Law Amending The Law Of 28 October 1996 On The Return Of Cultural Objects Unlawfully Removed From The Territory Of Foreign States (1)

Original Language Title: Loi modifiant la loi du 28 octobre 1996 relative à la restitution de biens culturels ayant quitté illicitement le territoire de certains Etats étrangers (1)

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belgiquelex.be - Carrefour Bank of Legislation

4 MAI 2016. - An Act to amend the Act of 28 October 1996 on the restitution of cultural property that has unlawfully left the territory of certain foreign States (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. In the Act of 28 October 1996 on the restitution of cultural property illegally leaving the territory of certain persons An article 1/1 is inserted as follows:
"Art. 1/1. This Act transposes Directive 2014/60/EU of the European Parliament and the Council of 15 May 2014 on the restitution of cultural property that has illegally left the territory of a Member State and amends Regulation (EU) No 1024/2012 (refonte). ".
Art. 3. In section 2 of the Act, the following amendments are made:
1° 1° is replaced by the following:
"1° "State": a Member State of the European Union or a State of the European Free Trade Association to which Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the restitution of cultural property having illegally left the territory of a Member State and amending Regulation (EU) No 1024/2012 (refonte); ";
2° in 2°, the words "instituting the European Community" are replaced by the words "on the functioning of the European Union" and paragraph 2 is repealed;
3° the article is completed by an 8° written as follows:
8° "IMI": the internal market information system referred to in Regulation (EU) No 1024/2012 of the European Parliament and Council of 25 October 2012 concerning administrative cooperation through the internal market information system and repealing Commission decision 2008/49/EC. ".
Art. 4. In Article 3, 1°, of the same Law, the words "Regulation (EEC) No 3911/92 of the Council, of 9 December 1992" are replaced by the words "Regulation (EC) No 116/2009 of the Council, of 18 December 2008".
Art. 5. In article 4, paragraph 2, point 3, of the same law, the word "two" is replaced by the word "six".
Art. 6. In Article 7, § 2, paragraph 2, 2°, of the same Law, the words "Regulation (EEC) No 3911/92 of the Council, of 9 December 1992" are replaced by the words "Regulation (EC) No 116/2009 of the Council, of 18 December 2008".
Art. 7. In section 9 of the Act, the following amendments are made:
1st paragraph 1er is replaced by the following:
"The restitution of cultural property that has unlawfully left the territory of a State shall be prescribed by three years from the day on which the competent central authority of the requesting State was aware of the place where the cultural property was located and of the identity of its owner or holder. ";
2° in paragraph 2, the words "goods referred to in article 2, 2°, (b)," are replaced by the words "cultural property taken in inventories of religious institutions or organizations offering moral assistance according to a non-denominational philosophical conception".
Art. 8. In section 10 of the Act, the following amendments are made:
1st paragraph 1er is replaced by the following:
"If he or she orders the restitution of the cultural property to the requesting State, the court shall grant the owner a fair compensation, provided that the owner proves that he has exercised the due diligence required during the acquisition. ";
2° Paragraph 2 is replaced by the following:
"To determine whether the owner has exercised the required diligence, all the circumstances of the acquisition, including documentation on the origin of the property, the authorizations required under the law of the requesting State, the quality of the parties, the price paid, the consultation or not by the owner of any accessible register on the stolen cultural property and any relevant information that he could reasonably have obtained or any other reasonable process. ";
Paragraph 3 is repealed.
Art. 9. In the same Act, an article 13/1 is inserted as follows:
"Art. 13/1. Without prejudice to the possibility of using other means of communication, the central authorities of the States use a module of the IMI specifically designed for cultural property in order to cooperate and consult. They may also use IMI to disseminate relevant information relating to a case of a case of cultural property that has been stolen or that has illegally left their territory.
Information exchanges are carried out through IMI, in accordance with the provisions of the Privacy Protection Act of 8 December 1992 with respect to personal data processing.
The King may designate other authorities that use IMI for the purposes of this Act.".
Art. 10. The Schedule to the Act, as amended by the Acts of 15 December 1997 and 26 November 2002, is repealed.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 4 May 2016.
PHILIPPE
By the King:
The Minister of Justice,
K. GEENS
Seal of the State Seal:
The Minister of Justice,
K. GEENS
____
Note
(1) Note
House of Representatives
(www.lachambre.be)
Documents: 54 1645
Full report : April 28, 2016