Cultural Goods

Importance of cultural heritage

The term ‘cultural goods’ is synonymous to the term ‘national treasures’, as referred to in Article 36, TFEU. Cultural goods are objects which are considered of importance for archaeology, prehistory, history, literature, art or science and which are designated and protected as such by a country, as part of its cultural heritage. 

Cultural heritage constitutes one of the basic elements of civilisation having, inter alia, symbolic value, and forming part of the cultural memory and identity of a country and of humankind as a whole. It enriches the lives of all people and unites them through shared memory, knowledge and development of civilisation. 

Export of cultural goods 

Council Regulation (EC) 116/2009 requires certain cultural goods that are being exported from Union customs territory to be accompanied by an export license. This ensures that exports of those goods undergo uniform controls at the Union's external borders. 

The regulation reconciles the principle of free movement with the protection of cultural heritage after the creation of the internal market in 1993 that abolished all borders between EU countries. 

Commission Implementing Regulation 1081/2012 lays down detailed arrangements for the drawing up, issuing and use of the licence form. This ensures that the export licences issued are uniform. 

The implementing regulation provides for three types of licences: 

• standard licence;
• general open licence (frequent exports by museums);
• and specific open licence (frequent exports by individuals). 

In line with the regulation, the export licence form is printed on paper and signed. Sheet No 3 of the licence is returned by the customs office of exit to the issuing competent authority. 

Updated lists of authorities empowered to issue export licences, as well as the list of customs offices empowered to handle export formalities, are periodically published in the Official Journal of the European Union, series C. 

Import of cultural goods 

Regulation 2019/880 aims to prevent the illicit trade in cultural goods, especially when such trade may contribute to the financing of terrorist activities. It also prohibits cultural goods illicitly exported from third countries to be imported into Union customs territory. Additionally, it is expected to deter tax evasion, money laundering and organised crime activities. 

The regulation requires cultural goods of ‘particularly endangered heritage’ to be accompanied by an import licence before entering the Union. Other cultural goods which are considered less at risk must be accompanied by importer statements. This ensures uniform controls of imports. 

Scope of the regulation 

The regulation only covers cultural goods which were created or discovered in a country outside the Union – unlike Regulation 116/2009 (export), which covers all goods located within the Union’s territory, regardless of their country of cultural origin. 

It also establishes the so-called general prohibition rule, which prohibits cultural goods that were illegally exported from a third country where they were created and/or discovered to be introduced (defined as ‘any entry’) into the EU. 

The legality of export is primarily determined by the rules and regulations of the country where the object was created and/or discovered. 

If the country where the goods were created and/or discovered cannot be determined with certainty, or if the goods were exported from a country prior to the 1970 UNESCO Convention, the importer may instead choose to prove that the goods were legally exported from a country where those goods were permanently located for at least five years before their dispatch to the Union. This will allow the importer to obtain an import licence or draw up an importer statement. 

The regulation is inspired by the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illegal Import, Export and Transfer of Ownership of Cultural Property and the US 1983 Convention on Cultural Property Implementation Act (CPIA), as well as other treaties.