Opinion on:

- the proposal for a Council Regulation (EC) amending the Annex to Council Regulation (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods, and

- the proposal for a European Parliament and Council Directive amending the Annex to Council Directive No 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State

(96/C 97/08)

On 4 December 1995, the Council decided to consult the Economic and Social Committee, in accordance with Articles 100a and 198 of the Treaty establishing the European Community, on the above-mentioned proposals.

The Section for Social, Family, Educational and Cultural Affairs, which was instructed to prepare the Committee's work on this matter, drew up its Opinion on 18 January 1996 (Rapporteur: Mrs Rangoni Machiavelli).

At its 332nd Plenary Session (meeting of 31 January 1996), the Committee adopted the following Opinion by a unanimous vote.

1. The Advisory Committee on Cultural Goods, which has the role of assisting the Commission, has drawn attention to discrepancies between the classification and treatment by Member States of 'water-colours, gouaches and pastels' as listed in the Annex appended to both Council Regulation (EEC) No 3911/92 and Council Directive No 93/7/EEC.

2. These discrepancies are caused by differences between the various language versions of the Annex brought about by differences in the artistic traditions and concepts prevailing in the Member States. These differences currently make it impossible to ensure that water colours, gouaches and pastels are treated in the same way throughout the Community.

3. Some Member States place water-colours, gouaches and pastels in Category 3 of the Annex (paintings), whilst others are of the opinion that they come under Category 4 (drawings). As the financial thresholds in respect of the two categories are different (Category 3: ECU 150 000; Category 4: ECU 15 000), it is essential that amendments be made to the Annex as a matter of urgency in order to ensure that these works of art are treated in an identical way.

4. The Commission therefore proposes that a new separate category be set up for water-colours, gouaches and pastels and that a common financial threshold of ECU 30 000 be laid down.

5. In its Opinion on the original Proposal for a Regulation and Proposal for a Directive () the Committee drew attention to the danger that these provisions could be interpreted in different ways (see point 1.4.5). The Committee approves the proposed specific, limited amendments to the Annexes, insofar as they are designed to bring about greater legal certainty in respect of the implementation of the EU provisions.

6. With a view to the three-yearly review of both the Regulation and the Directive - due to be carried out in 1996 - and in the light of the implementation reports provided for in Article 10 of the Regulation and Article 16 of the Directive, the Committee does, however, wish to take this opportunity to call upon the Commission to attach especial importance to the following:

- the level of implementation of the Regulation and the Directive in the various Member States;

- the advisability of introducing a form of 'passport' or accompanying certificate for particular works of art;

- increased cooperation between police forces and legal authorities in the field of the identification of stolen or unlawfully exported cultural goods.

7. On a more general note, the Committee gives its backing to all endeavours to safeguard the immense heritage of cultural goods in the EU; these cultural goods are an integral part of Europe's history and its different cultures.

Done at Brussels, 31 January 1996.

The President

of the Economic and Social Committee

Carlos FERRER

() OJ No C 223 of 31. 8. 1992.