WRITTEN QUESTION E-2242/00 by Hanja Maij-Weggen (PPE-DE) and Maria Martens (PPE-DE) to the Commission. Member States' legislation on the loan of museum exhibits.
Date: 2000-07-05
Institutions: European Parliament, Provisional data
Subjects: cultural object, intra-EU trade, museum

C 72 E/188

Official Journal of the European Communities

EN

6.3.2001

As regards possible Community-level harmonisation of the profession through specific directives coordi-
nating training and mutual recognition of diplomas, the Commission, in accordance with the approach set
out in the directives on a general system for the recognition of diplomas (89/48/EEC (2) and 92/51/EEC (3)),
will not consider proposing harmonisation measures that are specific to a given profession unless the
circumstances are entirely exceptional and only if the following conditions are met: first, the proposal for a
directive in question would need to substantially improve the scope for free movement by the practitioners
concerned, Directives 89/48/EEC and 92/51/EEC having proved inadequate to ensure recognition of
diplomas and freedom of establishment for these persons, and second, the underlying principle and the
main components of the proposed harmonisation measures would have to win an adequate consensus
among those working in this field in all the Member States and between the Member States themselves.

(1) OJ C 225 E, 8.8.2000.
(2) OJ L 19, 24.1.1989.
(3) OJ L 209, 24.7.1992.

(2001/C 72 E/242)

WRITTEN QUESTION E-2242/00

by Hanja Maij-Weggen (PPE-DE) and Maria Martens (PPE-DE) to the Commission

Subject: Member States(cid:146) legislation on the loan of museum exhibits

(5 July 2000)

Is the Commission aware that it is particularly difficult for museums in some Member States to organise
joint exhibitions because Member States have very restrictive legislation on the loan of exhibits?

For example, the Friesian Museum in Leeuwarden needed two years ago to organise its (cid:145)Koningin van de
Noordzee(cid:146) (Queen of the North Sea) exhibition because of this restrictive legislation.

Is the Commission prepared to investigate whether the legislation in question could be harmonised in
order to facilitate the loan of exhibits and the holding of joint exhibitions within the Union?

Answer by Mr Bolkestein on behalf of the Commission

(8 September 2000)

Indeed,

The Commission would like to point out to the honourable Member that transfers of works of art between
museums located in the Member States may be hampered by the application of national laws designed to
protect national treasures.
in accordance with Article 30 (ex Article 36) of the EC Treaty,
prohibitions or restrictions on imports, exports or goods in transit are allowed if justified on grounds of
the protection of national treasures possessing artistic, historic or archaeological value, provided such
measures are proportionate to the stated objective. The Commission would emphasise that since 1 January
1993 these measures cannot involve any check at the internal borders of the Community. It is for this
reason that the Community adopted Council Regulation (EEC) No 3911/92 of 9 December 1992 on the
export of cultural goods (1) and Council Directive 93/7/EEC of 15 March 1993 on the return of cultural
objects unlawfully removed from the territory of a Member State (2).

The Commission informs the honourable Member that,
in connection with the establishment and
operation of the internal market, it is ready to accord special attention to the difficulties of transfers
between museums, although it has not yet begun to consider possible harmonisation of laws relating to
loans of works between museums.

The Commission would also like to point out that the organisation of joint exhibitions by museums
can be supported by Community actions in the cultural field. However, in accordance with Article 151
(ex Article 128) of the EC Treaty, such actions cannot include any harmonisation of the laws and
regulations of the Member States.

(1) OJ L 395, 31.12.1992.
(2) OJ L 74, 27.3.1993.