250 Year Rule

EU rules on cultural goods add a whole new world of complication. New regulations on importing cultural goods are looming and could mean significant challenges for the trade. This section outlines what you need to know about the upcoming regulations and their implications.

Overview

On June 28, a major change comes to the international art and antiques market. The European Union will enforce its new import licensing regulation (Regulation (EU 2019/880), imposing significant challenges on many people importing cultural goods into the EU.

Key Points

  • The law will not affect everyone; it will not apply to anything that originated in the EU, nor to anything under 200 years old.
  • The regulation aims to prevent stolen or trafficked items from entering the EU, particularly objects that might have helped fund terrorism.
  • The regulation will include more cultural goods within its scope as time progresses.

Import Application Process

  1. The import application must be completed by the owner of the goods (even if that is the private client or customer).
  2. Only owners registered with the EU’s ICG (Customs’ digital registration system) can conduct the import process.

Cultural Goods Categories

  • Part A: No cultural good illegally removed from the country of creation may be imported into the EU.
  • Part B: Cultural goods more than 250 years old require an Import Licence.
  • Part C: Cultural goods individually valued at more than €18,000 and aged over 200 years must be subject to a completed Importer Statement before import.

Challenges Under the Regulation

  • Permission for import may require applicants to provide non-existent evidence to prove legal export.
  • Exposing individual importers to unreasonable legal risk due to stringent requirements.
  • The complexity of related delays and costs.

Importing Procedures

  • The registered importer must sign a declaration under local law confirming the item's legal exportation.
  • There are derogations for cases when the country of origin cannot be identified: proof of legal export from locations where the item has been for over five years may suffice.

Appendix: High Risk Goods

  • Includes archaeological items over 250 years old, requiring an import licence.

Conclusion

The emerging regulations represent substantial changes to the international art and antiques market, necessitating that all involved familiarize themselves with the new import processes to navigate these challenges successfully.