On June 28, 2019, the European Union implemented Regulation 2019/880, which is primarily aimed at regulating the introduction and import of 'cultural goods' into the EU. A centralized electronic system for managing information exchange between Member States and processing online license applications is expected to be operational within six years from the regulation's enactment, specifically by June 28, 2025.
While the intention behind these regulations is commendable—targeting illicit trafficking and protecting cultural heritage—there are concerns that their enforcement might hinder legitimate trade, restrict cultural exchange, and impose undue burdens on art collectors and dealers both within the EU and those outside looking to conduct business or retain art in the EU. With several prestigious art fairs, such as TEFAF Maastricht, taking place in the EU each year, the global art community is assessing how these new rules may affect their operations. Although the objectives of the regulation are clear, the EU risks alienating itself from lawful trade and potentially undermining its influence in key segments of the art market. This article explores the need for a reevaluation of the EU’s new import regulation concerning cultural property and art.
Summary of the Regulation
The regulation establishes a 'general prohibition' against the entry of cultural goods that have been illicitly exported from non-EU countries. 'Cultural goods' are defined broadly, encompassing various forms of fine arts, decorative arts, and collectibles, regardless of their age or value.
The regulation categorizes cultural goods into three groups:
- Category A: This category includes items that have been illegally exported from their country of origin and are strictly prohibited from entering the EU.
- Category B: This category consists of high-risk items, perceived to be more vulnerable to looting and trafficking. These items can be imported only if a license is secured.
- Category C: This group includes low-risk cultural goods, such as paintings, prints, sculptures, and coins over 200 years old that have a minimum value of €18,000. Importers must obtain an import license or submit an importer statement before these items can enter the EU.
Details of the Categories:
- Category A includes various items, detailed in Part A of the regulation’s Annex, which encompasses flora and fauna specimens, antiquities, and paintings that were removed from their country of origin in violation of local laws. Such items are prohibited from entering the EU.
- Category B pertains to objects from archaeological excavations that are over 250 years old, regardless of their value, as outlined in Part B of the Annex. To import these items into the EU, importers must obtain a license, demonstrating that the goods were exported lawfully from their country of origin.
- Category C serves as a residual group, covering cultural goods like paintings, prints, sculptures, and coins older than 200 years with a minimum value of €18,000. Importers are required to provide an importer statement that includes a declaration confirming lawful exportation from the country of origin and a standardized description of the object before entry into the EU. Supporting documentation must be retained to substantiate the importer statement; otherwise, it may be rejected.
Cultural goods originating from within the EU customs territory at the time of import are exempt from this regulation and can continue to be imported without restriction. For instance, antiquities from Greece or Italy are not affected, while those from Turkey are subject to these rules. Notably, all cultural goods originating from or discovered in the UK, except for Northern Ireland—which remains part of the EU customs union—are also subject to the regulation. There are number of additional derogations that one is urged to review.
Whilst the scope of the Regulation is generic in nature, one sector that is urged to be ultra cautious is the yachting and superyacht industry especially when visiting European ports, and a visit from customs authorities might be expected.... better safe than sorry and ensuring that the right documentation is onboard will be key to a smooth running meeting!!
Dr. Stephan Gauci
Managing Director
