Amendments adopted by the European Parliament on 25 October 2018 on the proposal for a regulation of the European Parliament and of the Council on the import of cultural goods (COM(2017)0375 — C8-0227/2017 — 2017/0158(COD))
Date: 2018-10-25
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Culture and Education, Committee on International Trade, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: EU customs procedure, art trade, cultural object, fight against crime, illicit trade, import (EU), import licence, surveillance concerning imports, terrorism, third country




C_2020345EN.01029001.xml










16.10.2020   


EN


Official Journal of the European Union


C 345/290






P8_TA(2018)0418
Import of cultural goods ***I
Amendments adopted by the European Parliament on 25 October 2018 on the proposal for a regulation of the European Parliament and of the Council on the import of cultural goods (COM(2017)0375 — C8-0227/2017 — 2017/0158(COD)) (1)

(Ordinary legislative procedure: first reading)
(2020/C 345/45)

Amendment 1


Proposal for a regulation


Recital 1








Text proposed by the Commission




Amendment











(1)


In the light of the Council Conclusions of 12 February 2016 on the fight against the financing of terrorism, the Communication from the Commission to the European Parliament and the Council on an Action Plan for strengthening the fight against terrorist financing (24) and the Directive on combating terrorism (25), common rules on trade with third countries should be enacted so as to ensure the effective protection against the loss of cultural goods, the preservation of humanity's cultural heritage and the prevention of terrorist financing through the selling of looted cultural heritage to buyers in the Union.












(1)


In the light of the Council Conclusions of 12 February 2016 on the fight against the financing of terrorism, the Communication from the Commission to the European Parliament and the Council on an Action Plan for strengthening the fight against terrorist financing (24) and the Directive on combating terrorism (25) , common rules on trade with third countries should be enacted so as to ensure the effective protection against 
trafficking,
 the loss 
or destruction
 of cultural goods, the preservation of humanity's cultural heritage and the prevention of terrorist financing 
and money laundering
 through the selling of looted cultural heritage to buyers in the Union.









Amendment 2


Proposal for a regulation


Recital 1 a (new)








Text proposed by the Commission




Amendment





 










(1 a)






With regard to the Union's commitment to fair processes and victim compensation, as well as the constitution and conventions on heritage protection of the United Nations Educational, Scientific and Cultural Organization (UNESCO), the restitution of objects traded, excavated or obtained illegally must be ensured. With respect to the exploitation of peoples and territories that usually leads to the illicit trade and trafficking in cultural goods, in particular when such illicit trade and trafficking originates from a context of armed conflict, this Regulation should take into account regional and local characteristics of people and territories, rather than the market value of cultural production.











Amendment 3


Proposal for a regulation


Recital 2








Text proposed by the Commission




Amendment











(2)


Cultural heritage constitutes one of the basic elements of civilisation, it enriches the cultural life of all peoples and it should therefore be protected from unlawful appropriation and pillage. The Union should accordingly prohibit the 
entry in
 the customs territory of the Union of cultural goods unlawfully exported from third countries.












(2)




Cultural goods are often of major cultural, artistic, historical and scientific importance.
 Cultural heritage constitutes one of the basic elements of civilisation 
with, inter alia, symbolic value and cultural memory of humankind.
 It enriches the cultural life of all peoples and 
it unites people in shared memory knowledge and development of civilization. It
 should therefore be protected from unlawful appropriation and pillage. 
Looting of archaeological sites has always happened, but has now reached an industrial scale. As long as it is possible to engage in lucrative trade in illegally excavated cultural goods and to profit therefrom without any notable risks, such excavations and looting will continue into the future. The economic and artistic value of cultural heritage creates a strong demand on the international market, whereas the lack of strong international legal measures or ineffective enforcement of such measures leads to the transfer of such goods to the shadow economy. Looting of archaeological sites and trading in illegally excavated cultural heritage is a serious crime that causes significant suffering to those directly or indirectly affected. The illicit trade in cultural goods in many cases contributes to forceful cultural homogenisation or expulsion, while the looting and pillage of cultural goods leads, inter alia, to the disintegration of cultures
. The Union should accordingly prohibit the 
import into
 the customs territory of the Union of cultural goods unlawfully exported from third countries
, with particular emphasis on cultural goods from third countries affected by armed conflicts, in particular where such goods have been exported by terrorist or other criminal organisations
.









Amendment 4


Proposal for a regulation


Recital 2 a (new)








Text proposed by the Commission




Amendment





 










(2 a)






The competent authorities of third countries do not always have sufficient capabilities to fight the trafficking of cultural goods and their illicit trade. Those authorities might also be subject to corruption or other forms of maladministration. When cultural goods are removed from their context, the population is deprived of its customs and objects or places of remembrance and worship. The historical context and scientific value of objects are lost if associated items are sold separately. In view of the irreplaceability of cultural goods and the public interest, it should only be possible to possess such items on a conditional basis. The import procedure must include an assurance of subsequent appropriate storage, documentation, accessibility granted to academic institutions and public museums, and cooperation in the case of justified restitution claims.











Amendment 5


Proposal for a regulation


Recital 3








Text proposed by the Commission




Amendment











(3)


In view of different rules applying in the Member States regarding the 
entry
 of cultural goods into the customs territory of the Union, measures should be taken in particular to ensure that imports of cultural goods are subject to uniform controls upon their entry.












(3)


In view of different rules applying in the Member States regarding the 
import
 of cultural goods into the customs territory of the Union, measures should be taken in particular to ensure that 
certain
 imports of cultural goods are subject to uniform controls upon their entry 
into the customs territory of the Union, on the basis of existing processes, procedures and administrative tools aiming to achieve a uniform implementation of Regulation (EU) No 952/2013 of the European Parliament and of the Council

 (1a).









Amendment 6


Proposal for a regulation


Recital 4








Text proposed by the Commission




Amendment











(4)


The common rules should cover the 
customs treatment
 of non-Union cultural goods 
entering
 the customs territory of the Union
, i.e
. 
both their release for free circulation as well as their placement under a special customs procedure other than transit.














(4)


The common rules should cover the 
introduction and import
 of non-Union cultural goods 
into
 the customs territory of the Union.









Amendment 7


Proposal for a regulation


Recital 5








Text proposed by the Commission




Amendment











(5)




Given the known potential of
 free zones (and so-called ‘free ports’) 
for the purpose of storing cultural goods, the control measures to be put in place
 should have as broad a scope as possible in terms of customs procedures concerned. Those control measures should therefore not only concern goods released for free circulation but also goods placed under a special customs procedure. However, such a broad scope should not go 
against the principle of freedom of transit of goods nor go
 beyond the objective of preventing illicitly exported cultural goods from entering the customs territory of the Union
. Accordingly, while encompassing special customs procedures under which
 goods 
entering the customs territory of the Union may be placed, control measures should exclude transit
.












(5)




Control measures to be put in place regarding
 free zones (and so-called ‘free ports’) should have as broad a scope as possible in terms of customs procedures concerned 
in order to prevent circumvention of this Regulation by the exploitation of free zones, which represent potential background areas for the continued proliferation of trade in illegal products in the Union
. Those control measures should therefore not only concern goods released for free circulation but also goods placed under a special customs procedure. However, such a broad scope should not go beyond the objective of preventing illicitly exported cultural goods from entering the customs territory of the Union
, except when competent authorities have reasonable grounds to believe that cultural
 goods 
have been exported from the source or the third country in violation of its laws and regulations
.









Amendment 8


Proposal for a regulation


Recital 6








Text proposed by the Commission




Amendment











(6)


The definitions based on those used in the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property signed in Paris on 14 November 1970 and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects signed in Rome on 24 June 1995, to which a significant number of Member States are a party, should be used in the Regulation, considering the familiarity of many third countries and most Member States with their provisions.












(6)


The definitions based on those used in the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property signed in Paris on 14 November 1970
(the ‘1970 UNESCO Convention’)
 and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects signed in Rome on 24 June 1995, to which a significant number of Member States are a party, should be used in the Regulation, considering the familiarity of many third countries and most Member States with their provisions.









Amendment 9


Proposal for a regulation


Recital 7








Text proposed by the Commission




Amendment











(7)


The legality of export should be examined based on the laws and regulations of the country where the cultural goods were discovered or created (‘source country’). In order to avoid circumvention, when the cultural goods enter the Union from a different third country, the person who seeks to introduce them into the customs territory of the Union should demonstrate that they were exported 
from there legally, when the third country in question is a signatory State of the 1970 UNESCO Convention and thus a country committed to fighting against illicit trafficking of cultural property. In other cases, the person should prove lawful export
 from the source country.












(7)


The legality of export should be examined based on the laws and regulations of the country where the cultural goods were discovered or created 
or removed, excavated or stolen from land or underwater of such country, or the country which has such a close connection with the cultural goods that that country protects them as national cultural property and regulates their export from its territory upon their lawful removal from the country in which the cultural goods were created or discovered
 (source country). In order to avoid circumvention, when the cultural goods enter the Union from a different third country, the person who seeks to introduce them into the customs territory of the Union should demonstrate that they were 
legally
 exported from the source country. 
In exceptional cases where either the source country of the cultural good cannot be reliably determined and that circumstance is considered to be well documented and supported by evidence by the competent authority or the cultural goods have been exported from the source country prior to 1970 and were held in a third country for purposes other than temporary use, transit, export or dispatch before being brought into the customs territory of the Union, but the holder cannot provide the documents required since such documents were not in use at the time the cultural goods were exported from the source country, the application shall be accompanied by the appropriate supporting documents and information substantiating that the cultural goods in question have been exported from the third country in accordance with its laws and regulations or providing evidence of the absence of such laws and regulations.











Amendments 10 and 11


Proposal for a regulation


Recital 7 a (new)








Text proposed by the Commission




Amendment





 










(7a)






Article 5 of the 1970 UNESCO Convention calls for the establishment of one or more national services for the protection of the cultural heritage of Member States which are Parties to that Convention against illegal import, export and transfer. In accordance with that Convention, such national services should be equipped with a sufficient number of qualified personnel to ensure that protection and to allow for the necessary active collaboration between the competent authorities of Member States which are Parties to that Convention in the area of security and in the fight against the illegal import of cultural goods, especially in areas of crisis. Member States which are already Parties to that Convention should comply with the commitments provided for therein and those Member States that have not yet done so, are urgently required to ratify it.











Amendment 12


Proposal for a regulation


Recital 8








Text proposed by the Commission




Amendment











(8)


In order not to impede trade 
with
 goods across the external 
border
 disproportionately, this Regulation should only apply to goods meeting a certain age limit. For that purpose, it seems appropriate to set a 
250 year
 minimum age threshold for 
all
 categories of cultural goods
. That
 minimum age threshold will ensure that the measures provided for in this Regulation focus on cultural goods most likely to be targeted by looters in conflict areas, without excluding other goods the control of which is necessary for ensuring protection of cultural heritage.












(8)


In order not to impede trade 
in
 goods across the 
Union's
 external 
borders
 disproportionately, this Regulation should only apply to goods meeting a certain age 
and value
 limit. For that purpose, it seems appropriate to set a minimum age threshold for 
most of the
 categories of cultural goods
, in line with Regulation (EC) No 116/2009, the provisions of the 1970 UNESCO Convention and of the 1995 UNIDROIT Convention, and a financial threshold for certain categories of cultural goods as stated in Annex I. Certain categories of cultural goods should not be subject to a financial threshold since they require a reinforced protection due to their higher risk of theft, loss or destruction. The
 minimum age threshold will ensure that the measures provided for in this Regulation focus on cultural goods most likely to be targeted by looters in conflict areas, without excluding other goods the control of which is necessary for ensuring protection of cultural heritage.









Amendment 13


Proposal for a regulation


Recital 10








Text proposed by the Commission




Amendment











(10)


Since certain categories of cultural goods, namely archaeological objects, elements of monuments
, rare manuscripts and incunabula
 are particularly vulnerable to pillage and destruction, it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the Union. Such a system should require the presentation of a licence issued by the competent authority of the Member State of 
entry
 prior to the 
release for free circulation of those goods or their placement under a special
 customs 
procedure other than transit
. Persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence
, in particular,
 export certificates or licences issued by the 
third
 country 
of export
, ownership titles, invoices, sales contracts, insurance documents, transport documents 
and experts appraisals
. Based on complete and accurate applications, the competent authorities of the Member States should decide whether to issue a licence without undue delay.












(10)


Since certain categories of cultural goods, namely archaeological objects, 
and
 elements of monuments are particularly vulnerable to pillage and destruction, it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the Union. Such a system should require the presentation of a licence issued by the competent authority of the 
first
 Member State of 
intended import
 prior to the 
import into the
 customs 
territory of the Union
. Persons seeking to obtain such a licence should be able to prove 
that the cultural goods have been exported from the source country or, in exceptional cases, from the third country, in accordance with the laws and regulations of that source or third country or to prove the absence of such laws and regulations. With due account of risk and application of due diligence principles, the
 licit export from the source country 
or, in exceptional cases, from the third country should be proved
 with the appropriate supportive documents and evidence (export certificates or 
export
 licences issued by the 
source
 country
, a standardised document following the Object ID standard, which represents the international standard for describing cultural objects
, ownership titles, invoices, sales contracts, insurance documents, transport documents
), substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations. Where supporting documents are not available, the application should include an expert appraisal if deemed necessary by the competent authority
. Based on complete and accurate applications, the competent authorities of the Member States should decide whether to issue a licence without undue delay
, and within the timescales specified
.









Amendment 14


Proposal for a regulation


Recital 10 a (new)








Text proposed by the Commission




Amendment





 










(10 a)






Taking into account the particular nature of the goods, the role of the cultural experts within the customs authorities is extremely relevant since they should be able, where necessary, to require additional information from the declarant and to analyse the cultural goods by means of a physical examination.











Amendment 15


Proposal for a regulation


Recital 11








Text proposed by the Commission




Amendment











(11)


For other categories of cultural goods, the persons seeking to introduce them into the customs territory of the Union should, by means of 
a
 statement, certify and assume responsibility for their lawful export from the third country and should provide sufficient information for those goods to be identified by customs. In order to facilitate the procedure and for reasons of legal certainty, the information about the cultural good should be provided using 
a
 standardised document. The Object ID standard, recommended by UNESCO, should be used to describe the cultural goods. 
Customs
 should 
register the entry of
 those cultural goods
, keep the originals and give
 a copy of the relevant documents 
to the declarant
, in order to ensure traceability after the goods enter the internal market.












(11)


For other categories of cultural goods, the persons seeking to introduce them into the customs territory of the Union should, by means of 
an electronic
 statement, certify and assume responsibility for their lawful export from the 
source country or, in exceptional cases, from the
 third country, and should provide sufficient information for those goods to be identified by customs. In order to facilitate the procedure and for reasons of legal certainty, the information about the cultural good should be provided using 
an electronic
 standardised document. 
A standardised document following
 the Object ID standard, recommended by UNESCO, should be used to describe the cultural goods. 
The electronic statement
 should 
also include the export certificates or licences issued by the source country or, in exceptional cases, from the third country, providing evidence that the cultural goods in question were exported from that country in accordance with the laws and regulations of that source or third country or providing evidence of the absence of such laws and regulations. In case the source or third country’s legislation does not foresee the issue of export licences or certificates, the importer statement should also include any other appropriate supportive documents and evidence, including ownership titles, invoices, sales contracts, insurance documents, and transport documents.
 Those cultural goods 
should be electronically registered and the declarant should be provided with
 a copy of the relevant documents, in order to ensure traceability after the goods enter the internal market. 
The information given to the competent authorities in the form of electronic statement should enable them to take further action where, based upon a risk analysis, they believe those goods may be the subject of illicit import.











Amendment 16


Proposal for a regulation


Recital 12








Text proposed by the Commission




Amendment











(12)


Temporary admission of cultural goods for educational, scientific 
or
 academic research purposes should not be subject to the presentation of 
a
 licence or of 
a
 statement.












(12)


Temporary admission of cultural goods for educational, scientific
, performing arts, conservation, restoration, digitisation,
 academic research purposes 
and for the purpose of cooperation between museums or other non-profit institutions for the organisation of cultural exhibitions
 should not be subject to the presentation of 
an import
 licence or of 
an importer
 statement. 
The cultural goods to be presented at commercial fairs and international art fairs should not be subject to the presentation of an import licence or an importer statement. However, should the cultural goods be acquired and remain within the territory of the Union, they should be subject to the presentation of an import licence or an importer statement, depending on the category of the cultural goods.











Amendment 17


Proposal for a regulation


Recital 13








Text proposed by the Commission




Amendment











(13)


Storage of cultural goods from countries affected by armed conflict or suffering a natural disaster should also be permitted without the presentation of 
a
 licence or 
a
 statement in order to ensure their safety and preservation.












(13)


Storage of cultural goods from countries affected by armed conflict or suffering a natural disaster 
with the intention to return those goods to their source country or the third country from which they were lawfully exported, when the situation so allows,
 should also be permitted without the presentation of 
an import
 licence or 
an importer
 statement in order to ensure their safety and preservation.









Amendment 18


Proposal for a regulation


Recital 14








Text proposed by the Commission




Amendment











(14)


In order to take account of experience with the implementation of this Regulation and of changing geopolitical and other circumstances which place cultural goods at risk, while not impeding trade with third countries disproportionally, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of modifications to the minimum age threshold 
criterion
 for the different categories of cultural goods. That delegation should also allow the Commission to update 
the
 Annex following amendments to the Combined Nomenclature. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making 
of 13 April 2016

 (27). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.












(14)


In order to take account of experience with the implementation of this Regulation and of changing geopolitical and other circumstances which place cultural goods at risk, while not impeding trade with third countries disproportionally, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in 
in
 respect of modifications to the minimum age 
and financial
 threshold 
criteria
 for the different categories of cultural goods. That delegation should also allow the Commission to update Annex 
I
 following amendments to the Combined Nomenclature
, and to lay down a second Annex (Annex II) with a list of countries and Combined Nomenclature codes based on the ‘Red Lists of Cultural Objects at Risk’ composed and amended by the International Council of Museums (ICOM)
. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement 
of 13 April 2016
 on Better Law-Making (27). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.









Amendment 19


Proposal for a regulation


Recital 15








Text proposed by the Commission




Amendment











(15)


In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the Union, 
the
 templates for import licence applications and forms, as well as for importer statements and their accompanying documents, as well as further procedural rules on their submission and processing. Implementing powers should also be conferred on the Commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between Member States. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (28).












(15)


In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the Union, 
which should be done while guaranteeing adequate conservation conditions, having due regard to the particular nature of the cultural goods. Those arrangements should also apply to the electronic standardised
 templates for 
electronic
 import licence applications and forms 
and a list of the grounds on which such an application might be rejected
, as well as for importer statements and their accompanying documents, as well as 
to
 further procedural rules on their 
electronic
 submission and processing. Implementing powers should also be conferred on the Commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between Member States 
in the framework of the Regulation (EU) No 952/2013. Such establishment can form part of the work programme established under Article 280 of that Regulation
. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (28).









Amendment 20


Proposal for a regulation


Recital 15 a (new)








Text proposed by the Commission




Amendment





 










(15a)






For the implementation of this Regulation, the provisions applicable to customs control and verification are those contained in Regulation (EU) No 952/2013.











Amendment 21


Proposal for a regulation


Recital 16








Text proposed by the Commission




Amendment











(16)


Relevant information on trade flows of cultural goods should be collected to support the efficient implementation of the Regulation and to provide the basis for its future evaluation. Trade flows of cultural goods cannot be efficiently monitored only by their value or weight since these two measurements can fluctuate. It is essential to collect information on the number of items declared. As no supplementary measurement unit is specified in the Combined Nomenclature for cultural goods, it is necessary to require that the number of items is declared.












(16)


Relevant information on trade flows of cultural goods should be 
electronically
 collected 
and shared by Member States and the Commission,
 to support the efficient implementation of the Regulation and to provide the basis for its future evaluation
. In the interest of transparency and public scrutiny, as much information as possible should be made public
. Trade flows of cultural goods cannot be efficiently monitored only by their value or weight since these two measurements can fluctuate. It is essential to 
electronically
 collect information on the number of items declared. As no supplementary measurement unit is specified in the Combined Nomenclature for cultural goods, it is necessary to require that the number of items is declared.









Amendment 22


Proposal for a regulation


Recital 17








Text proposed by the Commission




Amendment











(17)


The EU Strategy and Action Plan for customs Risk Management (29) aims –inter alia- to strengthen capacities of customs authorities to increase the responsiveness to risks in the area of cultural goods. The common risk management framework laid down in Regulation (EU) No 952/2013 should be used and relevant risk information be exchanged between customs authorities.












(17)


The EU Strategy and Action Plan for customs Risk Management (29) aims –inter alia- to strengthen 
training and
 capacities of customs authorities to increase the responsiveness to risks in the area of cultural goods. The common risk management framework laid down in Regulation (EU) No 952/2013 should be used and relevant risk information be exchanged between customs authorities.









Amendment 23


Proposal for a regulation


Recital 17 a (new)








Text proposed by the Commission




Amendment





 










(17 a)






It is necessary to establish awareness-raising campaigns targeted at purchasers of cultural goods regarding the risk of illicit goods and to assist the market actors in their understanding and application of this Regulation. Member States should involve relevant national contact points and other information provision services in the dissemination of this information.











Amendment 24


Proposal for a regulation


Recital 17 b (new)








Text proposed by the Commission




Amendment





 










(17 b)






The Commission should ensure that micro, small and medium-sized enterprises (‘MSMEs’) benefit from adequate technical assistance and should facilitate the exchange of information with them in order to efficiently implement this Regulation. MSMEs established in the Union which import cultural goods should therefore benefit from the COSME programme established by Regulation (EU) No 1287/2013 of the European Parliament and of the Council

 (1a)

.











Amendment 25


Proposal for a regulation


Recital 18








Text proposed by the Commission




Amendment











(18)


Member States should introduce effective, proportionate and dissuasive penalties for failing to comply with the provisions of this Regulation and communicate those penalties to the Commission.












(18)


Member States should introduce effective, proportionate and dissuasive penalties for failing to comply with the provisions of this Regulation and communicate those penalties to the Commission. 
Member States should also notify the Commission where penalties are applied. It is desirable to achieve a level-playing field and a coherent approach and therefore it is appropriate that penalties in each Member State are similar in nature and effect.











Amendment 26


Proposal for a regulation


Recital 19








Text proposed by the Commission




Amendment











(19)




Sufficient time should be provided for
 the Commission 
to
 adopt rules implementing this Regulation, in particular those regarding the appropriate forms to use to apply for an import licence or to prepare an importer statement. 
Consequently, the application of this Regulation should be deferred.














(19)


The Commission 
should
 adopt 
without delay
 rules implementing this Regulation, in particular those regarding the appropriate 
electronic standardised
 forms to use to apply for an import licence or to prepare an importer statement.









Amendment 27


Proposal for a regulation


Article 1 — paragraph 1








Text proposed by the Commission




Amendment





This Regulation sets out the conditions and procedure for the 
entry
 of cultural goods into the customs territory of the Union.


This Regulation sets out the conditions and procedure for the 
introduction and the import
 of cultural goods into the customs territory of the Union.





Amendment 28


Proposal for a regulation


Article 1 — paragraph 2








Text proposed by the Commission




Amendment





This Regulation 
does not apply
 to cultural goods which are in transit through the customs territory of the Union.


This Regulation 
applies
 to cultural goods which are in transit through the customs territory of the Union 
when competent authorities have reasonable grounds to believe that cultural goods have been exported from the source or the third country in violation of the laws and regulations of that source or third country
.





Amendment 29


Proposal for a regulation


Article 2 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


‘cultural goods’ means any 
object
 which is of importance for archaeology, prehistory, history, literature, art or science 
and
 which belongs to the categories listed in the 
table in Annex
 and meets the minimum age 
threshold
 specified therein;












(a)


‘cultural goods’ means any 
item
 which is of importance for archaeology, prehistory, history, literature, art or science which belongs to the categories listed in the 
Annexes
 and meets the minimum age 
and financial thresholds
 specified therein;









Amendment 30


Proposal for a regulation


Article 2 — paragraph 1 — point a a (new)








Text proposed by the Commission




Amendment





 










(a a)






‘import of cultural goods’ means:










(i)






release for free circulation as referred to in Article 201 of Regulation (EU) No 952/2013; or














(ii)






the placing of goods under one of the following categories of special procedures referred to in Article 210 of Regulation (EU) No 952/2013:










a.






storage, comprising customs warehousing and free zones,














b.






specific use, comprising temporary admission and end-use,














c.






inward processing;



















Amendment 31


Proposal for a regulation


Article 2 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


‘source country’ means the country in the current territory of which the cultural goods were created or discovered;












(b)


‘source country’ means the country in the current territory of which the cultural goods were created or discovered 
or removed, excavated or stolen from land or underwater, or a country which has such a close connection with the cultural goods that this country protects them as national cultural property and regulates their export from its territory upon their lawful removal from the country in which the cultural goods were created or discovered
;









Amendment 32


Proposal for a regulation


Article 2 — paragraph 1 — point c








Text proposed by the Commission




Amendment











(c)


‘
export
 country’ means the last country in which the cultural goods were 
permanently held in accordance with that country's laws and regulations
 before 
their dispatch to
 the Union;












(c)


‘
third
 country’ means the last 
country other than the source
 country in which the cultural goods were 
held
 before 
being brought into the customs territory of
 the Union;









Amendment 33


Proposal for a regulation


Article 2 — paragraph 1 — point d








Text proposed by the Commission




Amendment













(d)






‘permanently’ means for a period of time of at least one month and for purposes other than temporary use, transit, export or dispatch;










deleted







Amendment 34


Proposal for a regulation


Article 2 — paragraph 1 — point h a (new)








Text proposed by the Commission




Amendment





 










(ha)






‘Object ID’ means the international standard adopted by UNESCO for describing cultural goods and compiling a single set of data on cultural goods;











Amendment 35


Proposal for a regulation


Article 2 — paragraph 1 — point h b (new)








Text proposed by the Commission




Amendment





 










(hb)






‘competent authorities’ means the authorities designated by the Member States to issue importer licences and register importer statements.











Amendment 36


Proposal for a regulation


Article 2 — paragraph 2








Text proposed by the Commission




Amendment






2.   The Commission is empowered to adopt delegated acts in accordance with Article 12 in order to amend the second column of the table in 
the
 Annex following amendments in the Combined Nomenclature and to amend the minimum age 
threshold in the third column of the table
 in the Annex in the light of experience gathered during the 
implementation
 of this Regulation.




2.   The Commission is empowered to adopt delegated acts in accordance with Article 12 in order to amend the second column of the table in Annex 
I
 following amendments in the Combined Nomenclature and to amend the minimum age 
and value thresholds
 in the Annex in the light of experience gathered during the 
implementation
 of this Regulation 
and of Regulation (EC) No 116/2009
.






Amendment 37


Proposal for a regulation


Article 2 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2 a.
   
The Commission is empowered to adopt delegated acts in accordance with Article 12 in order to amend Annex II listing countries and object categories in relation to which there exists a particular risk of illicit traffic, based upon the Database of Red Lists of cultural objects at risk published by the International Council of Museums (ICOM). The Commission shall ensure that Annex II is regularly updated.








Amendment 38


Proposal for a regulation


Article 3 — title








Text proposed by the Commission




Amendment





Cultural goods 
entering
 the customs territory of the Union




Introduction and import of
 cultural goods 
into
 the customs territory of the Union





Amendment 39


Proposal for a regulation


Article 3 — paragraph 1








Text proposed by the Commission




Amendment






1.   The 
release
 of cultural goods 
for free circulation
 and the 
placing
 of cultural goods 
under a special procedure other than transit
 shall only be permitted upon the presentation of an import licence issued in accordance with Article 4 or of an importer statement made out in accordance with Article 5.




1.   The 
introduction
 of cultural goods 
removed from the territory of a source country in breach of international law
 and the 
source or the third country’s laws and regulations is prohibited.







 




The import
 of cultural goods 
into the customs territory of the Union
 shall only be permitted upon the presentation of an import licence issued in accordance with Article 4 or of an importer statement made out in accordance with Article 5.





Amendment 40


Proposal for a regulation


Article 3 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 





1 a.
   
The successful import of cultural goods shall not be construed to be evidence of lawful provenance or ownership.








Amendment 41


Proposal for a regulation


Article 3 — paragraph 2 — point a








Text proposed by the Commission




Amendment











(a)


the temporary admission, within the meaning of Article 250 of Regulation (EU) No 952/2013, in the customs territory of the Union of cultural goods for educational, scientific and academic research purposes;












(a)


the temporary admission, within the meaning of Article 250 of Regulation (EU) No 952/2013, in the customs territory of the Union of cultural goods for educational, scientific
, performing arts, conservation, restoration, digitisation
 and academic research purposes 
and for the purpose of cooperation between museums or other non-profit institutions for the organisation of cultural exhibitions
;









Amendment 42


Proposal for a regulation


Article 3 — paragraph 2 — point a a (new)








Text proposed by the Commission




Amendment





 










(aa)






the cultural goods to be presented at commercial fairs and international art fairs, unless they are acquired and remain within the territory of the Union;











Amendment 43


Proposal for a regulation


Article 3 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(b)


the storage, within the meaning of Article 237 of Regulation (EU) No 952/2013, of cultural goods for the 
express
 purpose of ensuring their preservation by, or under the supervision of, a public authority.












(b)


the storage, within the meaning of Article 237 of Regulation (EU) No 952/2013, of cultural goods for the purpose of ensuring their 
safety or
 preservation by, or under the supervision of, a public authority
, with the intention of returning such goods to their country of origin or the third country to which they were lawfully exported, when the situation so allows;











Amendment 44


Proposal for a regulation


Article 3 — paragraph 2 — point b a (new)








Text proposed by the Commission




Amendment





 










(b a)






returned cultural goods, within the meaning of Article 2 of Directive 2014/60/EU.











Amendment 45


Proposal for a regulation


Article 3 — paragraph 3








Text proposed by the Commission




Amendment






3.   The Commission may adopt, by means of implementing acts, the specific modalities for the temporary admission or storage of cultural goods referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.




3.   The Commission may adopt, by means of implementing acts, the specific modalities for the temporary admission or storage of cultural goods and of returned cultural goods 
for their protection
 referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.






Amendment 46


Proposal for a regulation


Article 4 — paragraph 1








Text proposed by the Commission




Amendment






1.   The 
release for free circulation and the placing under a special procedure other than transit
 in the Union of the cultural goods referred to in points 
(c), (d) and (h)
 of the Annex shall be subject to the presentation of an import licence to the customs authorities.




1.   The 
import
 in
to
 the Union of the cultural goods referred to in points 
A1 and A2
 of the Annex 
I
 shall be subject to the presentation of an import licence to the customs authorities.





 




This Article shall only apply to the goods referred to in the first subparagraph if they feature on the list of countries and Combined Nomenclature codes as laid down in Annex II, if such a list is in use for the source country from which the cultural goods are exported and the source country of the cultural goods is known.






 




This Article shall also apply to cultural goods which are only listed in Annex II imported into the customs territory of the Union from a source or third country.







Amendment 47


Proposal for a regulation


Article 4 — paragraph 2








Text proposed by the Commission




Amendment






2.   The holder of the goods shall apply for an import licence to the competent authority of the Member State of 
entry
. The application shall be accompanied by 
any
 supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations
. However, where the
 export 
country is a Contracting Party to the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import,
 Export 
and Transfer of
 Ownership 
of Cultural Property signed in Paris on 14 November 1970 (‘the 1970 UNESCO Convention’)
, the application shall 
be accompanied by any supporting documents and information substantiating that the cultural goods have been exported from that country in accordance with its laws and regulations
.




2.   The holder of the goods shall apply for an import licence to the competent authority of the 
first
 Member State of 
intended import
. The application shall be accompanied by 
the appropriate
 supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations 
or providing evidence of the absence of such laws and regulations. It shall include:







 








—




export certificates or export licences;










 








—




a standardised document, following the Object ID standard, describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities;










 








—




ownership titles;










 








—




invoices;










 








—




sales contracts;










 








—




insurance documents or transport documents.










 




Where supporting documents are not available
, the application shall 
also include an expert appraisal if deemed necessary by the competent authority
.





Amendment 48


Proposal for a regulation


Article 4 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2 a.
   
Notwithstanding paragraph 2, in exceptional cases where either:







 










(a)






the source country of the cultural good cannot be reliably determined and that circumstance is considered to be well documented and supported by evidence by the competent authority; or










 










(b)






the cultural goods have been exported from the source country prior to 1970 and were held in a third country for purposes other than temporary use, transit, export or dispatch before being brought into the customs territory of the Union, but the holder cannot provide the documents required under paragraph 2 since such documents were not in use at the time the cultural goods were exported from the source country,










 




the application shall be accompanied by the appropriate supporting documents and information substantiating that the cultural goods in question have been exported from the third country in accordance with its laws and regulations or providing evidence of the absence of such laws and regulations.






 




The supporting documents shall include:






 








—




export certificates or export licences;










 








—




a standardised document, following the Object ID standard, describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities;










 








—




ownership titles;










 








—




invoices;










 








—




sales contracts; and










 








—




insurance documents or transport documents.










 




Where supporting documents are not available, the application shall also include an expert appraisal if deemed necessary by the competent authority.







Amendment 49


Proposal for a regulation


Article 4 — paragraph 3








Text proposed by the Commission




Amendment






3.   The competent authority of the Member State of 
entry
 shall verify whether the application is complete. It shall request any missing information or document from the applicant within 
30
 days of receipt of the application.




3.   The competent authority of the 
first
 Member State of 
intended import
 shall verify whether the application is complete. It shall request any missing 
or additional
 information or document from the applicant within 
21
 days of receipt of the application.






Amendment 50


Proposal for a regulation


Article 4 — paragraph 4 — introductory part








Text proposed by the Commission




Amendment






4.   The competent authority shall, within 90 days of the submission of the complete application, examine the application and decide to issue the import licence or reject the application. 
It may
 reject the application on the following grounds:




4.   The competent authority shall, within 90 days of the submission of the complete application, examine the application and decide to issue the import licence or reject the application. 
In case the import licence is issued, the competent authority shall register that licence electronically. The competent authority shall
 reject the application on the following grounds:






Amendment 51


Proposal for a regulation


Article 4 — paragraph 4 — point a








Text proposed by the Commission




Amendment











(a)




where the export country is not a Contracting Party to the 1970 UNESCO Convention,
 it is not demonstrated that the cultural goods were exported from the source country in accordance with its laws and regulations;












(a)




when
 it is not demonstrated that the cultural goods were exported from the source country in accordance with its laws and regulations 
as in force at the time of the export, or in the absence of such laws and regulations
; 
or, in the exceptional cases enlisted in Article 4(2a), from the third country in accordance with the laws and regulations of that third country in force at the time of the export, or in the absence of such laws and regulations;











Amendment 52


Proposal for a regulation


Article 4 — paragraph 4 — point b








Text proposed by the Commission




Amendment













(b)






where the export country is a Contracting Party to the 1970 UNESCO Convention, it is not demonstrated that the cultural goods were exported from the export country in accordance with its laws and regulations;










deleted







Amendment 53


Proposal for a regulation


Article 4 — paragraph 4 — point c








Text proposed by the Commission




Amendment











(c)


the competent authority has reasonable grounds to believe that the holder of the goods did not acquire them lawfully.












(c)


the competent authority has reasonable 
and verifiable
 grounds to believe that the holder of the goods did not acquire them lawfully.









Amendment 54


Proposal for a regulation


Article 4 — paragraph 4 — point c a (new)








Text proposed by the Commission




Amendment





 










(c a)






if the application for an import licence for a cultural good has been previously rejected by the competent authorities of another Member State of the Union for that same cultural good and no further evidence has been provided which was not already submitted in connection with the rejected application;











Amendment 55


Proposal for a regulation


Article 4 — paragraph 4 — point c b (new)








Text proposed by the Commission




Amendment





 










(c b)






where the licit export directly from the source country cannot be proven by appropriate supportive documents and evidence, in particular, export certificates or licences issued by the country of export, ownership titles, invoices, sales contracts, the object ID where available, insurance documents, transport documents and experts appraisals.











Amendment 56


Proposal for a regulation


Article 4 — paragraph 4 a (new)








Text proposed by the Commission




Amendment





 





4 a.
   
The competent authority may reject the application where there are claims for return or payment of damages, submitted by the authorities of the source country, pending before courts.








Amendment 57


Proposal for a regulation


Article 4 — paragraph 4 b (new)








Text proposed by the Commission




Amendment





 





4 b.
   
When the application is rejected, the administrative decision referred to in paragraph 4 shall be accompanied by a statement of reasons including information on the appeal procedure which is communicated to the applicant affected at the time it is issued.








Amendment 58


Proposal for a regulation


Article 4 — paragraph 4 c (new)








Text proposed by the Commission




Amendment





 





4 c.
   
The application shall include a declaration that the items have not previously been the subject of an application or, in the case of prior refusal, it shall state the reasons of that refusal and shall include additional evidence which was unavailable when the application was previously considered.








Amendment 59


Proposal for a regulation


Article 4 — paragraph 4 d (new)








Text proposed by the Commission




Amendment





 





4 d.
   
Where a Member State rejects an electronic application, that rejection as well as the grounds on which it was based shall be communicated to the other Member States and to the Commission. In cases of suspect of illicit trafficking, Member States shall also inform other relevant authorities such as INTERPOL and EUROPOL.








Amendment 60


Proposal for a regulation


Article 4 — paragraph 5 — subparagraph 1








Text proposed by the Commission




Amendment





Member States shall designate the public authorities competent to issue import licenses in accordance with this Article. They shall communicate the details of those authorities as well as any changes in that respect to the Commission.


Member States shall designate 
without delay
 the public authorities competent to issue import licenses in accordance with this Article. They shall communicate the details of those authorities as well as any changes in that respect to the Commission.





Amendment 61


Proposal for a regulation


Article 4 — paragraph 6








Text proposed by the Commission




Amendment






6.   The Commission 
may
 establish, by means of implementing acts, the template for the application for the import licence as well as the procedural rules on the submission and processing of such an application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.




6.   The Commission 
shall
 establish, by means of implementing acts, the 
electronic standardised
 template for the application for the import licence as well as the procedural rules on the 
electronic
 submission and processing of such an application 
together with the relevant supporting documents, which shall be done by electronic means
. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.






Amendment 62


Proposal for a regulation


Article 5 — paragraph 1








Text proposed by the Commission




Amendment






1.   The 
release for free circulation and the placing under a special procedure other than transit in the
 Union of the cultural goods referred to in points 
(a), (b), (e), (f), (g), (i), (j), (k) and (l)
 of the Annex shall be subject to the submission of an importer statement to the customs authorities of the Member State of 
entry
.




1.   The 
import into the customs territory
 of the Union of cultural goods 
which are
 referred to in points 
3 to 14 of Part A
 of the Annex 
I
 shall be subject to the submission 
by the holder of the goods
 of an 
electronic
 importer statement to the customs authorities of the 
first
 Member State of 
intended import
.





 




This Article is also applicable to those cultural goods referred to in points A1 and A2 whose Combined Nomenclature codes do not figure into Annex II.







Amendment 63


Proposal for a regulation


Article 5 — paragraph 2








Text proposed by the Commission




Amendment






2.   The importer statement shall 
contain a declaration signed by the holder of the goods that the goods have been exported from the source country in accordance with its laws and regulations. However, where the export country is a Contracting Party to the UNESCO Convention on Cultural Property, the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from that country in accordance with its laws and regulations.






2.   The importer statement shall 
be registered electronically. It shall consist of:







 










a)






a declaration signed by the holder of the goods stating that the goods have been exported from the source country in accordance with its laws and regulations or providing evidence of the absence of such laws and regulations;










 










b)






a standardised document, following the Object ID standard, describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities;










 










c)






the export certificates or licences issued by the source country, providing evidence that the cultural goods in question were exported from the source country in accordance with its laws and regulations.











Amendment 64


Proposal for a regulation


Article 5 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2 a.
   
Notwithstanding paragraph 2, in exceptional cases where either:







 










(a)






the source country of the cultural good cannot be reliably determined and that circumstance is considered to be well documented and supported by evidence by the competent authority; or










 










(b)






the cultural goods have been exported from the source country prior to 1970 and were held in a third country for purposes other than temporary use, transit, export or dispatch before being brought into the customs territory of the Union, but the holder cannot provide the documents required under paragraph 2 since such documents were not in use at the time the cultural goods were exported from the source country,










 




the importer statement shall consist of:






 










(a)






a declaration signed by the holder of the goods stating that the goods have been exported from the third country in accordance with its laws and regulations or providing evidence of the absence of such laws and regulations;










 










(b)






a standardised document, following the Object ID standard, describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities; and










 










(c)






the export certificates or licences issued by the third country, providing evidence that the cultural goods in question were exported from the third country in accordance with its laws and regulations.










 




Where the laws and regulations of the source or third country do not foresee the issuance of export licences or certificates, the importer statement shall also include any other appropriate supporting documents and evidence, including ownership titles, invoices, sales contracts, insurance documents, transport documents.







Amendment 65


Proposal for a regulation


Article 5 — paragraph 3








Text proposed by the Commission




Amendment






3.   The Commission 
may
 adopt, by means of implementing acts, the template for the importer statement as well as the procedural rules on the submission and processing of the importer statement. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.




3.   The Commission 
shall
 adopt, by means of implementing acts, the 
electronic standardised
 template for the importer statement as well as the procedural rules on the 
electronic
 submission and processing of the importer statement. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.






Amendment 66


Proposal for a regulation


Article 5 a (new)








Text proposed by the Commission




Amendment





 





Article 5 a




Micro, small and medium-sized enterprises




The Commission shall ensure that micro, small and medium-sized enterprises (MSMEs) benefit from adequate technical and financial assistance, including the promotion of national contact points in cooperation with Member States and the establishment a dedicated website containing all the relevant information, and shall facilitate the exchange of information between MSMEs and the relevant national contact points when in receipt of enquiries in order to efficiently implement this Regulation.








Amendment 67


Proposal for a regulation


Article 5 b (new)








Text proposed by the Commission




Amendment





 




Article 5 b






 




Use of electronic system






 





1.
   
All exchanges of information between competent authorities and declarants under Articles 4 and 5, such as exchange of declarations, applications or decisions, shall be made by electronic means.







 





2.
   
The Commission shall establish the electronic system referred to in paragraph 1. It shall adopt implementing acts to lay down:







 








—




the arrangements for the deployment, operation and maintenance of the electronic system referred to in paragraph 1;










 








—




the detailed rules regarding the submission, processing, storage and exchange of information between the competent authorities of the Member States by means of the electronic system.










 




Member States shall cooperate with the Commission in developing, maintaining and employing electronic system referred to in paragraph 1 and in storing information, in accordance with this Regulation.






 





3.
   
With regards to the processing of personal data within the framework of this Regulation, declarants and competent authorities should carry out their tasks in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council

 (1a)

, and Regulation (EU) …/…

 (*1)







Amendment 68


Proposal for a regulation


Article 6








Text proposed by the Commission




Amendment







Article 6






deleted








Customs control and verification




 





1.   
The import licence referred to in Article 4 or the importer statement referred to in Article 5, as the case may be, shall be submitted to the customs office competent to release the cultural goods for free circulation or for placing them under a special procedure other than transit.





 







2.
   
With regard to cultural goods requiring the issue of an import licence to enter the customs territory of the Union, the customs authorities shall check whether the import licence corresponds to the goods presented. For that purpose, they may physically examine the cultural goods, including by conducting an expertise.





 







3.
   
With regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the Union, the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of Article 5 and corresponds to the goods presented. For that purpose, they may require additional information from the declarant and physically examine the cultural goods, including by conducting an expertise. They shall register the importer statement by attributing to it a serial number and a registration date and, upon release of the goods, provide the declarant with a copy of the registered importer statement.





 





4.   
When submitting a declaration for the release of cultural goods for free circulation or for placing them under a special procedure other than transit, the quantity of the products shall be indicated using the supplementary unit set out in the Annex.





 





Amendment 69


Proposal for a regulation


Article 7 — paragraph 1








Text proposed by the Commission




Amendment







Where
 Member States restrict the number of customs offices competent to 
release
 cultural goods 
for free circulation or to place them under a special procedure other than transit
, they shall communicate the details of those customs offices as well as any changes in that respect to the Commission.


Member States 
may
 restrict the number of customs offices competent to 
allow the import of
 cultural goods
. Where Member States apply that restriction
, they shall communicate the details of those customs offices as well as any changes in that respect to the Commission.





Amendment 70


Proposal for a regulation


Article 8 — paragraph 1








Text proposed by the Commission




Amendment






1.   
Customs
 authorities shall seize and temporarily retain cultural goods brought into 
the customs territory of the Union where the cultural goods in question entered
 the customs territory of the Union without the conditions laid down in paragraphs 1 and 2 of Article 3 being fulfilled.




1.   
Competent
 authorities shall seize and temporarily retain cultural goods brought into the customs territory of the Union without the conditions laid down in paragraphs 1 and 2 of Article 3 being fulfilled. 
In the case of retention of the cultural goods, adequate conservation conditions shall be guaranteed in accordance with the conditions and responsibilities for the temporary storage of goods as stated in Article 147 of Regulation (EU) No 952/2013, having due regard to the particular nature of the goods.








Amendment 71


Proposal for a regulation


Article 8 — paragraph 2








Text proposed by the Commission




Amendment






2.   The administrative decision referred to in paragraph 1 shall be 
accompanied by a statement of reasons, be communicated to the declarant and shall be
 subject to 
an effective remedy in accordance with procedures provided for in national law
.




2.   The administrative decision referred to in paragraph 1 shall be subject to 
the provisions of Article 22(7) of Regulation (EU) No 952/2013.








Amendment 72


Proposal for a regulation


Article 8 — paragraph 3








Text proposed by the Commission




Amendment






3.   The period of temporary retention shall be strictly limited to the time required for the customs authorities or other law enforcement authorities to determine whether the circumstances of the case warrant retention under other provisions of Union or national law. The maximum period of temporary retention under this Article shall be 6 months. If no determination is made regarding further retention of the cultural goods within that period or if a determination is made that the circumstances of the case do not warrant further retention, the cultural goods shall be made available to the declarant.




3.   The period of temporary retention shall be strictly limited to the time required for the customs authorities or other law enforcement authorities to determine whether the circumstances of the case warrant retention under other provisions of Union or national law. The maximum period of temporary retention under this Article shall be 6 months
, with the possibility to extend that period for a further three months at the reasoned decision of the customs authorities
. If no determination is made regarding further retention of the cultural goods within that period or if a determination is made that the circumstances of the case do not warrant further retention, the cultural goods shall be made available to the declarant. 
Authorities of the Member States shall ensure that, at the moment of restitution of the cultural goods to the country of origin, the country of origin is not affected by an armed crisis where the safety of the cultural goods cannot be guaranteed. In such a case, the cultural good shall remain in the Union until the situation in the country of origin is stabilised.








Amendment 73


Proposal for a regulation


Article 8 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3 a.
   
Customs authorities shall immediately notify the source or, in cases where the source country of the cultural goods cannot be reliably determined, the third country as well as EUROPOL and INTERPOL, as the case may be, after having taken the decision referred to in paragraph 1.








Amendment 74


Proposal for a regulation


Article 8 — paragraph 3 b (new)








Text proposed by the Commission




Amendment





 





3b.
   
When competent authorities have reasonable grounds to believe that cultural goods in transit through the customs territory of the Union may have been exported in violation of rules and regulation of a source country, they shall instruct customs authorities to temporarily seize those goods.








Amendment 75


Proposal for a regulation


Article 9 — title








Text proposed by the Commission




Amendment





Administrative co-operation


Administrative co-operation 
and use of electronic system







Amendment 76


Proposal for a regulation


Article 9 — paragraph 1








Text proposed by the Commission




Amendment






1.   For the purposes of implementing this Regulation, Member States shall ensure co-operation between their competent authorities referred to in Article 
3(4)
.




1.   For the purposes of implementing this Regulation, Member States shall ensure co-operation 
and information sharing
 between their competent authorities referred to in Article 
4(5)
.






Amendment 77


Proposal for a regulation


Article 9 — paragraph 2








Text proposed by the Commission




Amendment






2.   An electronic system 
may
 be developed for the storage and the exchange of information between the authorities of the Member States, in particular regarding importer statements and import licences.




2.   An electronic system 
shall
 be developed for the storage and the exchange of information between the authorities of the Member States 
within the framework of Regulation (EU) No 952/2013. Any such system shall address the receipt, processing, storage and exchange of information
, in particular regarding importer statements and import licences.






Amendment 78


Proposal for a regulation


Article 9 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
The electronic system referred to in paragraph 2 shall be capable of being consulted by Member States when processing requests submitted in connection with export licenses required under Regulation (EC) No 116/2009. Such requests may refer directly to information held on the electronic system.








Amendment 79


Proposal for a regulation


Article 9 — paragraph 3 — subparagraph 1 — introductory part








Text proposed by the Commission




Amendment





The Commission 
may
 lay down, by means of implementing acts,


The Commission 
shall
 lay down, by means of implementing acts:





Amendment 80


Proposal for a regulation


Article 9 — paragraph 3 — subparagraph 2








Text proposed by the Commission




Amendment





Those implementing acts shall be adopted in accordance with the procedure referred to in Article 13.


Those implementing acts shall be adopted 
by … [six months from the date of entry into force of this Regulation]
 in accordance with the procedure referred to in Article 13.





Amendment 81


Proposal for a regulation


Article 9 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
The processing of personal data on the basis of this Regulation shall take place only for the purposes of the effective protection against the loss of cultural goods, the preservation of humanity's cultural heritage and the prevention of terrorist financing through the selling of looted cultural heritage to buyers in the Union.








Amendment 82


Proposal for a regulation


Article 9 — paragraph 3 b (new)








Text proposed by the Commission




Amendment





 





3b.
   
All personal data obtained in accordance with Articles 4, 5 and 9 shall be accessed and processed only by duly authorised staff of the authorities, and shall be adequately protected against unauthorised access or communication.








Amendment 83


Proposal for a regulation


Article 10 — paragraph 1








Text proposed by the Commission




Amendment







The
 Member States shall lay down the rules on penalties applicable to infringements of Articles 3, 4 and 5 and in particular, to the 
making of false statements and the
 submission of false information to obtain 
entry
 of cultural goods into the customs territory of the Union, 
and
 shall take all measures necessary to ensure that 
they
 are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and of those measures within 
18
 months of the entry into force of the Regulation and shall notify it, without delay, of any subsequent amendment affecting them.


Member States shall lay down the rules on penalties applicable to infringements of Articles 3, 4 and 5 and in particular, to the submission of false information to obtain 
import
 of cultural goods into the customs territory of the Union, 
Member States
 shall take all measures necessary to ensure that 
that those rules
 are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 
In order to achieve a level playing field and a coherent approach Member States shall apply penalties that are similar in nature and effect.
 Member States shall notify the Commission of those rules and of those measures within 
12
 months of the entry into force of the Regulation and shall notify it, without delay, of any subsequent amendment affecting them.





Amendment 84


Proposal for a regulation


Article 11 — paragraph - 1 (new)








Text proposed by the Commission




Amendment





 




In their preparatory works for the implementation of this Regulation, the Commission and the Member States shall cooperate with international organisations, such as the UNESCO, the Interpol, EUROPOL, World Customs Organization (WCO), International Centre of the Preservation and Restoration of Cultural Property (ICCROM) and the International Council of Museums, to ensure effective training, capacity building activities and awareness rising campaigns, as well as to commission relevant research and standard development where appropriate.







Amendment 85


Proposal for a regulation


Article 11 — paragraph 1








Text proposed by the Commission




Amendment





Member States shall organise training and 
capacity building
 activities to ensure the effective implementation of this Regulation 
by the authorities concerned. They may also use awareness-raising campaigns to sensitise in particular buyers
 of cultural goods.




The Commission, with the cooperation of the
 Member States shall organise:




 










i.




training and 
capacity-building
 activities 
and awareness-raising campaigns for authorities, national contact points and professionals concerned
 to ensure the effective implementation of this Regulation;












ii.






actions to foster the effective cooperation of source countries; and














iii.






an exchange of best practices aimed at promoting uniform implementation of this Regulation, especially the appropriate practices from Member States that have national legislation in force on the import
 of cultural goods 
before the entry into force of this Regulation
.









Amendment 86


Proposal for a regulation


Article 11 — paragraph 1 — subparagraph 1 a (new)








Text proposed by the Commission




Amendment





 




Those activities, campaigns and actions shall build on the experience of currently existing programmes, including the ones promoted by the WCO and the Commission.







Amendment 87


Proposal for a regulation


Article 11 a (new)








Text proposed by the Commission




Amendment





 





Article 11 a




Cooperation with third countries




In matters covered by its activities and to the extent required for the fulfilment of its tasks under this Regulation, the Commission shall facilitate and encourage technical and operational cooperation between Member States and third countries.




The Commission may organise training activities in cooperation with Member States and third countries on their territories.








Amendment 88


Proposal for a regulation


Article 12 — paragraph 2








Text proposed by the Commission




Amendment






2.   The power to adopt delegated acts referred to in Article 
2(2)
 shall be conferred on the Commission for 
an indeterminate
 period of 
time from … [Publications Office is to fill in the
 date of entry into force of this 
Act
].




2.   The power to adopt delegated acts referred to in Article 
2
 shall be conferred on the Commission for 
a
 period of 
five years from … [
date of entry into force of this 
Regulation
]. 
The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the …-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.








Amendment 89


Proposal for a regulation


Article 14 — paragraph 1 — subparagraph 1 — point b








Text proposed by the Commission




Amendment











(b)


information on infringements of this Regulation;












(b)


information on infringements of this Regulation 
and penalties applied
;









Amendment 90


Proposal for a regulation


Article 14 — paragraph 1 — subparagraph 2








Text proposed by the Commission




Amendment





For this purpose, the Commission shall address relevant questionnaires to the Member States. Member States shall have 6 months to communicate the requested information to the Commission.


For this purpose, the Commission shall address relevant questionnaires to the Member States. Member States shall have 6 months
, from the receipt of the questionnaire
 to communicate the requested information to the Commission.





Amendment 91


Proposal for a regulation


Article 14 — paragraph 1 — subparagraph 2 a (new)








Text proposed by the Commission




Amendment





 




On the basis of the Member States’ replies to the questionnaires referred to in paragraph 1, the Commission may ask Member States to provide additional information on the processing of import license applications. The Member States shall provide the information requested as quickly as possible.







Amendment 92


Proposal for a regulation


Article 14 — paragraph 2








Text proposed by the Commission




Amendment






2.   The Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation 
three
 years after the date of application of this Regulation and, after that, every 
five
 years.




2.   The Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation 
two
 years after the date of application of this Regulation and, after that, every 
four
 years. 
That report shall be publicly available. It shall include consideration of practical implementation, including the impact on Union economic operators, particularly MSMEs. The report shall compare Member State implementation, including an assessment of the degree of uniform application of the Regulation since the date of the previous report. That assessment shall also consider the provisions establishing and application of penalties, and the degree to which they provide for a level playing field amongst Member States. Where necessary, the report may make recommendations to address inadequate implementation of this Regulation by Member States.








Amendment 93


Proposal for a regulation


Article 14 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
The report referred to in paragraph 2 shall take into account the impact of this Regulation on the ground, including its impact on Union economic operators, including MSMEs. The report shall provide evidences on the different national performances, include an assessment on how uniformly this Regulation has been implemented and applied in the concerned period, and provide for recommendations to address deficient implementation by Member States.








Amendment 94


Proposal for a regulation


Annex I — subheading 3








Text proposed by the Commission




Amendment





Cultural goods covered by Article 
2(1)




Cultural goods covered by Article 
2 — paragraph 1 — point a







Amendment 95


Proposal for a regulation


Annex I a (new)


Text proposed by the Commission

 

Amendment










1.






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




 




 








—




excavations and finds on land or under water










9705 00 00






 








—




archaeological sites










9706 00 00






 








—




archaeological collections








 






2.






Elements forming an integral part of artistic, historical or religious monuments which have been dismembered, of an age exceeding 100 years






9705 00 00




9706 00 00








3.






Pictures and paintings, other than those included in categories 4 or 5, executed entirely by hand in any medium and on any material

 (1a)





9701








4.






Watercolours, gouaches and pastels executed entirely by hand on any material

 (1a)





9701








5.






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 material

 (1a)





6914




9701








6.






Original engravings, prints, serigraphs and lithographs with their respective plates and original posters

 (1a)





Chapter 49




9702 00 00




8442 50 99








7.






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

 (1a)

, other than those in category 1






9703 00 00








8.






Photographs, films and negatives thereof

 (1a)





3704




3705




3706




4911 91 80








9.






Incunabula and manuscripts, including maps and musical scores, singly or in collections

 (1a)





9702 00 00




9706 00 00




4901 10 00




4901 99 00




4904 00 00




4905 91 00




4905 99 00




4906 00 00








10.






Books more than 100 years old, singly or in collections






9705 00 00




9706 00 00








11.






Printed maps more than 200 years old






9706 00 00








12.






Archives, and any elements thereof, of any kind or any medium which are more than 50 years old






3704




3705




3706




4901




4906




9705 00 00




9706 00 00








13.












(a)






Collections

 (1b)

and specimens from zoological, botanical, mineralogical or anatomical collections;










9705 00 00






 










(b)






Collections

 (1b)

of historical, palaeontological, ethnographic or numismatic interest










9705 00 00








14.






Means of transport more than 75 years old






9705 00 00




Chapters 86-89








15.






Any other antique items not included in categories A.1 to A.14




 




 










(a)






between 50 and 100 years old








 




 




toys, games






Chapter 95






 




glassware






7013






 




articles of goldsmiths’ or silversmiths’ wares






7114






 




furniture






Chapter 94






 




optical, photographic or cinematographic apparatus






Chapter 90






 




musical instruments






Chapter 92






 




clocks and watches and parts thereof






Chapter 91






 




articles of wood






Chapter 44






 




pottery






Chapter 69






 




tapestries






5805 00 00






 




carpets






Chapter 57






 




wallpaper






4814






 




arms






Chapter 93






 










(b)






more than 100 years old










9706 00 00








The cultural objects in categories A.1 to A.15 are covered by this Regulation only if their value corresponds to, or exceeds, the financial thresholds under B.
















B.





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











Value:








Whatever the value:






—




1 (Archaeological objects)






—




2 (Dismembered monuments)






—




9 (Incunabula and manuscripts)






—




12 (Archives)








15 000 






—




5 (Mosaics and drawings)






—




6 (Engravings)






—




8 (Photographs)






—




11 (Printed maps)








30 000 






—




4 (Watercolours, gouaches and pastels)








50 000 






—




7 (Statuary)






—




10 (Books)






—




13 (Collections)






—




14 (Means of transport)






—




15 (Any other object)








150 000 






—




3 (Pictures)








The assessment of whether or not the conditions relating to financial value are fulfilled must be made when an application for an export license is submitted. The financial value is that of the cultural object in the international market.








The values expressed in Euro in Annex I 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 counter value in national currencies shall be reviewed every two years with effect from 31 December 2001. Calculation of this counter value 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. This method of calculation shall be reviewed, on a proposal from the Commission, by the Advisory Committee on Cultural Goods, in principle two years after the first application. For each revision, the values expressed in euro and their counter values in national currency shall be published periodically in the Official Journal of the European Union in the first days of the month of November preceding the date on which the revision takes effect.







Amendment 96


Proposal for a regulation


Annex I b (new)








Text proposed by the Commission




Amendment





 









(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0308/2018).

(24)  COM(2016)0050.

(25)  Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA; OJ L 88, 31.3.2017, p. 6


(24)  COM(2016)0050.

(25)  Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA; OJ L 88, 31.3.2017, p. 6


(1a)  
Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).



(27)  OJ L 123, 12.5.2016, p. 1.

(27)  OJ L 123, 12.5.2016, p. 1.

(28)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(28)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(29)  COM(2014)0527: Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the EU Strategy and Action Plan for customs risk management.

(29)  COM(2014)0527: Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the EU Strategy and Action Plan for customs risk management.

(1a)  
Regulation (EU) No 1287/2013 of the European Parliament and of the Council of 11 December 2013 establishing a Programme for the Competitiveness of Enterprises and small and medium-sized enterprises (COSME) (2014 — 2020) and repealing Decision No 1639/2006/EC (OJ L 347, 20.12.2013, p. 33).



(1a)  
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)(
OJ L 119, 4.5.2016, p. 1)


(*1)  
OJ: Please insert in the text the number of the Regulation contained in document 2017/0003(COD)



(1a)  
Which are more than 50 years old and do not belong to their originators.



(1b)  
As defined by the Court of Justice in its judgment in Case 252/84, as follows: ‘Collectors’ pieces within the meaning of heading No 97.05 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’.