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

(96/C 6/08)

(Text with EEA relevance)

COM(95) 479 final - 95/0254(COD)

(Presented by the Commission, 20 October 1995)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure referred to in Article 189B of the Treaty,

Whereas according to different artistic traditions within the Community watercolour, gouache, and pastel pictures are variously regarded as being either paintings or drawings; whereas category 4 of 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 (1) includes drawings executed entirely by hand, made on any medium, in any material and category 3 includes pictures and paintings executed entirely by hand, made on any medium in any material; whereas the financial thresholds which apply to these two categories are different; whereas this could lead to serious differences of treatment inside the single market of watercolour, gouache, and pastel pictures depending upon in which Member State they are situated; whereas it is necessary to decide for the purposes of the application of the Directive into which category they shall fall to ensure that the financial thresholds applied shall be the same throughout the Community;

Whereas experience shows that the prices realized by watercolour, gouache, and pastel pictures tend to be rather higher than those realized by drawings and much lower than those fetched by paintings in oil or tempora, whereas accordingly it is expedient to place watercolours, gouache, and pastel pictures into a new separate category with a threshold of ECU 30 000 which would ensure that works of major significance unlawfully removed from the territory of a Member State can be returned,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

The Annex to Council Directive No 93/7/EEC shall be amended as follows:

(a) In A:

(i) the description in 3 shall be replaced by:

'Pictures and paintings, other than those included in category 3A or 4, executed entirely by hand in any medium and on any material`;

(ii) a new 3A shall be introduced as follows:

'3A. Watercolours, gouaches and pastels executed entirely by hand on any material`;

(iii) the description under 4 shall be replaced by the following:

'Mosaics in any material executed entirely by hand, other than those falling in categories 1 or 2, and drawings in any medium executed entirely by hand on any material`.

(b) In B:

a new category shall be inserted:

' 30 000

- 3A (Watercolours, gouaches and pastels)`.

Article 2

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within six months of its adoption. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.

Article 3

This Directive is addressed to the Member States.

(1) OJ No L 74, 27. 3. 1993, p. 74.