On The Return Of Illegally Exported Cultural Property

Original Language Title: o navrácení nezákonně vyvezených kulturních statků

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=51147&nr=101~2F2001~20Sb.&ft=txt

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.