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Confédération Internationale des Négociants en Oeuvres d'Art

CINOA

As the International Federation of Dealer Associations, CINOA, established in 1935, is the global leader in representing the international art and antiques trade, setting benchmark standards including the world-wide adoption of The CINOA Code of Ethics.

Lobbying Activity

Response to Implementing rules on the Export of Cultural Goods

17 Nov 2025

Comments by CINOA about the proposed regulation: 1. Draft Article 5(1) - specific open licences Existing Article 10(1) of Commission Implementing regulation (EU) No 1081/2012 states that in the case of a specific open licence: The cultural good must be owned by, or be in the legitimate possession of, the particular person or organisation that uses and/or exhibits the good. Proposed Article 5(1) of the draft regulation removes the need for the person using or exhibiting the goods to either be the owner or in legitimate possession of them and instead inserts a very different requirement, namely that only a person who owns or has legitimate possession of the goods can apply for the licence: The cultural good must be owned by, or be in the legitimate possession of, the person that applies for the specific open licence. It is not clear why this change has been introduced. It appears to prevent a representative of the owner or of the legitimate possessor from applying for a licence. This change, combined with the removal of the applicants representatives field from the application form (see below), restricts the categories of applicants allowed to complete a form by preventing owners' or possessors representatives, such as agents or shippers, from doing so on behalf of the owners or possessors. Bearing in mind that the existing export licence regulations do not restrict applications in this way, we request that this restriction be removed. If it is not removed the export licence process will become unworkable, since agents and representatives will be prevented from carrying out their functions on behalf of their clients. 2. Draft Article 7 - EORI number Proposed Article 7 states: Persons who apply for an export licence shall use an EORI number to identify themselves, in accordance with Articles 3, 4 and 6 of Commission Delegated Regulation (EU) 2015/2446. We note that the principal regulation governing cultural goods export licences (116/2009) does not restrict the issuing of cultural goods export licences to entities or persons who are in possession of an EORI number; it is not a requirement of the regulation to have an EORI number. Furthermore, as expanded on below, Article 6(2) of Delegated Regulation 2015/2446 means that it is not a legal requirement for private citizens to obtain an EORI number if they are occasional exporters/importers. Therefore, by making private citizens provide an EORI number when applying for an export licence the implementing regulation goes beyond the authority of both: (a) the principal regulation; and (b) the Union Customs Code (and its delegated regulations). It also interferes with the ownership rights of individual private citizens, and in particular their right to dispose of any lawfully-acquired personal property in respect of which a member state placed no restrictions on its export. Additionally, we make the following comments about EORI numbers in respect of non-EU based businesses and private owners of cultural goods: EORI numbers: Economic operators not established in the EU Article 5 of Delegated Regulation 2015/2446 (Union Customs Code) concerns EORI number registration for economic operators who are not established in the EU. By limiting the reference in draft Article 7 (above) to Articles 3, 4 and 6 of regulation 2015/2446, and excluding a reference to Article 5 of regulation 2015/2446, non-EU economic operators could be denied the ability to export cultural goods from the EU. It is a common occurrence for cultural goods to be purchased from EU sellers by commercial entities that do not have an establishment in the EU. By the time such goods are due to be exported they may have been paid for and are therefore owned by a non-EU entity, so it would be appropriate for that new owner to be the entity applying for the export licence. The principal regulation (116/2009) places no limitations on the category of persons who may apply for a cultural goods export licence,
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Response to A Culture Compass for Europe

22 May 2025

CINOA*, the international federation representing 5,000 art and antiques dealers through 32 organisations across 22 countries, welcomes the European Commissions consultation as part of its review of cultural policy. We strongly support the objective of embedding culture more deeply into EU policy and external action. In doing so, it is essential to recognise the vital contribution of the art and antiques trade to the European cultural ecosystem. Micro and small businesses (M-SME) in this sectorsuch as galleries, dealers, auction houses, antiquarian booksellers, restorers, appraisers, and other cultural intermediariesplay a vital role in promoting culture and historical knowledge, supporting the circular economy, and embodying the European Way of Life. They also act as key facilitators of public access to cultural objects, often working with living artists, to encourage cross-border cultural exchange and ensure the preservation and transmission of cultural heritage. CINOA answers to this call of evidence to present our priorities and recommendations for an inclusive EU cultural strategy. SEE ATTACHED FILE FOR OUR FEEDBACK. *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 trades role in preserving, protecting, and promoting cultural heritage. Our membership consists of 32 organisations 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, Christies -France, Comité Professionnel des Galeries dArt -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 -Italy, Association of Fine Art Dealers In the Netherlands -Netherlands, TEFAF-The European Foundation of Fine Art -Netherlands, The Union of the Norwegian Art and Antique Dealers -Norway, Art and Antique Dealers Association of Poland -Poland, Associação Portugesa Antiquários -Portugal, International Confederation of Antique and Art Dealers of Russia -Russia, Federacón Española de Anticuarios -Spain, Swedish Art Antique Dealers Association -Sweden, Kunsthändelsverband der Schweiz/ Association du Commerce d'Art de la Suisse -Switzerland, Verband 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 Authentic Tribal Art Dealers Association -USA, The National Antique and Art Dealers Association of America -USA, The International Association of Dealers in Ancient Art -International, International Association of Professional Numismatists-International, The International League of Antiquarian Book Sellers -International
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Meeting with Desislava Dimitrova (Cabinet of Commissioner Glenn Micallef)

21 Mar 2025 · Introductory meeting

Meeting with Sandro Ruotolo (Member of the European Parliament)

7 Nov 2024 · Introductory meeting

Response to Revision of the Union Customs Code

19 Sept 2022

CINOA 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. As representative of art traders, CINOA has limited our comments to practical aspects of customs’ operations and procedures linked to Regulation (EU) 2019/880 on the introduction and the import of cultural goods.
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Response to EU Action Plan against trafficking in cultural goods

31 May 2022

CINOA, established in 1935, is the global leader in representing the international art and antiques trade, setting benchmark standards for the industry and promoting a responsible art trade. The professional art and antique dealers’ role in finding, researching, restoring and bringing to light, items that might otherwise remain hidden to scholarship is a major contributor to the conservation of cultural objects and heritage. We are fully supportive of much of the initiative and have made comments on specific points and concepts. We are keen to discuss all aspects of the art business and provide further explanations of our points of view. This submission includes A) A request to include greater art trade participation in EU actions related to the art market to help draft effective policy and legislation that will not harm the legitimate trade B) Comments, listed in chronological order, on the document Call for Evidence for an Initiative for Trafficking of Cultural Goods- Action Plan Ref. Ares(2022)3488187 - 06/05/2022
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Response to EU Anti-money laundering supervisor

29 Nov 2021

CINOA understands that Member States are responsible for the establishment but remain free to introduce rules going beyond those laid out in the package of proposals of which this draft Directive is a part, but only if they are justified on a risk-based approach. As representatives of the art market, our comments are confined to the rules, processes and reviews directly affecting the obliged entities consisting of persons trading or acting as intermediaries in the trade of works of art. We insist on clear, simple, consistent and proportionate rules and processes which are feasible for specialty micro retail businesses, like our sector, whose transactions might only occasionally fall under the scope of the regulation. Minimizing costs is very important for the art market sector which consists of small shop keepers with an average of 3-4 employees. Therefore, the directive should insist on: 1. Publishing AMLA regulatory guidelines and technical standards at least 12 months before the regulation goes into force, including a definition of a “customer” as it applies to the art market. 2. Timely access to adequate information for an obliged entity to collect the required data in order to comply. The meaning of timely is extremely important in our sector where often purchases are made on the spot. 3. Oversight, reports and reviews should, where appropriate, be made available to obliged entities in a timely manner to enable them to identify, understand, manage and mitigate their own risks. The inclusion “persons trading or acting as intermediaries in the trade of works of art” as obliged entities should be re-evaluated based on the risk assessments and statistics. 4. The AMLA should publish standards against which AML/CLT service providers operate and issue a list showing the providers which achieve each standard. For a more detailed explanation, see the attached document as well as our submission for the proposal of the EU AML regulation
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Response to Revision of EU rules on Anti-Money Laundering (new instrument)

17 Nov 2021

As representatives of the art and antiques trade, CINOA supports effective measures against money laundering and terrorist financing and would like to work with the EU institutions to help provide information and insight into the art market sector and the sector’s business practices. CINOA believes that through further analysis and dialogues with all stakeholders, a workable policy can be defined properly pinpointing with whom, when and how new measures should be carried out. Art dealers and art intermediaries have already for many years had to abide by the EU’s anti-money laundering rules concerning payments in cash, and art dealers are already obliged to report suspicions regarding possible illicit funding. We therefore suggest a cautious, proportionate approach to amending AML legislation. Unless a proportionate approach is adopted there is a risk of a reduction in sales of works of art, less promotion of works of art, ultimately leading to reduced interest for the preservation of heritage works and a loss of tangible movable culture. This document explains our rationale for reducing the sector scope by implementing an increase in the transaction threshold used to define the in-scope sector.
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Response to Preventing illegal trade in wildlife

27 Oct 2021

Conservation of cultural heritage is threaten by insensitive bio-diversity legislation Special attention should be given by the Commission to ensuring that new measures do not prevent the conservation and exchange of historical worked objects made of, or including elements of, organic materials that fall within the scope of this initiative. Cultural goods become collateral damage of bio-diversity legislation CINOA understands and appreciates the complexity of the process of deciding whether to tighten up the EU’s rules on wildlife trade. However, EU initiatives tend to be so focused on the overall picture that the needs of small sectors are overlooked. An example is pre-1947 antique worked ivory, which will soon be subject to new restrictions that will likely cripple the legitimate international trade in certain types of antiques. This well-intentioned legislation, designed to prevent and stop the illicit trade in ivory, will in fact hinder the legitimate sale of artistic or historical objects made of or containing ivory, even when the amount or proportion of ivory in an object is tiny. These worked antique objects have no link to the poaching of elephants over the last 70 years. Throughout the process of developing the ivory restrictions major modifications were incorporated into proposals without sufficient transparency or proper explanations being given for the modifications. In fact, ever since the last consultation into ivory trade restrictions on 25 February 2021, it has been impossible to obtain any further information concerning the most recent revisions to the Commission’s proposed ivory trade guidance document for Member States. CINOA insists that any legislation involving wildlife restrictions should take full account of the importance of and foster efforts to safeguard objects that incorporate or are made, not only from antique ivory, but also from any organic material that might fall under this wildlife initiative. Historical objects have no links to modern day endangerment of wildlife. Trade in all historical items should be allowed regardless of the perceived cultural, artistic and historical value at a particular time, since the perceived significance of an object can change with time. It would be wrong to allow political messaging to dismiss certain types of objects as not currently being of importance, since at a later date information about those objects could come to light rendering them of cultural, artistic or historical value, by which time some examples of that type of object may have been disposed of or destroyed. The initiative would benefit from: A. More transparent decision-making process *Minutes of expert and working group meetings including decisions, supported by rationales, should be recorded and made available to stakeholders. *Proposals to be voted on by the groups and the Commission should be made available to stakeholders. B. Focused dialogues and working groups consisting of interest group representatives *Initial meetings with interest groups should be held with representatives from the same or similar sectors, to enable representatives to explain to officials how their particular sector operates and the aspects of a proposal that are of concern to their particular interest group. *At the next stage there should be an opportunity for interest groups from a cross section of interests, including potentially opposing viewpoints, to properly discuss and debate any proposals, rather than to hold stakeholder meetings at which people read from prepared texts (which is not effective or ecologically justifiable) *A formal working group should be formed which includes selected representatives of interest groups, thus enabling their perspective and practical understanding to be an integral part of the drafting process. C. More emphasis should be on placed on fact finding and use of non-biased studies from independent groups. READ THE ATTACHMENT FOR MORE COMPLETE INFORMATION
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Response to Implementing arrangements for the import of cultural goods

20 Apr 2021

As representative of the art and antiques trade, CINOA's preliminary analysis of the proposed detailed rules for implementing certain provisions of Import of Cultural Goods (ICG) Regulation (EU) 2019/880 of the European Parliament and of the Council on the introduction of the regulations reveals that the legality of some of the rules may be questionable. Many of the rules are unnecessary complicated, burdensome, and disproportionate for the majority of ordinary cultural goods that are traded legally and unworkable unless modified. The rules will limit the circulation of cultural property that has been legally owned for decades or even centuries, without succeeding in its prime objective of combatting terrorist financing. We have some concerns about the overall scope of the proposed implementation of the regulation and how it compares and if it is compatible with other legislation, particularly the Export Licence Regulation (EU) 116/2009 which is considerably simpler, and the simplicity of which it should mirror. It would now be more complicated to import cultural goods than to export them. We believe that there are legal problems inherent in Regulation (EU) 2019/880 stemming from the requirements to know third countries’ export laws, (not just their current laws, but those in existence during all periods in history when cultural property was created) if citizens are not provided an opportunity to consult a code or official journal, in the official languages of the member states, to inform them whether their actions are compliant with the law. The nulla poena sine lege scripta principle has not been followed; Article 4(4) of Regulation (EU) 2019/880 requires holders of goods to provide “evidence of the absence of such laws” without being provided access or tools to obtain the information. It is an arbitrary law since a citizen cannot readily know whether they are in breach of it or not. From a human rights perspective, how can it be possible for a law-making body to pass a regulation that entirely depends on rules which the body itself has failed to codify and make available in written form? Additionally, from a practical point, how can the competent authorities themselves evaluate the applications if they do not have easy access to the information. Therefore, measures should be added requiring the creation by the Commission of a database written in all the official languages of the European Union which provides the necessary information to evaluate whether exports are compliant with the law of non-EU states. We also call attention to the fact that the Regulation 2019/880 sits uncomfortably with member states’ laws on the restitution of third countries’ cultural property. Only a limited number of member states of the EU have implemented the 1970 UNESCO Convention into national law, so in the event of an import licence being declined by member states, then there would be no legal basis for the return of these goods to their country of creation and doing so would violate the property rights of the importer. Preventing their import into the EU is inappropriate and disproportionate if they cannot be lawfully returned to their country of creation. We believe that Regulation EU) 2019/880, as well as the draft implementing rules, should be evaluated by the Regulatory Scrutiny Board (RSB) to consider whether it meets its prime objectives and the proportionality principle, as well as considering its incompatibility with other legislation, before undertaking the development of the IGC electronic system. Some of the detailed rules for implementing certain provisions of Regulation are unrealistic for all parties concerned. (see attachment)
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Meeting with Helena Braun (Cabinet of Executive Vice-President Frans Timmermans)

20 Apr 2021 · EU 2030 Biodiversity Strategy and rules on ivory

Response to Wildlife trade – alignment of EU rules with recent decisions taken under the CITES convention and changes to EU ivory trade rules

23 Feb 2021

CINOA, as the principal international representative of the micro- and small businesses in the fine art and antiques trade , supports proportionate legislation that stops trade in items at high risk of “laundering” ivory from recently killed elephants or which may enter the illegal ivory trade chain, whilst allowing regulated trade in low-risk items. After two years of stakeholder meetings and discussions, last October EC officials presented us with a proposal which, whilst not perfect, provided a workable way forward. It allowed the import of genuine antiques containing ivory and limited the export of antiques to those items whose value was intrinsic to their workmanship, rarity, artistry or historical and cultural attributes and not to the ivory they contain. It also required most internal trade in antiques to be controlled through EU commercial use certificates. It recognized and did not hinder the international exchange of historical cultural property and artefacts which are an important means by which the different peoples of the world understand each other’s cultures. This international exchange has existed since the beginning of trade. An Annex has been included to portray the diversity of antique cultural items incorporating ivory. The most recent and considerably amended proposals published on January 28, 2021 run counter to everything that has been discussed for the last two years and we find it hard to believe that they have taken into account their impact on the cultural heritage of the European Union, which would be devastating were they to be introduced. It is critically important to understand and develop proposals that take into account the distinction between antique cultural items and raw ivory tusks or modern-day trinkets. The Commission has already recognised that items in the first of these categories are highly unlikely to fuel the demand for ivory or contribute to poaching or illegal trade. We believe that the new proposals disregard the fact that worked antique ivory objects are cultural items: A. do not comply with principles of proportionality and subsidiarity, requiring future actions to be evidence-based and subject to an impact assessment as stated by President Ursula von der Leyen B. will prevent commercial exchanges with non-member states and consequently prevent the repatriation into the EU of cultural property, which often represents the continent’s patrimony, in direct contradiction to other, sometimes longstanding, EU policies1, without adding any discernible benefit for wildlife C. take no account of the different risk levels associated with different types of items, since the proposals fail to distinguish between modern solid ivory trinkets and historical cultural objects that incorporate old ivory elements, with the exception of musical instruments, because of the following new measures: o Exemption of musical instruments but not pre-1947 worked antique ivory o Suspension of import and exports in and out of the EU o New intra-European controls without a de minimis exemption Our attached paper will further explain some of our objections to the new restrictions as outlined in the Revised Draft Guidance published on January 28, 2021 on the trade in ivory in the EU.
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Response to Sustainable Products Initiative

10 Nov 2020

Established in 1935, CINOA is the principal international confederation of Art & Antique dealer associations representing more than 5,000 dealer world-wide. Affiliated dealers, from 30 leading dealer associations, cover a wide array of specialties from antiquities to contemporary art. CINOA’s associate member, the International League of Antiquarian Booksellers (ILAB), represents an additional 22 associations. Our sector is increasingly fragile. In 2019, the current art market sector in the EU is estimated at 32% of global market but will be reduced due to Brexit to an estimated 12% . This represented approximately EUR 6.8 billion in 2019. Due to the COVID-19 pandemic, the European art market is expected to shrink further as 30% of businesses are expected to close permanently. The majority of art galleries are considered micro enterprises and so are the connected professionals, such as artists or highly specialized firms, who act as intermediaries or service providers, such as fair booth designers, agents, restorers, photographers, shippers and insurers. The benefits of a vibrant art community or event include direct revenue and employment in the sector and equally importantly, it generates second-round spending and employment in unrelated industries such as restaurants, hotels, transportation, etc. which can result in a better quality of life for local residents. The reality that the world is a smaller place than we ever could imagine is becoming clearer as our planet begins to warm and weather events become more drastic. Whether or not anyone wishes to believe that the climate is changing, there is the philosophy of best practices, which essentially means conserving resources when possible. Very few people are unaware of this concept, but at the same time, very few people actually conform to this philosophy. The art and antiques dealers in CINOA are an exception to this reality. Our business model relies on the restoration, rejuvenation and conservation of what already exists. There are both specific and general reasons why we do this. The specific reasons are historical and aesthetic in nature, but the general reason is because when people don’t see value in, for example, an old chair, it is likely that someone else will. In other words, one man’s trash can be another man’s treasure. The furniture world is probably the most obvious trade where this is visible. Dealers will buy things that seem beyond redemption and put hours and hours into their rehabilitation. However, if the item is too far dilapidated, the dealer will re-use pieces in future restorations. Nothing is wasted. Indeed, furniture restorers and conservators use very little new timber preferring to salvage from those pieces that cannot be restored. The value of something old does not rest solely in its continued existence as it is a recyclable resource. Most people are unaware of what can be done to revive something they may own. Paintings can be conserved, china, silver and glass as well. The reality is that there is probably enough of everything on this earth without newly designed or manufactured products. That may not fit in with the vast majority of people who like to buy “new”, but it is likely the truth. Unfortunately, we buy things without understanding the true cost of an item in terms of natural resources. We endanger plant and animal species in the pursuit of something new. The desire for something new and different will soon have lots of caveats. CITES reassesses every two years the viability of the continued existence of plant and animal species. Their recommendations carry weight with governments around the world who put trading bans on environmentally limited resources. There has never been a better time than now to recognize the art and antiques trade as a unique source of green solutions which encompass materials from the past which are no longer available. The art and antiques trade is keen to take part in this initiative.
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