What changed

B90170/2024

B90180/2024

European Parliament resolution on the return of Romanian national treasure illegally appropriated by Russia

The European Parliament,

– having regard to Articles 6 and 167 of the Treaty on the Functioning of the European Union (TFEU), particularly to Articles 6, 36 and 167 thereof,

– having regard to the Preamble to andTreaty toon ArticlesEuropean 2,Union 3,(TEU), 4particularly andto 21the ofpreamble thethereto Treatyand onto EuropeanArticle Union3(3) (TEU),thereof,

– having regard to the Preamble to and1954 ArticleHague 22Convention offor the CharterProtection of FundamentalCultural RightsProperty ofin the EuropeanEvent Union,of Armed Conflict,

– having regard to the 1954 Hague Convention foron the ProtectionMeans of CulturalProhibiting Propertyand inPreventing the EventIllicit ofImport, ArmedExport Conflict,and toTransfer theof FirstOwnership Protocolof thereto,Cultural asProperty, applicableadopted toby occupiedthe territories,UNESCO andGeneral toConference theat Secondits Protocol16th thereto,session on the enhanced protection of14 culturalNovember property,1970,

– having regard to Article 8(2) of the Rome Statute of the International Criminal Court

– having regard to Directive 2014/60/EU of the European Parliament and of the Council 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,

– having regard to the Council of Europe Convention on Offences relating to Cultural Property (Nicosia Convention),

– having regard to the Universal Declaration of Human Rights of 10 December 1948,

– having regard to the Council conclusions of 21 June 2021 on the EU approach to cultural heritage in conflicts and crises,

– having regard to the UNESCO Convention Concerning the Protection of World Cultural and Natural Heritage of 16 November 1972,

– having regard to the UNESCO Declaration Concerning the Intentional Destruction of Cultural Heritage of 17 October 2003,

– having regard to the International Covenant on Civil and Political Rights of 16 December 1966,

– having regard to the 2015 report on ‘Cultural Heritage Counts for Europe’,

– having regard to the Commission communication of 22 May 2018 entitled ‘Building a stronger Europe: the role of youth, education and culture policies’ (COM(2018)0268),

– having regard to the Commission communication of 22 May 2018 entitled ‘A New European Agenda for Culture’ (COM(2018)0267),

– having regard to the Commission communication of 14 November 2017 entitled ‘Strengthening European Identity through Education and Culture – The European Commission’s contribution to the Leaders’ meeting in Gothenburg, 17 November 2017’ (COM(2017)0673),

– having regard to the United Nations Declaration of Principles of International Cultural Co-operation,

– having regard to the Rome Declaration of 25 March 2017, endorsed by the leaders of the 27 Member States and of the European Council, the European Parliament and the Commission,

– having regard to its previous resolution of 17 September 2020 on the cultural recovery of Europe,

– having regard to its resolution of 14 December 2022 on the implementation of the New European Agenda for Culture and the EU Strategy for International Cultural Relations,

– having regard to its resolution of 5 July 2017 entitled ‘Towards an EU strategy for international cultural relations’,

– having regard to its resolution of 20 January 2021 on achieving an effective policy legacy for the European Year of Cultural Heritage,

– having regard to its resolution of 17 January 2019 on cross-border restitution claims of works of art and cultural goods looted in armed conflicts and wars,

– having regard to its resolution of 11 December 2018 on the New European Agenda for Culture,

– having regard to the Council conclusions of 22 January 2018 on the integrated approach to external conflicts and crises,

– having regard to the Council conclusions of 8 June 2018 on the need to bring cultural heritage to the fore across policies in the EU,

– having regard to the Commission communication of 13 December 2022 on the EU Action Plan against Trafficking in Cultural Goods (COM(2022)0800),

– having regard to the final declarationCouncil of theEurope UNESCOFramework WorldConvention Conferenceof 27 October 2005 on Culturalthe PoliciesValue andof SustainableCultural DevelopmentHeritage –for MONDIACULTSociety 2022,(CETS No 199),

– having regard to Petition No 1168/2023 by Mihai Igna (Romanian), on behalf of the Association ‘Together we bring prosperity’ (Impreuna aducem bunastare), asking for the restitution of Romanian national treasure and historical archives from Russia,

– having regard to the Council of Europe Convention of 19 May 2017 on Offences relating to Cultural Property (CETS No 221),

– having regard to the general principles of international law recognised by states, such as the principle of sovereignty and non-interference, the principle of good faith and the principle of the peaceful settlement of disputes,

– having regard to Rule 132(2) of its Rules of Procedure,

A. whereas culture has an intrinsic value as an expression of humanity, democracy and civic engagement, which can be key to advancing sustainable development;

A. whereas a state’s gold reserves serve as a crucial financial asset, providing stability to its currency and bolstering confidence in the nation’s economic strength;

B. whereas Europe is a community of cultures and unique cultural heritage based on shared values, history and continued integration;

B. whereas a state’s gold reserves play a unique and long-term role in finance and economics, representing a key component of the currency reserves that nations hold; whereas during financial crises, central bank gold reserves function as a safe-haven asset in periods of market turmoil;

C. whereas cultural heritage constitutes one of the basic elements of civilisation, given, for example, its symbolic value and that it represents humankind’s cultural memory of uniting people; whereas culture and cultural heritage have great potential for promoting the values of the European Union, for strengthening its diverse identities and for helping to achieve its goals at a global level, as well as for contributing to solving global challenges;

C. whereas the preamble to the TEU states that the signatories draw ‘inspiration from the cultural, religious and humanist inheritance of Europe’ and desire to ‘deepen the solidarity between their peoples while respecting their history, their culture and their traditions’, and Article 6 TFEU lists culture as a policy area under the ‘categories and areas of Union competence’, with different actions that can be undertaken by the EU to ‘support, coordinate or complement the action of Member States’; whereas under Article 36 TFEU, Member States have the prerogative to define their national treasures within their jurisdiction and to implement the requisite measures for their safeguarding;

D. whereas the cultural dimension of European integration remains by far the least developed dimension as regards the active involvement, or rather lack thereof, of the European institutions;

D. whereas EU law does not offer guidelines or a general classification of what constitutes a national treasure, since defining this is not a competence of the EU; whereas the term ‘national treasure’ is often subsumed under a variety of umbrella terms, such as ‘cultural goods’ and ‘cultural objects’;

E. whereas the looting and illicit destruction of cultural heritage pose a major threat to what makes Europe unique, namely its long-standing and varied cultures and cultural heritage;

E. whereas the term ‘Romanian national treasure’ comprises the gold reserves of the National Bank of Romania, which consist of gold ingots and rare coins with a numismatic and cultural value that is distinct from the value of the gold itself, as well as cultural and artistic goods belonging to the country’s national heritage;

F. whereas the Romanian national treasure is a collection of valuable cultural, religious and historical objects, gold treasure weighing 91.48 tonnes, valued today at over EUR 5 billion, royal collections of jewels and rare coins, as well as historical archives; whereas according to an agreement between Romania and the Kremlin, Russia was to keep this treasure safe until its return to Romania was possible; whereas in early 1918, the new Soviet Government severed all diplomatic relations with Romania and confiscated the Romanian national treasure, resulting in parts of it, including all of the gold treasure, being illegally held by Russia up to the present day;

F. whereas there are legislative grounds for the return of cultural goods and national treasures that have been removed from the territory of an EU country unlawfully through a breach of the legislation in force or a breach of the conditions under which temporary authorisation was granted for their removal;

G. whereas a Romanian-Russian Joint Commission was created to discuss the restitution of the Romanian national treasure and was active between 2003 and 2019; whereas during Joint Commission meetings, evidence was presented by the Romanian delegates regarding the Romanian national treasure held in Moscow, including the original documents concerning the transfer to Russia of the gold treasure, which had been kept by the National Bank of Romania, under the condition that it would be returned at the end of the conflict; whereas this evidence was not contested by Russia, which acknowledged its duty to return the treasure;

G. whereas the illegal seizure of Romania’s national treasure by Russia is a flagrant breach of international norms and customs, as the transfer of the state’s gold reserves, along with a substantial collection of cultural, artistic and archival goods, into the custody of another state for safekeeping in exceptional circumstances was covered by an official agreement supported by appropriate protocol documents and legal guarantees of return, the stipulated obligations of which were ignored;

H. whereas the Romanian national treasure holds immense historical and cultural value for the people of Romania, who seek its restitution, which would allow for justice and historic reparation following the treasure’s illegal confiscation and their being prevented from accessing their rightful heritage;

H. whereas the restitution of the appropriated Romanian national treasure is of great importance for both the institutional and national memory of the country;

I. whereas other European countries also experienced looting by Nazi Germany and the Soviet Union simultaneously; whereas it has been estimated that over 516 000 works of art from Poland were stolen or damaged during the Second World War due to systematic looting by Nazi Germany and the Soviet Red Army, including by specialised ‘trophy brigades’; whereas Poland has submitted about 20 requests to the Russian authorities for the return of thousands of items stolen during the Second World War; whereas the requests submitted by Poland to Russia in September 2022 included a formal restitution request for the return of seven paintings which Soviet forces stole from museums and palaces and which can be now traced to the Pushkin State Museum of Fine Arts in Moscow;

I. whereas Romania has a fully valid claim to its gold reserves that were evacuated to Moscow in 1916 and 1917;

J. whereas the restitution of cultural heritage unlawfully removed from a country of origin is crucial for the preservation and appreciation of cultural diversity and for the protection of the universal value of cultural heritage;

J. whereas bringing about the return of the Romanian national treasure requires a tailor-made European response;

K. whereas Russia’s actions concerning the Romanian national treasure are not isolated; whereas numerous European nations, such as Poland, Ukraine and Latvia, have experienced similarly abusive actions from Russia over the centuries;

1. Recalls that the illicit appropriation of Romania’s national treasure by Russia is the only international case in which a state’s monetary gold reserves and objects that are part of that state’s national heritage were entrusted to another country for safekeeping, under an agreement set out in proper protocol documents giving legal guarantees of return, and the obligations were ultimately disregarded, in breach of international norms and customs;

L. whereas the fight against Russian imperialism and aggression must encompass efforts towards the restitution and preservation of European cultural heritage, including the Romanian national treasure;

2. Recognises that the national treasure deposited for safekeeping in Moscow in 1916 and 1917 during the difficult times of the First World War, with the Government of Imperial Russia’s guarantee regarding the safety of transport, the safety of deposit and the safety of return to Romania, is an unparalleled international case of illegal appropriation of gold reserves and heritage objects and a matter of perpetual concern to Romanian society;

M. whereas Russia has demonstrated a pattern of aggression, not only by seeking to expand its territorial influence but also by destroying our common European identity, our values and our European heritage;

3. Notes that the First World War forced the Romanian Government of the time to entrust Romania’s national treasure to an allied state for protection against destruction; recalls that, during the wartime hardships, dozens of train carriages transported the majority of Romania’s national treasure to Tsarist Russia for safekeeping until times of peace, with a detailed inventory documenting the gold reserves of the National Bank of Romania, under Russia’s guarantee of protection and return, as witnessed by other states at the time; underlines that the national treasure legally given into Russian custody comprised 91.5 tonnes of fine gold belonging to the reserves of the National Bank of Romania, royal collections of jewels and rare coins, together with priceless cultural and historical assets, such as state archives, documents, precious historical manuscripts, heritage paintings, rare books and collections from many public and private institutions, spanning over five centuries of Romanian history;

N. whereas Article 167(1) TFEU states that the EU must ‘contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore’; whereas it also specifies that the EU can achieve this by ‘encouraging cooperation between Member States’ and, if necessary, by ‘supporting and supplementing their action’ in specific areas; whereas these areas include the ‘improvement of the knowledge and dissemination of the culture and history of the European peoples’ and the ‘conservation and safeguarding of cultural heritage of European significance’;

4. Emphasises that, despite several attempts at diplomatic negotiations in the aftermath of the First World War, the Romanian national treasure has never been fully returned by Russia, as had been legally stipulated in the official bilateral agreement between the two states;

O. whereas the EU, as an international organisation with personality under international law (Article 47 TEU), may maintain relations with other organisations and should attach particular importance to cooperation with the UN and its specialised organisations, as well as to concluding international agreements;

5. Notes that most of the cultural, artistic and archival goods belonging to the national treasure illegally appropriated by Russia were returned to Romania in 1935 and 1956; highlights that, to date, however, none of the outstanding 91.5 tonnes of fine gold, which are part of the reserves of the National Bank of Romania, have been returned;

P. whereas Article 167(4) TFEU also adds that the EU ‘shall take cultural aspects into account in its action under other provisions of the Treaties’;

6. Expresses its concern that, despite the creation of the Romanian-Russian Joint Commission of experts mandated to enable discussions on this issue, efforts to bring about the return of the Romanian national treasure – and thus to ensure the return of the illegally seized gold reserves of the National Bank of Romania – through bilateral diplomatic channels between Romania and Russia have been met with reluctance on Russia’s part to return what previous regimes have unlawfully kept in disregard of the restitution protocols that were signed;

Q. whereas in the Rome Declaration of 25 March 2017, EU leaders pledged to work towards a ’Union which preserves our cultural heritage and promotes cultural diversity’;

7. Considers that the invasion of Ukraine by Russia must lead to a reassessment of EU-Russia relations in the future, which will comprise unprecedented diplomatic dynamics and requests, such as the return of the appropriated gold reserves to the National Bank of Romania;

R. whereas in 2012, the Parliamentary Assembly of the Council of Europe adopted Resolution 1896 entitled ‘The honouring of obligations and commitments by the Russian Federation’, asking the Russian Federation to continue efforts to rapidly settle outstanding issues regarding the return of cultural and other property by direct negotiation with the countries concerned;

8. Highlights that special attention must be paid to the preservation of Member States’ national treasures, as stipulated in the EU Treaties;

S. whereas the UN Declaration of Principles of International Cultural Co-operation affirms that cultural heritage is a part of the common heritage of humanity and should be returned to its rightful owners when removed without their consent;

9. Welcomes the EU’s substantial efforts to protect national, cultural and historical heritage by implementing legislation and cooperation mechanisms governing the return of cultural and heritage assets unlawfully taken from EU countries’ territories and its efforts to combat the traffic in cultural goods; acknowledges that Directive 2014/60/EU is the key pillar of the EU’s commitment to safeguarding national treasures and cultural objects, while the EU Action Plan against Trafficking in Cultural Goods has confirmed the EU’s broader commitment to protecting cultural heritage; emphasises that unlawfully removed cultural objects must be returned, regardless of whether they have been relocated within the Union or exported to a non-EU state; notes that, while under the relevant provisions of the TFEU, current EU legislation covers the return of cultural goods and national treasures unlawfully removed before 1 January 1993 by one Member State to another, the repatriation of the Romanian national treasure remains a special case requiring a specific solution; highlights that the exceptional nature of the Romanian national treasure’s illegal appropriation underscores unique specificities that demand a tailor-made European response to facilitate its return, thus expanding the scope of the EU’s approach towards the restitution of cultural assets unlawfully removed from EU countries’ territories;

T. whereas the destruction and looting of cultural heritage in armed conflicts constitute serious attacks against human dignity and human rights;

10. Emphasises that bringing about the return of an EU Member State’s cultural assets and national treasures that are unlawfully retained by a non-EU state requires substantial diplomatic dialogue, both bilaterally and within international forums;

U. whereas the study requested by the European Parliament’s Committee on Culture and Education in 2022, following the Russian invasion of Ukraine, presents a new perspective on cultural heritage which must be regarded also as an issue intrinsically linked to human rights; whereas this perspective has legal implications for the EU;

11. Calls on the Commission to expand the scope of the EU policies governing the protection of cultural goods to include the recovery of national treasures relocated during wartime under bilateral agreements between states;

V. whereas the protection of cultural heritage has also been recognised as a human rights issue by the UN General Assembly, and the human dimension of cultural heritage was fully endorsed in the 2030 UN Agenda for Sustainable Development;

12. Calls on the Commission and the European External Action Service to include the return of the Romanian national treasure on the diplomatic bilateral agenda governing EU-Russia relations once the regional context permits the resumption of political dialogue between the parties;

W. whereas the 2022 report by the European External Action Service (EEAS) on progress in the implementation of the ‘Concept on Cultural Heritage in conflicts and crises’ highlights the EU’s level of support for the protection of cultural heritage in conflicts and crises, including the war in Ukraine, through various means;

13. Calls on the Commission to create concrete synergies with the Romanian State and the National Bank of Romania in order to mobilise coordinated efforts and to pursue all diplomatic means of mediating, promoting communication with Russian counterparts and seeking solutions to ensure that the missing national treasure is returned to where it belongs;

X. whereas the Committee of Petitions has only recently discussed Petition No 1168/2023 asking for the restitution of the Romanian national treasure and historical archives from Russia, which brought this issue to the EU’s attention;

14. Calls on the Commission to explore the possibility of acting as a partner to the Romanian representatives involved in the Romanian-Russian Joint Commission mandated to discuss the return of the Romanian national treasure;

1. Expresses grave concern over the status of the Romanian national treasure, which is a collection of priceless cultural, religious and historical artefacts of European heritage, and deplores deeply the fact that it has been unlawfully held by Russia for over a century;

15. Instructs its President to forward this resolution to the Council, the Commission, the European External Action Service and the governments and parliaments of the Member States.

2. Urges Russia to immediately and unconditionally return the Romanian national treasure to Romania and to the Romanian people and to pay the penalties and interest accrued for the period during which the Romanian people were deprived of enjoying what was rightfully theirs;

3. Takes note of the efforts by the Romanian Government and the National Bank of Romania to seek the restitution of the Romanian national treasure through diplomatic means and international cooperation;

4. Recalls that cultural heritage constitutes an integral part of the identity of a nation; condemns, therefore, the unlawful removal and trafficking of cultural objects;

5. Urges Russia to return the works of art and treasure which it stole from Poland, including those stolen during its occupation of Poland and those which had first been seized by German forces and were then subsequently taken by the Soviet Union; calls on the international community to support Poland’s 20 restitution claims submitted to Russia for thousands of objects;

6. Reminds Russia that the plunder of cultural goods has no statute of limitation, legally or ethically; calls on the Commission to adopt a ‘once stolen – always stolen’ approach when dealing with looted works of art;

7. Welcomes the efforts by certain Member States to return cultural works and artefacts to their places of origin as part of their external policy strategy, in order to foster mutual understanding of one another’s cultural heritage, as well as to support the development of autonomous cultural policies in non-EU countries; calls on the Commission and the EEAS to actively support those Member States in their negotiating processes with non-EU countries using a holistic approach and to actively support the efforts of all Member States with regard to the protection and reparations of their cultural and historical heritage, in line with the MONDIACULT 2022 declaration;

8. Calls on the Commission, the Council, the EEAS and the High Representative of the Union for Foreign Affairs and Security Policy to provide proactive assistance and support to the Romanian authorities in their endeavours to secure the restitution of the national treasure; notes that, in order to bring justice to the Romanian people, these endeavours should also include measures to impose penalties on and collect accrued interest from Russia;

9. Calls on the Commission and the Council to incorporate cultural considerations and the restitution of national heritage in the external actions of the EU, particularly in their activities relating to Russia;

10. Calls for the EU to maintain relations with other international organisations and to attach particular importance to cooperating with the UN and its specialised organisations, in particular UNESCO, in order to support the efforts of Member States to locate and recover looted art and national treasure;

11. Calls on UNESCO and other relevant organisations to help secure the return of cultural items which were looted in the First and Second World Wars and have not been returned;

12. Calls on the Commission to present a strategy for the restitution of the archives and the national treasure of Romania, which are still unlawfully in Russia’s possession;

13. Calls for the EU institutions to take measures to protect and preserve cultural heritage and to combat illicit trafficking and the destruction of cultural heritage;

14. Instructs its President to forward this resolution to the Council, the Commission and the European External Action Service.