EU Regulation on Cultural Goods Import

Far-reaching implications for importers, customs authorities, museums, art dealers, luxury goods sellers, and intellectual property rights holders are soon envisaged with the coming into force of EU Regulation 2019/880 on the introduction and import of cultural goods (hereinafter the “Regulation”).

The Regulation will start to apply to as from June 2025 and aims to safeguard the cultural heritage of its Member States. It will prohibit the entry of cultural goods into the EU if they were illegally exported from non-EU countries. Additionally, importers of cultural items originating outside the EU will be subject to stricter due diligence obligations.

The Regulation reflects the EU’s commitment to international cultural protection frameworks, including the UNESCO 1970 Convention and the UNIDROIT Convention, both of which address the illegal trade in cultural property.

The Regulation focuses on the introduction and the import of cultural goods into the EU, with the term “cultural goods” encompassing many categories of fine arts and antiquities, decorative arts, and collectible items.

Cultural goods are classified into three categories under the Regulation:

1. 1. Category A: Covers cultural items that have been unlawfully exported from their country of origin. These goods are strictly prohibited from entering the EU.
   2. Category B: Covers cultural goods originating from archaeological excavations that are over 250 years old. These items are considered at greater risk of looting and trafficking and may only be imported if an import licence has been obtained before entry into the EU. The process must be carried out through a newly established EU-wide electronic system
   3. Category C: Covers a range of cultural goods not included in Category B that are more than 200 years old and valued over EUR 18,000. These are considered lower risk goods. Importing these goods requires submission of an import license or an importer statement prior to entry into the EU.

A central goal of the Regulation is also to protect cultural heritage by preventing the illegal export and trade of cultural items that hold historical, archaeological, or artistic significance. It aims to ensure that cultural objects are not removed from EU territory without proper authorisation, particularly considering rising global concerns over looting, conflict-related trafficking, and black-market sales.

Thus, a mandatory export licence for specific categories of cultural goods has been introduced under the Regulation, mandating that before cultural goods can be exported outside the EU, the exporter must apply for and receive a licence from the competent authority.

Licences are only granted after a thorough examination, which may include checks on the object's provenance, legal ownership, and significance. The authorities may refuse a licence if they suspect the item was unlawfully excavated, illegally imported into the EU, or is of such cultural importance that it should remain within the EU.

Once issued, the export licence must accompany the cultural good across EU borders and be presented to customs authorities during export procedures. Customs offices at external EU borders play a crucial role in implementing the Regulation. They are empowered to verify the presence and validity of an export licence and to detain objects suspected of being exported without the necessary documentation.

Member States are responsible for setting up effective, proportionate, and dissuasive penalties for infringements. These may include seizure of goods, administrative fines, or criminal prosecution in cases of serious violations.

This Regulation on the export of cultural goods forms a crucial pillar in the fight against the illicit trafficking of cultural property. By introducing uniform rules across Member States, it ensures that Europe’s shared cultural heritage is protected from unlawful removal and exploitation.

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Authors: Dr Terence Cassar & Dr Sarah M. Vella