As of June 2025, Regulation (EU) 2019/880 has come fully into force, establishing a unified legal framework for the import of cultural goods into the European Union. While the Regulation imposes clear legal obligations — particularly around documentation, classification, and provenance — it also provides collectors with a more structured and predictable environment for cross-border acquisitions. For Romanian private collectors active in the international art market, it can serve as both a compliance standard and a protective mechanism.
The following takeaways are intended to help collectors not only meet the Regulation’s requirements but also take advantage of the legal certainty it offers.
- Identify the appropriate documentation at customs entry
Regulation 2019/880 distinguishes between two main categories of cultural goods introduced into the EU from non-EU countries. Category A objects—primarily archaeological items over 250 years old—require an import licence, which must be obtained from the competent authority in the Member State where the object is placed under a customs procedure. This involves presenting evidence of lawful export from the country of origin.
Category B objects include other cultural goods over 200 years old with a value exceeding EUR 18,000. These require an importer statement affirming lawful export and providing a description of the object and its provenance. Correctly identifying the object’s classification and preparing the corresponding documentation is essential to avoid delays, seizures, or liability at customs.
Both the import licence (for Category A) and the importer statement (for Category B) must be submitted through the Import of Cultural Goods (ICG) electronic system.
- Understand provenance and due diligence requirements
The Regulation imposes clear expectations for importers to exercise due diligence when introducing cultural goods into the EU. Where provenance is insufficient or inconsistent, EU customs authorities are entitled to intervene, including by detaining or refusing entry to the goods.
Consulting databases such as the Interpol Stolen Works of Art Database or the Art Loss Register can serve as supporting evidence of compliance. Additionally, registering disputed or at-risk items in these databases also increases the chances of recovery in case of theft. However, for high-value or historically sensitive works, professional provenance research is strongly recommended.
- Understand how EU and international standards reinforce each other
Regulation 2019/880 does more than introduce EU-level import controls—it codifies principles long embedded in international cultural property law, particularly those established under the UNESCO 1970 and UNIDROIT 1995 Conventions. While the Regulation governs the conditions under which cultural goods can be introduced into the EU, the UNESCO Convention provides the intergovernmental framework for cooperation between states in preventing and reversing unlawful transfers. The UNIDROIT Convention complements this by creating private-law remedies for the return of stolen or illegally exported cultural objects, even in the hands of good-faith possessors.
As both conventions have been ratified by Romania, they form a harmonized legal environment that reinforces compliance obligations while also supporting restitution claims when ownership is disputed. Familiarity with how these frameworks interlink can strengthen both legal strategy and reputational risk management in cross-border art transactions.
- Anticipate and Address Legal Risk Early
Cross-border art transactions should be structured with clear contractual provisions addressing applicable law, jurisdiction, export/import conditions, and liability for non-compliance. For museum loans or acquisitions, this includes specifying obligations in the event of seizure or challenge by a third country, pursuant to the Regulation.
Including warranties on lawful export, representations on provenance, and dispute resolution clauses can reduce uncertainty and protect all parties involved. Legal planning at an early stage helps prevent regulatory setbacks and facilitates smoother cross-border cooperation.
In 2025, cultural heritage disputes have moved firmly into the spotlight—legally, politically, and commercially. With greater mobility, heightened scrutiny, and increasingly assertive restitution claims, art-related legal work demands both precision and foresight. The frameworks are in place; the challenge lies in using them effectively.
If you are an art collector or institution engaging in cross-border acquisitions, sales, loans, or exhibitions within the EU, now is the time to ensure your strategies and documentation are fully aligned with the new EU framework. At Lexters, we help clients structure transactions, secure the required authorisations, and conduct in-depth provenance checks to ensure both compliance and protection.
Trusted by the Romanian state in a high-stakes art restitution dispute concerning El Greco’s San Sebastian, our team combines expertise in complex dispute resolution with a deep understanding of copyright and business law—enabling us to protect artworks while unlocking their full potential on the international art market.
Article provided by Maria Matei, Associate on Dispute Resolution & IP, and Irina Vasile, Partner.
