Trade control and protection of cultural goods in the European Union

Abstract

The dual nature of cultural goods had early prompted the European Community to introduce a legal basis for harmonized customs procedures, export and import regulations within the customs union, and later the internal market. Through an analysis of the varied terminology employed by the EU concerning cultural goods, this paper argues that the EU’s approach in this domain has undergone significant transformation over time, as evidenced by the evolution of its strategic trade control regime of cultural goods. Early regulation primarily focused on addressing internal market issues, while also endeavoring to preserve national ownership over national treasures and attending to the material aspects of cultural heritage. However, since 2015, in response to the changing security environment and international trends, the EU has expanded its perspective on strategic trade control over cultural goods to encompass a global dimension. This expansion is exemplified by the adoption of Regulation (EU) 2019/880, driven by the imperative of the prevention of looting, plundering, illicit trafficking, and the fight against terrorism financing. Furthermore, the adoption of the 2021 Council conclusions on cultural heritage protection in conflicts and crises marks a significant shift in how cultural heritage can be integrated into the EU's external actions. This evolution reflects cultural heritage’s increasing importance, both in its material and immaterial forms, across the EU’s home affairs, external actions, and internal peace and security agenda as well.