Withdrawal of the UK from the EU
The United Kingdom left the European Union on 31 January 2020. The transition period which followed, and during which all previous regulations remained unchanged, ended on 31 December 2020. What this means for the cross-border movement of cultural property is summarised below.Although an EU–UK Trade and Cooperation Agreement was signed on 24 December 2020, the UK left the European Single Market and Customs Union at the end of the year. Consequently, since 1 January 2021 the movement of cultural property between the EU and the UK has been subject to the same rules which the EU applies to third countries. Details are as follows:
Although an EU–UK Trade and Cooperation Agreement was signed on 24 December 2020, the UK left the European Single Market and Customs Union at the end of the year. Consequently, since 1 January 2021 the movement of cultural property between the EU and the UK has been subject to the same rules which the EU applies to third countries. Details are as follows:
Exports of cultural property from Germany
Since 1 January 2021, the UK has been subject to Regulation (EC) No 116/2009 on the export of cultural goods to third countries. The age and value thresholds contained in that Regulation determine whether or not an export license is required for items of cultural property.
Please note:
In terms of license requirement, the age and value thresholds for exporting cultural property to the UK are lower than the thresholds for such exports within the EU. As a result of the United Kingdom’s change of status, items which did not previously require an export licence may now require one. More information can be found on our website in the overview of age and value thresholds for exports within and outside the EU (German only).
The “laissez-passer” rule (section 24 (8) of Germany’s Act on the Protection of Cultural Property – Kulturgutschutzgesetz, KGSG) allows that even if the age and value thresholds are exceeded for exports to the EU internal market, the license requirement will be waived if it can be proved that the cultural property in question was imported into Germany on a temporary basis, i.e. no longer than two years ago. This rule no longer applies to exports to the United Kingdom. Now, if the item in question exceeds the age and value thresholds, an export license must be obtained from the issuing authority of the relevant German federal state.
With effect from 1 January 2021, institutions preserving cultural property in Germany must, if they have a general open licence for third country exports, use this license for temporary exports of cultural property to the UK. If institutions do not have such a license, or if they only have a license for the EU, they are advised to apply for one as soon as possible. The general open licence is valid for a period of five years and can be used without restriction for the export of cultural property during this period. The re-export of loaned works back to the UK does not require a license under Regulation (EC) No 116/2009 on the export of cultural goods.
See below for details on handling deliveries that were still in transit on 1 January 2021.
General information on the provisions for exporting cultural property can be found on our website under Export provisions.
You can find the relevant authorities and contacts for any questions you may have concerning export licenses for cultural property, as well as the relevant application forms, using the Authority finder.
Imports of cultural property into Germany
General information on the provisions for importing cultural property to Germany can be found on our website under Import provisions.
For cultural property imported into Germany from the UK and not originating in another EU member state, Regulation (EU) 2019/880 on the introduction and the import of cultural goods has been applicable since 1 January 2021. This means that illegally exported cultural property originating in the UK or another third country must not be imported into the EU. Other measures, such as the requirement for licenses or statements in order to import certain categories of items, will apply from 2025.
An overview of the provisions of the EU Regulation can be found on our website under Regulation on the introduction and the import of cultural goods.
Customs provisions
The above information describes the impact of Brexit on the applicable import and export provisions for the protection of cultural property. These should not be confused with the customs provisions applicable to the trade in goods with third countries outside the customs territory of the EU.
Further information on the customs provisions applicable as a result of Brexit can be found on the website of the German customs administration.
Please note that due to the customs formalities which apply from now on, and due to the licensing procedures concerning cultural property, processes may take longer than usual. Please take this into account in your planning.
Deliveries still in transit on 1 January 2021
Under the terms of the withdrawal agreement, any transfer of cultural property between the EU and the UK which began before the end of the transition period but was not yet completed by 1 January 2021 is to be regarded as a transfer within the EU until such time as it is completed. .
Return mechanisms for cultural property
Directive 2014/60/EU on the return of cultural property between member states ceased to apply to the UK as of 1 January 2021, as did the provisions to implement that Directive as set out in the German Act on the Protection of Cultural Property (KGSG). However, the principles of the Directive will be maintained under the EU–UK Trade and Cooperation Agreement, which provides for a separate return mechanism.
General information on return mechanisms for cultural property can be found on our website under Return mechanisms.
Further information
The European Commission has published a notice with more detailed information on the impact of Brexit on the export of cultural property (last updated 17 December 2020).
The German Federal Government’s website has an overview of key information sources on the topic of Brexit.