PROTECTING HERITAGE: Reinforcing the judicial dimension against destruction and trafficking

STRATEGIC DOCUMENTS

COM(2022) 800 of 13 December 2022 – EU Action Plan against Trafficking in Cultural Goods – EN

LEGAL FRAMEWORK

  • 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict, with Regulations for the Execution of the 1954 Convention  – EN
    • First Protocol, The Hague, 14 May 1954 – EN
    • Second Protocol, The Hague, 26 March 1999 – EN
    • More information – EN
  • 1956 Recommendation on International Principles Applicable to Archaeological Excavations (New Delhi Recommendation) – EN
  • 1962 Recommendation concerning the Safeguarding of Beauty and Character of Landscapes and sites – EN
  • 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property – EN
  • 1972 Convention concerning the Protecting of the World Cultural and Natural Heritage – EN
  • 1978 Recommendation for the protection of Movable Cultural Property – EN
  • 2001 Convention on the Protection of the Underwater Cultural Heritage – EN 
  • 2003 Convention for the Safeguarding of the Intangible Cultural Heritage – EN
  • 2005 Convention on the Protecting and Promotion of Diversity of Cultural Expressions – EN

  • 2011 Recommendation on the Historic Urban Landscape, including a glossary of definitions – EN

  • 2015 Operational Guidelines for the implementation of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 – EN
  • 2015 Recommendation concerning the preservation of, and access to, documentary heritage including in digital form – EN
  • 2015 Recommendation concerning the protection and promotion of museums and collections, their diversity and their role in society – EN

COUNCIL OF EUROPE

  • 1985 European Convention on Offences relating to cultural property – EN
    • Memorandum on the revision of the 1985 European Convention on offences relating to Cultural Property (by the European Committee on Crime Problemas, CDPC) – EN

EUROPEAN UNION

Export of cultural goods 

  • Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods (consolidated version) – EN  
    • Commission Implementing Regulation (EU) No 1081/2012 of 9 November 2012 for the purposes of Council Regulation (EC) No 116/2009 on the export of cultural goods – EN
      • List of authorities empowered to issue export licences for cultural goods (2018) – EN
      • List of authorities empowered to handle formalities for the exportation of cultural goods – EN

Return of cultural goods unlawfully removed from EU territory 

  • Directive 2014/60/EU of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 (recast) – EN

Import of cultural goods illicitly removed from third countries and areas of conflict 

  • Regulation (EU) 2019/880 of 17 April on the introduction and the import of cultural goods – EN

Mutual legal assistance in criminal matters

  • Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union – eur-lex
    • Protocol established by the Council in accordance with Article 34 of the Treaty on European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union – eur-lex

Mutual recognition in criminal matters

Note by the author: The legal instruments below exclude from the verification of the double criminality principle a list of offenses, among which «illicit trafficking in cultural goods, including antiques and works of art», is expressly mentioned. Other offenses of the list (participation in a criminal organisation, laundering of the proceeds of crime, computer-related crime) may be also committed against cultural goods.  In most cases, the list is in Article 2(2) of the corresponding legal instrument. 

  • Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States (2002/584/JHA) (consolidated text 2009) – eur-lex
  • Regulation (EU) 2018/1805 of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders – eur-lex
  • Directive 2011/99/EU of 13 December 2011 on the European protection order – eur-lex
  • Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention – eur-lex
  • Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters – eur-lex
  • Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings – eur-lex
  • Council Framework Decision 2005/214/JHA of 24 February on the application of the principle of mutual recognition to financial penalties – eur-lex
  • Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union – eur-lex
  • Council Framework Decision 2008/947/JAH of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions – eur-lex

Information systems and databases

  • Regulation (UE) 2018/1862 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters – eur-lex