Published: 2012-01-01
Key Benefits:
Passed 11.06.2003
RT I 2003, 51, 351
Entry into force 01.05.2004
| 17.12.2003 | RT I 2003, 88, 591 | 01.05.2004 |
| 14.04.2004 | RT I 2004, 30, 208 | 01.05.2004 |
| 20.05.2004 | RT I 2004, 46, 330 | 14.06.2004 |
| 15.06.2005 | RT I 2005, 39, 308 | 01.01.2006 |
| 26.11.2009 | RT I 2009, 62, 405 | 01.01.2010 |
| 22.04.2010 | RT I 2010, 22, 108 | 01.01.2011 enters into force on the date which has been determined in the Decision of the Council of the European Union regarding the abrogation of the derogation established in respect of the Republic of Estonia on the basis provided for in Article 140 (2) of the Treaty on the Functioning of the European Union, Council Decision 2010/416/EU of 13 July 2010 (OJ L 196, 28.07.2010, p. 24 - 26). |
| 08.12.2011 | RT I, 29.12.2011, 1 | 01.01.2012 |
(1) This Act regulates the return to a Member State of the European Union of cultural objects which have been unlawfully removed from the territory of that Member State of the European Union (hereinafter Member State) and brought to Estonia.
(2) The Administrative Procedure Act applies to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.
In this Act, the following definitions are used:
1) cultural object means an object which is classified, before its unlawful removal from the territory of a Member State, among the national treasures possessing artistic, historic or archaeological value and which belongs to one of the categories established on the basis of § 3 of this Act. A cultural object is also an object or set of objects which does not belong to one of these categories but which forms an integral part of a collection defined as public in accordance with the legislation of a Member State, a collection of a local or regional museum, archives or library of a Member State, a collection significantly financed by a Member State, or a collection of a religious association;
2) unlawful removal of a cultural object from the territory of a Member State means the removal of a cultural object from the territory of a Member State of the European Union in breach of the rules on the removal of cultural objects established under the legislation of the Member State or in breach of Regulation (EEC) No 3911/92 (OJ L 395, 31.12.1992, p. 1), or failure to return a cultural object at the end of a period of temporary removal or any breach of another condition governing such temporary removal;
3) requesting Member State means the Member State from whose territory a cultural object has been unlawfully removed and who requests the return thereof;
4) return of a cultural object means the return of the cultural object to the territory of the requesting Member State.
The categories of cultural objects removed from the territory of a Member State and subject to return pursuant to this Act shall be established by a regulation of the Government of the Republic.
(1) A request for the return of a cultural object unlawfully removed from a Member State shall be submitted to the National Heritage Board.
(2) The following information shall be set out in a request:
1) a description of the cultural object and a document stating that it is deemed to be a cultural object in the Member State;
2) a declaration by the competent authorities of the requesting Member State that the cultural object has been unlawfully removed from its territory;
3) information concerning the actual or presumed location of the cultural object and its owner or possessor;
4) other information deemed necessary by the requesting Member State for initiating the return of the cultural object.
(1) The tasks prescribed by this Act for the return of unlawfully removed cultural objects shall be organised by the National Heritage Board.
(2) The National Heritage Board shall perform the following functions:
1) submit, at the written request of a Member State, enquiries concerning a cultural object unlawfully removed from the Member State to the authorities and persons concerned who are required to respond to any such enquiries within ten working days;
2) determine the location and the owner or possessor of the cultural object and, if necessary, involve the Police and Border Guard Board, the Tax and Customs Board and other state authorities and local government authorities;
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]
3) notify the Member States concerned, where a cultural object is found in the territory of Estonia and there are reasonable grounds for believing that it has been unlawfully removed from the territory of another Member State;
4) determine, in co-operation with the competent authorities of the requesting Member State, whether the object specified in the request from the Member State is a cultural object, provided that the determination is made within two months as of the receipt of a request which meets the requirements;
5) take any necessary measures, in co-operation with the requesting Member State, for the physical preservation of the cultural object. If necessary, it shall organise the deposit of the cultural object for storage until a decision is made on its return;
6) ensure the exchange of information between the requesting Member State and the owner or possessor of the cultural object;
7) act as an intermediary between the Member State which submitted a request for the return of a cultural object and the owner thereof with regard to reaching an extra-judicial agreement.
(3) The Minister of Culture may, by a directive, approve a list of state museums which, at the request of the National Heritage Board, are required to store cultural objects during return proceedings. If the list has not been approved, the Minister of Culture shall, at the request of the National Heritage Board, decide at which state museum a cultural object is to be deposited for storage.
[RT I 2003, 88, 591 - entry into force 01.05.2004]
(1) The Police and Border Guard Board and the Tax and Customs Board shall assist, within the limits of their competence, in locating within the territory of Estonia cultural objects unlawfully removed from the territory of a Member State. These authorities shall communicate any information pertaining to the location and the owner or possessor of a cultural object unlawfully removed from the territory of a Member State to the National Heritage Board in writing within five working days as of obtaining such information.
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]
(2) At the request of the Police and Border Guard Board and the Tax and Customs Board, an expert of the National Heritage Board shall conduct an assessment in order to determine the cultural value of an object.
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]
(1) The owner or possessor of a cultural object shall allow the National Heritage Board to examine the object in order to determine whether the object is the cultural object referred to in a request specified in subsection 4 (2) of this Act.
(2) The owner or possessor of a cultural object shall disclose to the National Heritage Board all information known to the owner or possessor concerning the origin or cultural value of the object.
(3) If the National Heritage Board is convinced that the preservation of a cultural object is in danger, the owner or possessor of the cultural object shall deliver the cultural object into the possession of the National Heritage Board who shall then organise the deposit of the cultural object for storage at a state museum designated pursuant to subsection 5 (3) of this Act.
(4) The National Heritage Board shall prepare a report concerning the examination of a cultural object and the deposit of the object for storage at a state museum.
(1) If the owner or possessor of a cultural object fails to perform the obligations provided for in subsections 7 (1) and (3) of this Act, a competent official of the National Heritage Board may issue a precept for the performance of those obligations.
(2) If the owner or possessor of a cultural object fails to comply with a precept specified in subsection (1) of this section with regard to performance of the obligation provided for in subsection 7 (1) of this Act, the National Heritage Board may impose a penalty payment pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act.
(3) The upper limit for a penalty payment specified in subsection (2) of this section is 640 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(4) If the owner or possessor of a cultural object fails to comply with a precept specified in subsection (1) of this section with regard to performance of the obligation provided for in subsection 7 (3) of this Act, the National Heritage Board may perform the obligation at the expense of the owner of the cultural object pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act.
(5) In order to perform the obligation prescribed in subsection (4) of this section by way of substitutive enforcement, an authorised official of the National Heritage Board has the right to enter the territory, buildings, structures and premises of the owner or possessor of the cultural object in the presence of the owner or possessor or a representative thereof and to remove the cultural object.
(1) The requesting Member State may file an action with the county court of the location of the cultural object in order to initiate proceedings against the owner or possessor of the cultural object with the aim of expropriation of the cultural object or its reclamation and return from illegal possession and the award of fair compensation to the owner within one year after becoming aware of the location of the cultural object and of the identity of its owner or possessor.
[RT I 2005, 39, 308 - entry into force 01.01.2006]
(2) The documents specified in clauses 4 (2) 1) and 2) of this Act shall be annexed to a statement of claim.
(3) The requesting Member State shall immediately notify the National Heritage Board that proceedings have been initiated and the National Heritage Board shall inform the central authorities of the other Member States.
(4) Return proceedings may not be brought more than thirty years after the cultural object was unlawfully removed from the territory of the requesting Member State or if removal of the object from the territory of the requesting Member State is no longer unlawful at the time when proceedings are to be initiated. In the case of cultural objects forming part of a collection defined as public in accordance with the legislation of a Member State, a collection of a local or regional museum, archives or library of a Member State, a collection significantly financed by a Member State, or a collection of a religious association, return proceedings shall be subject to a time-limit of seventy-five years as of the unlawful removal of the object, unless the requesting Member State applies a limitation period or in the case of a bilateral agreement between the Republic of Estonia and the requesting Member State laying down a period exceeding seventy-five years.
(1) Matters of expropriation of cultural objects or their reclamation and return from illegal possession and the award of compensation shall be heard pursuant to the procedure provided in the Code of Civil Procedure.
[RT I 2005, 39, 308 - entry into force 01.01.2006]
(2) The owner of a cultural object does not have the right to file any objections not arising from this Act to an action filed with the aim of securing the return of a cultural object.
(3) In the proceedings specified in this section, the requesting Member State may be represented by the Republic of Estonia if so authorised by said Member State.
(31) Expropriation of a cultural object shall also be applied with regard to a person who has received the cultural object by way of succession or as a gift.
[RT I 2004, 46, 330 - entry into force 14.06.2004]
(4) In the case specified in subsection (3) of this section, the Republic of Estonia shall be represented by the National Heritage Board.
(1) A court shall order the expropriation of a cultural object from the owner or the reclamation of a cultural object from the illegal possession of its possessor and the return of the cultural object in question to the requesting Member State where it is found to be a cultural object within the meaning of clause 2 1) of this Act and to have been removed unlawfully from the territory of the requesting Member State.
(2) Where a court orders the expropriation and return of a cultural object unlawfully removed from the territory of a Member State, the court shall award the owner of the cultural object such compensation as it deems fair. In the award of compensation, the court shall consider the opinion of the experts of the National Heritage Board and whether the owner acquired the cultural object in good faith, whether the owner exercised due care and attention in the safe-keeping of the object, and the size of the expenses incurred by the owner in preserving the cultural object.
(3) The amount awarded as compensation shall be paid by the requesting Member State.
(4) After a court judgment provided for in this section is made or if an extra-judicial agreement is reached for the return of a cultural object, the National Heritage Board shall carry out the tasks prescribed for the return of the cultural object to the territory of the requesting Member State in agreement with the requesting Member State.
(5) The National Heritage Board shall cover any expenses incurred in the course of returning a cultural object for the preservation of the cultural object or for the return procedure. The requesting Member State shall reimburse the expenses on the basis of a request from the National Heritage Board.
(6) Payment of the amount of compensation specified in subsection (3) of this section or covering the expenses specified in subsection (5) of this section by the requesting Member State shall not exclude the recovery of respective amounts by the Member State from persons liable for unlawful removal of the cultural object from the territory of the requesting Member State.
[RT I 2004, 46, 330 - entry into force 14.06.2004]
(7) The legislation of the requesting Member State shall be applied to the right of ownership of the cultural object after return of the cultural object on the basis of a court judgment or extra-judicial agreement.
[RT I 2004, 46, 330 - entry into force 14.06.2004]
In connection with a cultural object unlawfully removed from a Member State, the requesting Member State or the owner of a stolen cultural object shall be able to initiate civil or criminal proceedings in the given Member State also if the cultural object has been returned on the basis of this Act or proceedings for the return of the cultural object have been initiated.
[RT I 2004, 46, 330 - entry into force 14.06.2004]
This Act applies retroactively to cultural objects unlawfully removed from the territory of a Member State after 1 January 1993.
This Act enters into force by a separate Act upon the accession of the Republic of Estonia to the European Union.
1Council Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State (OJ L 74, 27.03.1993, p. 74–79).
