What changed

B90178/2024

B90170/2024

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

The European Parliament,

– having regard to itsArticles previous6 resolutionsand 167 of the Treaty on Russia,the Functioning of the European Union (TFEU),

– having regard to Articlesthe 36Preamble to and 167to ofArticles the2, Treaty3, on4 theand Functioning21 of the Treaty on European Union (TFEU),(TEU),

– 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 and 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 Preamble to and Article 22 of the Charter of Fundamental Rights of the European Union,

– having regard to the Parliamentary Assembly of the Council of Europe’s Opinion 193 (1996) entitled ‘Russia’s request for membership of the Council of Europe’ and to its Resolution 1896 (2012) entitled ‘The honouring of obligations and commitments by the Russian Federation’,

– having regard to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, to the First Protocol thereto, as applicable to occupied territories, and to the Second Protocol thereto, on the enhanced protection of cultural property,

– having regard to the Council of Europe Framework Convention on the Value of Cultural Heritage for Society (CETS 199) of 27 October 2005 and the Convention on Offences relating to Cultural Property (CETS 221) of 19 May 2017,

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

– having regard to the Russian-Romanian Treaty on Friendly Relations and Cooperation of 4 July 2003 and the accompanying joint statement by the Romanian and Russian Ministers of Foreign Affairs, which established the Romanian-Russian Joint Commission for the study of issues arising from the history of bilateral relations, including the issue of the Romanian treasure,

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

– having regard to the 1954 Hague Convention for theUniversal ProtectionDeclaration of Cultural Property in theHuman EventRights of Armed10 Conflict,December 1948,

– having regard to the UNESCO 1970 Convention on theCouncil Meansconclusions of Prohibiting21 andJune Preventing2021 theon Illicitthe Import,EU Exportapproach andto Transfercultural ofheritage Ownershipin ofconflicts Culturaland Property,crises,

– having regard to the general principles of international law recognised by states,UNESCO suchConvention asConcerning the principleProtection of goodWorld faithCultural and theNatural principleHeritage of the peaceful settlement16 ofNovember disputes,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 declaration of the UNESCO World Conference on Cultural Policies and Sustainable Development – MONDIACULT 2022,

– 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 Rule 132(2) of its Rules of Procedure,

A. whereas during the First World War, as the Central Powers had occupied a significant part of Romania and threatened to occupy the rest, the Romanian Government at the time, under pressure from its ally, Tsarist Russia, agreed to transfer Romania’s national treasure to Russia, with the aim of keeping it safe from the armies of the Central Powers;

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

B. whereas this treasure included the treasure of the National Bank of Romania, which included 91.48 tonnes of fine gold, royal collections of jewels and rare coins, jewellery, heritage paintings and art collections, religious artefacts and archives, rare historical manuscripts, collections and valuables belonging to several public institutions, private banks, commercial companies and individuals, spanning over five centuries of Romanian history; whereas the rare gold coins which represent a large proportion of the treasure of the National Bank of Romania deposited in Moscow possess a numismatic and cultural value distinct from the value of the gold itself;

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

C. whereas the Romanian and Russian Governments signed official protocols for the transfer of this treasure to Moscow, with a detailed inventory documenting the gold reserves of the National Bank of Romania, with the Russian Government’s guarantee regarding the safety of transport, the safety of deposit and safety of return to Romania, as witnessed by other states at the time; whereas the transfer of the treasure took place through two train transports in December 1916 and July 1917; whereas in Moscow, the treasure was stored at the Kremlin and inventoried by the Russian side, and was found to be in complete accordance with the statements of the National Bank of Romania;

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;

D. whereas after the October Revolution in Russia and the seizure of power by the Communists under Lenin’s leadership, the newly established Soviet regime broke off diplomatic relations with Romania, seized the Romanian treasure and refused to return it;

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;

E. whereas a state’s gold reserves serve as a crucial financial asset, providing stability to its currency, bolstering confidence in the nation’s economic strength; whereas the Soviet Union’s refusal to return this treasure weakened the Romanian State as it emerged from the First World War and has remained a major point of contention in relations between the two countries;

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;

F. whereas on two occasions, in 1935 and 1956, the Soviet Union agreed to return a portion of the archives and items of historical and cultural value to Romania; whereas, however, the bulk of the Romanian treasure, including the gold component of the reserve of the Romanian National Bank, were not returned; whereas these two restitutions are clear indications that the Soviet/Russian side acknowledged that it has a duty to return the Romanian treasure;

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;

G. whereas the Russian Federation is the legal successor to the Soviet Union, which continued the legal personality of Tsarist Russia, and is thus under an obligation to return these assets belonging to Romania;

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;

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

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;

I. whereas, following the joint statement of the Romanian and Russian foreign ministers of 4 July 2003, the two sides established a Romanian-Russian Joint Commission for the study of issues arising from the history of bilateral relations, including the issue of the Romanian treasure deposited in Moscow during the First World War; whereas during a period of 15 years, the Commission met only five times, with the last meeting occurring in 2019; whereas in the protocols concluded at the end of these meetings, the Russian side acknowledged Romania’s claim against the Russian Federation and agreed that the documents presented by the Romanian side represent authentic documents, with the status of an international treaty, attesting to Romania’s deposit of its treasure, including its National Bank’s treasure, in Russia;

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;

J. whereas Directives 93/7/EEC and 2014/60/EU represent key pieces of legislation on the return of cultural objects unlawfully removed from the territory of a Member State; whereas the EU Action Plan against Trafficking in Cultural Goods confirmed the EU’s broader commitment to protecting cultural heritage; whereas EU legislation addresses the return of unlawfully removed cultural objects, whether they have been relocated within the Union or removed from the territory of a Member State unlawfully through breach of the legislation in force or breach of the conditions under which temporary authorisation was granted;

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;

K. whereas the illegal appropriation of Romania’s national treasure by Russia remains a unique international case, in which a state’s gold reserve and heritage objects were entrusted to another state with legally valid documents and guarantees of return, only for the receiving state to disregard these signed obligations, thereby violating international law and customs;

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;

L. whereas the restitution of the appropriated Romanian national treasure is of great importance for both the national and institutional memory of the country; whereas Romania has consistently sought the restitution of all its treasure deposited in Moscow for over a hundred years and will continue to keep its claim on the agenda until the treasure’s full restitution;

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;

1. Deplores Russia’s failure to fully return the Romanian national treasure to Romania, as explicitly outlined in the official bilateral agreements between the two states and as expected under international law and norms;

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;

2. Expresses its dismay that despite multiple negotiation efforts in the aftermath of the First World War and, more recently, the work of the Romanian-Russian Joint Commission of experts, Russia has shown an overt reluctance to return Romania’s national treasure;

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’;

3. Calls on the Government of the Russian Federation to take the necessary steps to fully return to Romania the remainder of Romania’s national treasure sent to Moscow for safekeeping in 1916 and 1917;

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;

4. Calls for the EU and its Member States to support in solidarity Romania’s efforts to reclaim its national treasure, a matter of enduring concern to Romanian society; calls for the EU and its Member States to cooperate with the Romanian State and the National Bank of Romania in order to raise awareness of this matter and coordinate their actions with the goal of returning Romania’s national treasure to its rightful place;

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’;

5. Calls for the EU and its Member States to include the return of the Romanian national treasure on the diplomatic agenda governing their relations with Russia; stresses that Romania is not the only EU Member State whose national treasures and cultural heritage have been looted and stolen by Russia, and therefore calls for a thorough analysis, in particular of the treasures of countries which suffered Soviet and Tsarist Russian occupation and repression, and for joint action at EU level to recover them;

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’;

6. Calls for the EU and its Member States to develop a more significant and comprehensive reassessment of EU-Russia relations, given Russia’s ongoing war of aggression against Ukraine and hybrid warfare against the EU and its Member States; considers that this reassessment should also address other instances in which Russia has acted in complete disregard of international norms to the detriment of EU Member States; insists that the return of stolen national treasures and cultural and historical heritage of EU Member States must be one of the conditions in the future EU relations with Russia;

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;

7. 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 objects;

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;

8. Calls for the EU and its Member States to consider broadening the scope of EU policies governing the protection of cultural goods in order to encompass the recovery of national treasures relocated under bilateral agreements between states, as well as to strengthen EU support to Member States in conducting their actions; 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 EU’s approach towards the restitution of 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;

9. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Council of Europe and its Parliamentary Assembly, the Organization for Security and Co-operation in Europe, and to the Russian Government.

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;

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;

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;

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;

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;

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.