What the new EU anti-terror legislation means for art-dealers, collectors and museums

What the new EU anti-terror legislation means for art-dealers, collectors and museums

On 28 June, the European Union’s Regulation (EU) 2019/880 of 17 April 2019 (“the 2019 Regulation”) on the introduction and import of cultural goods, will come into force. This is the first EU instrument focused specifically on the import and introduction of cultural property from outside the EU, and it seeks to combat illicit trafficking that may finance terrorist organisations.

Regulation (EU) 2021/1079 of 24 June 2021 set out detailed rules for the implementation of the 2019 Regulation, which include safekeeping, temporary admission for educational purposes or sales in commercial art fairs, as well as traceability standards.

The European Commission has previously issued Questions & Answers in relation to the 2019 Regulation, addressing the main points that can arise from its implementation and potential different scenarios.

Cultural goods: what, why and how?

The 2019 Regulation divides cultural goods into three categories, set out in Parts A, B, and C of the Annex to the Regulation. A different regulatory treatment applies to each category, and it is important to understand the differences between these categories to ensure compliance with the laws.

Part A covers cultural goods listed in 12 sections, from (a) to (l), and includes antiquities more than one hundred years old, such as inscriptions, coins and engraved seals; rare collections and specimens of fauna, flora, minerals and anatomy; rare manuscripts; old books, documents and publications of special interest (historical, artistic, scientific, literary, etc.) singly or in collections.

It is prohibited to bring these goods to the European Union if they were removed illegally “from the territory of the country where they were created or discovered”. If these goods find themselves in the EU, they would be confiscated. This prohibition has been in place since December 2020, when Article 3 of the 2019 Regulation came into force.

EU Commission clarified that the law that determines whether a cultural item legally left the territory of the third country where it was created or discovered, is the law of that third country. Thus, if the export of a rare manuscript from India is prohibited under the Indian law, then its introduction to the EU member state is also prohibited even if the laws of that member state do not prohibit or restrict trade in rare Indian manuscripts. The Commission further clarified that:

• If the cultural item (e.g. rare manuscript) is currently located in India where it was created/discovered and is being exported to the EU, it is the law that is currently in force in India that applies.
• If, on the other hand, a rare manuscript has been exported from India in the past and is now located and exported to the EU member state from a different third country, then it is the Indian law that applied at the moment of export that must be taken into consideration.

The cultural goods listed in Part B of the Annex to the 2019 Regulation include:

• products of archaeological excavations (including regular and clandestine) or of archaeological discoveries on land or underwater; and
• elements of artistic or historical monuments or archaeological sites which have been dismembered.

All of the cultural goods listed in Part B of the Annex must be more than 250 years old. Cultural Goods listed in Part C should be more than 200 years old and with a value above EUR 18,000. Unlike Parts B and C of the Annex to the 2019 Regulation, its Part A sets no minimum age or value limits except for antiquities, such as inscriptions, coins or seals, and of old furniture (>100 years). This does not necessarily mean that the age and/or value limits do not apply to cultural goods listed in Part 1 of the Annex to the 2019 Regulation at all – these will be determined on a case-by-case basis, in compliance with the laws of the third country.

A licence or importer statement

An import licence is required to bring these goods to the EU. An application must be submitted via an EU-wide electronic system.

Brining the cultural goods listed in Part C of the Annex to the 2019 Regulation to the EU  requires an importer statement.

Article 5(2) of the 2019 Regulation clarifies that the importer statement shall consist of:

• a declaration signed by the holder of the goods stating that the cultural goods have been exported from the country where they were created or discovered in accordance with the laws and regulations of that country at the time they were taken out of its territory; and
• a standardised document describing the cultural goods in question in sufficient detail for them to be identified by the authorities and to perform risk analysis and targeted controls.

In both cases, evidence of the cultural goods having been exported lawfully from their country of creation/discovery is required.  An import licence or importer statement may not be required in such instances where the cultural goods are returned goods; they are temporarily imported for educational, scientific or research purposes; they were sent to the EU by authorities of a third country to prevent their imminent destruction, and if they are temporarily imported for sale in a commercial art fair.

If it is not possible to reliably determine the country where the cultural goods were created or discovered, or the goods were taken out of the country where they were created or discovered before 24 April 1972, it is possible for the declaration for such goods to state that they were exported to the EU in accordance with the laws and regulations of the last country where they were located for more than 5 years and for purposes other than temporary use, transit, re-export or transhipment (Article 4 of the 2019 Regulation).

What this EU law means for art dealers, museums and collectors

According to media reports, the upcoming law is of concern to art dealers as it will require thorough checks and may lead to increased bureaucracy, varying from country to country within the EU.  Some art dealers indicated that “evidence of the art trade’s links to terrorism financing are slim, at best”, and, unlike in the past, the art market is now strictly regulated.

The new legislation may also  impact private collectors, who will now find it harder to buy and sell items and will need to conduct additional research.

For museums, the new legislation may also create some logistical and practical complications, such as further scrutiny on top of the existing processes.

The long-term impact of the 2019 Regulation remains to be seen. It will inevitably require some adjustments to the processes previously applied by collectors, art dealers and museums. Gherson lawyers can assist and guide you through the process. Please contact us for a confidential discussion on how this regulation may affect you or your institution.

Updated: 26.06.2025

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The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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