EU Import Regulations - June 28, 2025 Could Devastate the Legitimate Antiquities Market -Spring 2025
“On June 28, 2025, the EU will enact a sweeping cultural import regime under Regulation 2019/880 that demands impossible documentation for decades-old, lawfully traded antiquities—threatening to paralyze the European art market under the guise of anti-trafficking reform. By shifting the burden of proof entirely onto importers and imposing personal liability, the regulation weaponizes bureaucracy against legitimate cultural exchange, dismantling a centuries-old tradition of collecting and scholarship.” Kate Fitz Gibbon, Cultural Property Newsletter June 2025 (culturalpropertynews.org)
References
New E.U. Import Regulations Are Causing ‘Procedural Paranoia’ for the Art Trade
How New EU Import Rules Could Reshape the Global Antiques Trade - Ronati
A New E.U. Antiquities Law Adds Burdens for Dealers Amid AML, Tariffs | Observer
Here's a breakdown of the legal landscape and challenges:
I. Legal Landscape of Regulation 2019/880
General Prohibition (Article 3): Since December 28, 2020, there has been a sweeping prohibition on the "introduction" (not just importation) of cultural goods illicitly exported from their country of origin into EU territory. This applies to all goods listed in Part A of the Annex, which broadly aligns with the 1970 UNESCO Convention definitions of cultural property.3 Crucially, the burden of proving lawful export lies entirely with the importer.4
Categorization of Cultural Goods: The regulation categorizes cultural goods into three parts, each with different requirements:5
Part A Goods: Subject to the general prohibition if illicitly exported.6 This includes goods from Part B and C.
Part B Goods: Require an import license. These generally include archaeological objects over 250 years old.7
Part C Goods: Require an importer statement.8 These cover non-archaeological cultural goods over 200 years old with a value above €18,000.9
Proof of Lawful Export: For Part B and C goods, importers must provide evidence that the cultural goods were lawfully exported from their country of origin or, if the country of origin cannot be reliably determined, that they were lawfully exported from the last country where they resided for at least five years.10
Centralized Digital System (ICG): An EU-wide electronic system (ICG, a module of TRACES) will be the sole point of contact for importers to apply for licenses and submit statements, expected to be fully operational by June 28, 2025.11
Penalties: Penalties for false declarations vary by country but can include significant fines, seizure of goods, and even criminal liability.12
II. Challenges of Regulation 2019/880
Burdensome Due Diligence and Documentation:
Lack of Provenance: Many legitimate antiquities, especially those exported decades ago or from countries without formal export regimes, lack complete or even existent provenance records. The regulation demands detailed historical data, which is often simply unavailable.
"Regulatory Archaeology": Importers will be forced to meticulously piece together a paper trail from multiple jurisdictions and sources, a process that can be extremely difficult and time-consuming.
Liability for Unknowns: Importers bear full liability for proving lawful export. The high level of liability for making a false statement, especially when little is known of an object's history, may deter many potential importers.13
Ambiguity and Complexity in Classification: Classifying objects into the correct categories (Part A, B, or C) can be complex and ambiguous, potentially leading to confusion and differing interpretations.
"Catch-22" Scenario: Even with a valid license or compliant statement, an object can still be seized under Article 3 if the country of origin challenges the original export. This means compliance doesn't guarantee protection from seizure.14
Conflict with GDPR: The demand for detailed provenance data can conflict with General Data Protection Regulation (GDPR) privacy laws, which may restrict the disclosure of prior ownership records, particularly in private sales. While the European Commission states the law allows for GDPR-restricted information for verification, gaps in provenance due to past GDPR compliance remain a challenge.15
Disruption to Legitimate Trade:
Reduced Market Liquidity: The stringent requirements and administrative burden are expected to reduce market liquidity, leading to lower sales and administrative delays for galleries, auction houses, and private collectors.16
Discouragement of Non-EU Imports: The obstacles to importing certain categories of cultural property will likely discourage EU collectors from buying outside the bloc and make it problematic for non-EU dealers to exhibit at EU art fairs.17
Shift in Trade Routes: Businesses may consider relocating operations outside the EU to avoid these onerous regulations, potentially increasing trade volumes in other global art market jurisdictions.18
Impact on Cultural Exchange: Critics argue that the regulation, despite its good intentions, may impede the free flow of cultural goods, restrict cultural exchange, and make the preservation of diverse heritage in European collections more difficult by creating barriers to the movement of cultural artifacts.19
Temporary Imports: The regulations could severely disrupt imports for temporary exhibitions and art fairs.20
Insurance Implications: Uncertainty in provenance due to the regulation may not be covered by standard insurance policies, which typically address physical loss or damage, not loss of value due to legal/provenance issues.21
In essence, while Regulation 2019/880 aims to combat illicit trade, its broad scope and stringent requirements, particularly the burden of proof on importers and the challenge of proving historical lawful export, are widely seen as creating significant legal and practical difficulties for the legitimate art market in the EU.22
