92000E0946

WRITTEN QUESTION E-0946/00

by Alexandros Alavanos (GUE/NGL) to the Commission

(29 March 2000)

Subject: Restitution of stolen or illegally exported cultural artefacts

A new convention on the restitution of stolen cultural artefacts is being promoted in the United Nations calling for negotiations to be held in such cases between the parties concerned.

1. Has the Commission expressed its support for the convention in question?

2. Has it proposed that the Member States sign this convention?

Answer given by Mr Bolkestein on behalf of the Commission

(12 May 2000)

As far as the Commission is aware, there are no proposals emanating from the United Nations for the adoption of a new convention on the return of stolen cultural artefacts, this issue having already been the subject of the 1995 Unidroit Convention on the international return of stolen or illegally exported cultural objects. The Commission took part in the work on drafting this Convention as an observer.

The Commission shares the general aim of combating illicit trade in cultural objects, which was the driving force behind the Unidroit Convention, but given the Community's responsibilities in this field as Community law stands at present, it has not yet registered its support for the Convention by proposing that the Member States sign it.

The Commission would like to point out that for the European Economic Area (EEA), Directive 96/100/EC of the European Parliament and of the Council of 17 February 1997 amending the Annex to Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State(1) lays down arrangements and a procedure, to be applied among the States which are party to the EEA Agreement, for the return of cultural objects which have been unlawfully removed from the territory of one of these States. This Directive is an accompanying measure to the process of completing the internal market, as its purpose is to supplement border controls in providing the means of affording suitable protection to cultural objects.

Community regulations have been taken into account by the Unidroit Convention, Article 13 of which stipulates that in their relations with each other, Contracting States which are members of organisations of economic integration or regional bodies may declare that they will apply the internal rules of these organisations or bodies and will not therefore apply as between these States the provisions of this Convention the scope of application of which coincides with that of those rules.

A declaration of this type has been made by two of the five Member States which have signed the Convention: the Netherlands, which did so upon signing the Convention, and Finland, which has already ratified the Convention, when its deposited its instrument of ratification. The other Member States which have signed the Convention to date are France, Portugal and Italy. Italy has already deposited its instrument of ratification and thus become party to the Convention.

(1) OJ L 60, 1.3.1997.