There’s a mischievous story going around claiming the EU is about to demand the return of the Parthenon Marbles as a condition for a UK trade agreement. 

A single line in a draft negotiating mandate from the EU regarding Great Britain's relationship to the EU post-Brexit calls for both sides to ‘address issues relating to the return or restitution of unlawfully removed cultural objects to their countries of origin’. 

That means returning the Marbles, goes the story; more like throwing a “dead cat” on the table, according to an unnamed senior EU source.

The British Museum’s Director, Hartwig Fischer, was drafted in by Radio 4 to defend the BM’s unbending position on the nation’s ownership of the Marbles. He repeated the familiar mantra: the 'Elgin' Marbles were acquired legally; a loan to Greece is impossible because only their permanent return will satisfy the Greek government; the Marbles held by the BM represent a huge public benefit as part of the Museum’s worldwide collection.

The truth behind this story is in danger of getting buried by political posturing.

Both the British and Greek Governments are officially denying that ownership of the Marbles is linked to Brexit negotiations.  But it's not unlikely the EU is using this document to remind the UK, before it goes forth on its new global agenda, to honour its obligations to participate with EU-wide initiatives designed to halt the alarming increase in trafficking of cultural artefacts, in particular from countries torn apart by war.

Last June, the European Parliament introduced their Regulation on the Introduction and the Import of Cultural Goods (Regulation (EU) 2019/880), an important set of new measures - not without controversy - designed to control the import into member states of certain items of cultural property from outside the EU (it doesn’t apply to cultural property made inside the EU). Applying across all 28 EU member states, the Regulation came into force when the UK was still a full member of the EU.  It therefore automatically became part of the UK legal system. Its obligations continue - regardless of Brexit and the UK’s departure from the EU at the end of this year.

Why is it so important the UK continues to comply with this EU Regulation?  Because if it doesn't, there's a real danger traffickers could exploit the UK as a haven for trading illicit art and artefacts brought in from outside the EU’s boundaries.

Politics and restitution do not make comfortable bedfellows. Linking a demand for restitution to a political cause is fraught with danger. It opens the door to political abuse and damages the cause of legitimate claims; it would create a dangerous precedent with unimaginable consequences for nation states and other European museums.

The EU and Greece in particular know better than to stir up the politics of returning the Marbles. Other EU members states may feel they too have much to lose if they press their case with the United Kingdom. 

Under the British Museum Act 1963, the Marbles belong to the British nation. Their ownership cannot change unless an amendment to that effect is passed in the British Parliament or the Act is revoked altogether. At present, neither seems likely and the EU and Greece know that only too well.

Perhaps only a brand new international law, covering cultural goods removed illicitly or looted in circumstances of war before 1970, is likely to lead to any change in the ownership of the Marbles - unless the British Museum has a change of heart regarding loaning the sculptures to Athens. 

However, there’s no sign of any new international law on the horizon and the EU would know that better than anyone in Downing Street.

Photo: The Parthenon, Athens

Courtesy of Anna Oikonomou