Law Amending And Supplementing The Law On Cultural Heritage

Original Language Title: Закон за изменение и допълнение на Закона за културното наследство

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15487/

Name of law Law amending and supplementing the law on cultural heritage of the Name Bill a bill amending and supplementing the law on cultural heritage date adopted 11/02/2016 number/year Official Gazette 16/2016 Decree No 27

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on cultural heritage, adopted by the National Assembly of the HLIÌI 11 February 2016.

Issued in Sofia on 19 February 2016.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Catherine Dana

LAW

amending and supplementing the law on cultural heritage (official SG. 19 of 2009; Decision of the Constitutional Court No. 7 of 2009 – No. 80 of 2009; amend., SG. 92 and 93 from 2009, issue 101 of 2010 No. 54 by 2011, issue 15, 38, 45, 77 and 82 by 2012 and 15/66 by 2013 and by 98/2014)

§ 1. In art. 48, item 2 the following amendments and additions:

1. a new letter "c":

"c) serial-consisting of two or more objects of immovable cultural heritage, regardless of location, and United by a clear cultural, temporal, social and/or functional links;".

2. Previous letters "c", "d" and "e" shall become letters "d", "e" and "e".

§ 2. In art. 58, para. 1 the first sentence shall be replaced by the following: "the Declaration of objects that can be defined as a real cultural values, as well as the refusal of the Declaration shall be made by order of the Minister of culture or authorized by him Deputy Minister at the proposal of the Director of NINKN, on the basis of the preliminary assessment under art. 57, al. 3 and 4. "

§ 3. In art. 62 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "integrated assessment" shall be replaced by the "final score" and after the words "Minister of culture" there shall be added "or authorized by him Deputy Minister".

2. in the Al. 2, after the words "Minister of culture" there shall be added "or authorized by him Deputy Minister".

§ 4. In art. 63 the words "Minister of culture" shall be replaced by "referred to in art. 58, para. 1. "

§ 5. In art. 65 following amendments and supplements shall be made:

1. In paragraph 8. 1, 2 and 3, after the words "Minister of culture" there shall be added "or authorized by him Deputy Minister".

2. in the Al. 2 the words "Minister of culture" shall be deleted.

§ 6. In art. 109 (a), first sentence, after the word "offices" is added "high schools".

§ 7. In chapter six, in the name of the section VII the words ' national treasure ' shall be deleted.

§ 8. Article 132 is amended as follows:

"Art. 132. (1) Movable cultural property illegally exported from the territory of the country and are found on the territory of another Member State of the European Union, hereinafter referred to as "Member State", as well as those that were exported illegally from the territory of a Member State and are found on the territory of the Republic of Bulgaria shall be subject to return.

(2) A return under the conditions and in accordance with this section shall be subject to movable cultural property which:

1. before or after their illegal export from the territory of the country have status "a national treasure" acquired under the provisions of the Bulgarian legislation;

2. are an integral part of a public collection, property of the State or local government or the institution, funded largely by the bodies of State and local government, or are part of the collections of museums, libraries and archive Fund;

3. are included in the collections of the Bulgarian Orthodox Church and other registered religions.

(3) the provisions of this section shall apply to illegally exported moveable cultural property, which do not fall within the scope of paragraphs 1 and 2. 1, but meet the criteria under paragraph 1. 2 in the event that have passed no more than 30 years from the date of their illicit exports. "

§ 9. In art. 133 the following modifications are made:

1. The current text becomes paragraph 1 and is amended as follows:

(1) the Minister of culture is the central authority that coordinates, organizes and controls the work on the return of illegally exported moveable cultural property under art. 132, para. 2 and 3, in collaboration with the central authorities in other Member States, coordinating this activity on its territory. "

2. a para. 2:

"(2) the Minister of culture shall notify the European Commission of its functions under paragraph 1. 1 within the time limit under art. 145. "

§ 10. Article 134 is repealed.

§ 11. In art. 135 the following modifications are made:

1. In paragraph 8. 1 the words "national treasure" are replaced by "under art. 132, para. 2 and 3 ".

2. paragraph 2 is replaced by the following:

"(2) the Minister of culture:

1. subject to the availability of information on movable cultural property and objects under para. 1 checks its veracity;

2. in return, subject to this section, request the Member State concerned and shall inform the central authority of the Member State. "

§ 12. In art. 136 the following modifications are made:

1. In paragraph 8. 1 the words "national treasure" are replaced by "under art. 132, para. 2 and 3 ".

2. in the Al. 2 the words "national treasure" are deleted.

3. in the Al. 3, item 1 the words "national treasure" are deleted.

§ 13. Article 137 shall be amended as follows:

"Art. 137. (1) the Minister of culture:

1. at the request of the requesting Member State shall take the action by the relevant authorities in tracing down illegally exported from its territory movable cultural values, shall establish the identity of the possessor and/or holder;


2. notify the interested Member States in the territory of the country opening of movable cultural values for which there are grounds for believing that it is illegally exported from the territory of another Member State;

3. enable the competent authorities of the requesting Member State to check whether a fugitive subject is movable cultural value, provided that the verification shall be carried out within six months of submission of the notification referred to in paragraph 2; If you do not carry out an inspection within the prescribed period, item 4 and 5 shall not apply;

4. in cooperation with the Member State concerned shall take all necessary measures for the physical conservation of movable cultural values;

5. take all necessary provisional measures to prevent any action to evade the return procedure;

6. acting as intermediary between the possessor and/or holder and the requesting Member State in connection with the return, assist in the conduct of the arbitration procedure in accordance with the Bulgarian legislation, provided that the requesting Member State and the possessor or holder give their formal consent.

(2) the Minister of culture uses IMI (IMI) introduced by Regulation (EC) no 1024/2012 to the European Parliament and of the Council of 25 October 2012 on administrative cooperation through IMI and repealing Decision 2008/49/EC (OB, L 316/1 of 14 November 2012):

1. the objectives of cooperation and consultations with other Member States;

2. the dissemination of information relating to specific cases concerning movable cultural valuables that are stolen or illegally exported from the territory of the Republic of Bulgaria. "

§ 14. In art. 138 the following modifications are made:

1. In paragraph 8. 1 the words "national treasure" are replaced by "under art. 132, para. 2 and 3 ".

2. in the Al. 2, item 2, the words "national treasure" are replaced by "under art. 132, para. 2 and 3 ".

§ 15. In art. 139 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "one year" shall be replaced by the words "three years", and the words "national treasure" are deleted.

2. in the Al. 2 the words "national treasure" are deleted.

3. Paragraph 3 is replaced by the following:

"(3) for the objects forming part of public collections within the meaning of art. 132, para. 2, item 2, and items included in collections of ecclesiastical or other registered denominations, producing a return can be formed within 75 years, unless in the bilateral agreements between the Member States is provided for a period exceeding 75 years. "

4. in the Al. 4, the words "national treasure" are deleted.

§ 16. In art. 140 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) the exchange of information takes place through IMI, in accordance with the applicable legal provisions on the protection of personal data and privacy or other means of communication in addition to the IMI."

§ 17. In art. 141, para. 2 paragraph 1 shall be replaced by the following:

1. "falls in the category of art. 132, para. 2 and 3; ".

§ 18. In art. 142 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. Al are created. 2 and 3:

"(2) the Court, to determine whether the possessor has taken due care and attention, take into account all the circumstances surrounding the acquisition, in particular the documentation on the origin of the property, for export authorisations required under the law of the requesting Member State, the nature of the parties, the price paid, whether the possessor has made reference in the available records of stolen movable cultural property and whether he met with relevant information that could reasonably be expected to obtain, and whether it has taken any other action with regard to the circumstances.

(3) in the case of a donation or succession, the possessor shall not be in a more favourable position than the person from whom he acquired the property in this way. "

§ 19. In art. 143, para. 2 the words "art. 137, para. 1, paragraph 2 "shall be replaced by" art. 137, para. 1, item 4.

§ 20. In art. 144, para. 1 and 3, the words "national treasure" are replaced by "under art. 132, para. 2 and 3 ".

§ 21. In art. 145 the words "three years" is replaced by "five years".

§ 22. In art. 148 the following modifications are made:

1. In paragraph 8. the words "under art. 150, para. 2 "are replaced by" article. 150, para. 3. "

2. in the Al. 4, the words "under art. 150, para. 2 "are replaced by" article. 150, para. 3. "

§ 23. In art. 150 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

(1) permission to carry out field archaeological survey is issued to a person who:

1. holds a degree of master in speciality "archaeology" or "master" on specialty "arheometriâ" acquired a Bachelor's degree in "archaeology", or

2. holds a degree in archaeology or loan academic position in speciality "archaeology";

3. There are at least two years of professional experience as a Deputy Head of field archaeological research;

4. in contractual relations with the Bulgarian cultural, scientific or university institution, the activity of which is connected with the protection of the archaeological heritage;

5. submit a written recommendation from the person habilitirano profile in archaeological science in cases where the applicant is not a person habilitirano and when asking for permission to field archaeological research for the first time. "

2. a new paragraph. 2:

(2) persons who meet the requirements under paragraph 1. 1 shall be entered in the register of the Ministry of culture. The register shall contain the information referred to in para. 1, item 1 and 2. The procedure for the keeping of the register is determined by the Ordinance under art. 147, para. 6. "

3. The current paragraph. 2 it al. 3.


§ 24. In art. 151, para. 5 item 3 shall be replaced by the following:

"3. a document certifying the existence of the archaeological site guard for the duration of the actual presence of the investigated territories;".

§ 25. In art. 192, para. 1, item 2 is hereby amended as follows:

1. a new paragraph (a):

"a) give written prescriptions for the prevention or cessation of infringements under this law, and to eliminate the adverse effects of them within a specified period of time;".

2. Previous letters "a" and "b" become respectively the letters "b" and "c".

§ 26. In the additional provisions the following amendments and additions:

1. In paragraph 2, add: "and directive 2014/60/EC of the European Parliament and of the Council of 15 may 2014, for the return of cultural objects unlawfully removed from the territory of a Member State, and amending Regulation (EC) no 1024/2012 (OJ L 161/1 of 28 may 2014).

2. a § 2A:

"§ 2A. The provisions of Chapter vi, section 7, apply only to movable cultural property unlawfully removed from the territory of a Member State from 1 January 1993. '

3. In paragraph 4:

a) in item 4 (a) add "or in breach of Regulation (EC) No 116/2009 ';

(b)) in item 5, the words "national treasure" are replaced by "under art. 132, para. 2 and 3 ";

in point 6), the words "national treasure" are replaced by "under art. 132, para. 2 and 3 ";

d) in point 7, the words "national treasure" are replaced by "under art. 132, para. 2 and 3 ";

e) point 8 shall be replaced by the following:

"8." Possessor "means the person who actually holds the movable cultural values for your account. ';

t is created) is:

' 8A. "Holder" is a person who in fact holds the movable cultural value for third parties. ';

g) n. 20 shall be:

"20." institution, funded largely by the State and local authorities "within the meaning of art. 132, para. 2, item 2 is any legal entity with the status of budgetary organization under the law on public finances. "

§ 27. In the annex to article 2. 50, para. 3 p. 14 is replaced by the following:

"14. The ancient and medieval city of Durostorum –" Drustar, Silistra municipality, Silistra province. "

Transitional and final provisions

§ 28. (1) applications for the issue of permits for field archaeological research submitted to the entry into force of this law shall be dealt with in the previous row.

(2) the documents referred to in para. 1 for owned degree, degree and academic position applied for entry in the register under art. 150, para. 2.

§ 29. Persons who, until the entry into force of this law have received permission to carry out field archaeological research, but do not meet the requirements of art. 150, para. 1 can apply for authorisation under art. If you have 150 degree "master" in the specialty of professional direction "history and archaeology", with a specialization in archaeology or profile, or have 10 years of professional experience as an archaeologist, and at least twice were heads of field archaeological research.

§ 30. In the law for the protection and development of culture (official SG. 50 of 1999; amend., no. 1 of 2000; Corr. 34/2001; amend. 75/2002, no. 55 in 2004, no. 28, 74, 93, 99 and 103 of 2005, no. 21, 41 and 106 from 2006, 84/2007. , PC. 19, 42 and 74 from 2009, PCs. 13, 50 and 97 from 2010, PC. 25 and 54 from 2011, issue. 77 and 102 by 2012 PCs. 15 and 68 from 2013 and St. 96 by 2015.) in art. 23, the words "appropriations" shall be replaced by the words "budget".

§ 31. The law shall enter into force on the day of its publication in the Official Gazette.

The law was passed by the National Assembly-43 on 11 February 2016 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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