101/2001 Sb.
LAW
of 22 March. February 2001
on the return of illegally exported cultural property
Change: 180/2003 Coll.
Change: 281/2009 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
INTRODUCTORY PROVISIONS
§ 1
The subject of the edit
This Act provides, in accordance with the law of the European Communities ^ 1)
procedure for the return of cultural objects illegally exported have been
on the territory of the United Kingdom from the territory of another Member State of the European Union
(hereinafter referred to as "Member State") or from the territory of the Czech Republic on the territory of the
Member State after 31 December 2006. December 1992.
§ 2
Definition of basic terms
(1) the cultural object is the thing that
and) is part of the national cultural treasure and at the same time
1. they belong to at least one of the categories, the list of which is given in the
Annex No. 1 to this Act,
2. is included in the public collections of the Museum of the nature listed in the inventories
museums, galleries, libraries, archives, or
3. is part of the inventory of churches or religious societies,
where applicable, their equipment ^ 2) or
(b)) is part of the national treasures and cultural object
under the legislation of a Member State.
(2) the national cultural treasure of the United States are things or files
things that are defined by specific legislation such as the cultural
monuments and national monuments ^ 3) collections of the Museum of the nature and
individual collection items, ^ 4) ^ 5) records or objects of cultural
the value ^ 6) if these items meet the conditions for declaration for the
cultural monument under special legislation. ^ 3)
(3) a public collection of the United States is the collection of the Museum's nature, which is
owned by the United States, the local government unit or
legal person established by law or on the basis of the law of State
or local government unit.
(4) the Illegally exported cultural object is a cultural object which has been
from the territory of the Czech Republic on the territory of a Member State or on the territory of the Member
State on the territory of the Czech Republic exported after 31 July. December 1992 in violation of
the legislation, which is determined by the way its protection and management
with him, or in breach of regulation of the European communities, ^ 7) or
was not returned by the deadline.
(5) the requesting State is the Member State from whose territory the cultural object
illegally exported to the territory of the Czech Republic, the Czech Republic, or if
He was out of its territory of the cultural object illegally exported to the territory of another
of a Member State.
(6) the requested State is the Czech Republic, where in its territory
a cultural object illegally exported from the territory of a Member State,
or the Member State in whose territory a cultural object unlawfully
exported from the United States.
§ 3
The central authorities
(1) the central authority of the United States, who carries out the tasks related to the
the return of illegally exported cultural property, is the Ministry of
culture and in cases relating to public records ^ 5) Ministry of the Interior
(hereinafter referred to as "central authority").
(2) the central authority of the return of illicitly exported cultural goods
cooperates with other relevant central authorities of the Member States
and once every 3 years, reports the procedure under this Act of the European
to the Commission.
PART TWO
THE CZECH REPUBLIC AS THE REQUESTED STATE
§ 4
The procedure of the central authority in the search and examination of illegally
exported cultural object
(1) the central authority of unlawfully exported cultural starts searching for
the farm on the basis of a written request to the central authority of the requesting State.
The request must contain the data needed for identification of the cultural object,
in particular, a detailed description, photo documentation, if made, information on the
presumed location of, or information about a person that is
the owner of the object or of its holder. The application shall be
accompanied by a statement of the central authority of the requesting State, that this is a
cultural object illegally exported from its territory, and what is the
the illegality of the exports.
(2) the central authority on the request of the central authority of the requesting State in accordance with
paragraph 1 shall inform the owner of the object, and if the owner is not
I know, its holder.
(3) in the event that the authority finds the place where the cultural object
referred to in paragraph 1, where appropriate, its owner or keeper,
informed of this fact, the central authority of the requesting State. At the same time
It prompts you to within 2 months from the date of delivery of this call
He took part in an inspection of a cultural object that the central authority
arrange, and also notifies that if this period not
will not be made for measures necessary to ensure the care of cultural object
(§ 5 para. 1 and 2).
(4) the owner or keeper of a cultural object is based on the decision of the
the central authority shall within the period specified in agreement with the Central
authority of the requesting State in this decision to allow inspection of the cultural
the farmhouse. Examination of the cultural object is always done with the participation of the representative of the
the central authority.
§ 5
Measures to ensure good care
(1) if the material Is the essence of a cultural object shall be decided by the Central
the authority on the measures that the owner is obliged to make to its
protection, and at the same time specifies the time limit within which it is obliged to execute these measures;
These obligations of the holder of a cultural object, if it is not the Central
authority of the owner of the object is known.
(2) does not make the owner or holder of such measures within the prescribed period
or if required by the protection of the cultural object, the central authority shall decide
that is the owner or holder to cultural object for a period of
necessary to turn over to the custody of a legal entity or an organizational
the State specified in the decision. A legal entity or an organizational
units of the State, the central authority may specify in its decision under this
the paragraphs are listed in annex 2 to this Act.
(3) the measures provided for in paragraphs 1 and 2, the central authority may decide
in the event that the owner or keeper does not let you in due time
examination of the cultural object.
(4) the central authority of a decision on the measures referred to in the preceding paragraphs
cancels, no longer exist if the reasons for which it was issued.
(5) an appeal against a decision under paragraphs 1, 2 and 3 does not have suspensory
effect.
§ 6
If the central authority of the requesting State and the owner of the illegally
export of a cultural object is to be carried out negotiations seeking to
the return of the cultural object, has a central authority at the initiative of
the central authority of the requesting State or the owner at this hearing
as a provider.
§ 7
The replacement for the inspection
The central authority is obliged to pay to the owner or holder in connection
with an inspection of the cultural good compensation for necessary expenses and compensation for loss of
profit or compensation for loss of earnings. On the compensation for the owner or
the holder may ask the central authority within 15 days from the date of inspection, otherwise
the claim expires.
§ 8
Reimbursement of the costs incurred by the Czech Republic in connection with the
application of the measures referred to in § 5 para. 1 and 2, the central authority for
of the requesting State.
Court proceedings
§ 9
Instituting the proceedings
(1) the central authority of the requesting State may submit to the Court the United States
against the owner of a cultural object, and if the owner is not known, against
the application initiating proceedings for the return of illegally exported
the cultural object.
(2) the proceedings referred to in paragraph 1, the competent court is the owner of the
the cultural object, and if the owner is not known, the General Court of the holder
the cultural object.
(3) the petition must, in addition to the General requirements
stipulated by special legislation ^ 8) contain a detailed description of the
illegally exported cultural object and the documents, which show that
It is a cultural object under the legislation of the requesting State, that
He was illegally exported from its territory.
§ 10
The central authority after it shall inform the central authority of the requesting State about
making an application to the Court, the proceedings initiated the central competent
authorities of all other Member States.
§ 11
The deadline for application of the law on the return of illegally exported cultural
farm
The right to the return of illegally exported cultural object shall be barred,
If the central authority of the requesting State, has not been applied in the Court in the
a period of 1 year from the date when the central authority of the requesting State learning
where the illegally exported cultural object found and who his
the owner or keeper; "the vehicle to the owner or keeper
the cultural object limitation, lapse of the right to return cannot be
illegally exported farm. However, this right shall lapse at the latest
the expiration of 30 years from the date on which the cultural object illegally exported from
the territory of the requesting State, and in the case that it is a cultural object,
that is part of public collections or ecclesiastical property by law
the laws of the requesting State, this right will be retired by the end of the 75
years from the date on which the cultural object illegally exported from the territory of
of the requesting State.
§ 12
(1) the Court of the proposal on the return of illegally exported cultural object
, where a cultural object is exported from the territory of the requesting State
illegally.
(2) the Court shall decide, at the same time the obligations of the requesting State to provide
the owner of the object or the holder of a cultural object, if it is not
the owner is known, compensation in the amount of the proportionate to the circumstances of the case for
provided that the owner or keeper administered the cultural object with
due care.
(3) the decisions of the Court referred to in paragraphs 1 and 2 shall not affect the ownership of the
the right to illegally exported cultural farm.
PART THREE
THE CZECH REPUBLIC AS THE REQUESTING STATE
section 13 of the
The procedure of the central authority when applying for search and examination
illegally exported cultural object
(1) if the central authority finds that was illegally exported
cultural object, submits a written request to the central authority of the requested
State on his find. The application shall contain in addition to requirements
laid down by the legislation of the requested State also provide the information needed to
the identification of illicitly exported cultural object, its detailed
Description, photo documentation, if made, an indication of the expected place
occurrence, where necessary, details of the owner of the object or its
the holder and the Declaration of the central authority, that it is illegally
exported cultural object under this Act and what is the
the illegality of the exports.
(2) the central authority shall, after receipt of a notification from the central authority of
of the requested State that the cultural object has been found and that it is possible to
check it, performs an inspection of a cultural object within the time limit agreed with the
the central authority of the requested State, but not later than within 2 months
from the delivery of the notification about the possibility to examine the cultural object.
§ 14
Court proceedings
(1) the central authority is entitled to against the owner or holder to
the competent court in the requested State to initiate proceedings for the return of
illegally exported cultural object, if negotiations between the Central
authority and owner of a cultural object mediated Central
the authority of the requested State, to recover this cultural
the farm is not appropriate.
(2) the central authority shall inform at the same time of the submission of the proposal referred to in paragraph 1
the central authority of the requested State.
(3) the application referred to in paragraph 1 shall contain the particulars set out
the law of the requested State.
§ 15
(1) between the central authority and the owner of the object to the
the agreement on the return of illegally exported cultural object or
If the competent court in the requested State that illegally
exported cultural object should be deallocated on the territory of the Czech Republic,
ensure the return of the central authority at the expense of the United States.
(2) the Czech Republic will pay
and the requested State costs) incurred by performing the steps to
provide care for illegally exported cultural object,
(b)) the owner or holder of a cultural object refund laid down
the competent court in the requested State.
(3) the person who caused that the cultural object in question was from the territory of the United
the Republic illegally exported, shall be obliged to replace the Czech Republic
It costs referred to in paragraphs 1 and 2. The central authority shall apply
entitled to reimbursement in respect of this person without undue delay.
section 16 of the
After the return of illegally exported cultural object back to the territory of the Czech
the Republic of the central authority of this farmhouse conveniently placed; in doing so, shall ensure that
proprietary rights in the United States, territorial self-governing units, other
legal persons or natural persons to these cultural goods.
PART FOUR
COMMON AND FINAL PROVISIONS
§ 17
Synergy
(1) the authorities of State administration and territorial self-government authorities are within their
the scope of the obligation to provide assistance related to the central authority
with the return of illegally exported cultural object.
(2) legal and natural persons, including the owner or holder of that
they have the documents and other evidence or information needed for the
preparation and execution of proceedings under this Act, are required to
to provide assistance to the central authority by
and) pursuant to decision of the central authority and within the time limit laid down in
shall submit to the central authority of the requested documents and other evidentiary
resources, or
(b)), will provide the central authority as witnesses with information on facts
concerning the cultural object and its illegal export.
Against the decision referred to in the letters and) is not admissible.
(3) the provision of cooperation may be a natural person denied if
would this person or persons threatened by meeting her loved ones this synergy
the risk of criminal prosecution or would violate the obligations laid down
specific legislation or statutory ^ 9) explicitly stored or
recognized confidentiality obligation, if it has not been exempted from.
section 18
(1) a legal or natural person, including the owner or holder,
connection with the provision of cooperation under § 17 para. 2
compensation for necessary expenses and compensation for loss of profits or damages
earnings.
(2) a claim referred to in paragraph 1 the following persons applied to the central authority
within 15 days from the date of grant of the synergies, otherwise entitlement ceases to exist.
§ 19
Penalties
(1) the central authority may impose a legal or natural person, including the
the owner or the holder of, the fine for violation of the obligations provided for in §
Article 17(1). 2 up to 500 000 CZK.
(2) the central authority may, in addition to the owner or holder of a fine
and) for infringement of the obligations laid down in section 4, paragraph 4. 4 up to 3 000 000
CZK,
(b)) for non-compliance imposed in the decision issued pursuant to § 5 para.
1, 2 and 3, up to 3 000 000 CZK.
(3) for repeated violation of the obligations referred to in paragraphs 1 and 2, the Central
authority to impose a fine of up to twice the upper limit laid down
the amounts. Breach of the obligation is deemed to be repeated, if it
legal or natural person, owner or holder committed an act in
the time within 1 year from the date of the decision imposing fines
under this Act.
(4) in determining the amount of the fine, the central authority shall take into account the severity,
the way of the negotiations, the scale and consequences of the infringement.
(5) a fine may be imposed within 1 year from the date on which the central authority of the
violation of obligations of the learned, but within 3 years from the date on which the
breach of an obligation has occurred.
(6) the Fines collected and enforced by the central authority.
(7) the fines are the Czech Republic's State budget revenue.
section 20
Relationship to the administrative procedure
The administrative code shall apply
and on the decisions of the central authority) under this Act,
(b)) on the process of requesting and providing cooperation pursuant to § 17 of this
law, unless otherwise provided by this Act.
section 21
The effectiveness of the
This Act shall take effect on the date of the Treaty of accession of the Czech
Republic to the European Union enters into force.
Klaus r.
Havel, v. r.
Zeman in r.
Č. 1
Enumeration of categories that belong to the things that are considered cultural object
within the meaning of section 2 (2). 1 (b). and section 1 of this Act)
Price category-market price in the requested State
1. Archaeological objects more than 100 years, originating in
from excavations or finds on land or under water,
archaeological sites or archaeological collections. Financial limit: no matter the price
2. Elements forming an integral part of artistic,
historical or religious monuments older 100 years
which have been dismembered. Financial limit: no matter the price
3. Pictures and paintings, which are not included in the categories
referred to in points 4 and 5,
hand-painted on any medium and for any
material that are over 50 years old and do not belong
their author. Financial limit: 150,000.0-,-EUR
4. water-colours, gouaches and pastels, hand-drawn on any
the substrate that are over 50 years old and do not belong to their
the author. Financial limit: 30000.0-,-EUR
5. Mosaics, which do not fall within the categories set out in points (1)
or 2, and drawings produced entirely by hand on any
of the surface and of any material that are over 50 years old
and do not belong to their author. Financial limit: 15000.0-,-EUR
6. Original engravings, prints, lithographs, including sítotisků
their plates and original posters that are older
50 years old and do not belong to their author. Financial limit: 15000.0-,-EUR
7. original sculptures or sculpture and copies made in the same
procedure as the original, which are over 50 years old
and do not belong to their author, unless they fall into the category of the financial limit: 50000.0-,-EUR
referred to in point 1.
8. Photographs, films and negatives thereof that are older
50 years old and do not belong to their author. Financial limit: 15000.0-,-EUR
9. Incunabula and manuscripts, including maps and musical scores,
individually, if they are over 50 years old and do not belong to their
the author, or as a collection of ^ 1) financial limit: no matter the price
10. Books more than 100 years, the individual, or as a collection of ^ 1) financial limit: 50000.0-,-EUR
11. Printed maps more than 200 years. Financial limit: 15000.0-,-EUR
12. Archives of all kinds and on any medium with archival materials
older 50 years. Financial limit: no matter the price
13. Collections and specimens from zoological, botanical,
mineralogical and anatomical Collections. ^ 1) financial limit: 50000.0-,-EUR
14. Collections of historical, palaeontological, ethnographic
and Numismatic. ^ 1) financial limit: 50000.0-,-EUR
15. The means of transport older 75 years. Financial limit: 50000.0-,-EUR
16. Any other antique, over 50 years old, not included
to the categories listed in paragraphs 1 to 15. Financial limit: 50000.0-,-EUR
Cultural goods according to this annex are the things that are included in the categories
referred to in sections 3 to 8, 10, 11 and 13 to 16 if their price
reaches at least referred to a financial limit, and things that are included in the
categories referred to in points 1, 2, 9 and 12 always, regardless of the price.
Compliance with the conditions relating to financial limits should be assessed when
request a search for a cultural object. Prices in the Czech Republic
in euro in this annex shall be converted and expressed in CZK
Czech according to the exchange rate as at 31 December 2005. December 2003, published in the official
Journal of the European communities. The converted price in Czech Crowns,
from the date of 31. December 2003, subject to review every two years. The calculation of the converted
the price is based on the average daily value of the Bohemian Crown, calculated on a
the euro in the period of 24 months ending on the last day of the month of August
preceding the review, and this price is effective as of the date of 31.
December of the calendar year in which the review is carried out. For each of the
a review of the prices expressed in euro and their values
converted to the Bohemian Crown, published in the official journal of the European
community in the month of November preceding the date on
which takes the result of the review of the effectiveness.
Č. 2
Legal persons or organizational units of the State, that the Central
authority may specify in its decision according to § 5 para. 2 of this Act,
The National Museum
National Gallery in Prague
Museum of decorative arts in Prague
National technical Museum
National film archive
The State central archive in Prague
The State regional archives in Třeboň, based
The State regional archives in zámrsk based
The State regional archives located in Pilsen, Czech Republic
The State regional archives Litomerice based
The Moravian land archive located in Brno
Land archive based in Opava
1) of Council Directive No 93/7/EEC on the return of cultural objects unlawfully
exported from the territory of a Member State, as amended by the directive of the European
Parliament and Council Directive 96/100/EC and the directive of the European Parliament and of the Council
2001/38/EC.
1) section 2 of the Act No. 121/2000 Coll., on the protection of the collections of the Museum of the nature and
amendments to certain other laws.
2) Act No. 308/1991 Coll. on freedom of religious belief and the status of churches
and religious communities.
3) Law No. 20/1987 Coll. on State heritage preservation, as amended
regulations.
4) Law No. 20/1987 Coll. on State heritage preservation, as amended
regulations.
5) Act No. 97/1974 Coll. on archives, as amended.
6) Act No. 72/1994 Coll., on the sale and export of objects of cultural value,
as amended by Act No. 122/2000 Sb.
7) of Council Regulation No 3911/92/EEC on the export of cultural goods, as amended by
Council Regulation No 2469/96/EC, and Council Regulation No 947/01/EC.
8) Act No. 99/1963 Coll., the civil procedure code, as amended
regulations.
9) Act No. 148/1998 Coll., on the protection of classified information and amending
certain acts, as amended.
