EU primary legislation
The organs of the EU have only those competencies which have been attributed to them in the treaties (the principle of attributed powers). The regulatory capacities of the European Union are currently limited to the development of supportive measures:
Article 167 (ex 151 and 128) – Treaty on the Functioning of the European Union. “…the European Parliament and the Council acting in accordance with the ordinary legislative procedure and after consulting the Committee of the Regions, shall adopt incentive measures, excluding any harmonisation of the laws and regulations of the Member States…”
Article 36 (ex 95) – Treaty on the European Union – This articles opens for Member States to have other rules than those that follow from a directive, where this is necessary to preserve for example national treasures of (amongst others) historic values.
EU secondary legislation
2013/743/EU – Council Decision of 3 December 2013 establishing the specific programme implementing Horizon 2020 – the Framework Programme for Research and Innovation (2014-2020)
1295/2013/EU – Regulation of the European Parliament and of the Council of 11 December 2013 establishing the Creative Europe Programme (2014 to 2020)
1352/2008/EC – Decision of the European Parliament and of the Council of 16 December 2008 amending Decision No 1855/2006/EC establishing the Culture Programme (2007 to 2013)
1855/2006/EC – Decision of the European Parliament and of the Council of 27 December 2006 establishing the Culture Programme (2007 to 2013)
2011/711/EU – Commission Recommendation of 27 October 2011 on the digitisation and online accessibility of cultural material and digital preservation
2011/831/EU – Council Decision of 1 December 2011 on the practical and procedural arrangements for the appointment by the Council of four members of the European panel for the European Union action for the European Heritage Label
1194/2011/EU – Decision of the European Parliament and of the Council of 16 November 2011 establishing a European Union action for the European Heritage Label
2010/238/EU – Commission Recommendation of 26 April 2010 on the research joint programming initiative Cultural Heritage and Global Change: a new challenge for Europe
2001/C73/04 – Council resolution of 12 February 2001 on architectural quality in urban and rural environments
94/C235/01 – Council conclusions of 17 June 1994 on drawing up a Community action plan in the field of cultural heritage
86/C320/01 – Resolution of the Ministers with responsibility for Cultural Affairs, meeting within the Council of 13 November 1986 on the protection of Europe’s architectural heritage
75/65/EEC – Commission Recommendation of 20 December 1974 to Member States concerning the protection of the architectural and natural heritage.
EU legislative framework against illicit trafficking
The European Parliament and Council Directive 2014/60/EU on the return of cultural objects unlawfully removed from the territory of a Member State introduced arrangements enabling EU Member States to secure the return of cultural objects to their territory that were removed in breach of national measures.
Council Regulation (EC) No 116/2009 on the export of cultural goods ensures uniform controls at the EU’s external borders. It does so by subjecting exports to the presentation of an export licence. Individuals can obtain this document through the competent Member State authorities. This document is valid throughout the EU.
Regulation (EU) 2019/880 of the European Parliament and of the Council of 17 April 2019 on the introduction and the import of cultural goods provides rules on imports into the EU of cultural goods exported from their country of origin.
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