Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 91997E1631

**WRITTEN QUESTION No. 1631/97 by Philippe MONFILS to the Commission. Illegal trafficking in cultural artefacts** 
  
*Official Journal C 045 , 10/02/1998 P. 0066*

  

WRITTEN QUESTION E-1631/97 by Philippe Monfils (ELDR) to the Commission (14 May 1997)

Subject: Illegal trafficking in cultural artefacts

For a number of years, one of the methods of combating the illegal trafficking in cultural artefacts has been the practice of marking them in some way.

Much work and a number of reports have already been completed on the subject of this procedure.

Has the Commission any intention of carrying out a study into the matter with a view to determining the reliability of this practice?

Answer given by Mr Oreja on behalf of the Commission (10 July 1997)

Title VI of the Treaty on the European Union provides that cooperation in the fields of justice and home affairs takes place within the Council. There are two aspects to the fight against the unlawful trade in cultural goods: the completion of the single market and the fight against theft and receiving.

As part of the completion of the single market, a Regulation and a Directive have been adopted by the Council on a proposal from the Commission. These texts relate to the export of cultural goods and the return of national treasures ((Council Regulation (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods - OJ L 395, 31.12.1992 Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State - OJ L 74, 27.3.1993 )). Measures to combat theft and receiving are a matter for intergovernmental cooperation under Title VI of the Treaty on the European Union.

The Commission does not see any obstacle to the marking of cultural goods but it is for the Member States to adopt such measures.

Such procedures would make it possible to clearly identify goods for which an export licence was sought or national treasures the return of which was desired. However, it is the Member States which issue licences or classify cultural goods as national treasures; Member States are therefore responsible for drafting and adopting provisions in this field.

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