Law 9/2003, of 12 June, of the cultural heritage of Andorra since the General Council in its session of 12 June 2003 has approved the following: Law 9/2003, of 12 June, of the cultural heritage of Andorra cultural heritage is one of the main witnesses of the history, identity and creativity of a country. Is an essential duty of society and the public authorities to preserve this collective wealth and pass it under the best conditions for future generations. As article 34 of the Constitution of the Principality of Andorra, the State must ensure the conservation, promotion and dissemination of historical, cultural and artistic heritage.
The Principality of Andorra has already legislation on the protection of cultural heritage. The Ordinances of July 13, 1964, of 4 June 1970 and July 5, 1988, and the law on the protection of cultural heritage-natural, of 9 November 1983, have contributed to the conservation of the cultural heritage of Andorra. However, the new legal framework which led to the adoption, in 1993, of the Constitution of the Principality of Andorra makes it convenient to the enactment of this new law of cultural heritage, which brings together and promotes the regulations on the protection of the goods that make up this heritage.
The chapter establishes a concept of cultural heritage, made not only by most relief items-that should be declared property of cultural interest-but also for all the goods that present the cultural values that the law determines. This chapter also contains the regulation of the duty of the public authorities and the society in general to protect the cultural heritage, the regulation of the Advisory Council of Cultural Heritage and the rules on outdoor projection.
The second chapter, relative to the general scheme of protection of cultural heritage, establishes the rules applicable to the different categories of assets the assets mentioned and focuses especially on the assets of cultural interest. With regard to the properties declared of cultural interest, the law regulates the regime of the works that affect directly the same right or your protection environment. In relation to the goods, the main instrument of protection subject to regulation is the control of exports.
The third chapter regulates the specific regimes of certain kinds of goods: archaeological and palaeontological heritage, the ethnological heritage, and the bibliographic and documentary heritage. These specific schemes are not an alternative but complementary of the general scheme of the second chapter, which is also fully applicable to regulated assets in chapter three.
The fourth chapter contains the rules regarding archives, libraries and museums and establishes a specific regulation of the national archives and the national library.
The fifth chapter regulates the measures of promotion and dissemination. The measures are intended to promote, on the one hand, encourage the contribution of the society for the preservation of cultural heritage, giving support to the specialized associations, improving the training and competence of professionals and companies and, on the other, to compensate the holders of cultural heritage of the burdens and obligations that the law imposes. Dissemination measures have the aim of promoting access and ensure knowledge of cultural heritage. Promote access to the cultural goods is a necessity arising from the conception that the law has the cultural heritage as a collective wealth; to guarantee the education and information is to strengthen the effectiveness of the law, since the protection of the cultural heritage is effective to the extent that the public is aware of its importance.
The Act closes with the sixth chapter, which contains the system of sanctions, and additional provisions transitional and final, derogatòries,. Among these provisions highlights the first additional provision, which is included in the new legal category of goods of cultural interest assets declared of national interest by the Regulations II, July 13, 1964 and the Regulations and the 4 June 1970, amended by agreement of the Council of 5 July 1988.
Chapter first. General provisions Article 1 Purpose 1. Is the subject of this law the protection, conservation and restoration, integrated conservation, awareness, promotion and dissemination of the cultural heritage of Andorra. Is meant by conservation all operations aimed at the understanding of a work to know its history and its meaning, to ensure its safeguarding material and, eventually, the restoration and re-evaluation.
Restoration shall be understood as the set of technical and scientific operations aimed at ensuring, in the framework of a methodology criticism and aesthetics, the continuity of a work of art. Integrated conservation shall be understood as the set of measures that aim to ensure the perpetuity of cultural heritage property and ensure their maintenance in a suitable environment, whether it be built, whether it be natural and respectful adaptation with its core values to the needs of society.
2. Make up the cultural heritage of Andorra material and immaterial goods related to the history or culture of Andorra who, by their historical values, artistic, aesthetic, archaeological, palaeontological, ethnological, urban, architectural, technical, scientific or cultural interest.
3. The goods that make up the cultural heritage of Andorra are classified in: a) assets of cultural interest b) inventoried Assets 4. The Ministry of the culture has to draw up the general inventory of the cultural heritage of Andorra, which must include all personal property, real estate and intangibles that make up this heritage, both publicly owned as private property. The general inventory of the cultural heritage of Andorra consists of four sections which are inscribed: in the first, the goods of cultural interest, furniture or buildings; in the second, the property inventoried; in the third, the personal property inventoried, and in the fourth, the immaterial goods. Those headlines or employing assets of cultural heritage must provide to the Ministry of the culture examination of goods and information relevant to the preparation of the inventory, provided this is not contrary to the right to privacy and to respect for private life.
5. the assets of the cultural heritage of public ownership are imprescriptibles and can only be transmitted to other public institutions of the country.
Article 2 the assets of cultural interest
1. The most important goods of cultural heritage of Andorra should be declared property of cultural interest by Decree of the Government, at the proposal of the Minister of the culture. The statement has to be motivated.
2. The procedure for declaration of a well of cultural interest is initiated by resolution of the Minister of the culture, which should be communicated to the interested parties and, if it refers to a common, also in the real estate in question. The opening of the file takes place either ex officio or at the request of any person or entity concerned and the immediate application of provisional way good legal regime affected articles 14, 15, 19, 20 and 22 set for goods declared, including the corresponding sanctions.
If the owner Ministry of culture decided to not start the file requested, should motivate your decision.
3. In the instruction of the case statement is necessary to give audience to those affected. If this is a real estate, you have to give the audience also common where you are based on good and open a period of public information a month.
The file must contain the required technical reports, which must be accompanied with the corresponding graphic documentation and detailed information on the State of conservation of the well.
4. The record of statement should be resolved in a maximum period of nine months from the date of opening. The expiry date of the file occurs if after this period the person concerned asks for the file of the proceedings and the Administration not dictates resolution within thirty days.
Once expired, the file won't be able to start in three years, unless the holder of the right request before this deadline.
5. The opening of the case and the statement must be published in the official bulletin of the Principality of Andorra. The publication should not make reference to the ownership or economic value of the asset and, in the case of personal property, either to your location.
6. The Declaration of a well of cultural interest can only be left without effect by following the same procedure established for the Declaration. The justification of this decision should be duly accredited in the transcript.
Inventoried Goods article 3 1. Inventoried goods are the goods not declared of cultural interest as well: a) The real estate or parts of real estate that, given its historical, artistic and cultural interest, are integrated into the general inventory of the cultural heritage of Andorra by resolution of the Minister of the culture.
b) The personal property included in any of the following categories: archaeological and palaeontological heritage of the First real estate Second Elements from the dismemberment of artistic, historical or religious monuments Third personal property of artistic interest of more than one hundred years old Fourth assets of documentary heritage collections and rare specimens of Fifth and bibliographical zoology, Botany, mineralogy, or anatomy Sixth personalty of the ethnological heritage of over fifty years old Seventh The remaining personal property more than one hundred years old that have cultural value Eighth cultural assets furniture, despite having an age lower than that established in the preceding categories, are integrated into the inventory by grounded decision of the Minister of the culture c) intangible fixed assets included in the inventory by the owner of the Ministry of culture responsible for ethnological heritage.
2. The inclusion of a chattel or property in the inventory is made by resolution of the Minister of the culture, with prior audience granted to the affected persons and, if this is a good property, the corresponding common. The resolution must be published in the official bulletin of the Principality of Andorra.
3. The goods included in section 1 c sign up to the inventory without the need to apply previously an administrative procedure. However, the registration shall be published in the official bulletin of the Principality of Andorra.
4. All the goods included in the categories from the first to the seventh of the section 1. b are considered assets inventoried, although did not have formalized your registration in the inventory.
5. The Government may by regulation exclude from the third, fifth, sixth and seventh of the section 1. b the goods that do not pass certain economic values.
Article 4 Protection of cultural heritage 1. The public administrations, in the exercise of its jurisdiction, must ensure the integrity of the cultural heritage of Andorra and nurture the knowledge, growth and dissemination; among other actions, they should support companies that keep and the network. Corresponds to the Government to define the policy in the field of cultural heritage and to coordinate the measures of protection.
2. The communes have to cooperate with the Government in the protection and conservation of the cultural heritage, understood in its territorial area, should communicate to the Ministry of the culture from the very moment of having knowledge of any situation of danger in which they find this heritage, and, if necessary, shall take immediately the necessary measures to prevent the deterioration , loss or destruction.
3. no public power may not adopt any measures that put at risk the achievement of the objectives exposed in this law.
4. Any person who becomes aware of a situation of danger or the destruction of a part of the cultural heritage of Andorra must communicate to the administration. Any natural or legal person is entitled to demand the fulfillment of this law before the public administration and the courts of Justice.
5. The Ministry of the culture may inspect at any time the works and interventions that occur in real members of the cultural heritage of Andorra. The people of these goods have possessed proprietary or allow the access of the personnel of the Ministry. If the inspection requires the entry into a home, you need legal authorisation.
6. In the case of interpretation of the law prevails always the principle of least damage to the cultural heritage of Andorra.
Article 5 the Advisory Council of Cultural Heritage 1. The Advisory Board of Cultural heritage is the Government's advisory body on matters related to the cultural heritage.
2. The Cultural Heritage Advisory Board will be made up of six months and a maximum of the entry into force of the present law. It will be chaired by the Minister
the owner of the culture and integrated, in addition to two members representing the Ministry and between a minimum of two and a maximum of five more members, appointed by the Government from among persons of recognised competence techniques in the different areas of the cultural heritage. The Committee members are named for a period of three years, renewable. The Secretariat of the Council, with voice but without vote, is exercised by the person appointed by the Minister from among the officials of the Ministry of the culture.
3. It is necessary to the previous report of the Advisory Board of Cultural heritage for the adoption by the competent body of the resolutions, the events and the following agreements: a) the initiation of the procedure for declaration of assets of cultural interest b) the agreement to leave without effect the Declaration of a property of cultural interest) and The inclusion of a real estate in the general inventory of the cultural heritage of Andorra of) the orders of execution of works , addressed to the people forced to preserve the assets of cultural interest according to article 7.2 e) Executive orders set out in article 8 f) the report by the Government prior to the approval of the instruments of urban planning as provided for in article 16.1 g) the authorization of the export of goods of cultural interest and inventoried assets h) authorization of archaeological or paleontological stipulated in article 24.1 and) impact studies 4. It corresponds also to the Advisory Board of Cultural Heritage: a) issue a report on the projects of General provisions in the field of cultural heritage b) Emit the rest of reports and opinions to the legislation and those who will ask the Minister of the culture c) Propose the initiatives it deems appropriate for the better fulfilment of the aims of this law of) to evaluate once a year the application of the law and the general State of the heritage , and made public the results 5. Because the Advisory Council can be validly constituted need to attend more than half of its members, among whom there must be the president. The Council adopts its decisions by majority vote.
The vote of the President is ruling in the case of a tie.
Article 6 international projection, the Government must promote the dissemination of the cultural heritage and cultural exchanges. Equally, should collaborate with the Governments of other States and with international organizations in the protection, conservation and promotion of cultural heritage.
Second chapter. General scheme for the protection of the cultural heritage Section first. Common standards for goods of cultural interest and property Article 7 duty to preserve 1. Those owners, holders of other real rights or employing assets of cultural interest, are forced to keep them, keep them and preserve them.
2. In case of breach of duty laid down in paragraph 1, the Ministry of the culture has to sort people forced the execution of works or the realisation of the actions that are necessary for the fulfillment of duty mentioned. If you do not run the actions ordered, the Ministry has to make running wholly owned subsidiary. In the event of imminent danger for the right holder, the Ministry of culture will run directly the works necessary to safeguard the right, without prior request.
3. The cost of the works and actions referred to in paragraph (2) is in charge of the person required, provided that they can be included in the ordinary duty of conservation laid down in paragraph 1.
4. It is of public interest, for the purposes of expropriation, breach of duties set out in paragraph 1 and, in any case, the danger of destruction, serious deterioration or illegal export of an asset of cultural interest.
5. When referring to properties included in architectural ensembles, the measures described in paragraphs 2, 3 and 4 may be adopted also by the common in the framework of their own skills.
Article 8 repair of damages caused without prejudice to the sanctions that are appropriate, the Ministry of culture ordered holder to the persons responsible for the repair of the damage caused in the goods of cultural interest, through Executive orders for repair, replacement, removal, reconstruction or demolition which are necessary to restore the right to its previous state. These interventions are supervised by the technical staff of the Ministry of the culture.
Article 9 use of goods of cultural interest 1. The use to which it is intended the goods of cultural interest must be compatible with their conservation and with respect for their identity, integrity and authenticity.
If at the time of the Declaration of a property of cultural interest, this well has a use that endangers its preservation, the statement must set the stoppage or modification of such use. In this case you have to make the necessary study and fix the corresponding compensation.
2. The changes of use of a monument must be previously authorized by the Government.
Article 10 rights of pre-emption and pre-emption 1. The Government can exercise the right of pre-emption on the onerous transfer of the ownership of assets of cultural interest as well: a) real estate property of cultural interest belonging to the categories of monument, archaeological or paleontological area area, excluding the protection settings b) movable property of cultural interest 2. The corresponding common subsidiary can exercise the same right with respect to the real property referred to in section 1. a.
3. The deadline to exercise the right of pre-emption is four months since the person owner report to the Ministry of the culture they intend to pass on the right and conditions of transmission. If the transmission from a well of cultural interest is not notified to the Ministry of the culture or does not take place in the conditions, the Government reported, and operate the common if it is a real estate, may exercise the right of pre-emption within a period of six months since the administration of the State to have reliable knowledge of the transmission and of its conditions.
Second section. The assets of cultural interest Article 11 The Classification property of cultural interest are classified in: a) Monument: work of architecture or other material produced by human activity, which set up a singular unit. You can include your belongings and accessories.
b) architectural: grouping of buildings, urban or rural, concentrated or dispersed to constitute a coherent unit, although, in some cases, individually do not have the relevant values.
c) cultural landscape: joint work of man and nature that form a coherent unit for its aesthetic, historical or cultural values.
d) archaeological area: place where there are remains of human intervention in the past and that is only susceptible to be studied in depth by means of archaeological methodology, whether it is on the surface as if it's in the subsoil.
e) Area where fossilized traces: paleontology, constituting a coherent unit and with its own entity, although each individually do not have the relevant values.
Article 12 Statement 1. The Declaration of a property as a property of cultural interest should include the following specifications: a) The class that is assigned to him in accordance with article 11 b) the delimitation of its environment protection, in the monuments and architectural ensembles, in the cultural landscapes and archaeological and paleontological areas.
2. The Decree of Declaration of a property of cultural interest should include the architectural and urban planning criteria that should govern the interventions on the right which has been declared of cultural interest and on the environment of protection defined in the Declaration. These criteria can also be set by Decree later, during the year following the Decree of Declaration of right, in the processing of which it is necessary to give audience to those interested and the Town Hall, and opened a period of public information.
3. The criteria established by the Government in application of the provisions of paragraph (2) are Executive Directors from the publication in the official bulletin of the Principality of Andorra and take precedence over urban development plans, which they have to adapt.
4. The resolution on initiation of file for the Declaration of a well of cultural interest can set the suspension of processing of the licenses of plotting, of work, construction or demolition that affect the right or the goods object of the file. If, by virtue of the Declaration of a property of cultural interest, will deny a license requested prior to the initiation of the claim, the applicant is entitled to be compensated by the Government for the cost of writing project and repayment of any fee already paid, as well as the corresponding legal interest.
Article 13 protection Environments 1. The protection of a well of cultural interest is the space, built or not, which supports the environmental right and that if it is disturbed can affect the values, perspectives, the contemplation or study.
2. The Government, by means of the decree referred to in article 12.2, may establish limitations on the building of environments for the protection of property mentioned in article 12.1. b), as long as they are justified by the need to preserve the items referred to in paragraph 1 of the present article.
Article 14 Authorisation of works 1. Any work or intervention, whether it's public or private promotion if it is promotional, which is intended to perform in a monument, archaeological or paleontological area, or in the respective protection environments must be authorised by the Ministry of the culture, prior to the granting of the license to work or construction, and should monitor the implementation. The Ministry may determine, as a prerequisite to the authorization of the work, the need to perform an archaeological intervention. If the work is private promotion, the State must finance the cost of execution of the archaeological intervention.
2. In architectural ensembles and in their protection environments, the prior authorization of the works or interventions on the part of the Ministry of the culture is compulsory as it has not been approved the instrument of Regulation referred to in article 16.1. Once passed this instrument, the authorization of the work corresponds to the Administration that is competent according to the town planning legislation, with the previous report and required the Ministry of the culture.
3. In the cultural landscapes and on their protection environments, the prior authorization of the works or interventions on the part of the Ministry of the culture is compulsory as it has not been approved the instrument of protection, use and management referred to in article 16. Once passed this instrument, the authorization of the work corresponds to the Administration that is competent, with previous report and required the Ministry of the culture.
4. The communes must report immediately to the Ministry of the culture licenses that grant and related goods of cultural interest or their protection environments.
Article 15 General criteria on the interventions 1. The landmarks cannot be demolished and must preserve the identity, integrity and authenticity.
2. In cultural landscapes, it is necessary to keep the outside of the protected area.
Only you can authorize the interventions that are compatible with the preservation of the aesthetic, cultural and natural values of the area.
3. The interventions of restoration carried out in monuments, architectural ensembles and cultural landscapes should be based on scientific principles and technical criteria.
4. It is forbidden the placement of advertising, cables, antennas and all disturbing element is visible from the outside on the monuments and their protection environments, in architectural ensembles and cultural landscapes.
5. In the architectural sets must be maintained the urban structure and architecture and the characteristics of their environment and the silhouette of the landscape. As a general rule, no changes in the lineup and in the building, or replacements of property, but if you represent a contribution to the preservation of the character of the whole.
6. In the protection of the assets of cultural interest can not authorize any work or activity that involves use of the soil, the subsoil or the air space that can damage the architectural or landscape character of the area, or to disturb the view of the good.
Article 16 Instruments of urban planning 1. The Declaration of an architectural complex involves an obligation on the part of the ordinary or of Commons affected to prepare, within a maximum period of one year, an instrument of urban planning where you specify the criteria that should govern the interventions. The final approval of the instrument corresponds to the body that determines the laws and requires necessarily the prior favourable report from the Government. If at the time of the statement already exists an instrument of regulation that affects the area declared, the report of the Government has to determine
If this instrument is sufficient to produce the effects envisaged in article 14.2, or whether it should be modified or supplemented.
2. Prior to the drafting of the instrument provided for in paragraph (1) it is necessary to make an analysis of the whole that takes into account their spatial evolution and which integrate the technical, historical, architectural, archaeological data, economic and social. With the analysis of the urban and rural context has been to define the general character of the set and the dominant elements: harmony of the heights, colors, materials and shapes, characteristics of the facades and roofs, ratio of volumes and spaces, medium-sized proportions and implementation of buildings.
In any case, the instrument of regulation provided for in paragraph 1 must contain the following specifications: a) criteria on building and alignments b) activities, items and materials authorized and not authorized c) Criteria relating to the preservation, restoration and rehabilitation of buildings and their surroundings of) Properties or parts of properties and other elements that are considered to be of unique value , with respect to which it is necessary to apply a comprehensive protection plan and Funding public intervention e): measures of rehabilitation and revitalization 3. The Declaration of a cultural landscape entails the obligation on the part of the administration or administrations concerned, to draw up an instrument of protection, use and management where you specify the criteria that should govern the interventions. The final approval of the instrument, which must occur within a maximum period of eighteen months from the Declaration, corresponds to the body designated by the legislation, and requires necessarily the favourable report from the Government. If at the time of the statement already exists an instrument of protection, use and management that affects the area declared, the Government has to determine whether the instrument is sufficient to produce the effects envisaged in article 14.4, or whether it should be modified or supplemented.
The third section. Other rules of protection of property Article 17 impact studies 1. Prior to the approval of large infrastructure projects and other special incidence in the territory which may affect areas close to real estate property of cultural interest or real estate property inventoried, you have to make an impact on the cultural heritage and its surroundings.
2. The study should conclude with a statement positive or negative impact.
In the event of a positive statement that the study impact must be quantifiqui and have the necessary measures for the conservation and protection of cultural heritage.
3. The expenses that would lead to the safeguarding of the cultural heritage affected by public works, including preliminary archaeological work, going to the expense of the promoter of the work.
Article 18 The inventoried property 1. Any changes that are required to perform in a real estate or part of a property inventoried must be communicated by the developer to the Ministry of culture holder three months before applying for the appropriate permits. With the communication you must attach the corresponding project.
2. Within a period of three months from the receipt of the communication, the Minister of the culture may refuse the authorisation of works as long as you start file for the Declaration of an asset of cultural interest.
Section four. Personalty Article 19 Export Authorisation 1. You need the prior authorisation of the Ministry of the culture for the outputs of the national territory, temporary or permanent, of the goods of cultural interest and inventoried assets.
2. In the case of exports, the authorisation is granted provided that it guarantees the return of the goods in the national territory.
3. The State may expropriate goods for which application is made for the final export.
If you deny the authorization of export of goods not declared of cultural interest that make less than fifty years old that has been imported into Andorra, its owner has the right to ask for and get the State is expropiï.
4. Under no circumstances can authorize the final export of goods of cultural interest or assets belonging to public collections.
5. The State should carry out the necessary actions for the recovery of cultural assets that have been illegally in the territory of Andorra and for the return of the assets of the Andorran cultural heritage that are on the outside.
6. The goods that have been exported in contravention of the provisions of this article are the property of the State, unless the person owner demonstrate the loss or theft of the goods before export. In this case, the owner must pay the expenses that the State has had for the recovery of the fine.
7. Are excluded from the provisions of this article the exports of goods of cultural heritage furniture the following: a) which are the consequence of exchanges between States b) The works of living authors c) The goods that will reexportin before spent ten years from its entry in the country Article 20 of movable property of cultural interest 1. The personal property may be declared of cultural interest singularly or as a collection. It is understood by the whole collection of cultural heritage preserved by a person or entity that is a coherent unit.
2. the goods declared of cultural interest can not be destroyed.
Any restoration or intervention that you make must be previously approved by the Ministry of the culture.
3. The collections which have been declared of cultural interest can not be disgregades without authorization from the Government.
Article 21 of the personal property inventoried 1. Inventoried furniture goods must be kept by the owners, holders of other real rights or possessed and must be assigned to a use compatible with their conservation. The transformation or removal of these assets is possible only in the cases provided for and in accordance with the procedure established in the legislation.
2. only for the purposes of the preparation of the general inventory of the cultural heritage of Andorra, people owned or possessed of goods that meet the characteristics established in article 3.1 and are not registered in the inventory must report it to the Ministry of the culture.
Article 22 provisional Deposit if the conservation of a chattel of cultural interest or inventory is not guaranteed in the place where it is found, the Ministry of the culture has to order the temporary deposit in a place that satisfies the necessary conditions of security and conservation. Also the Ministry of the culture has to sort the
provisional deposit of the goods in the event that the person owns, owner of other real rights or possessed in violation of the duty of conservation.
Third chapter. Specific schemes of certain goods Section first. The archaeological and palaeontological heritage Article 23 concept and legal 1. The archaeological heritage is made for personal property and real estate, whether you are on the surface as if they are on the ground, likely to contribute to the knowledge of the story and to be studied require techniques of archaeological methodology. The palaeontological heritage is formed by fossilized elements related or not with human beings who have a historical, cultural or scientific value.
2. The protection of the archaeological and palaeontological heritage is governed by the general regime laid down in this law and, in addition, to the provisions of this section.
Article 24 archaeological or paleontological 1. The completion of archaeological or paleontological requires the prior authorization of the Ministry of the culture. Are considered archaeological or paleontological surveys, the surveys, excavations and any other intervention, with or without Earth removal, which is to explore or investigate archaeological or paleontological.
2. The Ministry of the culture may carry out excavations or paleontological in any terrain where it is presumed the existence of remains.
The person concerned has the right to be refunded for the temporary occupation of their land, if this is private property.
Article 25 Suspension of works if, during the execution of any type of work are archaeological or paleontological, both the developer and the Builder and the medical director of the work are required to stop the work from the first hint and notify us immediately to the Ministry of the culture, which has to check the value of the find. If the suspension is extended more than two months and the promoter is private, this one has the right to be compensated for the damage that it would lead to the delay of the work. Within a maximum period of six months, the Ministry must be resolved in favour of the continuation of the work suspended or in favour of the maintenance of the suspension and the initiation of file of Declaration of cultural interest.
Article 26 the diet the findings 1. The product of the archaeological or paleontological and archaeological or paleontological findings real casual are considered public domain and must be made available to the Ministry of the culture, you have to allocate to a museum or a suitable centre.
2. In the case of casual finds, the discoverer and the owner of the land where the discovery has occurred are entitled to receive as compensation an amount equivalent to one-quarter of the value of the goods, each of them. If there is more than one owner or a discoverer, you must distribute the fourth part that corresponds. Are not considered casual finds those produced as a result of archaeological or paleontological, whether they are authorized as if they are illegal.
3. This article does not apply to the findings of archaeological character of architectural structures. However, those who discover it has to communicate to the Ministry of the culture.
Second section. Ethnological heritage Article 27 concept and system of protection 1. Ethnological heritage constitute the set of objects, buildings, technical processes, ideas, habits and values that make up or have integrated the Andorran village culture and define the identity; especially those in the process of disappearance or transformation who have lost the use and functionality that were his own.
2. To ethnological material character goods, furniture or buildings, the application of general protection regime is established in this law.
3. With regard to the ethnological assets intangible nature, the Ministry of the culture has to document through its inclusion in the general inventory of the cultural heritage of Andorra, is to promote the conservation and the study and must give support to the entities that are kept and the network.
The third section. The bibliographic and documentary heritage Article 28 the concept of documentary heritage 1. Is meant to document all expression in natural language or conventional and any other graphic expression, sound or image, in any kind of material support.
2. Make up the documentary heritage of Andorra the following documents: a) Are produced or received in the exercise of their functions by public authorities in Andorra, including historical institutions, semi-public entities, individuals or legal entities managing public services or social capital public entities mainly b) Are over thirty years old produced or received in the exercise of its functions to private non-profit organizations to develop its activities in Andorra c) The more than one hundred years old produced or received by any individual or private business, and the lower age that have been produced in support of less than a hundred years of expiration) Are preserved in public archives e) Are produced or received by private individuals in the exercise of public functions; in particular, the notary protocols f) passed on documents or Express donation Article 29 concept of bibliographic heritage The bibliographic heritage of Andorra is composed of libraries, the libraries and bibliographical collections and newspaper, and also to the works of creation or of unitary character research, or printed or handwritten, serial, reproduced in any medium, the conservation of which is of interest because of its value for the information , education, research and leisure.
In particular, the bibliographic heritage of Andorra the following bibliographic assets: a) The copies of the Andorran legal deposit subject to bibliographic production and those who have some relevant characteristic that distinguishes b) the copies of works by members of the Andorran bibliographic production and related to the culture and history of Andorra does not record the existence of at least one copy in public libraries c) bibliographic assets manuscripts , are of more than one hundred years old, and of minor age produced in less than a hundred years of expiry supports) the goods kept in public libraries Article 30
Protection regime 1. Without prejudice to the most relevant may be declared of cultural interest, all assets of the documentary heritage and library are part of the cultural heritage and must be preserved by the people employing holders or in the terms established in article 21.
2. If the fulfillment of the duty of conservation is too onerous, people possessed of property owners or members of the documentary heritage library or can put them at the disposal of the Ministry of the culture, that must be deposited in the archive, the library or to the appropriate institution. The transfer of the goods for its conservation entails, not by itself, the change in ownership.
The fourth chapter. The files, libraries, and museums Article 31 the files 1. Are organic sets files documents, or the meeting of several sets, assembled by individuals or public or private entities in the exercise of their activities, for research, culture, information and administrative management. Also called archives cultural institutions where they gather, retain, sorted and made available, for the purposes mentioned above, these sets of documents.
2. The National Archive ensures to collect, preserve and disseminate the documents of the administration of the State and of the agencies and organizations that depend on it, and the relevant documentation related to Andorra and with its history. It is also a function of the national archive to provide technical support to other public archives or of public interest of the Principality and to ensure the conservation of the documentary heritage of Andorra. The law and the conditions of access to the documentary heritage preserved in the national archives is governed by a specific regulation.
3. The people owned or possessed of real members of the documentary heritage should maintain and manage their own file, without prejudice to the provisions of article 30.2.
Article 32 1 libraries. Libraries are cultural institutions that bring together, preserved, catalogued and made available an organized set of bibliographic assets with the aim of facilitating their use for information, research, education and leisure.
2. The Ministry of the culture can provide technical support to public libraries and private which have established a collaboration agreement.
3. The National Library has functions to collect, preserve and disseminate bibliographic production of Andorra and the related to the Principality. It is also a function of the national library to ensure the conservation of the bibliographic heritage of Andorra.
4. Are of public access to the library collections in public libraries or qualified for public use. Have the consideration of public libraries all private libraries that receive grants from the Government. Transitory character, you can refuse the consultation of bibliographic assets that are in bad conditions of conservation.
Article 33 museums 1. Permanent cultural institutions museums are non-profit, at the service of society and of its development, that assemble, acquire, preserve, investigate, document, exhibit and network data material for the human beings and their environment, and sets of cultural and natural assets for purposes of study, education and enjoyment.
2. The Ministry of the culture determine the cultural institutions that have the category of the Museum.
3. The Ministry of the culture can provide technical support to public or private-owned museums which have established a collaboration agreement.
Article 34 Regulation and inspection the Government regulates by regulation conditions must meet the files, libraries, and museums. The Ministry of the culture to inspect compliance.
Chapter five. Promotion and dissemination of the cultural heritage Section first. Promoting public Aid Article 35 1. The Government has set an annual investment program to give grants for integrated conservation, restoration, maintenance and improvement of the cultural heritage. The budget for this program must be at least equal to 0.5% of the investment in public works that plans to award the Government during the year.
2. the grant of aid must be to fix the guarantees necessary to avoid speculation with the goods that are object.
3. The persons and entities that do not comply with the duty of conservation established in articles 7 and 21 are not allowed to receive grants from the State.
4. If within the period of five years from payment of a State subsidy the State acquires the asset, the amount of the subsidy shall be considered as a delivery on account and deducted from the purchase price.
5. The Government, considering that cultural heritage is a common good, will boost its conservation and promotion, enhance and promote private initiatives directed towards the understanding, protection, restoration and revitalization of cultural heritage.
Article 36 Payments with cultural assets public administrations may accept, at the request of the person concerned, the seizures of assets of cultural heritage of Andorra in payment of tax debts or otherwise.
Second section. Article 37 broadcast access to the assets of cultural heritage 1. The assets of the cultural heritage of public ownership or belonging to non-profit private entities must be able to be visited by the public, without prejudice to the limitations that arise from the use to which they are assigned each right, the right to privacy and respect for private life.
2. public grants for the conservation, restoration and enhancement of cultural heritage assets can affect the accessibility of the right for public visits and study.
Article 38 dissemination of knowledge of cultural heritage 1. The Ministry of the education should be included in the curricula of the levels of teaching the knowledge of cultural heritage of Andorra.
2. The Ministry of the culture must promote awareness campaigns and specific actions, programs and information on the importance of preserving the cultural heritage, and also needs to encourage the publication of research and publications for the dissemination of this heritage.
3. The data of the general inventory of the cultural heritage of Andorra are public. However, you need the consent of the holder of the right to
in the public consultation of the data relating to the ownership and value of the goods, and also its location if it is personal property. You need the authorization of the Ministry of the culture for the consultation of the data regarding the situation of archaeological or paleontological not open to public visits.
Chapter six. The infractions and sanctions Article 39 classification of infringements 1. The breach of the obligations set out in this law shall have the consideration of administrative infringement, unless it constitutes a crime.
2. They are considered minor violations: a) the lack of notification of the transfer of assets of cultural interest provided for in article 10.1 b) breach of the duty of the Ministry of culture holder access to the goods referred to in article 1.4, or provide the relevant information to be included in the general inventory c) breach of duty laid down in article 37 to allow public visits of the members of the cultural heritage of) The unjustified resistance on the exercise the inspection authority of the Administration s) breach of the duty of preservation of personal property inventoried f) breach the requirements formulated by the Administration 3. They are considered serious violations: a) the breach of the duty of preservation, maintenance and preservation of the goods of cultural interest b) The disintegration of a collection declared of cultural interest without authorization from the Government c) illegal destruction of personal property inventoried of) the breach of the obligation of notification of the discovery of archaeological or paleontological, or of duty of delivery of the goods found e) the non-compliance of the suspension of works on the occasion of the discovery of archaeological or paleontological or suspensions their works ordered by the Administration f) the granting of licenses by common works that fail to comply with the provisions of article 14 g) the illegal export of goods of cultural heritage 4. Is considered a very serious infringement of the total or partial destruction of movable property or real estates declared of cultural interest.
5. Are considered serious or very serious violations in terms of potential harm or cash to the cultural heritage: a) the completion of archaeological or paleontological without the authorization of the Ministry of the culture b) the realisation of interventions in real estate property of cultural interest without a license or in breach of their terms c) the realisation of interventions on movable property of cultural interest without the approval of the Ministry of the culture or in breach of their conditions of) the modification of inventoried property in breach of the provisions of article 18 e) change of use of an asset of cultural interest without the approval of the Government or the maintenance of the uses declared incompatible Article 40 Penalties 1. The administrative violations typified in article 39 are subject to fines, if the damage caused to the cultural heritage can be valued economically, with a fine of an amount that can understand between one and three times the value of the damage caused.
2. If the damage cannot be valued economically, we apply the following sanctions: a) for minor offences, a fine of 300 to 3,000 euros b) for serious infractions, 3,001 fine up to 60,000 euros c) to very serious offences, a fine of up to € 300,000 60,001 3. The amount of the sanctions has been graduating proportionally to the seriousness of the facts, the circumstances of the person sanctioned and the harm caused or could have caused to the cultural heritage.
4. The competent body to impose a sanction can agree on the comís of materials or instruments used in unlawful activity.
Article 41 Responsibilities and procedure 1. The processing of the file corresponds to the Ministry of the culture.
2. The imposition of the sanctions provided for in this law corresponds to the Minister the holder of culture if it is minor infractions, and in Government if it is serious or very serious offences.
3. The offences established in article 39.5. b to be sanctioned in accordance with this law may not be sanctioned by application of the planning legislation.
Article 42 precautionary measures When rational evidence exists of the carrying out of an offence that is likely to cause a damage to the cultural heritage of Andorra, or if it has been commenced disciplinary record, the Ministry of the culture remember the stoppage of the performances and also the provisional deposit of objects affected or of the instruments used.
Article 43 1 Prescription. The minor offences prescribed after a year of having committed; serious violations in four years, and the very serious offences after five years. The period of prescription is interrupted by the initiation of the disciplinary procedure, with knowledge of the person concerned.
2. The penalties prescribed in the head a year since they are firm in the case of minor offences, and in four years in the case of serious or very serious offences. The period of prescription is interrupted by the initiation, with the knowledge of the person concerned, the procedure of execution.
First additional provision Are property of cultural interest, with the category that corresponds respectively in accordance with article 11 of this law, the Romanesque chapels, artistic monuments, artistic monuments-archaeological and historical interest areas and prehistoric of national interest included in the Regulations II, of 13 July 1964, and in the Regulations, and section 2, of 4 June 1970, amended by resolution of the General Council adopted in the ordinary session of 5 July 1988 , which is included in the list that is published as an annex to this law.
Second additional provision the measures that are adopted in application of this law may not infringe the right to privacy or respect for private life.
Transitional provision 1. As long as you have not been expressly defined, declared monuments protection environments are considered under the first additional provision the spaces included within a radius of one hundred meters from the outer perimeter of the monument.
2. While it is not dictate corresponding demarcation decrees, cannot make any new construction or extension of volume, in the environments defined in paragraph 1, without the prior favourable report of the services of cultural heritage.
Once it passed the decrees mentioned above, shall apply the criteria set out there.
1. Abolishes the Regulations II, July 13, 1964, the Regulations, and section 2, of 4 June 1970 and the Regulations of July 5, 1988, as well as all legal provisions of equal or lower rank, in force prior to the entry into force of this law, that the versus offline or object.
2. Repealing article 2 of the law of 9 November 1983 on the protection of cultural heritage-natural of Andorra. The rest of the articles of this law remain in effect with application exclusively to the assets of the natural heritage.
First final provision the Government has approved in a maximum period of two years the decrees of delimitation of areas for the protection of each of the declared monuments under the first additional provision. These records should follow the procedure regulated in article 2.
Second final provision this law shall enter into force the day after its publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, 12 June 2003 Francesc Areny Casal Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Jacques Chirac Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra Canillo Parish Church Monuments Annex of Sant Serni de Canillo Soldeu Church of Sant Bartomeu Church of Sant Pere del Tarter Church of Sant Joan de Caselles Church of the Holy Cross Church of Sant Miquel of Prats old Sanctuary of Meritxell Sanctuary of Meritxell archaeological Areas Meners de Ransol etchings of the rock of the parish of Encamp Monuments
Church and small shelter of Santa Eulalia Church of Sant Romà de les Bons Tower of the Moors (Castle of the Good) St. Michael's Church of St. Mark's Church, Mosquera and Santa Maria Church of Sant Romà de Vila archaeological Areas Grotto of Llunci parish of Ordino Church Monuments of Sant Corneli and Sant Cebrià Church of Sant Serni de Llorts Church of Sant Martí de la Cortinada Church of Sant Miquel of Ansalonga Church of Sant Pere del Serrat Church Sornàs Chapel of Sant Roc in casa Rossell Church of Santa Barbara Mola and cal Pal sawmill Rossell Colomer in casa Rossell Areny-Plandolit House architectural Sets Cabañas del Castellar archaeological Zones of the Earth Prints Sornàs prints of la Mola Llorts mine Mine of the parish of la Massana dels Meners Monuments Church of Sant Iscle and Santa Victoria Church of Sant Joan de Sispony Church of Sant Cristòfol d ' Anyós Church of Saint Ermengol of l'aldosa Church of Sant Romà Erts Church of Sant Andreu of Arinsal Church of Sant Climent de Pal bridge of Sant Antoni de la Grella Rossell parish of Andorra la Vella, Sant Esteve Church Monuments of St. Andrew's Church Home of the Valley Church of Santa Coloma la Margineda bridge archaeological areas, archaeological Area of the Roc d'enclar parish of Sant Julià de Lòria Church Monuments of Sant Julià and Sant Germà de Lòria shrine of our Lady of God of Canòlic Church of Sant Esteve de Bixessarri Church of Sant Serni de Nagol Church of Sant Martí de Nagol Church of Sant Miquel de Fontaneda Church of Sant Pere of Paola Church of Sant Romà d ' Aubinyà archaeological Areas Grotto of la Margineda parish of Escaldes-Engordany, Monuments, Church of St. Peter the martyr Church of Sant Miquel d'engolasters Church of Sant Romà dels Vilars Escalls Engordany Bridge Plan Bridge bridge of Pont de la Tosca Recorded archaeological Areas of need Sunday Forge from Andorra Sant Jaume Engordany