Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the return of cultural objects unlawfully removed from the territory of a Member State (Recast)
Date: 2013-05-30
Institutions: European Commission
Subjects: EU Member State, cultural heritage, free movement of goods, heritage protection, illicit trade

EUROPEAN 
COMMISSION 

Brussels, 30.5.2013  
COM(2013) 311 final 

2013/0162 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the return of cultural objects unlawfully removed from the territory of a Member 
State  

(Recast) 

(Text with EEA relevance) 

{SWD(2013) 188 final} 
{SWD(2013) 189 final} 

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EXPLANATORY MEMORANDUM 

1. 

• 

BACKGROUND TO THE PROPOSAL  

General context, reasons for and objectives of this proposal 

National  cultural  objects  are  objects  identified  by  the  Member  States  as  belonging  to  their 
cultural heritage. These objects are generally classified in terms of their cultural importance 
and  covered  by  more  or  less  stringent  protection  rules.  Of  these  cultural  objects,  national 
treasures  possessing  artistic,  historic  or  archaeological  value  (“national  treasures”)  under 
national  legislation  or  administrative  procedures  within  the  meaning  of  Article  36  of  the 
Treaty on the Functioning of the European Union (TFEU), are objects of major interest that 
should be preserved for future generations. As a general rule, national treasures receive better 
legal protection preventing their permanent removal from the Member State’s territory. 

The internal market is an area without internal frontiers in which the free movement of goods 
is ensured in accordance with the provisions of the Treaty on the Functioning of the European 
Union.  These  provisions  do  not  preclude  prohibitions  or  restrictions  justified  on  grounds  of 
the protection of national treasures possessing artistic, historic or archaeological value within 
the meaning of Article 36 TFEU. 

Council  Directive  93/7/EEC  on  the  return  of  cultural  objects  unlawfully  removed  from  the 
territory of a Member State1 was adopted in 1993, when the internal frontiers were abolished, 
in order to protect the Member States’ cultural objects that are classified as national treasures. 
This Directive seeks to reconcile the fundamental principle of free movement of goods with 
the need for effective protection of national treasures.  
The assessments of the Directive2 have shown that its effectiveness in securing the return of 
cultural objects classified as national treasures which have been unlawfully removed from the 
territory  of  a  Member  State  and  are  located  on  the  territory  of  another  Member  State  is 
limited. The main reasons for this were identified as being: 

• 

the  conditions  making  objects  classified  as  national  treasures  eligible  for 
return, in other words whether they belong to one of the categories referred to 
in the Annex and meet the financial and age thresholds; 

• 

the short time available for bringing return proceedings; 

1 

2 

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, p. 74, amended by Directive 96/100/EC of 
the  European  Parliament  and  of  the  Council  of  17 February  1997,  OJ L  60,  1.3.1997,  p. 59,  and  by 
Directive  2001/38/EC  of  the  European  Parliament  and  of  the  Council  of  5 June  2001,  OJ L  187, 
10.7.2001, p. 43. 
First report from the Commission to the Council, the European Parliament and the Economic and Social 
Committee on the implementation of Council Regulation (EEC) No 3911/92 on the export of cultural 
goods and Council Directive 93/7/EEC on the return of cultural objects unlawfully removed from the 
territory of a Member State (COM(2000) 325 final, 25.05.2000). Second report from the Commission to 
the  Council,  the  European  Parliament  and  the  Economic  and  Social  Committee  on  the  application  of 
Council Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a 
Member State (COM(2005) 675 final, 21.12.2005). Third report from the Commission to the Council, 
the  European  Parliament  and  the  Economic  and  Social  Committee  on  the  application  of  Council 
Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member 
State  (COM(2009)  408  final,  30.07.2009)].  Fourth  report  from  the  Commission  to  the  Council,  the 
European Parliament and the European Economic and Social Committee on the application of Council 
Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member 
State (COM(2013) 310 final, 30.5.2013). 

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• 

the cost of compensation.  

The assessment reports also highlighted the need for improved administrative cooperation and 
consultation  between the central authorities in order to enable them to  better implement the 
Directive. 

Under  the  system  set  up  by  the  Directive,  certain  Member  States  would  have  to  use  the 
mechanisms  provided  for  by  international  agreements  in  order  to  secure  the  return  of  their 
cultural objects. UNESCO’s Convention of 1970 on the Means of Prohibiting and Preventing 
the Illicit Import, Export and Transfer of Ownership of Cultural Property and the UNIDROIT 
Convention of 1995 on Stolen or Illegally Exported Cultural Objects have not been ratified by 
all Member States3. 

Despite the variety of instruments available, trafficking in cultural objects has become one of 
the  most  widespread  forms  of  illegal  trade.  Trafficking  in  cultural  objects  classified  as 
national  treasures  is  a  particularly  serious  form  of  this  crime  which  adversely  affects  the 
national  identity,  culture  and  history  of  the  Member  States,  since  the  disappearance  of 
national treasures deprives a State’s citizens of a mark of their identity and history.  

In  response  to  this  problem  and  its  major  impact  on  the  Member  States,  the  Council  of  the 
European Union concluded on 13 and 14 December 2011 that measures needed to be taken to 
make  preventing  and  combating  crime  against  cultural  objects  more  effective.  It  therefore 
recommended that the Commission, amongst other bodies, support the Member States in the 
effective  protection  of  cultural  objects  with  a  view  to  preventing  and  combating  trafficking 
and promoting complementary measures where appropriate4. 

The aim of this proposal is to enable Member States to secure the return of any cultural object 
which is classified as a national treasure and has been unlawfully removed from their territory 
since 1993.  

The overall objective is to contribute to the protection of cultural objects in the context of the 
internal market.  

Consistency with other policies and objectives of the Union 

This initiative is consistent with the Union's policy on the protection of cultural objects. It is 
also in line with the above-mentioned conclusions of the Council of the European Union on 
preventing and combating crime against cultural goods. 

The proposal for a Directive relates to the return of cultural objects by means of arrangements 
enabling  Member  States  to  protect  their  cultural  objects  which  are  classified  as  national 
treasures.  

As  far  as  the  recovery  of  a  cultural  object  by  its  owner  is  concerned,  Regulation  (EU) 
No 1215/2012  of  the  European  Parliament  and  of  the  Council  of  12 December  20125  on 
jurisdiction  and  the  recognition  and  enforcement  of  judgments  in  civil  and  commercial 
matters  provides  for  the  creation  of  a  forum  for  civil  recovery  proceedings  based  on 
ownership  at  the  courts  of  the  place  where  the  object  is  located.  This  new  provision  would 
also cover civil proceedings brought for the recovery of cultural objects.  

3 

4 

5 

As at September 2012, the UNESCO Convention of 1970 had been ratified by 22 Member States and 
the UNIDROIT Convention of 1995 by 13 Member States. Austria was in the process of ratifying the 
UNESCO Convention. 
Conclusions of the Council of the European Union on preventing and combating crime against cultural 
goods, 13 and 14 December 2011. 
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/126866.pdf. 
OJ L 351, 20.12.2012, p. 1. 

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Both initiatives are  aimed  at protecting cultural objects,  one  enabling national authorities to 
request the return of a cultural object which is classified as a national treasure and has been 
removed  unlawfully  from  the  territory,  and  the  other  giving  the  owner  the  right  to  seek 
recovery  of  a  cultural  object  before  the  courts  of  the  Member  State  where  the  object  is 
located. 

2. 

• 

RESULTS OF CONSULTATIONS WITH INTERESTED PARTIES AND IMPACT ASSESSMENT 

Consultation of interested parties  

A public consultation, addressed to all the parties concerned by this initiative, was held from 
30 November  2011  to  5 March  2012.  The  consultation  was  carried  out  via  the  interactive 
policy-making system (“Your Voice in Europe”) in the form of two specific questionnaires, 
one  for  public  authorities  and  bodies  and  the  other  for  citizens  and  economic  operators 
concerned by the issue or working in the area of cultural objects. 

The Commission received 142 replies, 24 of which were from public bodies and 118 from the 
private sector. A summary of the results of this public consultation is available on the Europa 
website6.  

Most (61%) of those from the private sector taking part in the consultation felt that Directive 
93/7/EEC met the needs of the Member States and that there was no need to revise it. Only 
22% were in favour of revision. 

However, 54% of the representatives of public authorities and bodies took the view that the 
Directive  did  not  guarantee  the  return  of  national  treasures  unlawfully  removed  from  the 
territory  of  a  Member  State.  The  solutions  proposed  for  improving  the  Directive’s 
effectiveness  received  fairly  even  support,  with  29%  in  favour  of  revision  of  the  Directive, 
29% in favour of improved administrative cooperation and information exchange between the 
competent authorities, 17% in favour of promoting ratification by the Member States of the 
international  agreements  (UNESCO  and  UNIDROIT)  and  25%  in  favour  of  an  approach 
combining  several  solutions,  such  as  revision  of  the  Directive  together  with  improved 
administrative cooperation and consultation between the competent authorities.  

• 

Acquisition and use of expertise 

The Commission has regularly drawn up reports reviewing Directive 93/7/EEC on the basis 
of  national  reports  on  its  application.  These  evaluation  reports  covering  the  period  1993  to 
2011 are addressed to the European Parliament, the Council and the European Economic and 
Social Committee7.  

The Commission also carried out an ex post evaluation of the Directive by setting up a group 
of national experts representing the central authorities which carry out the tasks set out in the 
Directive.  The  role  of  the  Return  of  Cultural  Goods  expert  group,  established  within  the 
Committee on the Export and Return of Cultural Goods, was to identify problems in applying 
the  Directive  and  find  possible  solutions.  The  group  carried  out  its  work  between  2009  and 
2011.  

6 
7 

http://ec.europa.eu/yourvoice/consultations/2012/index_en.htm 
http://ec.europa.eu/enterprise/policies/single-market-goods/regulated-sectors/cultural-
goods/index_en.htm 

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The  group  concluded  that  the  Directive  should  be  revised  to  make  it  a  more  effective 
instrument for the return of national treasures and that mechanisms should be put in place to 
improve administrative cooperation and consultation between the central authorities8.  

• 

Impact assessment 

This  proposal  is  accompanied  by  an  executive  summary  of  the  impact  assessment  and  an 
impact assessment, a draft version of which was assessed by the Impact Assessment Board of 
the European Commission, which issued its opinion on 21 September 2012. The final version 
of the impact assessment was amended to take the Board’s recommendations into account. 

The impact assessment took particular account of the reports reviewing the application of the 
Directive, the documentation obtained from the work of the Return of Cultural Goods expert 
group, the work of the OMC (Open Method of Coordination) expert group on the mobility of 
collections under the Work Plan for Culture 2007-20109, the results of the public consultation 
on  the  matter,  and  also  studies  looking  into  cultural  goods  carried  out  in  2004,  2007  and 
201110.  

Based on the information collected, the Commission carried out an impact assessment which 
examined and compared the following options11: 

Option 1: no change to the current situation  

No  amendment  is  made  to  Directive  93/7/EEC  as  amended  by  Directives  96/100/EC  and 
2001/38/EC. 

Option 2: promoting the use of common tools by the central authorities 

The central authorities are provided with an electronic tool (the Internal Market Information 
System  or  "IMI")  to  facilitate  administrative  cooperation,  consultation  and  the  exchange  of 
information between these authorities.  

Option 3: revision of Directive 93/7/EEC  

Directive  93/7/EEC  is  revised  to:  (i)  extend  its  scope  to  include  all  objects  classified  as 
national treasures, (ii) extend the time-limits for bringing return proceedings and for checking 
the cultural object, and (iii) align the conditions for compensating the possessor.  

Option  4:  encouraging  ratification  and  application  by  the  Member  States  of  the 
UNESCO Convention of 1970 on cultural property 

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9 

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collections, 

the  mobility  of 

The work of this group and the individual contributions of its members have not been published. 
Final  report  and  recommendations  to  the  Cultural  Affairs  Committee  on  improving  the  means  of 
June  2010:  http://ec.europa.eu/culture/our-policy-
increasing 
development/working-group-on-museum-activities_en.htm 
Study in 2004 entitled “Analyse des structures et mécanismes de diffusion des données nécessaires aux 
autorités  afin  de  garantir  l’application  de  la  directive  relative  aux  biens  culturels”  [Analysis  of  the 
structures  and  mechanisms  of  data  distribution  that  the  authorities  require  to  guarantee  application  of 
the Directive on cultural goods] and study in 2007 entitled “Extension aux 12 nouveaux États membres” 
[Extension to the 12 new Member States, Final Report] (Information & Communication Partners, (study 
contract  No  30-CE-0102617/00-49),  available  on  request  from  ENTR-PRODUCT-MARKET-
INTEGR-AND-ENFOR@ec.europa.eu. “Study on preventing and fighting illicit trafficking in cultural 
goods  in  the  European  Union”,  CECOJI-CNRS-UMR  6224  (France),  2011.  http://ec.europa.eu/home-
affairs/doc_centre/crime/docs/Report%20Trafficking%20in%20cultural%20goods%20EN.pdf#zoom 
Other  options,  such  as  (i)  ratification  by  the  Union  of  the  UNESCO  Convention  of  1970  and  the 
UNIDROIT  Convention  of  1995,  (ii)  shaping  a  Union  approach  towards  ratification  by  all  Member 
States  of  the  UNIDROIT  Convention,  (iii)  replacing  Directive  93/7/EEC  with  a  regulation  and  (iv) 
repealing Directive 93/7/EEC, were abandoned during the initial stages of examination of the various 
solutions on grounds of feasibility. 

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Directive 93/7/EEC remains unamended and action is focused on ratification and application 
by  the  Member  States  of  the  1970  UNESCO  Convention  on  the  Means  of  Prohibiting  and 
Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. 

The preferred approach is a combination of options 2 and 3, aimed in particular at: 

-  prescribing  the  use  of  the  IMI  administrative  cooperation  system  between  the  central 
authorities; 

-  extending  the  scope  of  the  Directive  to  include  all  cultural  objects  classified  as  national 
treasures within the meaning of Article 36 of the Treaty; 

- extending the time available for bringing return proceedings; 

- extending the time allowed for checking the cultural object; 

- aligning the conditions for compensating the possessor in cases of return. 

3. 

• 

LEGAL ASPECTS OF THE PROPOSAL 

Summary of the proposed action  

The  aim  of  recasting  Directive  93/7/EEC,  as  amended  by  Directives  96/100/EC  and 
2001/38/EC, is to enable Member States to secure the return of any cultural object which is 
classified  as  a  national  treasure.  The  recast  is  also  intended  to  simplify  Union  legislation  in 
this area. 

The changes made to the provisions of Directive 93/7/EEC concern: (i) extending its scope to 
cover all cultural objects classified as national treasures within the meaning of Article 36 of 
the  Treaty,  (ii)  prescribing  the  use  of  the  IMI  system  for  administrative  cooperation  and 
information  exchanges  between  the  central  authorities,  (iii)  extending  the  time  given  to  the 
authorities of the requesting Member State to check the nature of the cultural object found in 
another  Member  State,  (iv)  extending  the  time-limit  for  bringing  return  proceedings,  (v) 
indicating which authority of the requesting Member State starts the period for bringing return 
proceedings,  (vi)  stipulating  that  the  possessor  has  the  burden  of  proof  that  due  care  and 
attention  was  taken  when  the  cultural  object  was  acquired,  (vii)  indicating  the  common 
criteria  for  interpreting  the  concept  of  due  care  and  attention  and  (viii)  extending  the  time-
limit for the reports assessing and reviewing the application of the Directive. 

• 

Legal basis 

The proposal is based on Article 114 of the Treaty (TFEU). 

• 

Subsidiarity principle  

The internal market is a competence that is shared between the Union and the Member States. 
Therefore the principle of subsidiarity applies. 

Directive 93/7/EEC was adopted when the internal market was created, since any action taken 
in isolation by Member States towards the return of objects might be thwarted by differences 
between national laws.  

Establishing rules on the return of objects contributes towards the smoother functioning of the 
internal market. It would be very difficult for a Member State to secure the return of a cultural 
object classified as a national treasure that has been unlawfully removed without a common 
procedure that is also available in the Member State where the object is located. A possessor 
who knows that the object has been unlawfully removed could therefore establish himself in a 
Member State without having to fear the loss of that object. 

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The  cross-border  dimension  of  the  unlawful  removal  of  cultural  objects  makes  the  Union 
better suited to act on these matters and enable the return of objects that have been unlawfully 
removed  and  are  located  in  the  territory  of  a  Member  State.  Therefore,  the  objective  of  the 
proposal cannot be sufficiently achieved by Member States and requires action at EU level. 

However,  the  Union  is  not  competent  for  determining  what  is  a  national  treasure  or  which 
national courts have competence for hearing the return proceedings brought by the requesting 
Member  State  against  the  possessor  and/or  holder  of  a  cultural  object  that  is  classified  as 
being a national treasure and has been unlawfully removed from the territory of the Member 
State.  These  matters  are  covered  by  subsidiarity,  as  they  fall  within  the  competence  of  the 
Member States. 

• 

Proportionality principle 

In  accordance  with  the  principle  of  proportionality,  the  proposed  modifications  do  not  go 
beyond what is necessary to achieve the objectives set. 

The  scale  of  the  proposed  measure  is  connected  with  the  major  factors  limiting  the 
effectiveness  of  Directive  93/7/EEC  with  regard  to  securing  the  return  of  certain  objects 
classified as national treasures. This proposal is proportionate to the objective of ensuring the 
return of all cultural objects that are classified as national treasures and have been unlawfully 
removed  from  the  territory  of  a  Member  State  since  1993  and  does  not  go  beyond  what  is 
necessary for that purpose.  

In order to improve its application, this proposal stipulates that administrative cooperation and 
information  exchange  between  the  central  authorities  is  to  be  carried  out  using  the  IMI 
system;  it  also  indicates  which  national  authority  of  the  requesting  Member  State  starts  the 
period for bringing return proceedings, stipulates that the possessor has the burden of proof 
that due care and attention was exercised, and sets out certain common criteria for interpreting 
the concept of due care and attention so that it is easier for national judges to arrive at a more 
uniform interpretation of this concept for the purposes of compensating the possessor. These 
criteria are not exhaustive. 

However,  there  is  no  need  for  action  with  regard  to  other  aspects,  such  as  enabling  an 
individual  to  bring  return  proceedings  to  retrieve  an  object  considered  a  national  treasure 
which belongs to him, extending the time-limit for bringing return proceedings from thirty to 
fifty years, or limiting the maximum amount of compensation to the possessor. 

The  proposal  will  not  add  to  the  administrative  burden  of  the  administrations;  it  should,  in 
fact, reduce it. 

• 

Legislative technique 

On 1 April 1987, the Commission decided to instruct its staff that all acts should be codified 
after  no  more  than  ten  amendments,  stressing  that  this  is  a  minimum  requirement  and  that 
departments  should  endeavour  to  codify  the  texts  for  which  they  are  responsible  at  even 
shorter intervals in order to ensure that their provisions are clear and readily understandable. 

Codification  of  Council  Directive  93/7/EEC  of  15 March  1993  on  the  return  of  cultural 
objects  unlawfully  removed  from  the  territory  of  a  Member  State12  was  initiated  by  the 

12 

Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council - Codification of the Acquis communautaire, COM(2001) 645 final. 

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Commission,  and  a  relevant  proposal  was  submitted  to  the  legislative  authority13.  The  new 
Directive was to have superseded the various acts incorporated in it14. 

In the course of the legislative procedure, it was acknowledged that Article 16(4) of Directive 
93/7/EEC,  which  corresponded  to  Article  16(3)  of  the  proposed  codified  text,  established  a 
secondary legal basis. In the light of the judgment of the Court of Justice of 6 May 2008 in 
Case C-133/06, it was considered necessary to delete Article 16(3) of the proposed codified 
text.  Since  such  a  deletion  would  have  involved  a  substantive  change  going  beyond 
straightforward codification, it was considered necessary that point 815 of the Interinstitutional 
Agreement  of  20 December  1994  –  Accelerated  working  method  for  official  codification  of 
legislative texts – be applied, in the light of the joint declaration on that point16. 

The Commission therefore considered it appropriate to withdraw the proposal for a Directive 
of  the  European  Parliament  and  of  the  Council  codifying  Directive  93/7/EEC17  and  to 
transform the codification of the Directive into a recast in order to incorporate the necessary 
amendment. 

As explained above, the objective of enabling Member States to secure the return of cultural 
objects  which  are  classified  as  national  treasures  requires  a  certain  number  of  substantial 
changes  to  be  made  to  Directive  93/7/EEC.  It  has  therefore  been  decided  to  apply  the 
recasting technique in accordance with the Interinstitutional Agreement of 28 November 2001 
on a more structured use of the recasting technique for legal acts18. 

This proposal is for a recast of Directive 93/7/EEC, as amended by Directives 96/100/EC and 
2001/38/EC. It provides for simplification of the legislation in force and will lead to the repeal 
of Directives 93/7/EEC, 96/100/EC and 2001/38/EC. 

• 

Detailed explanation of the proposal 

Article  1(1)  defines  a  ‘cultural  object’  as  an  object  which  is  classified,  before  or  after  its 
unlawful  removal  from  the  territory  of  a  Member  State,  among  the  ‘national  treasures 
possessing  artistic,  historic  or  archaeological  value’  under  national 
legislation  or 
administrative  procedures  within  the  meaning  of  Article  36  of  the  Treaty.  The  Annex  to 
Directive 93/7/EEC is deleted. 

For  the  purposes  of  the  return  of  an  object,  this  Directive  removes  the  requirements  that 
objects classified as national treasures should: 

• 

• 

belong  to  one  of  the  common  categories  referred  to  in  the  Annex  and  to 
respect,  where  necessary,  the  age  and/or  financial  thresholds  set  for  those 
categories, or,  

where  the  objects  do  not  belong  to  one  of  those  categories,  form  an  integral 
part  of  public  collections  listed  in  the  inventories  of  museums,  archives  or 

13 
14 
15 

16 

17 
18 

COM (2007) 873 final. 
See Annex I, Part A of this proposal. 
"Should it prove necessary during the legislative process to go beyond straightforward codification and 
make substantive changes, it will be the Commission's responsibility to submit any proposal(s), where 
appropriate". 
"The European Parliament, the Council and the Commission note that if it should appear necessary to 
go beyond straightforward codification and make substantive changes, the Commission will be able to 
choose,  case  by  case,  whether  to  recast  its  proposal  or  whether  to  submit  a  separate  proposal  for 
amendment, leaving its codification proposal on the table, and then, once the substantive change has 
been adopted, incorporate it into the proposal for codification". 
OJ C 252, 18.9.2010, p. 11. 
OJ C 77, 28.3.2002, p. 1. 

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libraries'  conservation  collections  or 
institutions. 

the 

inventories  of  ecclesiastical 

Each Member State must define their national treasures within the meaning and the limits of 
Article 36 of the Treaty. The Annex to Directive 93/7/EEC is not intended to define objects 
which rank as national treasures within the meaning of that article, but merely categories of 
object which may be classified as such and may be eligible for return proceedings. 

This proposal seeks to reconcile the fundamental principle of the free movement of cultural 
objects with the need for effective protection of national treasures. It confirms the intention of 
the  legislature  of  1993  to  make  Directive  93/7/EEC  a  first  step  in  establishing  cooperation 
between Member States in this field in the context of the internal market, and that its aim was 
mutual recognition of the relevant national laws. 

This proposal meets the repeated demand made by representatives of the Member States for 
effective  arrangements  for  the  return  of  cultural  objects  classified  as  national  treasures.  It 
allows Member States to secure the return of cultural objects which are classified as national 
treasures and have been unlawfully removed from their territory since 1993, and thus provides 
better protection for the Member States’ cultural heritage. 

However, the possessor would be able to submit evidence in the return proceedings to argue 
that the requesting State infringed Article 36 of the Treaty when it classified the object as a 
national treasure. The court in question will then have to make a ruling, where necessary after 
sending a referral for a preliminary ruling to the Court of Justice of the European Union. 

Articles  4  and  6  provide  for  the  use  by  the  central  authorities  of  the  Internal  Market 
Information System ("IMI") in order to facilitate administrative cooperation, consultation and 
the exchange of information between them. 

Article  4(3)  extends  the  time-limit  allowed  to  the  competent  authority  of  the  requesting 
Member State to check that the object discovered in another Member State is a cultural object 
to five months after the notification that the object has been discovered. 

In  view  of  the  cross-border  aspect  of  this  issue,  extending  this  time-limit  will  contribute  to 
more effective administrative cooperation between the competent authorities. 

Article 7(1) stipulates that the return proceedings may not be brought more than three years 
after the central authority of the requesting Member State became aware of the location of the 
cultural object and of the identity of its possessor or holder. 

The extension of this period takes account of the complexity of cross-border relations and also 
the obligation of due care and attention incumbent on the requesting State.  

Article 9 contains common criteria for interpreting the concept of the due care and attention 
exercised by the possessor in acquiring the object. These criteria are based on those set out in 
Articles 4(4) and 6(2) of the UNIDROIT Convention of 1995. 

Under this proposal, the burden of proof of due care and attention in acquiring the object will 
lie  with  the  possessor.  The  person  acquiring  the  object  will  be  entitled  to  compensation 
provided  that  he  can  prove  that  he  exercised  due  care  and  attention  in  acquiring  the  object 
with  respect  to  whether  the  cultural  object  was  lawfully  removed  from  the  territory  of  the 
requesting Member State.  

These  changes  should  enable  the  Directive  to  be  applied  more  uniformly  and,  where 
necessary, make it more difficult for possessors acting in bad faith or not exercising due care 
and attention to obtain compensation. 

EN 

9 

   EN 

Article  16  lays  down  the  evaluation  and  monitoring  arrangements  allowing  the  other 
institutions  of  the  Union  to  gain  an  insight  into  the  actual  implementation  of  the  Directive. 
The reports reviewing the application of the Directive will be drawn up every five years. A 
review clause is included. 

• 

Comitology and delegated acts 

Article  17  of  Directive  93/7/EEC  provides  for  the  Commission  to  be  assisted  by  the 
committee  established  by  Article  8  of  Regulation  (EC)  No  116/2009  (codified  version  of 
Regulation  (EEC)  No  3911/92  on  the  export  of  cultural  goods)19.  This  is  the  Committee  on 
the Export and Return of Cultural Goods, which is an advisory committee of the Commission 
made up of representatives of the Member States. 

Directive 93/7/EEC stipulates that the Committee is to examine any question arising from the 
application of its Annex which may be tabled by the chairman either on his own initiative or 
at the request of the representative of a Member State. 

Since the new Directive does not contain an annex, the reference to the Committee has been 
deleted in the proposal. 

In  accordance  with  the  Communication  from  the  Commission  entitled  “Framework  for 
Commission's  expert  groups:  horizontal  rules  and  public  register”,  the  Commission  will  set 
up,  where  necessary,  an  expert  group  made  up  of  experts  from  the  central  authorities 
responsible for the Directive to set out the operating procedure for using the Internal Market 
Information System (IMI) in the area of cultural objects. 

4. 

• 

ADDITIONAL INFORMATION 

Repeal of existing legislation 

The  adoption  of  this  proposal  for  a  recast  will  lead  to  the  repeal  of  the  legislation  in  force, 
Directives 93/7/EEC, 96/100/EC and 2001/38/EC. 

• 

Amendment of existing legislation 

This  Directive  amends  the  Annex  to  Regulation  (EU)  No 1024/2012  of  the  European 
Parliament and of the Council of 25 October 2012 on administrative cooperation through the 
Internal Market Information System to include the new Directive. 

• 

European Economic Area  

The  proposed  act  is  relevant  to  the  EEA  and  should  therefore  extend  to  the  European 
Economic Area. 

5. 

BUDGETARY IMPLICATIONS 

The budgetary implications of this proposal are set out in the financial statement attached to 
the proposal. The proposal involves only administrative costs. 

19 

OJ L 39, 10.2.2009, p. 1. 

EN 

10 

   EN 

                                                 
(cid:208) 93/7/EEC (adapted) 

2013/0162 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the return of cultural objects unlawfully removed from the territory of a Member 
State  

(Recast) 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,  

Having  regard  to  the  Treaty  establishing  the  European  Economic  Community  ⌦ on  the 
Functioning of the European Union ⌫ , and in particular Article 100 A ⌦ 114 ⌫ thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments,  
Having regard to the opinion of the ⌦ European ⌫ Economic and Social Committee20, 

Acting in accordance with the ordinary legislative procedure, 

Whereas:  

(1) 

Council  Directive  93/7/EEC  of  15 March  1993  on  the  return  of  cultural  objects 
unlawfully  removed  from  the  territory  of  a  Member  State21  has  been  substantially 
amended several times22. Since further amendments are to be made, it should be recast 
in the interests of clarity.  

(cid:216) new 

(cid:208)93/7/EEC Recital 1 (adapted) 
(cid:214) new 

(2)  Whereas  Article  8a  of  the  Treaty  provides  for  the  establishment,  not  later  than  1 
January  1993,  of 
to  comprise 
⌦ comprises ⌫  an  area  without  internal  frontiers  in  which  the  free  movement  of 
goods, persons, services and capital is ensured in accordance with the provisions of the 

internal  market,  which 

the  ⌦ The ⌫ 

is 

20 
21 
22 

OJ C […], […], p. […]. 
OJ L 74, 27.03.1993, p. 74. 
See Annex I, Part A. 

EN 

11 

   EN 

 
 
 
                                                 
Treaty.  (cid:214) These  provisions  do  not  preclude  prohibitions  or  restrictions  justified  on 
grounds  of  the  protection  of  national  treasures  possessing  artistic,  historic  or 
archaeological value.  

(3)  Whereas, Under the terms and within the limits of Article 36 of the Treaty, Member 
States will, after 1992, retain the right to define their national treasures and to take the 
necessary measures to protect them in this area without internal frontiers. 

(cid:208) 93/7/EEC Recital 2 (adapted) 

(cid:208) 93/7/EEC Recital 3 (adapted) 

(4)  Whereas  arrangements  should  therefore  be  introduced  ⌦ Directive  93/7/EEC 
introduced  arrangements ⌫  enabling  Member  States  to  secure  the  return  to  their 
territory  of  cultural  objects  which  are  classified  as  national  treasures  within  the 
meaning of the said Article 36 ⌦ of the Treaty, fall under the common categories of 
cultural object referred to in the Treaty’s Annex ⌫ and have been removed from their 
territory in breach of the above-mentioned national measures or of Council Regulation 
(EEC)  No  3911/92116/2009  of  9  18  December  19922008  on  the  export  of  cultural 
goods23;  ⌦ and  cultural  objects  classified  as  national  treasures  and  forming  an 
integral part of public collections or inventories of ecclesiastical institutions but which 
do not fall within these common categories ⌫. whereas the implementation of these 
arrangements  should  be  as  simple  and  efficient  as  possible;  whereas,  to  facilitate 
cooperation with regard to return, the scope of the arrangements should be confined to 
items  belonging  to  common  categories  of  cultural  object;  whereas  the  Annex  to  this 
Directive  is  consequently  not  intended  to  define  objects  which  rank  as  ‘national 
treasures’  within  the  meaning  of  the  said  Article  36,  but  merely  categories  of  object 
which  may  be  classified  as  such  and  may  accordingly  be  covered  by  the  return 
procedure introduced by this Directive;  

Whereas cultural objects classified as national treasures and forming an integral part of public 
collections  or  inventories  of  ecclesiastical  institutions  but  which  do  not  fall  within  these 
common categories should also be covered by this Directive; 

(cid:208) 93/7/EEC Recital 4 (adapted) 

(cid:208) 93/7/EEC Recital 5 (adapted) 

(5)  Whereas administrative cooperation should be ⌦ Directive 93/7/EEC ⌫ established 
administrative cooperation between Member States as regards their national treasures, 
in close liaison with their cooperation in the field of stolen works of art and involving 
in  particular  the  recording,  with  Interpol  and  other  qualified  bodies  issuing  similar 
lists, of lost, stolen or illegally removed cultural objects forming part of their national 
treasures and their public collections. 

23 

OJ L 395, 31.12.1992, p. 1. OJ L 39, 10.2.2009, p. 1. 

EN 

12 

   EN 

 
 
 
 
                                                 
(cid:208) 93/7/EEC Recital 6 (adapted) 

(6)  Whereas  The  procedure  ⌦ provided  for  in ⌫  introduced  by  this  Directive 
⌦ 93/7/EEC  was ⌫  is  a  first  step  in  establishing  cooperation  between  Member 
States in this field in the context of the internal market. The aim is mutual recognition 
of  the  relevant  national  laws.  whereas  provision  should  therefore  be  made,  in 
particular, for the Commission to be assisted by an advisory committee. 

(cid:208) 93/7/EEC Recital 7 (adapted) 

(7)  Whereas  Regulation  (EEC)  No  3911/92  116/2009  introduces,  together  with  this 
Directive,  a  Community  ⌦ Union ⌫  system  to  protect  Member  States’  cultural 
goods. whereas the date by which Member States have to comply with this Directive 
has  to  be  as  close  as  possible  to  the  date  of  entry  into  force  of  that  Regulation; 
whereas,  having  regard  to  the  nature  of  their  legal  systems  and  the  scope  of  the 
changes  to  their  legislation  necessary  to  implement  this  Directive,  some  Member 
States will need a longer period, 

(cid:216) new 

(8) 

(9) 

Application of Directive 93/7/EEC has shown the limitations of the arrangements for 
securing  the  return  of  objects  classified  as  national  treasures  which  have  been 
unlawfully  removed  from  the  territory  of  a  Member  State  and  discovered  in  the 
territory of another Member State. 

The  Member  States  should  have  arrangements  at  their  disposal  to  ensure  that  the 
unlawful  removal  of  a  cultural  object  classified  as  a  national  treasure  to  another 
Member State does not present the same risk as its illegal export outside the Union. 

(10)  The scope of this Directive must extend to any cultural object classified as a national 
treasure possessing artistic, historic or archaeological value under national legislation 
or  administrative  procedures  within  the  meaning  of  Article  36  of  the  Treaty.  The 
criterion  of  falling  under  one  of  the  categories  referred  to  in  the  Annex  to  Directive 
93/7/EEC  should  therefore  be  removed  and  thus  the  Annex  itself  should  be  deleted 
and  the  criterion  of  forming  an  integral  part  of  public  collections  listed  in  the 
inventories  of  museums,  archives  and  libraries'  conservation  collections  or  the 
inventories  of  ecclesiastical  institutions  should  also  be  removed.  The  diversity  of 
national arrangements for protecting cultural objects is recognised in Article 36 of the 
Treaty.  In  this  context,  mutual  trust,  a  willingness  to  cooperate  and  mutual 
understanding between Member States are therefore essential. 

(11)  Administrative cooperation between the Member States needs to be stepped up so that 
this  Directive  can  be  applied  more  effectively  and  uniformly.  The  central  authorities 
should  therefore  be  required  to  use  the  Internal  Market  Information  System  (“IMI”) 
provided for by Regulation (EU) No 1024/2012 of the European Parliament and of the 
Council of 25 October 2012 on administrative cooperation through the Internal Market 
Information System and repealing Commission Decision 2008/49/EC24. It would also 

24 

OJ L 316, 14.11.2012, p. 1. 

EN 

13 

   EN 

 
 
 
                                                 
be  desirable  for  other  competent  authorities  of  the  Member  States  to  use  the  same 
system where possible. 

(12) 

In order to ensure the protection of personal data, administrative cooperation and the 
exchange  of  information  between  the  competent  authorities  should  comply  with  the 
rules set out in Directive 95/46/EC of the European Parliament and of the Council of 
24 October  1995  on  the  protection  of  individuals  with  regard  to  the  processing  of 
personal  data  and  on  the  free  movement  of  such  data25  and,  insofar  as  the  Internal 
Market Information System is used, in Regulation(EU) No 1024/2012. 

(13)  The time given to the competent authorities of the requesting Member State to check 
whether the cultural object found in another Member State is a cultural object within 
the  meaning  of  this  Directive  should  be  extended.  A  longer  period  should  allow 
appropriate  measures  to  be  taken  in  order  to  keep  the  object  and,  where  necessary, 
prevent any action to evade the return procedure. 

(14)  The  time-limit  for  bringing  return  proceedings  should  be  set  at  three  years  after  the 
requesting Member State became aware of the location of the cultural object and of the 
identity of its possessor or holder. In the interests of clarity, it should be stipulated that 
the  time-limit  for  bringing  proceedings  begins  on  the  date  on  which  the  information 
came to the knowledge of the central authority of the requesting Member State. 

(15)  The Council of the European Union has recognised the need for measures to be taken 
in  order  to  make  preventing  and  combating  crime  against  cultural  objects  more 
effective. It therefore recommended that the Commission support the Member States 
in the effective protection of cultural objects with a view to preventing and combating 
trafficking and promoting complementary measures where appropriate26. 

(16) 

It  is  desirable  to  ensure  that  all  those  involved  in  the  market  in  cultural  objects 
exercise  due  care  and  attention  in  transactions  involving  cultural  objects.  The 
consequences  of  acquiring  a  cultural  object  of  unlawful  origin  will  be  genuinely 
dissuasive  only  if  the  obligation  to  return  is  coupled  with  an  obligation  on  the 
possessor  to  prove  the  exercise  of  due  care  and  attention  in  order  to  obtain 
compensation. In order, therefore, to achieve the Union’s objectives in preventing and 
combating unlawful traffic in cultural objects, it must be stipulated that the possessor 
must provide proof that he exercised due care and attention in acquiring the object in 
order to obtain compensation, and that the possessor may not claim to have acted in 
good faith if he failed to exercise the level of due care and attention required by the 
circumstances. 

(17) 

In order to enable Member States to arrive at a uniform interpretation of the concept of 
due care and attention, the circumstances should be set out which are to be taken into 
account to determine whether due care and attention have been exercised. 

(18)  The aim of this Directive, that of enabling the return of any cultural object classified as 
a national treasure which has been unlawfully removed from the territory of a Member 
State,  cannot  be  adequately  achieved  by  the  Member  States  and  can  therefore,  by 
reason  of  its  scale  and  effects,  be  better  achieved  at  Union  level.  The  Union  may 
therefore adopt measures in accordance with the principle of subsidiarity as set out in 
Article  5  of  the  Treaty  on  European  Union.  In  accordance  with  the  principle  of 

25 
26 

OJ L 281, 23.11.1995, p. 74. 
Conclusions of the Council of the European Union on preventing and combating crime against cultural 
goods, Justice and Home Affairs Council, 13 and 14 December 2011. 

EN 

14 

   EN 

                                                 
proportionality  as  set  out  in  that  Article,  this  Directive  does  not  go  beyond  what  is 
necessary in order to achieve that objective. 

(19)  Since the tasks of the committee set up by Article 8 of Regulation (EC) No 116/2009 
are rendered obsolete by the deletion of the Annex to Directive 93/7/EEC, references 
to that committee should be deleted. 

(20)  Since  the  Annex  to  Regulation  (EU)  No  1024/2012  contains  a  list  of  provisions  on 
administrative cooperation in Union acts which are implemented by means of the IMI, 
the Annex should be amended to include this Directive. 

(21)  The obligation to transpose this Directive into national law should be confined to those 
provisions  which  represent  a  substantive  change  as  compared  with  the  earlier 
Directives.  The  obligation  to  transpose  the  provisions  which  are  unchanged  arises 
from Directive 93/7/EEC. 

(22)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating to the time-limits for transposition into national law of the Directives set out in 
Annex I, Part B, 

EN 

15 

   EN 

HAVE ADOPTED THIS DIRECTIVE: 

For the purposes of this Directive: 

Article 1 

(cid:208) 93/7/EEC 

1) 

‘Cultural object’ shall mean an object which: is classified, before or after its unlawful 
removal  from  the  territory  of  a  Member  State,  among  the  ‘national  treasures 
possessing  artistic,  historic  or  archaeological  value’  under  national  legislation  or 
administrative procedures within the meaning of Article 36 of the Treaty. 

and 

– 

belongs to one of the categories listed in the Annex or does not belong to one 
of these categories but forms an integral part of: 

– 

-  public  collections  listed  in  the  inventories  of  museums,  archives  or 
libraries' conservation collection. 

(cid:208) 93/7/EEC (adapted) 

For  the  purposes  of  this  Directive,  ‘public  collections’  shall  mean  collections 
which  are  the  property  of  a  Member  State,  local  or  regional  authority 
within  a  Member  States  or  an  institution  situated  in  the  territory  of  a 
Member State and defined as public in accordance with the legislation of 
that Member State, such institution being the property of, or significantly 
financed by, that Member State or a local or regional authority; 

(cid:208) 93/7/EEC 

– 

- the inventories of ecclesiastical institutions. 

2) 

‘Unlawfully removed from the territory of a Member State’ shall mean: 

(a) 

removed  from  the  territory  of  a  Member  State  in  breach  of  its  rules  on  the 
protection of national treasures or in breach of Regulation (EEC) No 3911/92 
116/2009, 

or 

(b)  not returned at the end of a period of lawful temporary removal or any breach 

of another condition governing such temporary removal. 

‘Requesting  Member  State’  shall  mean  the  Member  State  from  whose  territory  the 
cultural object has been unlawfully removed. 

‘Requested Member State’ shall mean the Member State in whose territory a cultural 
object unlawfully removed from the territory of another Member State is located. 

‘Return’  shall  mean  the  physical  return  of  the  cultural  object  to  the  territory  of  the 
requesting Member State. 

3) 

4) 

5) 

EN 

16 

   EN 

 
 
 
 
 
6) 

7) 

‘Possessor’ shall mean the person physically holding the cultural object on his own 
account. 

‘Holder’ shall mean the person physically holding the cultural object for third parties. 

(cid:208) 93/7/EEC (adapted) 

⌦ 8) 

‘Public collections’ shall mean collections which are the property of a Member State, 
local  or  regional  authority  within  a  Member  State  or  an  institution  situated  in  the 
territory of a Member State and defined as public in accordance with the legislation 
of that Member State, such institution being the property of, or significantly financed 
by, that Member State or a local or regional authority.⌫ 

(cid:208) 93/7/EEC 

Article 2 

Cultural objects which have been unlawfully removed from the territory of a Member State 
shall be returned in accordance with the procedure and in the circumstances provided for in 
this Directive. 

Article 3 

Each  Member  State  shall  appoint  one  or  more  central  authorities  to  carry  out  the  tasks 
provided for in this Directive. 

Member  States  shall  inform  the  Commission  of  all  the  central  authorities  they  appoint 
pursuant to this Article. 

The Commission shall publish a list of these central authorities and any changes concerning 
them in the C series of the Official Journal of the European Communities ⌦ Union ⌫. 

(cid:208) 93/7/EEC (adapted) 

EN 

17 

   EN 

 
 
 
(cid:208) 93/7/EEC 

Article 4 

Member  States'  central  authorities  shall  cooperate  and  promote  consultation  between  the 
Member States' competent national authorities. The latter shall in particular: 

1) 

2) 

3) 

4) 

5) 

6) 

(cid:208) 93/7/EEC (adapted) 

upon  application  by  the  requesting  Member  State,  seek  a  specified  cultural  object 
which  has  been  unlawfully  removed  from  its  territory,  identifying  the  possessor 
and/or holder. The application must include all information needed to facilitate this 
search, with particular reference to the actual or presumed location of the object; 

(cid:208) 93/7/EEC 
(cid:214) new 

notify  the  Member  States  concerned,  where  a  cultural  object  is  found  in  their  own 
territory  and  there  are  reasonable  grounds  for  believing  that  it  has  been  unlawfully 
removed from the territory of another Member State; 

enable  the  competent  authorities  of  the  requesting  Member  State  to  check  that  the 
object  in  question  is  a  cultural  object,  provided  that  the  check  is  made  within  2 
(cid:214) five   months  of  the  notification  provided  for  in  paragraph  2.  If  it  is  not  made 
within the stipulated period, paragraphs 4 and 5 shall cease to apply; 

take  any necessary measures,  in cooperation with the  Member State concerned, for 
the physical preservation of the cultural object; 

prevent, by the necessary interim measures, any action to evade the return procedure; 

(cid:208) 93/7/EEC (adapted) 

act as intermediary between the possessor and/or holder and the requesting Member 
State  with  regard  to  return.  To  this  end,  the  competent  authorities  of  the  requested 
Member States may, without prejudice to Article 5, first facilitate the implementation 
of  an  arbitration  procedure,  in  accordance  with  the  national  legislation  of  the 
requested  State  and  provided  that  the  requesting  State  and  the  possessor  or  holder 
give their formal approval. 

⌦ For  the  purposes  of  paragraph  1,  the  Member  State’s  application  must  include  all 
information needed to facilitate the search, with particular reference to the actual or presumed 
location of the object. ⌫ 

(cid:208) 93/7/EEC (adapted) 

EN 

18 

   EN 

 
 
 
 
 
⌦ For the purposes of paragraph 6, the competent authorities of the requested Member States 
may,  without  prejudice  to  Article  5,  first  facilitate  the  implementation  of  an  arbitration 
procedure, in accordance with the national legislation of the requested State and provided that 
the requesting State and the possessor or holder give their formal approval. ⌫ 

The central authorities of the Member States shall use the Internal Market Information System 
("IMI")  established  by  Regulation  (EU)  No  1024/2012  to  cooperate  and  consult  with  each 
other. The Member States shall decide on the use of the IMI for the purposes of this Directive 
by other competent authorities. 

(cid:216) new 

(cid:208) 93/7/EEC 

Article 5 

The  requesting  Member  State  may  initiate,  before  the  competent  court  in  the  requested 
Member State, proceedings against the possessor or, failing him, the holder, with the aim of 
securing the return of a cultural object which has been unlawfully removed from its territory. 

Proceedings may be brought only where the document initiating them is accompanied by: 

(a) 

(b) 

a document describing the object covered by the request and stating that it is a 
cultural object,; 

a declaration by the competent authorities of the requesting Member State that 
the cultural object has been unlawfully removed from its territory. 

Article 6 

The  central  authority  of  the  requesting  Member  State  shall  forthwith  inform  the  central 
authority of the requested Member State that proceedings have been initiated with the aim of 
securing the return of the object in question. 

The  central  authority  of  the  requested  Member  State  shall  forthwith  inform  the  central 
authorities of the other Member States. 

The exchange of information shall be conducted using the IMI.  

(cid:216) new 

EN 

19 

   EN 

 
 
 
(cid:208) 93/7/EEC (adapted) 
(cid:214) new 

Article 7 

1. 1. Member  States  shall  lay down in their legislation that the return proceedings provided 
for  in  this  Directive  may  not  be  brought  more  than  one  year  (cid:214) three  years   after  ⌦ the 
central  authority  of ⌫  the  requesting  Member  State  became  aware  of  the  location  of  the 
cultural object and of the identity of its possessor or holder. 

(cid:208) 93/7/EEC 

Such proceedings may, at all events, not be brought more than 30 years after the object was 
unlawfully removed from the territory of the requesting Member State. 

However, in the case of objects forming part of public collections, referred to in Article 1 (1) 
(8), and ecclesiastical goods in the Member States where they are subject to special protection 
arrangements  under  national  law,  return  proceedings  shall  be  subject  to  a  time-limit  of  75 
years,  except  in  Member  States  where  proceedings  are  not  subject  to  a  time-limit  or  in  the 
case  of  bilateral  agreements  between  Member  States  laying  down  a  period  exceeding  75 
years. 

2.  Return  proceedings  may  not  be  brought  if  removal  from  the  national  territory  of  the 
requesting Member State is no longer unlawful at the time when they are to be initiated. 

Save as otherwise provided in Articles 7 and 13, the competent court shall order the return of 
the cultural object in question where it is found to be a cultural object within the meaning of 
Article 1 (1) and to have been removed unlawfully from national territory. 

Article 8 

(cid:208) 93/7/EEC (adapted) 

Article 9 

Where return of the object is ordered, the competent court in the requested States shall award 
the possessor such ⌦ fair ⌫ compensation as it deems fair according to the circumstances 
of  the  case,  provided  that  it  is  satisfied  that  the  possessor  ⌦ demonstrates  that  he ⌫ 
exercised due care and attention in acquiring the object. 

In determining whether the possessor exercised due care and attention, consideration shall be 
given  to  all  the  circumstances  of  the  acquisition,  in  particular  the  documentation  on  the 
object’s provenance, the authorisations for removal required under the law of the requesting 
Member State, the nature of the parties, the price paid, whether the possessor consulted any 

(cid:216) new 

EN 

20 

   EN 

 
 
 
 
accessible  register  of  stolen  cultural  objects,  and  any  other  relevant  information  and 
documentation which he could reasonably have obtained and whether the possessor consulted 
accessible agencies or took any other step which a reasonable person would have taken in the 
circumstances.  

The possessor may not claim to have acted in good faith if he failed to exercise the level of 
due care and attention required by the circumstances. 

(cid:208) 93/7/EEC 

The burden of proof shall be governed by the legislation of the requested Member State. 

In  the  case  of  a  donation  or  succession,  the  possessor  shall  not  be  in  a  more  favourable 
position than the person from whom he acquired the object by that means. 

The requesting Member State shall pay such compensation upon return of the object. 

Expenses incurred in implementing a decision ordering the return of a cultural object shall be 
borne by the requesting Member State. The same applies to the costs of the measures referred 
to in Article 4 (4). 

Article 10 

Article 11 

Payment  of  the  fair  compensation  and  of  the  expenses  referred  to  in  Articles  9  and  10 
respectively shall be without prejudice to the requesting Member State's right to take action 
with  a  view  to  recovering  those  amounts  from  the  persons  responsible  for  the  unlawful 
removal of the cultural object from its territory. 

Ownership of the cultural object after return shall be governed by that law of the requesting 
Member State. 

Article 12 

This Directive shall apply only to cultural objects unlawfully removed from the territory of a 
Member State on or after 1 January 1993. 

Article 13 

(cid:208) 93/7/EEC (adapted) 
(cid:214) new 

Article 14 

1. Each Member State may extend its obligation to return cultural objects to cover categories 
of objects other than those listed ⌦ defined ⌫ in the Annex ⌦ Article 1(1) ⌫. 

EN 

21 

   EN 

 
 
(cid:208) 93/7/EEC 
(cid:214) new 

2. Each Member State may apply the arrangements provided for by this Directive to requests 
for  the  return  of  cultural  objects  unlawfully  removed  from  the  territory  of  other  Member 
States prior to 1 January 1993. 

This  Directive  shall  be  without  prejudice  to  any  civil  or  criminal  proceedings  that  may  be 
brought,  under  the  national  laws  of  the  Member  States,  by  the  requesting  Member  State 
and/or the owner of a cultural object that has been stolen. 

Article 15 

1.  Member  States  shall  send  the  Commission  every  three  (cid:214) five   years,  and  for  the  first 
time in February 1996 (cid:214) […] , a report on the application of this Directive. 

Article 16 

(cid:208) 93/7/EEC (adapted) 
(cid:214) new 

the 
2.  The  Commission  shall  send 
⌦ European ⌫ Economic  and  Social  Committee,  every  three  (cid:214) five   years,  a  report 
reviewing  the  application  of  this  Directive.  (cid:214) The  report  shall  be  accompanied  by  any 
appropriate proposals.  

the  European  Parliament, 

the  Council  and 

(cid:208) 93/7/EEC 

3. The Council shall review the effectiveness of this Directive after a period of application of 
three years and, acting on a proposal from the Commission, make any necessary adaptations. 

4. In any event, the Council acting on a proposal from the Commission, shall examine every 
three years and, where appropriate, update the amounts indicated in the Annex, on the basis of 
economic and monetary indicators in the Community. 

Article 17 

The Commission shall be assisted by the Committee set up by Article 8 of Regulation (EEC) 
No 3911/92. 

The Committee shall examine any question arising from the application of the Annex to this 
Directive which may be tabled by the chairman either on his own initiative or at the request of 
the representative of a Member State. 

EN 

22 

   EN 

 
 
 
(cid:216) new 

Article 17 

The following point 6 shall be added to the Annex to Regulation (EU) No 1024/2012: 

"6. European Parliament and Council Directive xxxx/xx/EU on the return of cultural objects 
unlawfully removed from the territory of a Member State (*): Articles 4 and 6. 

(*) OJ L […]." 

(cid:208) 93/7/EEC (adapted) 

Article 18 

1.  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions 
necessary to comply with this Directive within nine months of its adoption, except as far as 
the  Kingdom  of  Belgium,  the  Federal  Republic  of  Germany  and  the  Kingdom  of  the 
Netherlands are concerned, which must conform to this Directive at the latest twelve months 
from the date of its adoption ⌦ the [following] articles: [Article 1(1), the first subparagraph 
of  Article  4,  Article  4(3),  the  fourth  subparagraph  of  Article  4,  the  third  subparagraph  of 
Article 6, Article 7, Article 9 and Article 16] of this Directive ⌫ at the latest twelve months 
from the date of its adoption. 

They  shall  forthwith  inform  ⌦ communicate  the  text  of  these  provisions  to ⌫  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. ⌦ They  shall  also  include  a  statement  that  references  in  existing  laws, 
regulations and administrative provisions to the directive(s) repealed by this Directive shall be 
construed as references to this Directive. ⌫ The methods of making such a reference shall be 
laid down by the Member States ⌦ Member States shall determine how such reference is to 
be made and how that statement is to be formulated ⌫ . 

(cid:208) 

2.  Member  States  shall  communicate  to  the  Commission  the  text  of  the  main  provisions  of 
national law which they adopt in the field covered by this Directive. 

Article 19 

Directive 93/7/EEC, as amended by the Directives listed in Annex I, Part A, is repealed with 
effect  from  […],  without  prejudice  to  the  obligations  of  the  Member  States  relating  to  the 
time-limits for transposition into national law of the Directives set out in Annex I, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex II. 

EN 

23 

   EN 

 
 
 
Article 20 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Articles […] shall apply from […]. 

(cid:208) 93/7/EEC 

This Directive is addressed to the Member States. 

Done at Brussels,  

Article 21 

For the European Parliament 
The President 

For the Council 
The President 

EN 

24 

   EN 

 
(cid:208) 93/7/EEC 

ANNEX 

Categories referred to in the second indent of Article 1 (1) to which objects classified as 
‘national treasures’ within the meaning of Article 36 of the Treaty must belong in order 
to qualify for return under this Directive 

A. 

1.  Archaeological objects more than 100 years old which are the products of: 

– 

– 

– 

land or underwater excavations and finds, 

archaeological sites, 

archaeological collections. 

2. 

Elements forming an integral part of artistic, historical or religious monuments 
which have been dismembered, more than 100 years old. 

3. 

Pictures and paintings, other than those included in Category 3A or 4, executed 
entirely by hand on any material and in any medium27. 

(cid:208) 96/100/EC Article 1(1)(a) 

3 A.  Water-colours,  gouaches  and  pastels  executed  entirely  by  hand  on  any 

material1. 

(cid:208) 96/100/EC Article 1(1)(b) 

4.  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 material1. 

(cid:208) 96/100/EC Article 1(1)(c) 

5.  Original  engravings,  prints,  serigraphs  and  lithographs  with  their  respective 

plates and original posters1. 

(cid:208) 93/7/EEC 

6.  Original sculptures or statuary and copies produced by the same process as the 

original1 other than those in category 1. 
Photographs, films and negatives thereof1. 

7. 

8. 

Incunabula  and  manuscripts,  including  maps  and  musical  scores,  singly  or  in 
collections1. 

27 

Which are more than fifty years old and do not belong to their originators. 

EN 

25 

   EN 

 
 
 
 
 
                                                 
9. 

Books more than 100 years old, singly or in collections. 

10.  Printed maps more than 200 years old. 

11.  Archives  and  any  elements  thereof,  of  any  kind,  on  any  medium,  comprising 

elements more than 50 years old. 
(a)  Collections28 and specimens from zoological, botanical, mineralogical or 

12. 

anatomical collections; 

(b)  Collections2  of  historical,  palaeontological,  ethnographic  or  numismatic 

interest. 

13.  Means of transport more than 75 years old. 

14.  Any other antique item not included in categories A 1 to A 13, more than 50 

years old. 

The cultural objects in categories A 1 to A 14 are covered by this Directive only if 
their value corresponds to, or exceeds, the financial thresholds under B. 

B. 

Financial thresholds applicable to certain categories under A (in ecus) 

(cid:208) 2001/38/EC Article 1(1) 

(cid:208) 93/7/EEC 

VALUE: 

Whatever the value 

– 

– 

– 

– 

1 (Archaeological objects) 

2 (Dismembered monuments) 

8 (Incunabula and manuscripts) 

11 (Archives) 

15 000 

– 

– 

– 

– 

4 (Mosaics and drawings) 

5 (Engravings) 

7 (Photographs) 

10 (Printed maps) 

30 000 

(cid:208) 96/100/EC Article 1(2) 

28 

As defined by the Court of Justice in its Judgment in Case 252/84, as follows: ‘Collectors' pieces within 
the  meaning  of  Heading  No  99.05  of  the  Common  Customs  Tariff  are  articles  which  possess  the 
requisite characteristics for inclusion in a collection, that is to say, articles which are relatively rare, are 
not normally used for their original purpose, are the subject of special transactions outside the normal 
trade in similar utility articles and are of high value.’ 

EN 

26 

   EN 

 
 
 
 
                                                 
– 

3A. (Water colours, gouaches and pastels) 

(cid:208) 93/7/EEC 

50 000 

– 

– 

– 

– 

– 

6 (Statuary) 

9 (Books) 

12 (Collections) 

13 (Means of transport) 

14 (Any other item) 

150 000 

– 

3 (Pictures) 

The  assessment  of  whether  or  not  the  conditions  relating  to  financial  value  are 
fulfilled  must  be  made  when  return  is  requested.  The  financial  value  is  that  of  the 
object in the requested Member State. 

EN 

27 

   EN 

 
 
(cid:208) 2001/38/EC Article 1(2) 

For the Member States which do not have the euro as their currency, the values expressed in 
euro  in  the  Annex  shall  be  converted  and  expressed  in  national  currencies  at  the  rate  of 
exchange  on  31  December  2001  published  in  the  Official  Journal  of  the  European 
Communities.  This  countervalue  in  national  currencies  shall  be  reviewed  every  two  years 
with  effect  from  31  December  2001.  Calculation  of  this  countervalue  shall  be  based  on  the 
average  daily  value  of  those  currencies,  expressed  in  euro,  during  the  24  months  ending  on 
the  last  day  of  August  preceding  the  revision  which  takes  effect  on  31  December.  The 
Advisory Committee on Cultural Goods shall review this method of calculation, on a proposal 
from the Commission, in principle two years after the first application. For each revision, the 
values  expressed  in  euro  and  their  countervalues  in  national  currency  shall  be  published 
periodically  in  the  Official  Journal  of  the  European  Communities  in  the  first  days  of  the 
month of November preceding the date on which the revision takes effect. 

_____________ 

EN 

28 

   EN 

 
(cid:207) 

ANNEX I 

Part A 

Repealed Directive with list of its successive amendments 
(referred to in Article 19) 

Council Directive 93/7/EEC 

(OJ L 74, 27.03.1993, p. 74) 

Directive 96/100/EC of the European Parliament 
and of the Council 

(OJ L 60, 1.3.1997, p. 59) 

Directive 2001/38/EC of the European Parliament 
and of the Council 

(OJ L 187, 10.7.2001, p. 43) 

Part B 

List of time-limits for transposition into national law 
(referred to in Article 19) 

Directive 

Time-limit for transposition 

93/7/EEC 

96/100/EC 

2001/38/EC 

15.12.199329 

1.9.1997 

31.12.2001 

_____________ 

29 

The time-limit for transposition for Belgium, Germany and the Netherlands was 15 March 1994. 

EN 

29 

   EN 

 
                                                 
ANNEX II 

CORRELATION TABLE 

Directive 93/7/EEC 

This Directive 

Article 1(1), first indent  

Article 1(1)  

Article  1(1),  second 
phrase 

indent, 

introductory 

_______ 

Article  1(1),  second  indent,  first  sub-indent, 
first subparagraph 

_______ 

Article  1(1),  second  indent,  first  sub-indent, 
second subparagraph 

Article 1(8) 

Article 1(1), second indent, second sub-indent  _______ 

Article 1(2), first indent 

Article 1(2), second indent 

Article 1(3) to (7) 

Articles 2 and 3 

Article 1(2)(a) 

Article 1(2)(b) 

Article 1(3) to (7) 

Articles 2 and 3 

Article 4, first subparagraph 

Article 4, first subparagraph 

Article 4(1), second sentence 

Article 4, second subparagraph 

Article 4(6), second sentence 

Article 4, third subparagraph 

_______ 

Article 4, fourth subparagraph 

Article 5, first subparagraph 

Article 5, first subparagraph 

Article 5, second subparagraph, first indent 

Article 5, second subparagraph, point (a) 

Article 5, second subparagraph, second indent  Article 5, second subparagraph, point (b) 

Article 6, first subparagraph 

Article 6, first subparagraph 

Article 6, second subparagraph 

Article 6, second subparagraph 

_______ 

Articles 7 and 8 

Article 6, third subparagraph 

Articles 7 and 8 

Article 9, first subparagraph 

Article 9, first subparagraph 

Article 9, second subparagraph 

_______ 

_______ 

Article 9, second subparagraph 

EN 

30 

   EN 

_______ 

Article 9, third subparagraph 

Article 9, third and fourth subparagraphs 

Article 9, fourth and fifth subparagraphs 

Articles 10 to 15 

Articles 10 to 15 

Article 16, paragraphs 1 and 2 

Article 16, paragraphs 1 and 2 

Article 16, paragraph 3 

Article 16, paragraph 4 

Article 17 

_______ 

Article 18 

_______ 

_______ 

_______ 

_______ 

Article 19 

Annex 

______ 

______ 

_______ 

_______ 

_______ 

Article 17 

Article 18, paragraph 1 

Article 18, paragraph 2 

Article 19 

Article 20, first subparagraph 

Article 20, second subparagraph 

Article 21 

_______ 

Annex I 

Annex II 

(cid:207) 

EN 

31 

   EN 

 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1.  Title of the proposal/initiative  

1.2.  Policy area(s) concerned in the ABM/ABB structure 

1.3.  Nature of the proposal/initiative  

1.4.  Objective(s)  

1.5.  Grounds for the proposal/initiative  

1.6.  Duration and financial impact  

1.7.  Management method(s) envisaged  

2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

2.2.  Management and control system  

2.3.  Measures to prevent fraud and irregularities  

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

3.1.  Heading(s)  of  the  multiannual  financial  framework  and  expenditure 
budget line(s) affected  

3.2.  Estimated impact on expenditure  

3.2.1. Summary of estimated impact on expenditure  

3.2.2. Estimated impact on operational appropriations  

3.2.3. Estimated impact on appropriations of an administrative nature 

3.2.4. Compatibility with the current multiannual financial framework 

3.2.5. Third-party contributions  

3.3.  Estimated impact on revenue 

EN 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
LEGISLATIVE FINANCIAL STATEMENT 

1. FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. Title of the proposal/initiative  

Proposal for a Directive of the European Parliament and of the Council on the return 
of cultural objects unlawfully removed from the territory of a Member State (Recast) 

1.2. Policy area(s) concerned in the ABM/ABB structure30  

Title 2 – Enterprise - Chapter 02 03: Internal market for goods and sectoral policies 

1.3. Nature of the proposal/initiative  

The proposal/initiative relates to an action redirected towards a new action  

1.4. Objective(s) 

1.4.1. The Commission's multiannual strategic objective(s) targeted by the proposal/initiative  

Contribute  towards  the  protection  of  cultural  objects  in  the  context  of  the  internal 
market. 

1.4.2. Specific objective(s) and ABM/ABB activity(ies) concerned  

Specific objective: to enable Member  States to secure the return of cultural objects 
which  are  classified  as  national  treasures  and  have  been  unlawfully  removed  from 
their territory since 1993. 

1.4.3. Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

The  aim  of  this  proposal  is  to  increase  the  number  of  returns  of  cultural  objects 
classified as national treasures and reduce their costs. It will have an impact on the 
prevention  and  combating  of  crime  against  cultural  objects  within  the  European 
Union. 

1.4.4. Indicators of results and impact  

Specify the indicators for monitoring implementation of the proposal/initiative. 

- Increasing the number of return proceedings;  

- increasing the number of returns of cultural objects classified as national treasures; 

- following up requests to search for a cultural object within the meaning of Article 
4(1) of the Directive; 

- following up notifications that a cultural object within the meaning of Article 4(2) 
of the Directive has been found; 

- comparability of statistics on the application of the Directive; 

- survey of satisfaction among central authorities with the use of the IMI system. 

30 

ABM: Activity-Based Management – ABB: Activity-Based Budgeting. 

EN 

33 

   EN 

                                                 
1.5. Grounds for the proposal/initiative  

1.5.1. Requirement(s) to be met in the short or long term  

The  general  objective  of  this  initiative  is  to  contribute  towards  the  protection  of 
cultural objects in the context of the internal market by making it easier to secure the 
return  of  cultural  objects  which  are  classified  as  national  treasures  and  have  been 
unlawfully removed from the territory of a Member State since 1993. 

1.5.2. Added value of EU involvement 

The cross-border aspect of the unlawful removal of cultural objects makes the Union 
better suited to take action in this area. 

1.5.3. Lessons learned from similar experiences in the past 

The  assessments  of  Directive 93/7/EEC  show  that  the  arrangements  in  place  are  of 
limited  effectiveness  in  securing  the  return  of  certain  cultural  objects  which  are 
classified as national treasures. 

In  the  light  of  studies  and  reports  by  experts  on  preventing  and  combating  crime 
against cultural objects, the Commission has also concluded that the Directive needs 
to be revised. 

1.5.4. Compatibility and possible synergy with other relevant instruments 

This  initiative  is  fully  compatible  with  the  other  measures  and  policies  on  cultural 
objects. 

1.6. Duration and financial impact  

Proposal/initiative of unlimited duration 

1.7. Management method(s) envisaged31  

Centralised direct management by the Commission  

31 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the 
BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html 

EN 

34 

   EN 

                                                 
2. MANAGEMENT MEASURES  

2.1. Monitoring and reporting rules  

Specify frequency and conditions. 

Article 16 lays down the evaluation and monitoring arrangements allowing the other 
institutions  of  the  Union  to  gain  an  insight  into  the  actual  implementation  of  the 
Directive.  The  reports  reviewing  the  application  of  the  Directive  will  be  drawn  up 
every five years. 

2.2. Management and control system  

2.2.1. Risk(s) identified  

No financial risks could be identified. 

2.2.2. Control method(s) envisaged 

The  control  methods  envisaged  are  laid  down  in  the  Financial  Regulation  and 
Regulation (EU) No 1268/2012. 

2.3. Measures to prevent fraud and irregularities 

Specify existing or envisaged prevention and protection measures. 

The Commission must ensure that the financial interests of the Union are protected 
by the application of preventive measures against fraud, corruption and other illegal 
activities,  by  effective  checks  and  by  the  recovery  of  amounts  unduly  paid  and,  if 
irregularities  are  detected,  by  effective,  proportionate  and  dissuasive  penalties,  in 
accordance with Regulations (EC, Euratom) No 2988/95, (Euratom, EC) No 2185/96 
and (EC) No 1073/1999. 

EN 

35 

   EN 

3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s) 

affected  

• 

Existing expenditure budget lines  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Heading of 
multiannual 
financial 
framework 

[…] 

[XX.YY.YY.YY] 

[…] 

Type of  
expenditure

Diff./ Non-
diff. 
(32) 

Diff./ 
Non-
diff. 

Participation  

from 
EFTA 
countries
33 

from 
applicant 
34 
countries

from third 
countries 

within the 
meaning of Article 
21(2)(b) of the 
Financial 
Regulation  

New budget lines requested  

In order of multiannual financial framework headings and budget lines. 

Heading of 
multiannual 
financial 
framework 

Budget line 

Type of 
expenditure

Participation  

Number  
[Description…………………………………] 

Diff./ Non-
diff. 

from 
EFTA 
countries 

from 
applicant 
countries 

from third 
countries 

within the 
meaning of Article 
21(2)(b) of the 
Financial 
Regulation  

[XX.YY.YY.YY] 

YES/N
O 

YES/N
O 

YES/N
O 

YES/NO 

32 
33 
34 

Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidate countries from the Western Balkans 

EN 

36 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2. Estimated impact on expenditure  

3.2.1. Summary of estimated impact on expenditure  

Heading of multiannual financial framework: 

DG: ENTR 

(cid:121) Operational appropriations 

TOTAL appropriations 
for DG ENTR 

Commitments 

Payments 

=1+1a +3 

=2+2a 

+3 

EUR million (to 3 decimal places) 

2015 

2016 

2017 

2018 

2019 

TOTAL 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

Heading of multiannual financial framework: 

5 

‘Administrative expenditure’ 

DG ENTR 

(cid:121) Human resources 
(cid:121) Other administrative expenditure 

TOTAL DG ENTR 

Appropriations 

TOTAL appropriations 
for HEADING 5 
of the multiannual financial framework 

(Total 
= Total payments) 

commitments 

2015 

2016 

2017 

2018 

2019 

TOTAL 

0.2 

0.05 

0.25 

0.2 

0.05 

0.25 

0.2 

0.05 

0.25 

0.2 

0.05 

0.25 

0.2 

0.05 

0.25 

1.0 

0.25 

1.25 

0.25 

0.25 

0.25 

0.25 

0.25 

1.25 

TOTAL appropriations  
for HEADINGS 1 to 5 
of the multiannual financial framework 

Commitments 

Payments 

0.25 

0.25 

0.25 

0.25 

0.25 

0.25 

0.25 

0.25 

0.25 

0.25 

1.25 

1.25 

EN 

37 

EN 

 
  
 
 
 
 
 
 
 
 
3.2.2. Estimated impact on operational appropriations  

The proposal/initiative does not require the use of operational appropriations  

3.2.3. Estimated impact on appropriations of an administrative nature 

3.2.3.1. Summary  

The proposal requires the use of administrative appropriations, as explained below: 

EUR million (to 3 decimal places) 

2015 

2016 

2017 

2018 

2019 

TOTAL 

HEADING 5 
of the multiannual financial 
framework 

Human resources  

0.2 

0.2 

0.2 

0.2 

0.2 

1.0 

Other administrative expenditure  

0.05 

0.05 

0.05 

0.05 

0.05 

0.25 

Subtotal HEADING 5 
of the multiannual financial 
framework  

Outside HEADING 535 
of the multiannual financial 
framework  

Human resources  

Other 
of an administrative nature 

expenditure  

Subtotal  
outside HEADING 5 
of the multiannual financial 
framework  

0.25 

0.25 

0.25 

0.25 

0.25 

1.25 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

TOTAL 

0.25 

0.25 

0.25 

0.25 

0.25 

1.25

35 

Technical  and/or  administrative  assistance  and  expenditure  in  support  of  the  implementation  of  EU 
programmes and/or actions (former "BA" lines), indirect research, direct research. 

EN 

38 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.3.2. Estimated human resource requirements  

The proposal requires the use of human resources, as explained below: 

Estimate to be expressed in full amounts (or at most to one decimal place) 

2015 

2016 

2017 

2018 

2019 

(cid:121) Establishment plan posts (officials and temporary agents) 

02 01 01 01 (Headquarters and 
Commission’s Representation Offices) 

0.2 

0.2 

0.2 

0.2 

0.2 

FTE = 1.5 

FTE = 1.5 

FTE = 1.5 

FTE = 1.5 

FTE = 1.5 

XX 01 01 02 (Delegations) 
XX 01 05 01 (Indirect research) 
10 01 05 01 (Direct research) 

0 

0 

0 

(cid:121) External personnel (in Full Time Equivalent unit: FTE)36 

XX 01 02 01 (CA, INT, SNE from the 
‘global envelope’) 

XX 01 02 02 (CA, INT, JED, LA and SNE 
in the delegations) 

XX 01 04 yy 37 

- at 
Headquarters38 

- in delegations  

XX 01 05 02 (CA, INT, SNE - Indirect 
research) 

10 01 05 02 (CA, INT, SNE - Direct 
research) 
Other budget lines (specify) 

TOTAL 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0.2 

0.2 

0.2 

0.2 

0.2 

FTE=1.5 

FTE=1.5 

FTE=1.5 

FTE=1.5 

FTE=1.5 

The human resources required will be met by staff from the DG who are already assigned to 
management of the action and/or have been redeployed within the DG, together if necessary 
with any additional allocation which may be granted to the managing DG under the annual 
allocation procedure and in the light of budgetary constraints. 

Description of tasks to be carried out: 

36 

37 
38 

CA=  Contract  Agent;  LA=  Local  Agent;  SNE=  Seconded  National  Expert;  INT=  agency  staff 
("Intérimaire"); JED= "Jeune Expert en Délégation" (Young Experts in Delegations).  
Under the ceiling for external personnel from operational appropriations (former "BA" lines). 
Essentially  for  Structural  Funds,  European  Agricultural  Fund  for  Rural  Development  (EAFRD)  and 
European Fisheries Fund (EFF). 

EN 

39 

   EN 

 
 
 
 
 
 
 
 
 
 
 
                                                 
Officials and temporary agents 

Manage the transposition and implementation of the Directive.  

3.2.4. Compatibility with the current multiannual financial framework  

The proposal is compatible with the current multiannual financial framework. 

3.2.5. Third-party contributions  

The proposal does not provide for co-financing by third parties.  

3.3. Estimated impact on revenue  

The proposal has no financial impact on revenue. 

EN 

40 

   EN