The European Union, also known as the European Community and previously named the European Economic Community, is a constantly evolving international European organization. One of the EU’s main goals is establishing a single European market with free trade in goods, including cultural goods. However, to protect their national cultural property, the EU’s member states may include import and export restrictions in their national law. The EU has also passed legislation to protect cultural property.
EU legislation is made up of regulations and directives. A regulation creates direct rights and obligations for EU citizens and need not be transposed into national law. By contrast, directives do need to be transposed by the member states into national law.

EC regulations on the import and export of cultural objects

Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods (previously Council Regulation (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods) and Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 govern the import and export of cultural objects into and out of the EU’s economic area.

These regulations are intended to prevent the illegal import and export of cultural property.

Imports and exports in trade with third countries

Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods is intended to ban the illegal transfer of cultural property from the EU’s economic area to countries that are not EU member states (third countries).

It contains provisions

• on the scope of the regulation,
• on the definition of protected cultural property, and
• on competences and procedures.

Council Regulation (EC) No 1210/2003 of 7 July 2003 is the result of UN Security Council Resolution No 1483 (2003) and is intended to prevent certain Iraqi cultural objects from being imported to, exported from or traded in the EU economic area.

It contains provisions

• on the scope of the regulation, and
• on the extent of protection.

EU member states’ right to claim returns from each other

Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State governs the right of EU member states to claim returns from each other and the procedure for doing so. With the end of national customs borders, European legislation was needed in addition to national export regulations in order to protect cultural property from being taken out of its country of origin.

This directive was implemented by Germany's Act on the Return of Cultural Objects of 15 October 1998. This Act governs Germany’s right to claim the return of cultural property, the return of cultural objects unlawfully removed from the territory of a member state, and the relevant procedures. In this way, the Act complements the Act to Protect German Cultural Property against Removal.

Council Directive 93/7/EEC and the UNESCO Convention on cultural property

Because the UNESCO Convention of 14 November 1970 on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property governs the return of cultural property at the international level, Council Directive 93/7/EEC and the UNESCO Convention were combined within a single new German law:

Article 1 of the Act of 18 May 2007 to Implement the UNESCO Convention of 14 November 1970 on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property amends the 1998 Act on the Return of Cultural Objects.

To implement Council Directive 93/7/EEC, the Act on the Return of Cultural Objects includes provisions

• on the definition of protected cultural property,
• on the jurisdiction for public-law claims for the return of German cultural property of national significance transferred to another member state,
• on the requirements for another member state to claim the return of property transferred to the Federal Republic of Germany,
• on jurisdiction and procedures for returns of cultural property, and
• on provisions of criminal law.