EU Regulation 2019/880 Introduces Import License and Importer Statement Requirements, Effective June 28, 2025

A. Introduction

The aim of regulation (EU) 2019/880 (the Regulation) and the implementing regulation (EU) 2021/1079 is to safeguard cultural heritage and combat the financing of terrorism and organized crime through the trafficking of cultural goods. With full effect as of June 28, 2025, the Regulation establishes a strict framework to prevent the import of cultural goods of illicit origin into the EU. The Regulation applies only to cultural goods created or discovered outside the EU.[1]

But what exactly are cultural goods? Cultural goods are movable objects that are of importance for archaeology, prehistory, history, literature, art or science and belong to one of the three categories (A-C) in the Regulation’s annex. Cultural goods can be, for example, archaeological objects, antiquities, inscriptions, coins and items of artistic interest such as paintings, drawings or sculptures.

B. Risk-based Import Rules

Not all cultural goods are equally vulnerable to illegal trade, looting or illicit excavations.[2] Therefore, the Regulation introduces a risk-based import regime:

• General Prohibition Rule: The introduction of cultural goods into the EU that were illicitly exported from their countries of origin is prohibited since December 28, 2020. This applies to all cultural goods listed in Annex Part A of the Regulation, irrespective of their age or value.
• Import License: It is required to obtain an import license from the EU state of destination for archaeological cultural goods and components of architectural monuments older than 250 years, irrespective of their value. This applies to all cultural goods listed in Annex Part B of the Regulation.
• Importer Statement: Certain categories of cultural goods older than 200 years and a minimum value of EUR 18,000 require an importer statement. The statement consists of two parts: firstly, online registration of a description of the object and, secondly, a declaration by the importer on the licit origin of the cultural good. This applies to all cultural goods listed in Annex Part C of the Regulation.

A major change of the Regulation is that the burden of proof for the legal export of cultural goods from their state of origin lies with the importer. Importer means the holder[3] of the cultural good who applies for the import license or submits the importer statement. This may be the owner, for example, but also an auction house or an art gallery. The importer is responsible for verifying that any cultural goods intended for import into the EU were lawfully exported from their non-EU state of origin. This must be proven by documents when applying for an import license – regardless of whether any record-keeping requirements existed at the time of previous exports, imports and transfers. Proof that a cultural good has been legally exported from its state of origin must be provided primarily in the form of export certificates and secondarily by other documents proving lawful export from the state of origin. If the laws of the state of origin did not require an export license at the time of export, this must also be proven.

Both the import license and the self-declaration procedure of the importer statement can be handled via the central electronic system (the ICG System), which is due to launch on June 28, 2025. The processing of import license applications up to issuance can take up to 90 days. This lengthy process has been criticized within the art market, as it may create uncertainty for cross-border trade. The competent authority (often the ministry for culture) of the EU member state, into which a cultural good is to be imported, will examine the application and issue the import license. The import license or importer statement should then be submitted to the destination EU member state’s customs authority together with the customs declaration. EU member states shall introduce their own rules on penalties for infringements of the Regulation, which means that penalties may vary from state to state. In addition to fines, monetary penalties and imprisonment, authorities may order seizure and confiscation of cultural goods.

C. Exemptions from the Import License and Importer Statement

No import license or importer statement is required for cultural goods:

• temporarily imported into the EU by educational, scientific or research institutions or museums for the purpose of conservation and/or exhibition;
• re-imported into the EU as returned goods; or
• sent by a foreign authority to the authorities of an EU member state for safe custody due to an imminent threat of destruction.

An exception to the import license requirement also applies to the temporary importation of cultural goods for presentation at commercial art fairs: in such cases, an importer statement is sufficient for the temporary import. However, if the cultural good is sold at the art fair and subsequently remains in the EU, the import must be declared retrospectively, and an import license must be obtained.

D. Derogations

The geographical extent of ancient empires and their cultures often does not correspond with today’s national borders. In practice, it may not be possible to reliably attribute a cultural good to the state in which it was created or discovered. Furthermore, a cultural good may have been exported from its state of origin long before export regulations were introduced.

Proving that an export was lawful 20, 40 or even 100 years ago can be a difficult hurdle for an importer to overcome. Today’s standards of provenance and documentation requirements have not always been the norm. With that in mind, the Regulation provides for a derogation if the state of origin cannot be reliably determined or if the cultural good was removed from that state before April 24, 1972.[4] If either of these two conditions is met, the application for an import license may instead be accompanied by documents proving that the object was legally exported from the last state it resided in for more than five years (excluding temporary use, transit, re-export, or transshipment). An analogous rule applies to the importer’s statement, declaring that these conditions have been met.

E. Implications for the Art Market, Collectors and Freeports in Switzerland

The full entry into force of the Regulation introduces uncertainty for all stakeholders involved in the cross-border movement of cultural goods and will require particular diligence when exporting cultural goods from Switzerland to the EU. Market participants, including art dealers, auction houses, collectors, freeports or shipping companies in Switzerland will face new compliance requirements and potential delays due to the need for extensive documentation and the risk of divergent interpretations by customs authorities in different EU member states. This regulatory environment may deter transactions, as parties may be unsure whether a cultural good can ultimately be lawfully imported into the EU.

Early familiarization with the new requirements is recommended to prevent complications in the sale, loan or exhibition of cultural goods from Switzerland to the EU. In addition to carefully examining whether an import license or an importer’s declaration is required for the introduction of cultural goods into the EU, it must also be clarified whether the necessary documents for the objects are available or can at least be obtained. Since, under Swiss law, persons active in the art trade and auction business in Switzerland are obliged to inform their customers about the import and export rules of the signatory states to the 1970 UNESCO Convention, this duty to provide information now also covers the new EU import rules.

It is evident that the Regulation will impact the trading of cultural goods between Switzerland and the EU member states. At this point it is too early to predict whether the Regulation will give new impetus to art markets outside the EU or if Switzerland will lose its appeal as an international hub for the trade of art and antiques.

 

[1] The term „state in which a cultural object was created or discovered“ is used synonymously with „state of origin“ in this bulletin.

[2] Specific EU regulations have been implemented to provide special protection for cultural goods from conflict zones in the Iraq war (Council Regulation (EU) No 1210/2003) and the Syrian war (Council Regulation (EU) No 36/2012).

[3] Under EU Customs Code, the „holder“ is the person who owns the goods or has similar power of disposal or who has actual control over the goods.

[4] On April 24, 1972, the UNESCO Convention 1970 on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property came into effect and calls upon its State Parties to take measures to prohibit and prevent the illicit trafficking of cultural goods. In Switzerland, the Federal Act on the International Transfer of Cultural Property (CPTA, SR 444.1) came into effect on June 1, 2005 and implemented the 1970 UNESCO Convention and the 2001 UNESCO Convention into domestic law.