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Traders and Collectors, Provenance and the Law import of cultural property’ as established in Article 7 of the UNESCO 1970 Convention. Currently, only four EU Member States have not ratified the UNESCO 1970 Convention: Austria, Ireland, Latvia and Malta. One solution to this problem would therefore be the ratification of the UNESCO 1970 Convention by the EU as a whole. The EU did join the UNESCO 2005 Convention on Cultural Diversity in 2006 17 . However, UNESCO 2005 Convention provides in Article 29 for accession by ‘regional economic integration organization’. Similar provisions are absent from the 1970 UNESCO Convention and the UNIDROIT 1995 Convention, both of which only allow States to join the Convention. Since EU ratification of the UNESCO 1970 Convention is not permitted – unless the Convention is amended by a protocol – the only option is to adopt a new EU regulation on import restrictions. A recent proposal led by Germany calls for the adoption of an EU import regulation in order to combat the trafficking in cultural property into the European market. Such an instrument would also improve the implementation of the UNESCO 1970 Convention in EU Member States already party to the Convention. An important first step was taken in the realization of this proposal through its inclusion in the Work Plan for Culture (2015-2018) as adopted by the Council on 25 November 2014. The Commission will prepare a study until 2016 on ‘Illicit trafficking of cultural objects, including EU import rules for cultural objects illegally exported from third countries’ 18 . Conclusion and future perspectives This article provides an overview of the existing EU law on cultural property. Although the existing legal instruments (Regulation 116/2009, a codification of Regulation 3911/92, and Directive 2014/60/EU, a recast of 93/7/EEC) were adopted in conjunction with the creation of the SEM in 1993, and thus derive from the necessity to reconcile the free movement of goods with the right of Member States to protect their national cultural patrimony, further legislation is needed on EU level. The destruction, looting and trafficking in cultural property – especially in Iraq and Syria, but also in other States and regions in political unrest – have demonstrated the need for the EU to move beyond protections that only apply to the national cultural property of EU Member States. Therefore, the adoption of Regulation 1210/2003 on Iraqi cultural property and of Regulation 1332/2013 on Syrian cultural property that ban the import, export and trade of these objects, as well as the introduction of provisions, which shift the burden of proof in both instruments, indicate that the EU is moving in the right direction in combating trafficking in cultural property. It is, however, not only the crises in Syria and Iraq, but also the growing number of EU Member States ratifying the UNESCO 1970 Convention (Luxembourg in early 2015 and Austria in July 2015) that illustrate the need for further action on EU level. Without additional legislation, EU Member States are not in a position to meet their legal obligation under the Convention, since they ceded their competence on import controls to the EU through the creation of the SEM. Therefore, the EU must not only improve existing mechanisms – as it did through the recasting of the 1993 Directive in May 2014 – but also close loopholes, such as the lack of an import regulation on cultural property originating from outside the EU. The provision on due diligence in Article 10 of the new directive provides hope that EU legislation can increase the standards in dealing with cultural property in the SEM and maybe even beyond. 147
Robert Peters The path to fighting against the traffick in cultural property should not be difficult. In fact, a simple equation is sufficient: illegally exported cultural property from one State should be considered as illegally imported into another State. This simple equation should be the basis for future legislation, be it on national, EU or international level. Notes and References 1. See ex Article 151 of the EC Treaty (TEC). 2. See ex Article 28 and 29 TEC. 3. See ex Article 30 TEC. 4. There are six official languages of the UN: Arabic, Chinese, English, French, Russian and Spanish. All 24 EU Member State languages are official languages. 5. UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (Paris, adopted 14 November 1970, entering into force 24 April 1972), 823 UNTS 231. 6. As of September 2015, 129 States Parties (by acceptance, ratification, or notification of succession). See current status of States Parties. URL: < http://www.unesco.org/eri/la/ convention.asp?KO=13039&language=E > [accessed 2 September 2015]. 7. Council Regulation (EEC) No. 3911/92 of 9 December 1992 on the Export of Cultural Goods, OJ L 395/1, 31 December 1992. 8. Regulation (EC) No. 116/2009 of 12 December 2008 on the Export of Cultural Goods, OJ L 39, 10 February 2009. 9. The legal basis for the enactment of regulations is Article 288 TFEU (ex Article 249 TEC). 10. Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the implantation of Council Regulation (EC) No. 116/2009 of 18 December 2008 on the export of cultural goods (1 January 2011 - 31 December 2013) of 1 April 2015 (COM(2015) 144 final, Annex 1). 11. See Report (footnote 12), Annex 5. 12. Directive 93/7/EEC on the Return of Cultural Objects Unlawfully Removed from the Territory of a Member State, 15 March 1993 OJ L74/74, 27 March 1993. 13. Directive 2014/60/EU on the Return of Cultural Objects Unlawfully Removed from the Territory of a Member State of 15 May 2014, OJ L 159/1, 28 May 2014. Member States have 18 months to transpose the new provisions of the Directive into national law (until 19 December 2015). 14. UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Rome, adopted 24 June 1995, entering into force 1 July 1998, 34 ILM 1322. 15. Council Regulation (EC) No. 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96, OJ L 169 of 8 July 2003. 16. Council Regulation (EU) No. 1332/2013 of 13 December 2013 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, OJ L 335/3 of 14 December 2013. 17. Convention on the Protection and Promotion of the Diversity of Cultural Expressions of 20 October 2005. 18. Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council on a Work Plan for Culture 2015-2018, 148
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Cultural objects disappear every da
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Countering Illicit Traffic in Cultu
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Foreword The International Council
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France Desmarais is the Internation
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Marina Schneider studied Law at the
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An International Observatory on Ill
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Introduction illegal import and exp
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Introduction Countering Illicit Tra
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Günther Wessel Dealers and Collect
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Searching for Traces IFAO). Shortly
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Searching for Traces antiquities fr
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Searching for Traces In the spring
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Searching for Traces Langlotz’s 1
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The Internet Market in Antiquities
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The Conflict Antiquities Trade: A H
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The Conflict Antiquities Trade De C
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The Conflict Antiquities Trade (Ply
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Donna Yates • Ceramics. Ceramics
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Monica Hanna Documenting Looting Ac
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Looting Activities in Post-2011 Egy
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