London
We are all aware of the increasing burden being placed upon dealers by Euro-bureaucracy. Far from creating a “single market,” legislation since 1993 has produced a plethora of regulations either restricting the free movement of cultural objects or increasing the forms and paperwork to be filed so as to make most small dealers incapable of fulfilling the stated requirements.
The creation of a so-called “frontier-free” Europe has in itself created new problems and the most recent examples concern Italy, a country known for its partisan regulations, restricting both the import and export of the fine arts.
Bad laws beget an indifferent respect of the same. The “free market” is supposed to allow the movement of cultural goods between member States with the minimum of regulations and requires an export licence only where the value of such goods exceeds—in the case of paintings, £119,000. Below that limit, no export licence is required—and the goods can transit from one country to another without let or hindrance.
This applied to Italy as well, but on 22 May the Ministero per Beni Culturali e Ambientali issued a Protocol (no. 3666-A48) negating the basic precepts of the free movement of goods on the grounds that Italian officials could not be certain of the origin of goods.
Since the T2 Import form has been abolished and there are no frontier controls on importation, they now claim that they have no absolute guarantee that the goods originated outside Italy.
The Italians have stated, in effect, that they no longer accept the invoice or declaration from the shipper that the goods have been imported from an EU country into Italy. The Italians therefore, in flagrant disregard of the EU regulations, deny that they can again be automatically re-exported.
In view of the fact that their nationals are well-versed in finding ways round the prevailing, unenforceable and patently unfair regulations concerning works of art, the Italian authorities fear that false documentation will be created which could in some cases allow goods which have not been imported from EU countries, but which in fact emanate from Italy, to leave the country under false pretences. The circular of 22 May which has been sent to all superintendents throughout Italy (although some are unaware of the contents of the communication) thus attempts to suspend the right of temporary importation into Italy of goods originating from other member states which are below the export-licenceable level. The Italian authorities will now only accept goods which have received a member State’s export licence as proof that it emanated from that country.
Clearly, this is a completely unacceptable position for all traders. Traders are therefore advised that in order to be safeguarded they must first export their goods to Switzerland and then into Italy on a T2 with a temporary importation, since the goods would then not emanate immediately from the EU, or they must run the risk of having their property “notified,” seized or refused re-exportation when the goods are to be returned to the originating country.
This means that goods valued at under £119,000 cannot be sent on sale or return to Italian clients or traders and, indeed, it could be risky to attend a trade fair on Italian territory as the authorities no longer now accept the usual documentation that the goods have been sent from France, Germany, etc.
This latest move by the Italian authorities should be resisted. If they are concerned about falsification of paperwork they should be put under the obligation to issue a certificate of origin free of charge through their consulates to any trader wishing to send goods from an EU country into Italy on a temporary basis. Naturally, this would create added work for the consulates concerned but that is a matter for the Italian authorities to resolve if they are not to run foul of the EU agreements.
Furthermore, even when a painting is in Italy under the benefit of an existing temporary importation, the Italian authorities have instructed their export licence offices not to issue the licence for the return of goods to EU member countries or non-members even when the value exceeds £119,000 for paintings, until sixty days after the application has been received, thereby causing a notable delay. The professed reason for the two-month delay is to allow the police authorities (Nucleo per la Tutela dei Beni Culturali) to vet each and every object to ascertain its origin and whether it has at any time been in Italy or was stolen. This too is a gross infringement of free trading. If the goods concerned have been issued with an export licence from a member nation, the law requires that they should be free to circulate. Sixty days is an immensely long period and can cause the trader concerned the loss of a contract or client. Such unilateral declarations were not envisaged in the original EU legislation.
Finally, the Italian authorities have indicated that they will not renew existing temporary importation licences at the end of the five-year period of expiry (they used to be renewable), effectively “nationalising” those works which are not promptly re-exported. This seems likely to trigger an exodus by owners keen to safeguard the international value of their property.