February 22, 2013
New legislation proposed by the European Commission may help EU member states to recover artefacts that they believe have been illegally removed from their country. The clear limitation though, is that this would only work when both countries are EU members – which instantly strikes the majority of high profile restitution cases off the list of ones covered by the legislation. Although, the Parthenon Marbles would of course be covered.
Until more details of the legislation are published, it is hard to guage what the actual impact of it might be.
New legislation to facilitate recovery of illegally removed national treasures
Article | February 19, 2013 – 1:52pm | By Elena Ralli
The European Commission is planning to help Member States recover national treasures which have been unlawfully removed from their territory by amending its current legislation that has several inadequacies. Consequently, the European Commission Vice-President Antonio Tajani proposed today to strengthen the possibility for restitution available to Member States.
As Vice-President Antonio Tajani, responsible for Industry and Entrepreneurship stated: “Safeguarding the cultural heritage of all Member States is of major importance to the European Union. Our proposal is therefore necessary to further strengthen the effectiveness of the fight against illegal trafficking in cultural goods. The harmful effect on our national treasures represent a serious threat to the preservation of the origins and history of our civilization.”
The proposed changes would apply to cultural goods classified as “national treasures” unlawfully removed after 1993 that are now located on the territory of another Member State.
The suggestions regarding the amendment of the legislation include extending the scope of the definition of cultural goods, extending the deadline for initiating return proceedings in the courts of the country where the property is now located, using the internal market information system to facilitate administrative cooperation and information exchanges between national authorities and finally, asking any possessor of an object requiring compensation for returning the object to prove it was not knowingly acquired illegally.
Illegal trafficking of cultural goods covers a wide range of activities from the unlawful removal of cultural property without compulsory permission, to trade in stolen goods.
- United Nations draft resolution on return of cultural property : December 5, 2006
- The UK is not going to become a haven for looted art? : November 30, 2006
- Greece introduces draft UNESCO resolution on restitution of cultural property to countries of origin : December 18, 2012
- New Zealand takes measures to protect cultural heritage : August 3, 2006
- The scale of the illegal antiquities trade : September 7, 2005
- Parliamentary bill on Nazi-looted art : April 23, 2009
- New law could remove legal requirements for underwater excavations in Alabama : March 30, 2012
- UNESCO, Nok terracotta & The Met : July 27, 2008