A sweeping new EU regulation taking full effect on 28 June 2025 is poised to significantly tighten controls on the import of cultural goods into the European Union. Regulation (EU) 2019/880, aimed at combating illicit trafficking and safeguarding cultural heritage, has prompted growing concern among art dealers, collectors, and institutions about its practical impact on the legitimate art trade.
The regulation introduces new layers of due diligence and documentation requirements for importing a broad range of cultural goods, from archaeological material over 250 years old to manuscripts, religious artefacts, and fine art. Depending on the object’s age, type, and value, importers will need to apply for licences or submit importer statements through a new electronic system, the Import Control System (ICS2), which is expected to go live in June 2025.
Under its provisions, a distinction is made between high-risk and lower-risk items. Some objects, such as archaeological pieces over 250 years old, will require a formal import licence backed by proof that they were lawfully exported from their country of origin. Other categories, including certain artworks and collectibles over 200 years old and valued above €18,000, can be brought in with an importer statement that confirms lawful export and provides a standardised object description. However, if an item is determined to have been illegally removed from its country of origin, it will be barred from entry altogether.
While few dispute the aims of protecting cultural heritage, industry professionals are increasingly warning that the new rules could have unintended consequences. Many dealers and collectors fear that the administrative burden will disproportionately affect smaller actors in the market and may obstruct the trade of entirely legitimate works that lack modern provenance records. In many cases, objects that have been circulating for decades or even centuries may not have export paperwork, either because it was never required at the time or has been lost over time.
There is also apprehension about how the regulation might affect the EU’s role as a global centre for art trade. With no comparable regime in place in the United States or much of Asia, some fear the EU could be at a competitive disadvantage. Major art fairs like TEFAF Maastricht may face disruptions, and international participants could hesitate to send works into the EU if compliance becomes too burdensome or uncertain.
Ivan Macquisten, an art market consultant who has led the international campaign on this regulation for more than a decade, warned of its potentially damaging consequences for both the global and European art markets. “The regulation was brought in to tackle the perceived threat of terrorism financing following the wars in Iraq and Syria, even though the EU’s own official reports found no evidence of this within the EU,” he said.
Macquisten, who advised trade federations during negotiations in Brussels and recently briefed stakeholders at TEFAF Maastricht and in Paris, believes the regulation could deter non-EU institutions from lending artworks and discourage the import of pieces from regions such as Asia, Africa, and South America. “Museums will no longer get the sort of loans from non-EU institutions, because the latter will be taking a much higher risk sending items into the EU,” he said, adding that this effect is already being felt. “As the years pass, attitudes to acquiring and keeping such material will harden,” leading to what he described as a “long-term emptying out of public and private institutions.”
He also criticised the regulation’s legal structure, which he said reverses the burden of proof and risks unfairly penalising legitimate collectors and dealers. “Too many questions remain unanswered. Let’s hope the European Commission and Parliament will eventually see sense and do so before the damage becomes irreversible.”
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Although the regulation allows for certain derogations, such as exemptions for objects exported before April 1972 or when the country of origin cannot be reliably determined, these carve-outs still require supporting documentation. For dealers handling older material with opaque provenance, these provisions may offer little practical relief.
As the deadline nears, professionals across the art and antiques trade are being advised to audit their inventories and begin gathering paperwork, including certificates of export, ownership histories, and other provenance records. The goal is to ensure they will be able to comply with the regulation once it is enforced.
An EU working group has been established to address concerns from the sector. However, it remains to be seen whether there will be any significant changes before implementation. For now, the regulation is set to bring about one of the most substantial shifts in the legal framework for cultural goods entering the EU. Its effects are already being felt across the global art market.
