Art Beyond Its Borders

The international circulation of works of art is a constant throughout history. What has changed over time is the value that communities have attributed to these objects, which were long considered solely for their aesthetic merit and as instruments for the display of power—power being a frequent (and interested) patron. Starting in the 19th century, artworks progressively acquired an identity-related value, becoming symbols around which communities recognize and unite themselves. Today, a "cultural asset" is broadly defined as a "testimony having value as a civilization" (Franceschini Commission, 1964). The material object that serves as its physical support must therefore be considered not only in its tangible form, but also as a vehicle for an intangible value—artistic, historical, archaeological, archival, and so on—that determines its cultural and social significance (as well as the need for specific legal protection). By virtue of this, the Treaty on the Functioning of the European Union, while establishing the principle of the free movement of goods within the internal market (Articles 34 and 35), allows Member States to impose restrictions and prohibitions on trade for the purpose of protecting national artistic, historical, or archaeological heritage (Article 36).

Section curated by CBM & Partners

Primary legal source: Code du patrimoine (CdP)

Cultural property subject to restrictions on removal from national territory

National Treasures - art. L.111-1, CdP

items belonging to the collections of French museums;
public archives resulting from the selection process set out in Articles L. 212-2 and L. 212-3, as well as items classified as historical archives under Book II;
items classified as historical monuments;
items forming part of the movable public domain, pursuant to Article L. 2112-1 of the General Code of Public Property;
other items of major interest to the national heritage from a historical, artistic, archaeological, or linguistic standpoint, including knowledge of the French language and regional languages.

The permanent removal of these items beyond French borders is prohibited.

Temporary removal is permitted for the purposes of restoration, appraisal, participation in a cultural event, or deposit in a public collection (L. 111-7).

Cultural Property - Annex 1 of Article R.111-1, CdP

The temporary or permanent removal of cultural property, other than national treasures, which presents historical, artistic, or archaeological interest is subject to the issuance of a certificate by the administrative authority (L. 111-2, Heritage Code).

Categories of items requiring authorization:

national antiquities of any origin (excluding coins) and archaeological objects over 100 years old (including coins) coming directly from excavations or underwater discoveries: no value threshold;
archaeological objects over 100 years old and coins predating 1500 not directly originating from excavations or underwater discoveries: > €3.000,00;
coins dated after January 1, 1500 and more than 100 years old, not directly originating from excavations or underwater discoveries: > €15.000,00;
architectural elements and fragments, whether civil or religious in nature, over 100 years old: no value threshold;
paintings and pictures over 50 years old: > €300.000,00;
sculptures (or casts made using the same technique) over 50 years old: > €100.000,00;
watercolors, gouaches, and pastels over 50 years old: > €50.000,00;
drawings over 50 years old: > €30.000,00;etc.

Authorisations for intra-EU circulation

Temporary Export Authorisation - art. L.111-7, CdP

Granted for both cultural property and national treasures, issued for a duration proportionate to the purpose of the request, for restoration, expert appraisal, participation in cultural events, or deposit in a public collection.

Export Certificate - art. L.111-2, CdP

Issued exclusively for cultural property. It certifies on a permanent basis (it has no expiration date) that the item is not classified as a national treasure. For items less than one hundred years old, the certificate is issued for a renewable period of twenty years.

Authorisations for Extra-EU Export

Export licence (Art. 2, Regulation (EC) No 116/2009), temporary or permanent, for the exit from the territory of the European Union (in addition to the documents required for intra-EU transfers).

Prohibition of export and acquisition by the State

Article L.111-6 of the Heritage Code provides that, if a certificate is required for a cultural good and this certificate is refused, the item may not be exported for the following 30 months.

During these 30 months, the State may submit a purchase offer that takes into account the prices prevailing on the international market (Art. L.121-1).

If the offer is not deemed satisfactory by the owner, an expert valuation of the item is carried out.

If the State does not submit a purchase offer within two months of the presentation of the valuation and therefore does not exercise its right of pre-emption, the export certificate may no longer be refused.