Brussels, 30/05/2013 (Agence Europe) - The European Commission is proposing new measures to help member states recover cultural goods that have illegally been removed from their territory.
Industry Commissioner Antonio Tajani suggested, on Thursday 30 May, new measures for reinforcing the restitution mechanisms available to member states. This would make up for the shortcomings of current legislation to ensure the repatriation of cultural goods classed as national treasures of an artistic, historical or archaeological nature (or which are an integral part of public collections or of the inventories of ecclesiastical institutions), which come under Directive 93/7/EC.
According to the national reports, the Commission explains, Directive 93/7/EEC and its annex are only rarely used and have little effect. The annex contains a list of different categories of cultural goods that qualify for return to their native member state listed by age and by a certain value or financial threshold (e.g. archaeological objects more than 100 years old, pictures and paintings executed by hand more than 50 years old and with a value of €150,000). This does not, therefore, sufficiently deter criminals dealing in cultural goods, any more than it prevents the trafficking of goods from unknown sources.
The European Commission therefore proposes to strengthen the current text with measures that would allow a larger number of cultural goods, classified as national treasures, to be repatriated. The proposed changes would apply to those cultural goods classified as national treasures unlawfully removed after 1993 that are now located on the territory of another member state. It therefore suggests that the scope of the definition of cultural goods should be extended in order to include all cultural goods classified as “national treasures of artistic, historic or archaeological value”. It also proposes that the deadline for initiating return proceedings should be extended in the courts of the country where the property is now located. The European Commission considers it necessary to place the burden of proof on the possessor of the cultural good (if compensation is sought). Finally, it hopes to improve the information system to facilitate information exchange between national authorities.
Tajani takes the view that: “Safeguarding the cultural heritage of all member states is of major importance to the European Union. Our proposal is therefore necessary to further strengthen the effectiveness of the fight against illegal trafficking in cultural goods. The harmful effect on our national treasures represents a serious threat to the preservation of the origins and history of our civilisation”.
The proposal is to be examined by the European Parliament and Council. Once the proposal is adopted, member states will have one year in which to comply with the new provisions. (EH/transl.jl)