Regulations On The Import Of Non-EU-Cultural Goods Are Now Coming Into Effect

There is a useful overview of new EU regulations on cultural property by the Withers'  LLP international art team (Simon Chadwick, Eleni Polycarpou, Amanda A. Rottermund and Diana Wierbicki UK: Tick Tock: Regulations On The Import Of Non-EU-Cultural Goods Are Now In Effect. How Will This Affect The International Art Market? Withers LLP  9 July 2019): 

The Regulation on the import of cultural goods (EU 2019/880) (the “Regulation”) was formally adopted by the European Parliament and European Council on 17 April 2019. The Regulation addresses the import and storage in the EU of cultural goods. The impetus for the Regulation was the EU’s intent to prevent the illegal removal of cultural goods from non-EU Member States in order to combat the illicit trafficking of cultural goods and the overall preservation of cultural heritage. Following its official publication on the website of the Official Journal of the European Union on 7 June 2019, the Regulation has entered into force today, on 27 June 2019. [...] The prohibition of the import of cultural goods that have been unlawfully removed from their non-EU country of origin will apply from December 2020. For non-EU cultural goods exceeding 250 years in age, as well as those older than 200 years valued at more than EUR 18,000, the Regulation, dictating the requirement of an import licence and an importer statement respectively, will apply from the day the electronic database system becomes operational, or at the latest from 28 June 2025.

The article considers some of the implications of this new regulatory regime. Among the more interesting developments is that the regulation forsees the creation of a centralized electronic database system  that will be accessible across Member States.  This will facilitate the storage and exchange of information regarding import licences and importer statements and supporting information.

The article discusses the effects of these EU regulations on the UK market, which depends on unknown factors such as whether the UK remains in the  customs union or not on Brexiting. The authors also discuss the anticipated impact through potential buyer deterrence at international art fairs.

Major dealers' associations have been opposing these measures because  they  “set levels of due diligence that are unattainable, imposing licensing costs that would make a significant part of the market uneconomic and cause lengthy delays that would make the temporary import of goods for exhibiting at fairs impossible.” CINOA [Confédération Internationale des Négociants en Oeuvres d'Art, or International Confederation of Art and Antique Dealers' Associations] opposes the regulations because they would “add costs and paperwork to the operation of art and antiques businesses throughout Europe.”