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)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2016009223&caller=list&article_lang=F&row_id=1&numero=8&pub_date=2016-05-23&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2016-05-23 Numac: 2016009223 FEDERAL JUSTICE PUBLIC SERVICE may 4, 2016. -Act to amend the law of 28 October 1996 concerning the return of cultural objects unlawfully removed from the territory of foreign States (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The House of representatives has adopted and we sanction the following: Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S. 2 Act of 28 October 1996 on the return of cultural objects unlawfully removed from the territory of foreign States, it is inserted in an article 1/1 as follows: "article 1/1. This law transposes directive 2014/60/EU of the European Parliament and of the Council of 15 may 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending the Regulation (EU) No. 1024/2012 (recast). "."
S.
3 A 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 which applies directive 2014/60/EU of the European Parliament and of the Council of May 15, 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending the Regulation (EU) No. 1024/2012 (recast);";
2 ° in 2 °, 'establishing the European Community' shall be replaced by the words "on the functioning of the European Union" and paragraph 2 is repealed;
3 ° article is supplemented by an 8 ° as follows: 8 ° "IMI": the internal market information system referred to in Regulation (EU) No. 1024/2012 European Parliament and of the Council of 25 October 2012 concerning administrative cooperation through the internal market information system and repealing decision 2008/49/EC of the Commission. "."
S. 4. in article 3, 1 °, of the Act, the words "Regulation (EEC) No 3911/92 of the Council, 9 December 1992 ' shall be replaced by the words" Regulation (EC) No 116/2009 of the Council of 18 December 2008 ".
S. 5. in article 4, paragraph 2, point 3, of the Act, the word "two" is replaced by the word "six".
S. 6. in article 7, § 2, paragraph 2, 2 °, of the Act, the words "Regulation (EEC) No 3911/92 of the Council, 9 December 1992 ' shall be replaced by the words" Regulation (EC) No 116/2009 of the Council of 18 December 2008 ".
S. 7A section 9 of the Act, the following amendments are made: 1 ° 1st paragraph is replaced by the following: "action in return of cultural objects unlawfully removed from the territory of a State is prescribed by three years from the day where the competent central authority of the requesting State had knowledge of the whereabouts the cultural object and the identity of its possessor or holder.";
2 ° in paragraph 2, the words "goods referred to in article 2, 2 °, b)," are replaced by the words "cultural assets included in surveys of religious institutions or organizations offering legal assistance according to a non-denominational philosophical conception".
S.
8A section 10 of the Act, the following amendments are made: 1 ° 1st paragraph is replaced by the following: "If he ordered the restitution of cultural property to the requesting State, the tribunal awards the owner fair compensation, provided that the possessor proves that he exercised the diligence when acquiring.";
2 ° paragraph 2 is replaced by the following: "in determining whether the possessor exercised due care, account shall be taken of all the circumstances of the acquisition, including documentation on the origin of the good, permissions of output required under the law of the requesting State, of the quality of the parties, the price paid, the consultation or not by the owner of any register accessible on stolen cultural property and any relevant information It could have reasonably obtained or any other approach that a reasonable person would have undertaken in the same circumstances. ";
3 ° paragraph (3) is repealed.
S. 9. in the Act, it is inserted an article 13/1 as follows: "article 13/1. Without prejudice to the possibility of resorting to other means of communication, the central authorities of the States use a module of IMI specially designed for cultural property in order to cooperate and consult. They can also use IMI to disseminate relevant information to a case concerning cultural objects that have been stolen or that have been unlawfully removed from their territory.
Information exchanges are made through the IMI, in accordance with the provisions of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
The King may designate other authorities using IMI for the purposes of this Act. "."
S. 10. the schedule to the Act, as amended by the law of 15 December 1997 and November 26, 2002, is repealed.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, may 4, 2016.
PHILIPPE by the King: the Minister of Justice, K. GARG seal of seal of the State: the Minister of Justice, K. GARG _ Note (1) Note House of representatives (www.lachambre.be) Documents: 54 1645 full report: April 28, 2016