WRITTEN QUESTION E-2084/03 by Graham Watson (ELDR) to the Commission. 1970 Unesco Convention.
Date: 2003-06-24
Institutions: European Parliament, Provisional data
Subjects: UN convention, Unesco, administrative cooperation, art trade, cooperation policy, cultural object, export monitoring, heritage protection, illicit trade

27.3.2004

EN

Official Journal of the European Union

C 78 E/75

For practical reasons it is not possible, however, to give precise information on the amount of aid awarded
to each individual undertaking.

The Commission also publishes regular reports on the Structural Funds (http://europa.eu.int/comm/
regional_policy/sources/docoffic/official/repor_fr.htm). This includes a description of the ongoing pro-
grammes for each Member State. An evaluation study on the financing of small and medium-sized
enterprises (SMEs) was carried out
(http://europa.eu.int/comm/
regional_policy/sources/docgener/evaluation/sme/index_en.htm).

in 1999 for the period 1994-1999.

As regards the financing of the Structural Funds for the period 2000-2006, the Commission bases its
analyses on a very detailed database containing the financing plans of each programme measure, as
declared by the Member States. The Member States are responsible for the implementation of the measures
and the choice of the individual recipients. On the basis of this programming, the amounts of which may
vary to take account of the modifications required for economic and social reasons, aid for SMEs (and the
handicraft sector) from the Structural Funds is about EUR 21 billion. This accounts for 11 % of the total
Structural Funds for the period 2000-2006.

The breakdown of the Community funding as a percentage of the total EUR 21 billion is as follows:

(cid:1) Plant and equipment:37,3 %;

(cid:1) Environment-friendly technologies: 3,3 %;

(cid:1) Business advisory services: 14,1 %;

(cid:1) Shared business services: 15,6 %;

(cid:1) Financial engineering: 6,2 %;

(cid:1) Services in support of the social economy: 3,7 %;

(cid:1) Vocational training: 4,2 %;

(cid:1) Others non classified: 15,6 %.

(2004/C 78 E/0074)

WRITTEN QUESTION E-2084/03

by Graham Watson (ELDR) to the Commission

(24 June 2003)

Subject: 1970 Unesco Convention

Does the Commission consider that Member States have taken adequate measures to comply with the
1970 Unesco Convention on illicit trafficking of cultural property?

If not, will the Commission draw the failure to comply to the attention of the recalcitrant States?

Answer given by Mr Bolkestein on behalf of the Commission

(30 September 2003)

With regard to the relationship between Member States and third countries, the 1970 United Nations
Educational, Scientific and Cultural Organisation (Unesco) Convention maintains its importance as the
main legal instrument at universal level aimed at fighting the illicit traffic in cultural goods. Currently, nine
Member States and eight Acceding States are parties to the Convention, while its ratification is being
examined in a number of other Member States. Recent accession by three Member States in 2003 shows
that awareness as to the need to combat illicit trafficking in cultural goods is increasing, as well as
acceptance of the Convention, which has now reached the number of 100 States Parties.

C 78 E/76

Official Journal of the European Union

EN

27.3.2004

Within the specific context of the Union-Africa Dialogue, the ‘Return of Stolen and Illicitly Exported
Cultural Goods’ has been one of the priority themes since the Cairo Action Plan. In November 2002, the
Union-Africa Ministerial Meeting in Ouagadougou endorsed a set of guiding principles and concrete
recommendations for action in this area. In its recent Communication on the Union-Africa Dialogue (1), the
Commission outlined a series of measures to support the dialogue on cultural goods, which also include
adherence by all countries in the Union and Africa to the relevant international conventions, in particular
the 1970 Unesco Convention, and support to Unesco’s activities in the context of the 1970 Convention.

In addition to creating a diplomatic mechanism for the return of stolen cultural goods, the 1970 Unesco
Convention contains a number of obligations for States Parties to foster protective and capacity-building
measures within their territories, such as the development of museums structures and inventories or the
implementation of educational programmes. The Commission,
for its part, has already undertaken
capacity-building activities in the area of cultural goods within its external aid programmes; the possibility
of supporting a concrete project in the context of the Union-Africa Dialogue on cultural goods is currently
being examined.

It was deemed necessary to adopt measures at Community level as this protection could not be adequately
guaranteed via the ratification of the 1970 Unesco Convention on the measures to be adopted to prohibit
import, export and transfer of ownership of cultural goods. However, since
and prevent
1 January 1993, with the abolition of physical checks at the Community’s internal borders, there has been
a need for additional measures for
to provide
supplementary means of ensuring adequate protection for cultural goods.

the internal market

the completion of

the illicit

in order

In the context of the operation of the single market, Regulation (EEC) No 3911/92 (2) and Directive 93/7/
EEC (3) seek to reconcile the fundamental principle of free movement of cultural goods with that of the
protection of national treasures.

The Regulation introduces uniform controls for the prevention of exports of cultural goods at the external
borders of the Community, which allow the competent (Culture and Customs) authorities of the Member
States from which the cultural goods are to be exported to a third country to take the interests of the other
Member States into account. This is because, in the absence of such controls, abolishing checks at the
physical borders within the Community would have meant that a national treasure unlawfully removed
from a Member State could be presented at a customs office of another Member State and exported easily
to a third country.

Directive 93/7/EEC complements Regulation (EEC) No 3911/92 by providing for administrative
cooperation mechanisms between Member States as regards their national treasures in the context of the
internal market, and a procedure for restoring national treasures when these have been unlawfully
removed from the territory of a Member State. While the aim of the Regulation is to avoid national
treasures being taken out of Community territory without controls, the Directive, for its part, deals with
the arrangements for restoring such treasures to the Member State of origin when they have been
unlawfully removed from it.

The Commission reviews implementation by Member States of the Community instruments referred to
above and produces a report every three years. The latest report was issued on 25 May 2000 (4).

(1) COM(2003) 316 final.
(2) Council Regulation (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods, OJ L 395, 31.12.1992.
(3) Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the

territory of a Member State, OJ L 74, 27.3.1993.

(4) COM(2000) 325 final.

(2004/C 78 E/0075)

WRITTEN QUESTION E-2087/03

by Marjo Matikainen-Kallström (PPE-DE) to the Commission

(24 June 2003)

Subject: Recognition of Finnish engineering qualifications in certain Mediterranean countries

Finnish engineers have had practical difficulties in carrying on their occupation in most Mediterranean
countries. Problems have arisen in Portugal, Italy, Greece, and Cyprus. The difficulties regarding exercise of