EN Official Journal of the European Union CE 84/726

(2004/C 84 E/0817)

WRITTEN QUESTION E-1525/03

by Erik Meijer (GUE/NGL) to the Commission

(6 May 2003)

Subject: Privatisation of art treasures as a result of widespread thefts from museums and inadequate checks on the international art trade

1. Is the Commission aware of the growing number of large-scale thefts in the past few years of art works exhibited or stored in museums, such as paintings by famous artists in the Netherlands and artefacts from archaeological sites in Iraq which are thousands of years old?

2. Is the registration of stolen works of art, which prevents the objects from being traded openly between EU Member States, restricted to selective administration for instance by members of ‘Artloss’, which means that in practice it remains largely unclear what art works being traded are stolen, or is there a comprehensive central registration system managed by Europol or Interpol that can make such a trade impossible?

3. Does the Netherlands now occupy an exceptional position in the trade in stolen art so that in practice its role as an international centre for the art trade is supported by inadequate policing capacity, which merely registers but does not investigate, and by failure to comply with international agreements and the fact that purchasers of stolen art works are entitled to become the legal owners after 21 years?

4. Does the Commission share the fear that the illegal privatisation of art which has been collected for the public with public money cannot be prevented in a Europe with open frontiers without strong counter measures in the area of checks, investigation and punishment?

5. Does the Commission consider that further action is required to prevent, or at least reduce far as possible, the trade in stolen art? What measures can be expected from the Commission in the near future in this sphere?

Source: Netherlands 3 TV channel, Zembla programme, 17 April 2002.

Answer given by Mr Vitorino on behalf of the Commission

(18 July 2003)

The Commission is deeply concerned at the extent of the theft of, and illicit trafficking in, cultural objects. It deplores in particular the recent looting of the cultural heritage of Iraq. Particular measures concerning cultural objects originating in Iraq are being considered as part of the implementation of Security Council Resolution 1483.

The possibility of a central database, or network of databases, of stolen cultural goods at European level is currently under consideration by a working group established by Europol. The possibility of including works of art within the future SIS II (second-generation Schengen Information System) will also have to be carefully considered. Details of the database run by Interpol may be found on its website: (www.inter-pol.com.)

As regards the policing practices and laws of the Netherlands in comparison with other Member States, the Commission is not currently in a position to comment.

The Commission appreciates the need for measures to protect cultural goods. Regulation No 3911/92/EEC (1), on the export of cultural goods, subjects the export of cultural goods outside the customs territory of the Community to the presentation of an export licence. In addition, Directive 93/7/EEC (2), on the return of cultural objects unlawfully removed from the territory of a Member State, provides for cooperation mechanisms between Member States and a procedure for returning national treasures when these have left the territory of a Member State unlawfully.

Recently the Commission has intensified efforts to improve measures to combat illicit trafficking in cultural goods. As part of the European Forum on the prevention of organised crime, the second workshop on the prevention of illicit trafficking in cultural goods was organised by the Commission in Brussels on 9 December 2002. Over one hundred people took part, representing a wide variety of interests: owners, institutions (ministries, international organisations, the Commission, Unesco, Unidroit, Europol, Interpol, etc), police forces and customs authorities, insurers, collectors, art dealers and their associations, intermediaries and private organisations. One of the recommendations of that workshop was to create the Europol working group referred to above to consider the possibility of a European database, or network of existing databases, of stolen cultural goods. A third workshop is planned for later this year.

The Advisory Committee on Cultural Goods, created within the framework of Regulation No 3911/92, has recently issued ‘Guidelines for Administrative Co-operation between the competent authorities’ to assist in the protection of cultural goods in the Community. Also the Commission is considering a project to develop a website to assist in the rapid exchange of information concerning the movement of cultural goods. In addition, a call for tenders for a study concerning the traceability of cultural goods has been launched by the Commission on 4 June 2003.

(1) OJ L 395, 31.12.1992. Amended by Regulation No 2469/96, OJ L 335, 24.12.1996, p. 9; and Regulation No 974/2001, OJ L 137, 19.5.2001.

(2) OJ L 74, 27.3.1993. Amended by Directive 96/100/EC of the Parliament and of the Council, OJ L 60, 1.3.1997 and Directive 2001/38/EC of the Parliament and of the Council, OJ L 187, 10.7.2001.