Activities of Louis MICHEL related to 2017/0158(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the import of cultural goods
Amendments (23)
Amendment 29 #
Proposal for a regulation
Recital 1
Recital 1
(1) In the light of the Council Conclusions of 12 February 2016 on the fight against the financing of terrorism, the Communication from the Commission to the European Parliament and the Council on an Action Plan for strengthening the fight against terrorist financing24 and the Directive on combating terrorism25, common rules on trade with third countries should be enacted so as to ensure the effective protection againsttrafficking, the loss of cultural goods, the preservation of humanity's cultural heritage and the prevention of terrorist financing and money laundering through the selling of looted cultural heritage to buyers in the Union. __________________ 24 COM(2016) 50 final. 25 Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA; OJ L 88, 31.3.2017, p.6-21
Amendment 60 #
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 presentationocurement of a licence issued electronically 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. The decisions of the competent authorities should be communicated immediately to the relevant customs offices.
Amendment 75 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to take account of experience with the implementation of this Regulation and of changing geopolitical and other circumstances which place cultural goods at risk, while not impeding trade with third countries disproportionally, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of modifications to the minimum age threshold criterion for the different categories of cultural goods and their origin. That delegation should also allow the Commission to update the Annex following amendments to the Combined Nomenclature. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201627. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 27 OJ L 123, 12.5.2016, p. 1. OJ L 123, 12.5.2016, p. 1.
Amendment 93 #
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ‘competent authorities’ means the authorities designated by the Member States to issue importer certificates and register importer statements;
Amendment 94 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 12 in order to amend the second column of the table in the Annex following amendments in the Combined Nomenclature and, to amend the minimum age threshold in the third column of the table in the Annex in the light of experience gathered during the implementation of this Regulation, and to add geographical areas in which cultural goods are at a significantly higher risk of trafficking and pillaging.
Amendment 97 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph -1 (new)
Article 3 – paragraph 1 – subparagraph -1 (new)
The entry into the EU customs area of cultural goods which have been illegally exported from third countries is prohibited.
Amendment 130 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. If the application is accepted, the competent authority shall immediately send a copy of the import certificate electronically to the relevant customs authorities. If the application is rejected under Article 4(4), the competent authority shall immediately inform the relevant customs authorities and the Commission, stating its reasons for refusing the application. The Commission shall send the information it has received to the other Member States in order to ensure the uniform application of this Regulation. When an application is made for a certificate for cultural goods for which a previous application has been rejected, the applicant must inform the competent authority to which the application is submitted of the previous rejection. Member States shall recognise the rejection of applications by the competent authorities of the other Member States, where the rejection was based on the provisions of this Regulation. This need not apply, however, where the circumstances have significantly changed or where new evidence to support an application has become available. If a competent authority issues a certificate in cases such as these, it shall inform the Commission that it has done so, stating the reasons behind its decision.
Amendment 136 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The Commission mayshall establish, by means of implementing acts, the template for the importer declaration and for the application for the import licence as well as the procedural rules on the submission and processing of such an application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.
Amendment 146 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The importer statement shall be sent electronically to the competent authorities and 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. However, where the export country is a Contracting Party to the UNESCO Convention on Cultural Property, the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from that country in accordance with its laws and regulations.
Amendment 149 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The importer statement shall include a standardised document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities. Importers shall also state in a declaration that they are aware of the consequences of submitting a false statement.
Amendment 157 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission mayshall adopt, by means of implementing acts, the template for the importer statement as well as the procedural rules on the submission and processing of the importer statement. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.
Amendment 162 #
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 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 and send the statement to the competent authorities.
Amendment 166 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The customs authorities, in partnership with Europol where appropriate, may decide to subject customs control and verification to more thorough scrutiny using a risk-based approach.
Amendment 172 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Customs authorities shall seize and temporarily retain cultural goods brought into the customs territory of the Union where the cultural goods in question entered the customs territory of the Union without the conditions laid down in paragraphs 1 and 2 of Article 3 being fulfilled, or where there are doubts that the goods concerned have been legally acquired.
Amendment 178 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Technical assistance, guidance and exchange of information The Member States, with the help of the Commission if necessary, may provide assistance and technical or other guidance to importers, taking account of the situation of small and medium-sized enterprises, in order to help them comply with the requirements of this Regulation. The Member States, with the assistance of the Commission, shall help to disseminate useful information on the illicit trafficking of cultural goods, in particular with a view to helping importers assess the risks, and on best practices for the implementation of this Regulation. Assistance shall be provided in a way that does not undermine the powers of the competent authorities referred to in Article 2(1)(h)(a), and which allows them to remain independent in the monitoring of compliance with this Regulation.
Amendment 179 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. For the purposes of implementing this Regulation, Member States shall ensure co-operation between their competent authorities referred to in Article 3(4)The competent authorities referred to in Article 2(h)(a) and the Member States’ customs authorities shall work together and with the Commission to ensure that this Regulation is complied with.
Amendment 183 #
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 competent authorities of the Member States and Member State customs authorities, in particular regarding importer statements and import licences.
Amendment 188 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 – introductory part
Article 9 – paragraph 3 – subparagraph 1 – introductory part
The Commission mayshall lay down, by means of implementing acts,
Amendment 190 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 – point b
Article 9 – paragraph 3 – subparagraph 1 – point b
(b) the detailed rules regarding the storage and exchange of information between the competent authorities of the Member States and Member State customs authorities by means of the electronic system referred to in paragraph 2.
Amendment 199 #
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 import into the EU of cultural goods without the relevant certificate, to the use of a certificate for cultural goods other than those for which it was issued, or 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. 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 209 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – point b
Article 14 – paragraph 1 – subparagraph 1 – point b
(b) information on infringements of this Regulation and the penalties applied;
Amendment 214 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 a (new)
Article 14 – paragraph 1 – subparagraph 2 a (new)
On the basis of the Member States’ replies to the questionnaires referred to in paragraph 1, the Commission may ask Member States to provide additional information on the processing of import license applications. The Member States shall provide the information requested as quickly as possible.
Amendment 215 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation three years after the date of application of this Regulation and, after that, every five years. The reports shall assess whether this Regulation is being implemented in a uniform way, how well it functions and how effective it is, and may be accompanied if necessary by appropriate legislative proposals.