Council Resolution

of 21 January 2002

on the Commission report on the implementation of Regulation (EEC) No 3911/92 on the export of cultural goods and Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State

(2002/C 32/03)

THE COUNCIL OF THE EUROPEAN UNION,

NOTING THAT:

(1) On 25 May 2000 the Commission submitted to the European Parliament and to the Council a report on the implementation of Regulation (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods(1) and Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State(2).

(2) On 12 June 2001 the European Parliament adopted a Resolution on the Commission report on the implementation of Regulation (EEC) No 3911/92 and Directive 93/7/EEC.

(3) The protection of national treasures of artistic, historical or archaeological value can be effectively guaranteed by the Member States only by means of cooperation at national, Community and international level. Such cooperation presupposes, within the institutions and the Member States, a coordinated approach by the various sectors concerned, such as customs, culture and police.

(4) International organisations have drawn up instruments designed to promote this protection, such as the 1970 Unesco Convention, the 1985 Council of Europe Convention and the 1995 Unidroit Convention.

(5) Regulation (EEC) No 3911/92 and Directive 93/7/EEC constitute, at Community level, the legal instruments necessary for the protection of the cultural heritage of the Member States by organising an appropriate framework for cooperation.

(6) Every three years, on the basis of economic and monetary indicators in the Community, the Council, on a proposal from the Commission, undertakes an examination and, where appropriate, updating of the amounts set out in the Annexes to Regulation (EEC) No 3911/92 and Directive 93/7/EEC.

(7) Cooperation between Member States could also be strengthened, taking account in particular of possible developments in the area of police and judicial cooperation.

(8) The implications of the forthcoming enlargement of the European Union for the implementation of the existing legal framework should be taken into consideration. In this connection, the exchange of information and experience with a view to establishing a framework conducive to the adoption and implementation of the acquis communautaire is of definite importance,

TAKES NOTE of the Commission's four initiatives for:

1. establishing guidelines for the administrative cooperation between the Member States provided for by Regulation (EEC) No 3911/92 and by Directive 93/7/EEC;

2. the initiation of a study on the traceability of cultural goods;

3. the launching of discussions with all the circles concerned in the context of the forum on the prevention of organised crime;

4. maximum use of new technologies to improve the implementation of Regulation (EEC) No 3911/92 and of Directive 93/7/EEC,

INVITES THE MEMBER STATES TO:

1. exploit to the full the protection afforded by Regulation (EEC) No 3911/92 and Directive 93/7/EEC by intensifying the cooperation established by these two legal instruments;

2. cooperate closely with the Commission as regards its initiatives described hereinafter for improving and structuring administrative cooperation between and within Member States in order to improve the effectiveness of Regulation (EEC) No 3911/92 and Directive 93/7/EEC;

3. improve this administrative cooperation by using the possibilities afforded by the development of police and judicial cooperation in criminal matters.

INVITES THE COMMISSION TO:

1. pursue the initiatives it has already launched to contribute more effectively to the protection of the Member States' cultural heritage and to the effective functioning of the mechanisms set up by Regulation (EEC) No 3911/92 and by Directive 93/7/EEC and develop, if necessary, other initiatives, for example a work programme, in the context of the Advisory Committee on cultural goods;

2. pay particular attention, in the framework of enlargement negotiations, to the full application of Regulation (EEC) No 3911/92 and Directive 93/7/EEC when the candidate countries accede, while ensuring the establishment of administrative structures and capacities that can provide the Union's new external borders with the highest degree of protection of the cultural heritage of the Member States.

(1) OJ L 395, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 974/2001 (OJ L 137, 19.5.2001, p. 10).

(2) OJ L 74, 27.3.1993, p. 74. Directive as last amended by Directive 2001/38/EC of the European Parliament and of the Council (OJ L 187, 10.7.2001, p. 43).