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The Law Of A Member State Of The European Union On The Return Of Cultural Objects Unlawfully Removed From The Territory Of A

Original Language Title: Laki Euroopan unionin jäsenvaltion alueelta laittomasti vietyjen kulttuuriesineiden palauttamisesta

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Law on the return of cultural objects unlawfully removed from territory of a Member State of the European Union

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In accordance with the decision of the Parliament:

ARTICLE 1
Scope

Article 2 (1) of Directive 2014 /60/EU of the European Parliament and of the Council on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 A cultural object defined as a national treasure in a Member State, which is in Finland and which has been exported illegally from the territory of another Member State, shall be returned to the Member State concerned as provided for in this Act.

Article 3 of this Law also provides for requests and notifications of cultural objects unlawfully removed from Finland.

What this law provides for a Member State of the European Union also applies to the countries of the European Economic Area.

ARTICLE 2
Illegal exports

The cultural object has been illegally exported if it has been exported from the territory of a Member State of the European Union contrary to Council Regulation (EC) No 116/2009 on the protection of the national treasures of the Member State concerned or the export of cultural goods.

An object is also illegally exported if it is not returned to a Member State of the European Union from which it has been illegally exported for an exhibition, investigation, refurbation or any other such temporary or temporary purpose The law of the State or, where the condition imposed on the authorisation has been infringed.

ARTICLE 3
Central Authority

The central authority responsible for the tasks laid down in this Act is the Ministry of Education and Culture. As a central authority, the Ministry of Education and Culture is responsible for cooperation with the competent authorities in Finland:

(1) maintain contact with the central authorities and competent authorities of the Member States of the European Union within the meaning of the Directive referred to in Article 1 and promote cooperation between the competent authorities of Finland and the Member States;

(2) to seek, at the request of the requesting Member State, cultural objects unlawfully exported in Finland and to identify their owner and holder;

(3) inform the Member States concerned of the discovery of unlawfully removed objects;

(4) organise, where appropriate, the requesting Member State, within six months of the notification referred to in paragraph 3;

(5) act as a mediator in the negotiations between the owner or the proprietor and the requesting Member State in order to achieve reconciliation in return;

(6) take measures to protect and safeguard the return of cultural objects unlawfully removed;

(7) to provide, at the request of a Member State requiring the return of an article, the initiation of proceedings and other legal assistance;

(8) send requests for the search and return of cultural objects unlawfully exported from Finland to the authorities of the Member States of the European Union;

(9) inform the central authority of the State of the State of the location of an item illegally exported from Finland of the initiation of an application for the return of the article in that State; and

(10) take other measures necessary to comply with the provisions of this Law and Article 1 of this Directive.

§ 4
Application for return

The district court shall decide on the return of a cultural object illegally exported from the territory of another Member State of the European Union to the written application of that Member State.

The application shall be examined by the district court, the object of which is the object of the tachograph or in whose jurisdiction the owner or the holder of the article is domiciled or habitually resident, or in whose jurisdiction he resides.

An application or an annex to that application shall describe the object to be returned and shall state that the cultural object referred to in Article 1 is in question. The application shall also be accompanied by a written confirmation from the competent authority of the Member State making the application that the object has been illegally exported from the territory of that Member State.

§ 5
Security measures

In order to safeguard the return of the cultural object, the District Court referred to in Article 4 may order the seizure of the article or decide otherwise. Security measures shall be laid down In Chapter 7 of the Court of Justice .

An application for a precautionary measure may be initiated by the Member State referred to in Article 4 (1) or by the Ministry of Education and Culture.

If the application referred to in Article 4 has not been initiated within six months of the adoption of a decision on the imposition of a security measure, the security measure shall be withdrawn. In addition, the enforcement of the enforcement shall be governed by the (705/2007) in Chapter 8, Section 4 .

ARTICLE 6
Time limits

The application provided for in Article 4 shall be instituted within three years of the date on which the competent central authority of the Member State in whose territory the object is unlawfully removed has been informed of the place where the object is located and the owner or holder. However, the application cannot be initiated after 30 years have elapsed since the unlawful export of the article.

In the case of an object of a public collection within the meaning of Article 2 (8) of the Directive referred to in Article 2 (8), or an object owned by a religious community in the Member State that requested the return of an article, an application subject to special protection Shall be initiated within the three-year period referred to in paragraph 1. However, the application cannot be initiated after 75 years have elapsed since the unlawful export of the article.

§ 7
Right to compensation

Where an object is ordered to be returned, for which, after the unlawful export of an article, has acquired property rights, a lien or other right, it is entitled to receive a fair remuneration from the Member State which requested the return of the article. The damage and inconvenience caused by the return.

In the case of an application for return, the district court shall, at the request of the holder of the right referred to in paragraph 1, provide for compensation if it can show that he has exercised due diligence in the acquisition of the right. The due diligence assessment shall take into account all circumstances in accordance with Article 10 (2) of that Directive.

When considering the amount of the compensation, account shall be taken of the effect of return on property ownership or other related rights, the purchase price of the article, changes in the value of the item after the acquisition, acquisition and preservation The costs incurred, the specific sentimental value of the article to its owner and the other relevant factors.

There is no better entitlement to compensation than the person from whom the object has been obtained free of charge, whether or not in return for the return of title or otherwise.

The compensation referred to in this section shall be paid in connection with the return of the item.

§ 8
Costs

The State of Finland shall not charge the Member State requiring the return of a cultural item to the costs incurred by the Central Authority and the competent authorities pursuant to this Act.

The Member State requesting the return of the cultural item shall bear the costs of the trial and other separate proceedings brought by Finland. The reimbursement of costs shall be In Chapter 21 of the Court of Justice . The Member State which requested the return shall also bear the costs incurred in Finland for the preservation, protection and restoration of the article.

§ 9
Law applicable to the right to property

Where a cultural object has been returned from Finland to another Member State of the European Union in accordance with the provisions of this Law and Article 1, the right to property shall be subject to the application of the The law to which the object has been returned.

ARTICLE 10
Entry into force

This Act shall enter into force on 18 December 2015.

This law repeals the law on the return of cultural objects unlawfully removed from the territory of the European Economic Area (12/061994) The Act shall apply to a cultural object in Finland which has been illegally exported from the territory of another Member State of the European Union on or after 1 January 1995.

THEY 12/2015 , SiVM 3/2015, EV 12/2015