Council Resolution of 21 January 2002 on the Commission report on the implementation of Regulation (EEC) No 3911/92 on the export of cultural goods and Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State
Date: 2002-01-21
Institutions: Council of the European Union
Subjects: administrative cooperation, cultural object, cultural relations, export, export licence, heritage protection

5.2.2002

EN

Official Journal of the European Communities

C 32/3

COUNCIL RESOLUTION

of 21 January 2002

on the Commission report on the implementation of Regulation (EEC) No 3911/92 on the export
of cultural goods and Directive 93/7/EEC on the return of cultural objects unlawfully removed
from the territory of a Member State

(2002/C 32/03)

THE COUNCIL OF THE EUROPEAN UNION,

NOTING THAT:

(7) Cooperation between Member States

could also be
strengthened, taking account in particular of possible devel-
opments in the area of police and judicial cooperation.

(1) On 25 May 2000 the Commission submitted to the
European Parliament and to the Council a report on the
implementation of Regulation (EEC) No 3911/92 of 9
December 1992 on the export of cultural goods (1) and
Directive 93/7/EEC on the return of cultural objects
unlawfully removed from the territory of a Member
State (2).

(2) On 12 June 2001 the European Parliament adopted a
Resolution on the Commission report on the implemen-
tation of Regulation (EEC) No 3911/92 and Directive
93/7/EEC.

(3) The protection of national treasures of artistic, historical or
archaeological value can be effectively guaranteed by the
Member States only by means of cooperation at national,
Community and international
level. Such cooperation
presupposes, within the institutions and the Member
States, a coordinated approach by the various sectors
concerned, such as customs, culture and police.

(4) International organisations have drawn up instruments
designed to promote this protection, such as the 1970
Unesco Convention,
Europe
Convention and the 1995 Unidroit Convention.

the 1985 Council

of

(5) Regulation (EEC) No 3911/92 and Directive 93/7/EEC
instruments
the cultural heritage of
appropriate

constitute, at Community level,
necessary for the protection of
the Member
by
framework for cooperation.

organising

the legal

States

an

(6) Every three years, on the basis of economic and monetary
indicators in the Community, the Council, on a proposal
from the Commission, undertakes an examination and,
where appropriate, updating of the amounts set out in
the Annexes
to Regulation (EEC) No 3911/92 and
Directive 93/7/EEC.

(1) OJ L 395, 31.12.1992, p. 1. Regulation as last amended by Regu-

lation (EC) No 974/2001 (OJ L 137, 19.5.2001, p. 10).

(2) OJ L 74, 27.3.1993, p. 74. Directive as last amended by Directive
2001/38/EC of the European Parliament and of the Council (OJ L
187, 10.7.2001, p. 43).

(8) The implications of the forthcoming enlargement of the
European Union for the implementation of the existing
In
framework should be taken into consideration.
legal
this
information and
connection,
experience with a view to establishing a framework
conducive to the adoption and implementation of
the
acquis communautaire is of definite importance,

exchange of

the

TAKES NOTE of the Commission’s four initiatives for:

1. establishing guidelines for the administrative cooperation
between the Member States provided for by Regulation
(EEC) No 3911/92 and by Directive 93/7/EEC;

2. the initiation of a study on the traceability of cultural goods;

3. the launching of discussions with all the circles concerned
in the context of the forum on the prevention of organised
crime;

4. maximum use of new technologies

the
implementation of Regulation (EEC) No 3911/92 and of
Directive 93/7/EEC,

to improve

INVITES THE MEMBER STATES TO:

1. exploit to the full the protection afforded by Regulation
(EEC) No 3911/92 and Directive 93/7/EEC by intensifying
the cooperation established by these two legal instruments;

2. cooperate closely with the Commission as

its
initiatives described hereinafter for improving and struc-
turing administrative
cooperation between and within
Member States in order to improve the effectiveness of
Regulation (EEC) No 3911/92 and Directive 93/7/EEC;

regards

C 32/4

EN

Official Journal of the European Communities

5.2.2002

3.

improve this administrative cooperation by using the possi-
bilities afforded by the development of police and judicial
cooperation in criminal matters.

initiatives, for example a work programme, in the context
of the Advisory Committee on cultural goods;

INVITES THE COMMISSION TO:

1. pursue the initiatives it has already launched to contribute
more effectively to the protection of the Member States’
cultural heritage and to the effective functioning of
the
mechanisms set up by Regulation (EEC) No 3911/92 and
if necessary, other
by Directive 93/7/EEC and develop,

2. pay particular attention, in the framework of enlargement
negotiations, to the full application of Regulation (EEC) No
3911/92 and Directive 93/7/EEC when the candidate
countries accede, while ensuring the establishment of
administrative structures and capacities that can provide
the Union’s new external borders with the highest degree
of protection of the cultural heritage of the Member States.

COUNCIL RESOLUTION

of 21 January 2002

on the development of the audiovisual sector

(2002/C 32/04)

THE COUNCIL OF THE EUROPEAN UNION,

1. RECALLING that the Community takes account of cultural
aspects in its action under the provisions of
the Treaty
in
establishing the European Community,
order to respect and promote the diversity of its cultures,

in particular

2. RECALLING the Protocol to the Treaty of Amsterdam, on the
system of public broadcasting in the Member States and the
Resolution of the Council and of the Representatives of the
Governments of
the Member States, meeting within the
Council of 25 January 1999, concerning public service
broadcasting (1),

3. RECALLING the conclusions of

the European Audiovisual
Conference organised in Birmingham from 6 to 8 April
1998 entitled (cid:145)Challenges and opportunities of the digital
age(cid:146), which showed the need for structural change to
international
make the audiovisual sector competitive at
level by means of complementary European and national
policies,

in particular the fact

4. RECALLING the Council conclusions of 27 September 1999
concerning the results of the public consultation on the
Convergence Green Paper,
that a
general message with regard to the role of regulation was
the affirmation of the continuing need to meet a range of
public interest objectives (such as the protection of minors
and human dignity, cultural and linguistic diversity and
pluralism) whilst
to promote
recognising
investment, in particular in new audiovisual services,

the need

5. RECALLING that the mandate given to the Commission at
the Council meeting on 26 October 1999 stipulates that
during the forthcoming WTO negotiations the Union will

ensure, as in the Uruguay Round, that the Community and
its Member States maintain the possibility to preserve and
develop their capacity to define and implement
their
cultural and audiovisual policies
the purpose of
preserving their cultural diversity,

for

6. RECALLING the importance of the e-Europe initiative and the
the Special European Council meeting in

conclusions of
Lisbon on 23 and 24 March 2000,

on

for

and

guidelines

(cid:145)principles

7. RECALLING the conclusions of the Council and the represen-
tatives of the Member States, meeting within the Council, of
26 June 2000 concerning the communication from the
the
Commission
Community’s audiovisual policy in the digital age(cid:146) (2),
in
particularly in so far as they (cid:145)stress, once again, the key
importance of European content and, as a consequence,
the need to uphold and foster support measures, while
bearing in mind the need to promote complementarity
and synergy between national and Community measures
as well as the need to safeguard cultural diversity(cid:146); and in
so far as they invite the Commission (cid:145)to identify and
promote measures to enhance the competitiveness of the
European content industry in the digital age, while inter
alia promoting synergy between the relevant Community
instruments(cid:146),

8. RECALLING the Council Resolution of 12 February 2001 on

national aid to the film and audiovisual industries (3),

9. RECALLING the wish expressed at the meeting of experts in
Mons on 5 and 6 October 2001 to see the European audio-
visual sector occupy a significant place in the world audio-
visual area,

(1) OJ C 30, 5.2.1999, p. 1.

(2) OJ C 196, 12.7.2000, p. 1.
(3) OJ C 73, 6.3.2001, p. 3.