Navigating Regulation (EU) 2019/880: implementation in Italy and competent authorities for the New European Framework for Importing Works of Arts

As of 28 June 2025, the Regulation (EU) 2019/880 has come into force, introducing a harmonised system for the introduction and importation into the European Union of cultural property originating from third countries. The objective is twofold: to combat the illicit trafficking of works of art and to ensure the traceability of their origins, while preventing money laundering and the financing of terrorism. 

For further information please see our previous article “New EU regulations for importing cultural property into the EU – what art collectors need to know” written by Suzanne Marriott and Samantha Ruston. 

The Regulation is coordinated with the Union Customs Code and is inspired by the UNESCO 1970 and UNIDROIT 1995 conventions. Its cornerstone is the prohibition on the introduction of cultural property exported illegally from the country of creation or discovery (Part A of the Annex) and, for the remaining scope, two procedural channels:

• a licence for high‑risk items in “Category B,”
• an importer’s statement for items in “Category C.”

Regulation (EU) 2019/880 is directly applicable in the Italian legal system; accordingly, it does not require a national transposition law but does require the designation of national competent authorities and the adoption of the implementing measures (organisational, procedural and sanctions‑related) necessary for its full operation.

In Italy, responsibility for issuing import licences for high‑risk cultural property (so‑called “Category B,” such as archaeological finds and elements from monuments or sites over 250 years old) lies with the Ministry of Culture, acting through the Export Offices at the Superintendencies of the Directorate‑General for Archaeology, Fine Arts and Landscape (ABAP Export Offices).

Applications are submitted and managed exclusively online through the ICG – Import of Cultural Goods system, integrated within the EU TRACES NT platform, with a decision to be issued within 90 days from receipt of a complete application. A refusal may be issued, inter alia, in cases of insufficient proof of lawful export, indications of unlawfulness, or pending restitution claims.

For items falling under “Category C” (works over 200 years old and valued at or above EUR 18,000, such as paintings, sculptures, manuscripts, rare books, coins and ethnographic objects), no licence is required. The importer instead files — again electronically — a substitute declaration attesting to the lawful export from the country of provenance, accompanied by a standardised description of the item and supporting documentation. The quality of this information is crucial for risk analysis and for any targeted customs inspections.

In both scenarios, the Italian Customs and Monopolies Agency (ADM) conducts border customs checks, verifying the existence and validity of the licence or declaration in the electronic system and may suspend release for documentary or physical examinations. Cultural authorities and customs authorities cooperate on an ongoing basis for control activities and risk assessment; enforcement and investigative support by the Carabinieri Command for the Protection of Cultural Heritage remains in place, particularly where there are indications of illicit provenance or pending restitution requests.

Operationally, the new framework requires operators in charge to ensure proper documentation and traceability from the outset. For Category B, obtaining a licence from the ABAP Export Offices requires proof of lawful export from the country of creation or discovery (or, in specified cases, from the last country of stable residence), while for Category C the importer assumes responsibility for declaring that the export from the country of provenance was lawful.

In Italian practice, it is therefore advisable to prepare provenance files that are “ICG‑ready,” anticipating checks in the country of origin and planning the timing and costs of the procedure. The quality and completeness of provenance dossiers are decisive for the outcome of the administrative review and for the risk analysis conducted at customs.