A new EU law aimed at preventing robbery of antiques for sale will take effect on Saturday. While 2019/880 regulations have partial exemptions for temporary exhibitions, the law may still hinder private collector loans. Art newspaper.
The new law first proposes that any party importing cultural goods from outside the EU will “raise due diligence requirements”. Cultural products refer to fine arts, antiques, decorative arts and collectibles.
The law “is intended to resolve illegal trade in countries affected by armed conflict and where these goods may be traded by terrorists or other criminal organizations,” an advisory note published by insurance company Lockton said.
The three types of cultural products are 1) exporting illegal cultural products from third countries, 2) the products excavated by archaeologically for more than 250 years, regardless of their value, 3) the various types of goods are greater than 200 years, worth more than 18,000 euros.
The second category of goods will require an import license to enter the EU, and the importer will need to provide evidence that these items are not illegally exported. Goods from the third category require importers’ statements with signature statements, and they also have no illegal exports and standardized descriptions of the project.
The implementation of the new law will depend on actions of EU member states, but failure to comply with Article 2019/880 may cause epilepsy and other legal consequences to art dealers, collectors and other art professionals.
“If the importer lacks the documentation required for such items, the entire shipment may be more complicated,” wrote Will Ferrer, chief of Fine Arts at Rockton. “In addition, if the importer submits false evidence during the application process for an import license, or makes a reckless or conscious fraudulent statement, there may be criminal consequences. In the risk of forfeiture, private collectors may also be more cautious in deciding which agencies, which agencies, and borrow their work. This may hinder the efforts of some agencies to borrow from loans.”
The 2019/880 regulations do provide exemptions for the purpose of conducting research on “the collaboration between education, science, protection, restoration, exhibition, digitalization, performing arts, academic institutions or museums or similar institutions”. but Art newspaper It was noted that the implementation of the 2021/1079 regulations would exempt temporary loan restrictions in museums outside the EU, meaning private non-EU lenders would not benefit from it.
The new law was designed to respond to the plunder of cultural heritage and archaeological sites in Syria and Iraq. The 2019/880 regulation also requires digital records to improve transparency and traceability through the International Cultural Products (ICG) database. Museums benefit from legal exemptions only by registering ICG databases.
Several art professionals told Art newspaper They do not question the purpose of the law, but they increase some degree of administrative difficulties, especially for works with incomplete documentation or ownership history.
Eike Schmidt, director of Museo e Real Bosco Di Capodimonte at Naples, said there was a “complete lack of administrative infrastructure” to properly implement the 2019/880 regulations. He told Avalanche. Art newspaper.
“For many museums, requirements for import permits and certificates of origin may hinder international loans and exhibitions,” said Hansen, director of the Oslo Monk Museum. Art newspaper.
Ferrer also wrote that new EU legislation could increase the need for private collectors to conduct source research before selling their collections.
“Collectors may find themselves in a difficult position to conduct appropriate source research on a particular project and know that such research may reveal gaps or contradictions that arise, complicating their sales efforts.”
He also noted that for art dealers and institutions, epilepsy seizures are excluded from insurance and that insurance companies are unlikely to compensate the owner when the artwork loses value due to uncertain origins.
“As a result, no work will be covered up when entering the EU. However, insurance companies may be able to approve exceptions on a case-by-case basis.
