Transposing the directives

First step: the diagnosis, which compares existing law with the requirements of the directive. Second step: drafting, from the model law. Third step: consultation of the professionals and administrations concerned. Fourth: adoption by Parliament or government.

Fifth step: designating and equipping the supervisory authority. Sixth: communication and training. A transposition that stops at publication of the text is an incomplete transposition.

The major difficulty is to fit the directive with laws already in force: heritage code, customs law, commercial law, anti-money laundering. OIMAP's concordance table makes it possible to identify, for each obligation, the corresponding national provision and any gaps.

It is preferable to amend existing laws rather than create an isolated text, to avoid contradictions. The model law is designed to be broken up into articles that slot into texts already in force.

Parliaments are essential players. They examine the bill, hear the professionals and set the timetable. OIMAP offers information seminars for parliamentarians, to present the stakes of the art market, the conventions and the directives.

These seminars have brought together nearly three hundred parliamentarians since 2021. They have often been followed by written questions or bills, a sign of growing sensitivity to the subject.