“Impact of EU policies and directives on European cultural heritage diversity and sustainable safeguarding; impact

of cultural heritage research results on society and support for policy needs"

09:00 – 10:30June 2, 2006

Prague

Programme

Session V - Impact of EU policies and directives on European cultural heritage diversity and sustainable safeguarding; impact of cultural heritage research results on society and support for policy needs

Chairperson: Terje Nypan (N) Rapporteur: Johanna Leissner (D)

1 9.00-9.15

Nypan Terje (N) The challenge of EU policies for cultural heritage: Impact of EU Directives?

2 9.15-9.25

Akerboom Jacques (NL)

Impact of EU directives on small enterprises acting in cultural heritage field - Monumentenwacht experience

3 9.25-9.35

Nesti Chiara (I) The Preservation of the Cultural Heritage of Property through an Analysis of European Regulations. The Example of Natural Bondings

4 9.35-9.45

Tolve Francesca (I) An analysis of research projects on conservation of paper and textile artefacts of historical, cultural and artistic value financed under EU Programmes (Period 1995 – 2005)

5 9.45-9.55

Papayianni Joanna (GR)

Applying Research Results into Practice in the Field of Repairing Masonry Monuments

6 9.55-10.05

Cassar May (UK) Towards Evidence for Policy Development in the Area of Climate Change and World Heritage’

7 10.05-10.15

Martelli-Castaldi Monica (I)

E.C.C.O - Legal issues of the Conservation-Restoration profession

8 10.15-10.25

Maxwell Ingval (UK) Fire Loss to Historic Buildings

Coffee break

Terje M. Nypan, Senior adviser, Riksantikvaren

Terje.nypan@ra.no

The challenge of EU policies for cultural heritage:

What is the problem with some EU Directives? 

Viscri-Weisskirch (1281) Transylvania,

affected by Directive on Biocidal Products 98/8/EC

© T. Nypan / Riksantikvaren

EU & Cultural Heritage

• An important job of the European Union is the protection of cultural heritage. Cultural heritage, after all, is a reflection on the identity of the different European nations. What’s more, cultural heritage plays a significant role in the tourism and economic sectors. The European Union, likewise, has an important part to play in drawing up legislation, for example, with respect to the protection of the environment and the improvement of working conditions.

• Nevertheless, in a number of cases, legislation drawn up by the EU has - unwittingly - had a reverse effect on the safeguarding of Europe’s cultural heritage

• [1]. [1] Mission Statement of the Working Group on EU Directives and Cultural Heritage.

art. 151-4 of the Treaty calls for the general inclusion of cultural aspects in all Community policies

1. Biocidal Products 98/8/EC2. Construction Products 89/106/EEC3. Energy Efficiency 93/76/EEC4. Energy Performance in Buildings 2002/91/EC5. Environmental Impact Assessment 85/337/EEC6. Health Conditions on Fishery Products 91/493/EEC7. Lifts 95/16/EEC8. Machinery 98/37/EEC9. Natural Habitats 92/43/EEC 10.Passenger Ship Safety 98/18/EC11.Toxic Products 76/769/EEC12.Working Places 89/391/EEC13.Purchasing Directive (Directive COM (2003) 503)14.Directive relevant to fire safety regulations15.Restriction of Hazardous Substances, EU Directive 2002 95/EC 16.Waste Electrical & Electronic Equipment, EU Directive 2002 96/EC 17.The water Directive, EU-Directive 2000/60/EG18.EU Draft Directive on reduced rates of VAT COM (2003) 397 final19.Proposal for Directive on Geographic information in the EU (INSPIRE) COM

(2004)51620.Limitation of Volatile Organic Compounds 99/13/EC21.COM (2003) 319, on the management of waste from extractive industries Limitation of Volatile Organic Compounds 99/13/EC

D I R E C T I V E S

Consequences & effects are multiple,areas not anticipated

• Set performance demands only to be solved by intrusive techniques and modern non compatible products.

• Problems for production of traditional materials.• Problem for continued intended use of historic buildings and

techniques; not allowed, made too costly or cumbersome to be applicable.

• Problems for use of traditional techniques and maintenance of needed skills; for buildings as well as artefacts.

• Traditional wood tar can no longer be bought. Affects historic ships and wooden architecture.

Demands that all doors where public have access must open outwards! This implies changing the direction of the doors in all buildings from before 1890.

• Pipe organs cannot be repaired• Stock fish can no longer hang on wood as has been tradition a

thousand years.• THREATHENS HISTORIC AUTENTICITY OF CULTURAL

HERITAGE. Promoting transformation into “Disneyland culture”?

Culture & the EU Treaty• The organs of the EU have only those competencies which

have been attributed to them (the principle of attributed powers). This is important for the EU competencies to regulate culture related questions,

• and article 151.4 gives the EU the right to initiate supportive measures, but not restricting measures.

• The rules concerning the 4 freedoms have a wide scope and may have indirect repercussions on the cultural sector.

• But cultural considerations are recognised in the EC Treaty and in the practice of the EU-court as legitimate reasons for trade restrictive measures in areas not regulated by directives.

• Article 95 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.

But cultural policies important to EU

• Cultural policy, Culture 2000 programme

• Commissioner Jan Figel (Descember 2005) stated at the

end of the meeting: “a common vision for cultural heritage is an absolute necessity, especially in the light of art. 151- 4 of the Treaty, which calls for the general inclusion of cultural aspects in all Community policies”. (…)

“However, I do not feel that an effective implementation of art.151- 4 does require a cultural–impact assessment or a permanent monitoring system, nor periodical reports on this subject.”

Research• Map and determine the scope and consequences of this

problem. A: long term effects? B: Relationship between a given law and consequences in the field or ‘in situ’? C: What are the wider consequences for cultural heritage and society at large of a given law?

• Monitor the legal process and seek solutions; a field for social scientists and lawyers, A: supply background documentation assist government and other agencies (refer 1.). B: Legal research into competencies and their delimitations for the players.

• Develop new products and techniques that could remove or minimise problems created by substitution of products, development of alternative techniques or alternative methods for applying techniques, etc

• Not all the problems created by the legislation may be solved by new approaches; Important to document need for old techniques, materials and practices that are not substitutable.

• Economic income and employment potential of cultural heritage and their main attractors for consumers

• Research and develop communication and development tools and strategies for cultural heritage to strengthen

• “a common vision for cultural heritage (is an absolute necessity, especially) in the light of art. 151-4 of the Treaty, which calls for the general inclusion of cultural aspects in all Community policies”. (…) Culture Counts for Europe, Brussels December 7, 2005. Organised by Europa Nostra, in cooperation with the European Economic and Social Committee.

3 (4) elements

• 1. Cooperation and shared responsibility on an European basis between competent cultural heritage authorities and other players.

• 2. A legal tool: the Clause of special considerations.

• 3. An organisation tool (with communication tools): The Legal Observatory.

LEGAL TOOL

ORGANISATION TOOL

COOPERATION

•4. (Research support to policies.)

Cooperation

• EU programmes have contributed

• The Working Grouop on EU Directives and Cultural Heritage

• Europa Nostra – EU Prize.

• UK Directors meeting 2006

• A closer cooperation between European Cultural Heritage Authorities

• A Legal Observatory

LEGAL TOOL

ORGANISATION TOOL

COOPERATION

“For the purposes of restoration and maintenance of buildings [1] ….designated by competent authorities as being of particular historical and cultural value, Member States may grant individual licences for the sale and purchase in strictly limited quantities of products which do not meet the VOC limit values laid down in Annex II”.[2]

[1] The generic term for buildings would be cultural heritage buildings, sites, landscapes and other objects …. As designated by….[2] Directive COM (2002) 750, amending Directive 1999/13/EC, on the limitation of emissions of volatile organic compounds due to the use of organic solvents in decorative paints and varnishes and vehicle refinishing products

Clause of special considerations

• The template is a clause in the VOC Directive

LEGAL TOOL

ORGANISATION TOOL

COOPERATION

Legal Observatory

• Need to:• Monitor the EU legal processes • Timely inform authorities and policy makers• Authorities and policy makers must take action

when a potential problem is discovered • Monitor = map progress of legal acts through

”production-line”, identify intervention windows of

opportunity (hearings, readings, consultations, revisions, and expert groups etc.).

• Observatory functions in 2007; a question of ? • support to policies!

LEGAL TOOL

ORGANISATION TOOL

COOPERATION

“Session D: Support of Cultural Heritage to Policy Needs"

June 2, 2006Prague

Impact of EU directives on small enterprises acting in cultural heritage field - Monumentenwacht experience.