EU Directive on the return of cultural objects

The Act

Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State [Official Journal L 74 of 27.03.1993].

Amended by:

Council Directive 2001/38/EC of 5 June 2001 [Official Journal L 187 of 10.07.2001].

What is it?

The purpose of the Directive is to ensure the return of cultural objects classed, before or after their unlawful removal from the territory of a Member State, as "national treasures possessing artistic, historic or archaeological value" by national law or regulation in accordance with Article 36 of the EEC Treaty. These national treasures are not returnable unless they fall within one of the categories listed in the annex or, although not falling within these categories, form an integral part of public collections recorded in the inventories of museums, archives or libraries or those of church bodies. The Directive applies where such objects have been removed from the territory of a Member State unlawfully, i.e. in breach of the rules in force there or of the conditions under which temporary authorisation was granted.

The Member States may broaden the scope of the return system to national treasures that do not belong to the any of the categories given in the annex and/or which have been unlawfully removed from the territory of a Member State before 1 January 1993.

Member States must return unlawfully exported cultural objects irrespective of whether they have been moved within the Community or first exported to a non-member country and then re-imported.

Member States' central authorities are required to coordinate measures for the return of cultural objects, particularly in seeking those which have been unlawfully removed from the territory of a Member State.

Only the courts of the Member State where the cultural object is found will have the authority to order its return to the requesting Member State if the possessor or holder should refuse to release the object.

Only a Member State may initiate proceedings with the aim of securing the return of a cultural object. Private owners of cultural objects may only bring proceedings provided for under ordinary law.

Return proceedings may not be brought more than one year after the requesting Member State becomes aware of the location of the cultural object and the identity of its possessor or holder.

Such proceedings may in any case not be brought more than 75 years after the object is unlawfully removed from the territory of the requesting Member State, except in the case of objects forming part of public collections or church property recognised as not being subject to a time-limit.

When the return of a cultural object is ordered, if the possessor proves that he exercised all due care when acquiring the object he is entitled to fair compensation.

The Member States will send the Commission a report every three years on the application of this Directive, starting in February 1996. (15.03.1994 for Belgium, Germany and the Netherlands.)

For more information

This information has been taken and reproduced from the official website of the European Commission. For more information on the EU legislation, consult http://europa.eu.int/scadplus/leg/ (select the language of your choice and then the category culture).

More information regarding the national application of this directive can be obtained from the national trade associations which can be accessed through this website or from the CINOA secretariat.