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

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

Council Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State was adopted in 1993, when the internal frontiers were abolished, in order to protect the Member States’ cultural objects that are classified as national treasures. This Directive seeks to reconcile the fundamental principle of free movement of goods with the need for effective protection of national treasures.

The assessments of the Directive have shown that its effectiveness in securing the return of cultural objects classified as national treasures which have been unlawfully removed from the territory of a Member State and are located on the territory of another Member State is limited. The assessment reports also highlighted the need for improved administrative cooperation and consultation between the central authorities in order to enable them to better implement the Directive.

The aim of this proposal is to enable Member States to secure the return of any cultural object which is classified as a national treasure and has been unlawfully removed from their territory since 1993. The overall objective is to contribute to the protection of cultural objects in the context of the internal market.

See also Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee - Fourth report on the application of Council Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State

EUR-Lex: COM(2013)311: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2013:311:FIN

EUR-Lex: SWD(2013)188: Summary of the impact assessment http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2013:188:FIN

ESO: Background information: Easier repatriation of illegally removed national treasures http://www.europeansources.info/record/press-release-easier-repatriation-of-illegally-removed-national-treasures/

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