Confédération Internationale des Négociants en Oeuvres d'Art

CINOA submission for the Revision of the UCC Sept 2022 page 1 CINOA1 welcomes the opportunity to provide comments to this call for evidence on the revision the Union Customs Code. We understand the available custom’s capacities of Member States are limited yet more than 350 pieces of EU legislation covering a wide range of diverse policy areas, such as product safety, environmental protection, climate change, intellectual property rights, dual use goods, protection of human and animal health, firearms and smuggling must be enforced. 2 Our comments are directly related to practical aspects of customs’ operations and procedures linked to Regulation (EU) 2019/880 on the introduction and the import of cultural goods.

…operations and procedures linked to Regulation (EU) 2019/880 on the introduction and the import of cultural goods. Certain provisions of Regulation (EU) 2019/880 as laid out in the draft implementation guidelines are unrealistic for the art market professionals, private individuals and the competent authorities including customs who must adhere to them. 1 CINOA is the principal stakeholder representing the art trade. Our objective is to represent and promote responsible trade in the art market with a focus on cultural conservation and the trade’s role in preserving, protecting, and promoting cultural heritage.

…with a focus on cultural conservation and the trade’s role in preserving, protecting, and promoting cultural heritage. Our membership consists of 29 groups in 20 countries including 13 EU Member States totaling about 5,000 dealers and auction houses: The Australian Antique Dealers Association Ltd -Australia, Bundesgremium des Uhren, Juwelen-, Kunst, Antiquitäten und Briefmarkenhandels -Austria, ROCAD- The Royal Chamber of Art Dealers -Belgium, The Canadian Antique Dealers Association-Canada, Czech Association of Antique Dealers -Czech Republic, Danish Art and Antique Dealers Association -Denmark, Comité Professionnel des Galeries d’Art -France, Syndicat National des Antiquaires -France, Drouot -France, Syndicat National des Maisons de Ventes Volontaires -France, Kunsthändlerverband Deutschland -Germany, The Irish Antique Dealers Association -Ireland, Associazione Antiquari d'Italia…

Schweizerischer Antiquare und Kunsthändler Switzerland, Verband Schweizer Galerien Switzerland, The British Antique Dealers Association -UK, LAPADA - The Association of Art and Antiques Dealers -UK, Art And Antique Dealers League of America -USA, The National Antique and Art Dealers Association of America -USA, The International Association of Dealers in Ancient Art -International, The International League of Antiquarian Book Sellers -International Confédération Internationale des Négociants en Œuvres d’Art : 87 avenue Louise, 1050 Brussels www.CINOA.org 2 Integrated EU prohibitions & restrictions list: indicative calendar and list as of 1.1.2022 legal notice, 2022, https://data.europa.eu/doi/10.2778/163387.

…list: indicative calendar and list as of 1.1.2022 legal notice, 2022, https://data.europa.eu/doi/10.2778/163387. European Commission, Directorate-General for Taxation and Customs Union, Ref. Ares(2022)6469501 - 19/09/2022 CINOA submission for the Revision of the UCC Sept 2022 page 2 Based on the draft implementation guidelines of Regulation (EU) 2019/880, it is unlikely that there will be a streamlined application and approval process in which customs import declarations are linked to the import licence/importer statement forms, realistic information requests and documentation requirements, so that the applications can be properly completed and swiftly and efficiently reviewed.

…documentation requirements, so that the applications can be properly completed and swiftly and efficiently reviewed. More complete comments on issues relating to regulation (EU) 2019/880) can be found in CINOA’s submission paper 2021 04 20 CINOA submission to the EC Have Your Say consultation on draft Implementing Rules of Import of Cultural Goods 1. A simple electronic process is required so the electronic form-filling process filter out those cultural goods to which the Regulation does not apply so that it is clear both for customs and for applicants. In particular, i. cultural goods created or discovered in the customs territory of the Union; ii. cultural goods that are not of “importance for archaeology, prehistory, history, literature, art or science” (Article 2 (1) of regulation (EU) 2019/880); iii. cultural goods that are of less than 200/250 years of age.

…science” (Article 2 (1) of regulation (EU) 2019/880); iii. cultural goods that are of less than 200/250 years of age. 2. Improvements to the procedures by refining the existing Chapter 97 Customs Commodity Codes to reflect each of the Part B and C categories in regulation 2019/880 (including their minimum age thresholds as well as their maximum values). Refined Customs Commodity Codes to reflect the types of items in the applications will streamline the process for all parties Current Customs Commodity Codes used are 9701 to 9706, but not all items using these numbers fall under the Regulation (EU) 2019/800, therefore, subcategories of items under these codes would provide more precise information and facilitate the administration of the regulation.

…of items under these codes would provide more precise information and facilitate the administration of the regulation. 3. Consideration should been given to combining the importer statement into the import customs declaration system. Customs declarations could be made in advance of import and if the declaration system could identify through additional tailored customs commodity codes the items that would require an importer statement it would speed up and simplify the process. 4. Ensure that a historic database of export rules for each country is accessible which will facilitate identification of relevant documents and authentication of supporting documents both for customs and for applicants. This would streamline the administration and the curtail the time and expense of researching the appropriate export laws and the validity of export documents, if issued, on a case-by-case basis.

…of researching the appropriate export laws and the validity of export documents, if issued, on a case-by-case basis. 5. Article 2 raises the issue of provisions for the safeguarding and storage of cultural goods. By nature, cultural goods are fragile and need special attention Items should only be handled by specialists. Any damage due to unpacking/repacking would be under the responsibility of the customs authorities. CINOA submission for the Revision of the UCC Sept 2022 page 3

…be under the responsibility of the customs authorities. CINOA submission for the Revision of the UCC Sept 2022 page 3 6. Recital 5 states that cultural goods entrusted for safekeeping in a refuge in a Member State should be placed under suitable customs procedures, which would guarantee their storage for an indeterminate period of time, and arrangements should be made in case the risk situation in the third country is expected to persist beyond the foreseeable future. In order to allow the general public to benefit from the temporary presence of these cultural goods in the Union’s territory, their exhibition in premises operated by the same entity that operates the relevant refuge should be permitted, subject to the prior consent of the third country and, where the goods have been placed under customs warehousing, to a prior authorisation by customs in accordance with Regulation (EU) No…

…goods to exhibition premises should only be allowed if their safety and maintenance in good condition can be ensured. 7. Article 5(2 ) states that in order to benefit from the exemption laid down in Article 3(5) of Regulation (EU) 2019/880, a cultural good shall be so described or marked that there can be no doubt at the moment of temporary admission that the good being imported is the same one that will be re-exported or placed under another customs procedure referred to in Article 2(3) of Regulation (EU) 2019/880 at the end of the temporary admission procedure. What are the protocols that will be put in place to ensure that the marking of goods does not damage them and alter their value? Any decision whether to mark cultural goods and by whom it should be carried out needs to be made by a specialist with experience in the handling of cultural property.

…by whom it should be carried out needs to be made by a specialist with experience in the handling of cultural property. 8. Article 5(2) states that the exemption from having to obtain an import licence or submit an importer statement to customs in the case of temporary admission of cultural goods for the purpose of education, science, conservation, restoration, exhibition, digitisation, performing arts, research conducted by academic institutions or cooperation between museums or similar institutions should be arranged in such a way as to ensure that the cultural goods are to be used for those purposes only. This exemption should also be implemented in a way that ensures that the same objects temporarily admitted will be the ones re-exported at the end of the procedure and that customs can readily identify the beneficiary establishments via the centralised electronic system.

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