authorities of the Member States should decide whether to issue a licence without undue delay.
Amendment 61 #
Proposal for a regulation
Recital 11
Recital 11
(11) For other categories of cultural goods, the persons seeking to introduce them into the customs territory of the Union should, by means of a statement, certify and assume responsibility for their lawful export from the third country and should provide sufficient information for those goods to be identified by customs. In order to facilitate the procedure and for reasons of legal certainty, the information about the cultural good should be provided using a standardised document. The Object ID standard, recommended by UNESCO, should be used to describe the cultural goods. Customs should electronically register the entry of those cultural goods, keep the originals and give a copy of the relevant documents to the declarant, in order to ensure traceability after the goods enter the internal market.
Amendment 71 #
Proposal for a regulation
Recital 13
Recital 13
(13) Storage of cultural goods from countries affected by armed conflict or suffering a natural disaster should also be permitted without the presentation of a licence or a statement only in order to ensure their safety and preservation.
Amendment 83 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Members States may apply stricter national rules than those provided for in this Regulation as regards the control measures upon the entry of cultural goods into their customs territories.
Amendment 84 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The entry of cultural goods into the customs territory of the Union shall be prohibited, when there are reasonable grounds to suspect that the cultural goods in question have been removed from the territory of the source country or the export country without the consent of their legitimate owner or have been removed in breach of those countries' laws and regulations.
Amendment 85 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 106 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) 'permanently' means for a period of time of at least one monthten years and for purposes other than temporary use, transit, export or dispatch;
Amendment 109 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) 'placing under a special procedure other than transit' means the placing of goods under one of the special customs procedures referred to in points (a), (b), (c) or (d) of Article 210 of Regulation (EU) No 952/2013;
Amendment 118 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The release of cultural goods for free circulation and the placing of cultural goods under a special procedure other than transit shall only be permitted upon the presentation of an import licence issued in accordance with Article 4 or of an importer statement made out in accordance with Article 5.
Amendment 140 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – 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 (c), (d) and (h) of the Annex shall be subject to the presentation of an import licence to the customs authorities.
Amendment 168 #
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 1 a (new)
Article 4 – paragraph 4 – subparagraph 1 a (new)
In case the import licence is issued, the competent authority shall register that licence electronically.
Amendment 179 #
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 to the customs authorities of the Member State of entry.
Amendment 197 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The import licence referred to in Article 4 or the importer statement referred to in Article 5, as the case may be, shall be submitted to the customs office competent to release the cultural goods for free circulation or for placing them under a special procedure other than transit.
Amendment 201 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. With regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the Union, the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of Article 5 and corresponds to the goods presented. For that purpose, they may require additional information from the declarant and physically examine the cultural goods, including by conducting an expertise. They shall electronically register the importer statement by attributing to it a serial number and a registration date and, upon release of the goods, provide the declarant with a copy of the registered importer statement.
Amendment 202 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. When submitting a declaration for the release of cultural goods for free circulation or for placing them under a special procedure other than transit, the quantity of the products shall be indicated using the supplementary unit set out in the Annex.
Amendment 205 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Where Member States restrict the number of customs offices competent to release cultural goods for free circulation or to place them under a special procedure other than transit, they shall communicate the details of those customs offices as well as any changes in that respect to the Commission.
Amendment 207 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Customs authorities shall immediately notify the source country or the export country, as the case may be, if, after having taken the decision referred to in paragraph 1, there are reasonable grounds to suspect that the cultural goods in question have been removed from the territory of the source country or the export country without the consent of their legitimate owner or have been removed in breach of those countries' laws and regulations.
Amendment 209 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. An electronic system mayshall be developed for the storage and the exchange of information between the authorities of the Member States, in particular regarding importer statements and import licences.
Amendment 221 #
Proposal for a regulation
Annex – table – point a
Annex – table – point a
(a) Rare ex 9705 More than 25100 number of items collections and years old (p/st) specimens of fauna, flora, minerals and anatomy, and objects of paleontological interest;
Amendment 224 #
Proposal for a regulation
Annex – table – point b
Annex – table – point b
(b) objects ex 9705 More than 25100 number of items relating to years old (p/st) history, including the history of science and technology and military and social history, to the life of national leaders, thinkers, scientists and artists and to events of national importance;
Amendment 227 #
Proposal for a regulation
Annex – table – point c
Annex – table – point c
(c) products ex 9705; ex 9706 More than 25100 number of items of archaeological years old (p/st) excavations, including regular or clandestine, or of archaeological discoveries on land or underwater;
Amendment 230 #
Proposal for a regulation
Annex – table – point d
Annex – table – point d
Amendment 233 #
Proposal for a regulation
Annex – table – point e
Annex – table – point e
(e) ex 9706 More than 25100 number of items antiquities years old (p/st) , such as inscriptions, coins and engraved seals;
Amendment 236 #
Proposal for a regulation
Annex – table – point f
Annex – table – point f
(f) objects of ex 9705 More than 25100 number of items ethnological years old (p/st) interest;
Amendment 239 #
Proposal for a regulation
Annex – table – point g – point i
Annex – table – point g – point i
(i) pictures, ex 9701 More than 25100 number of items paintings and years old (p/st) drawings produced entirely by hand on any support and in any material, excluding industrial designs and manufactured articles decorated by hand;
Amendment 242 #
Proposal for a regulation
Annex – table – point g – point ii
Annex – table – point g – point ii
(ii) original ex 9703 More than 25100 number of items works of statuary years old (p/st) art and sculpture in any material;
Amendment 245 #
Proposal for a regulation
Annex – table – point g – point iii
Annex – table – point g – point iii
(iii) original ex Chapter 49; ex More than 25100 number of items engravings, prints 9702; years old (p/st) and lithographs;
Amendment 248 #
Proposal for a regulation
Annex – table – point g – point iv
Annex – table – point g – point iv
(iv) original ex 9701 More than 250 100 number of items artistic years old (p/st) assemblages and montages in any material;
Amendment 251 #
Proposal for a regulation
Annex – table – point h
Annex – table – point h
(h) rare ex 9702; ex 9706; More than 250 100 number of items manuscripts and ex 4901 10 and years old (p/st) incunabula, ex 4901 99; ex 4904; ex 4905 91 and ex 4905 99; ex 4906
Amendment 254 #
Proposal for a regulation
Annex – table – point i
Annex – table – point i
(i) old books, ex 9705; ex 9706 More than 25100 number of items documents and years old (p/st) publications of special interest, singly or in collections;
Amendment 258 #
Proposal for a regulation
Annex – table – point j
Annex – table – point j
(j) postage, ex 9704 More than 25100 number of items revenue and years old (p/st) similar stamps, singly or in collections;
Amendment 261 #
Proposal for a regulation
Annex – table – point k
Annex – table – point k
(k) archives, ex 3704; ex 3705; More than 25100 number of items including sound, ex 3706; ex 4901; years old (p/st) photographic and ex 4906; ex 9705; cinematographic ex 9706 archives;
Amendment 264 #
Proposal for a regulation
Annex – table – point l
Annex – table – point l
(l) articles of ex 9706 More than 25100 number of items furniture and old years old (p/st) musical instruments.