The dual nature of cultural goods had early prompted the European Community to introduce
a legal basis for harmonized customs procedures, export and import regulations within
the customs union, and later the internal market. Through an analysis of the varied
terminology employed by the EU concerning cultural goods, this paper argues that the
EU’s approach in this domain has undergone significant transformation over time, as
evidenced by the evolution of its strategic trade control regime of cultural goods.
Early regulation primarily focused on addressing internal market issues, while also
endeavoring to preserve national ownership over national treasures and attending to
the material aspects of cultural heritage. However, since 2015, in response to the
changing security environment and international trends, the EU has expanded its perspective
on strategic trade control over cultural goods to encompass a global dimension. This
expansion is exemplified by the adoption of Regulation (EU) 2019/880, driven by the
imperative of the prevention of looting, plundering, illicit trafficking, and the
fight against terrorism financing. Furthermore, the adoption of the 2021 Council conclusions
on cultural heritage protection in conflicts and crises marks a significant shift
in how cultural heritage can be integrated into the EU's external actions. This evolution
reflects cultural heritage’s increasing importance, both in its material and immaterial
forms, across the EU’s home affairs, external actions, and internal peace and security
agenda as well.
