Regulatory Crossroads: How EU Regulation 2019/880 and President Trump’s Proposed Tariffs Could Reshape Europe’s Fine Art Trade
In recent years, Europe’s fine art market has navigated a labyrinth of new regulations and post-Brexit economic tensions. The trend looks to continue, with the European Union’s Regulation 2019/880—set to come into full effect in June 2025—which aims to clamp down on the illicit trade of cultural goods. President Donald Trump’s proposed plan to impose tariffs of 25% on EU imports, as have already been applied to those from Canada and Mexico (in addition to tariffs of 20% on goods arriving from China) has sent shockwaves through transatlantic trade discussions. Together, these measures are poised to reshape how fine art is bought, sold, and traded across Europe.
The EU Regulation 2019/880 targets the import of cultural goods, including fine art, antiquities, and other historical objects, by mandating strict provenance documentation and import licensing. Designed to prevent the entry of items illicitly exported from third countries, the regulation categorizes cultural goods based on age and value (for example, items over 200 years old and valued above €18,000 may require an importer statement) and imposes a centralized digital system for verifying legal export certificates.
Critics within the art trade argue that these requirements will add a significant administrative burden on galleries, auction houses and private collectors. Many ancient objects lack the documentation required to prove lawful export—a situation that could divert business to markets with less onerous regulations.
Meanwhile, amid ongoing trade negotiations, President Trump has threatened to impose a 25% tariff on a broad range of imports from the EU, including fine art. Tariffs of this magnitude could significantly raise the cost of acquiring European artwork for American collectors and dampen demand for these artworks in the USA. Analysts at Artnet and other financial news outlets have pointed to the possibility that such tariffs will not only increase operational costs for galleries but also drive more artworks into freeports storage as a strategy to avoid import taxes on entry to the USA. Recent commentary from The Guardian warns that these tariffs could potentially set off retaliatory measures by the EU.
The dual pressures of stringent EU import controls and steep US tariffs would be a heavy burden for the fine art trade in Europe. Dealers now face a “paper chase” to compile decades-old provenance records while bracing for increased transaction costs due to tariffs. These intersecting measures could lead to reduced market liquidity as galleries and auction houses struggle with lower sales turnovers and administrative delays, as well as shifts in established trade routes as some market players consider relocating operations outside of the EU. London has already seen a boost in its Asian art sector due to anticipated regulatory shifts, according to the FT.
Lobbying efforts are underway in major art hubs like Paris, where dealers warn that these measures will not only impede the free flow of cultural goods but stand to criminalize long-standing and legitimate collections that lack modern documentation[1].
Looking Ahead: Strategies for a Shifting Landscape
In response to the new regulations, art market businesses are rethinking their strategies by investing in blockchain-based provenance systems to meet the documentation requirements of Regulation 2019/880. Dealers are also increasingly exploring non-EU markets, as seen by the recent surge in London’s art scene, galleries opening satellites in locations such as Hong Kong and the inauguration of auctions in Saudi Arabia by Sotheby’s in February 2025.
Regulation 2019/880 represents a significant shift in the way the EU governs the entry of cultural goods into its customs territory. Under the previous framework, much of the control over cultural goods was managed at a national level or through older EU instruments, such as Regulation (EC) No 116/2009, which focused mainly on export controls. This meant that while there were rules in place to prevent the illicit export of antiquities and art, the import side was less uniformly regulated.
In contrast, Regulation 2019/880 creates a unified, EU‑wide system that categorizes cultural goods into specific categories based on factors such as age, value and the perceived risk of illicit export. Category A items (illegally exported cultural goods) are completely prohibited, while Categories B and C will require an import licence or an importer declaration for the latter.
The new regulation also shifts the burden of proof to importers, who are now required to provide documentary evidence that the cultural goods were legally exported from their country of origin – or, that they were in a third country for more than five years. This is a notable contrast to the previous system, where such documentation was not uniformly required across all member states. The new regulation also requires the use of an EU‑wide electronic system for submitting import licenses and statements, ensuring greater consistency and traceability across all Member States.
Navigating these changes will require innovation in provenance verification, strategic market diversification and active high-level diplomatic engagement. Compliance will become more complex for art dealers and collectors, but the changes move towards harmonizing a transparent approach for the movement of cultural goods across the entire EU.