Return of illegally removed cultural objects

Illegal trafficking of cultural objects is one of the most profitable of criminal activities. The European Union, with its border-free internal market and substantial cultural and historical heritage, is considered to be particularly affected by such illegal trade.

When internal borders were abolished in 1993, a Directive on the return of unlawfully removed cultural objects was adopted to protect national treasures. It stipulates the cultural objects which are covered and specifies the conditions for their return.

Since then, the European Commission has carried out four evaluations of the 1993 Directive's implementation. These have concluded that the Directive is rarely used, due to its limited scope, its restrictive procedural time limits and the high costs associated with claiming the return of cultural objects.

In May 2013 the Commission proposed revisions to the Directive to extend its scope, lengthen time limits, place the burden of proof on the holder of an illegally moved national treasure, and to set some common criteria for harmonised implementation.

Earlier public consultation had revealed that a majority of public authorities were in favour of revising present rules, whereas many private-sector stakeholders (e.g. antiquities dealers) would prefer improvements in administrative cooperation within the existing framework.

• Primary Source