Heritage Act

Original Language Title: Erfgoedwet

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.

Law of 9 December 2015, pooling and adapting rules in the field of cultural heritage (Heritage Act)

We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken the view that it is desirable to combine, structure and simplify legislation in the field of cultural heritage and, inter alia, to legislate on the use of museale collections, the Dispose of cultural assets in the possession of public authorities, and modernise the system of quality assurance in archaeology;

It is true that we, the Department of Consultative Affairs of the Council of State, and with the mean consultations of the States-General, have found and understand the same as We approve and understand:

Chapter 1. General provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 1.1. Conceptual provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

For the purposes of this Act and the provisions based thereon, the following definitions shall apply:

  • archaeological monument: territory which is part of cultural heritage due to the remains, objects or other traces of human presence there present in the past, including those remains, objects and traces;

  • archaeological find: Remnant, object or other trace of human presence in the past from an archaeological monument;

  • protected cultural property: Culture that:

  • Protected collection: Collection designated on the basis of Article 3.7, second paragraph ;

  • Certificate: certificate as intended Article 5.1, first paragraph ;

  • College of State: the Cabinet of the King, the States-General, the other High Colleges of State, the Governors of the Governors or the Supervisory Commission on the intelligence and security services;

  • cultural heritage: material and intangible resources inherited from the past, brought about by man or arose from the interaction between man and environment, which individuals, independently of possession of it, identify as a human being. reflection and expression of constantly evolving values, beliefs, knowledge and traditions, providing them with a reference framework to them and future generations;

  • Cultural: a matter which is part of cultural heritage;

  • ensemble: one based on Article 3.13 designated national monument with cultural goods;

  • Inspector: Inspector referred to in Article 8.3 ;

  • setting: legal person established under private law with full jurisdiction;

  • Church monument: monument owned by a church, a self-contained part thereof, a body in which denominations are united, or of a different society on a spiritual basis and used exclusively or for a majority of for joint confession of religion or belief;

  • monument: immovable property which is part of cultural heritage;

  • Museal cultural good of the State: cultural property of particular interest which is the property of the State or which has been entrusted to the State;

  • normal maintenance: necessary regular work aimed at the preservation of monumental value;

  • Our Minister: Our Minister of Education, Culture and Science;

  • Excavation: Actions specified in Article 5.1, first paragraph ;

  • restoration: work that exceeds normal maintenance and is necessary for recovery;

  • Row monument: monument or archaeological monument that is registered in the state heritage register;

  • National Heritage Register: register as intended Article 3.3 ;

  • State: State of the Netherlands;

  • collection: cultural objects belonging to each other from a cultural or historical point of view.


Article 1.2. Scope

Compare Versions Save Relationships (...) (External Link) Permanent Link

The provisions of Chapter 5 shall apply in the enclosing zone specified in: Article 1 of the rijkswet Establishment terminating area .


Article 1.3. Reporting of the cultural heritage

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister brings out a scientific report at least once every four years, describing the development of the state of cultural heritage in the Netherlands.

Chapter 2. Management of collections

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 2.1. Museale cultural goods of the State

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 2.1. Keep in good condition

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister, who is responsible for it, a college of state or an institution, ensures that museal cultural assets of the State are in good condition in management.


Article 2.2. Accessibility

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister of State, a college of state or an institution promotes the accessibility of the state's museal cultural assets in administration.


Article 2.3. Secure

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Secretary of State, a college of State or an institution shall take measures to prevent the theft, loss, damage or destruction of the State's cultural assets in administration.

  • 2 Our Secretary of State, a college of State or an institution shall immediately inform the inspector of the disappearance or the nullitiation of a museal cultural good of the State.


Article 2.4. Registration and administration

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Secretary of State, a college of state or an institution, ensures:

  • a. Registration of the State Cultural Goods of the State in Management; and

  • b. description of the administrative organisation of the management taking into account this paragraph and the application of the procedures laid down in the administrative organisation.


Article 2.5. End of management

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister to whom it enters or a collegiate of State terminates the management of a cultural heritage of the State or the provision of funds to an institution for the benefit of that institution only after consultation with our Minister.


Article 2.6. Role Minister of OCW

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister is in charge of the private law management of the state ' s museale cultural assets.

  • 2 Our Minister shall keep a list of all the museal cultural objects of the State which are present to Our Ministers, the colleges of State and the institutions to whom the State's cultural objects have been administered in administration.

  • 3 Our Minister may give instructions to our Minister of State or an institution to the Minister of State or to an institution on the management of the State's musebased cultural goods.

  • 4 Our Minister may temporarily take over the management of a cultural heritage of the State from our Minister of State, a college of State or an institution if the preservation of cultural property is endangered.

  • 5 Our Minister accepts on behalf of the State of cultural goods or collections located in the Netherlands or beyond that meet the criteria set out in Article 3.7 , as far as unencumbered, to be devolved not and without incriminating conditions. Our Minister then takes care of the management of these cultural goods or collections.

  • 6 Our Minister may leave or derogate from paragraph 5 to the extent that its application, having regard to costs, cannot reasonably be required to be required.


Article 2.7. Detailed rules

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister proposes further rules on the management of museal cultural assets of the State.

  • 2 The rules may cover, inter alia:

    • a. Maintenance and restoration;

    • b. Registration and Administration;

    • c. safety concern;

    • d. Damage, liability and insurance; and

    • e. valuation of and advice on cultural goods by Our Minister.


§ 2.2. Task to manage collections

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 2.8. Loading with a task

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister may, by decision, charge an institution with the care for the management of museal cultural goods of the State or other cultural goods.

  • 2 A decision as referred to in the first paragraph shall be indefinite.

  • 3 A decision as referred to in paragraph 1 shall be taken in compliance with:

    • a. the expertise, knowledge and experience of the institution with the management and retention of cultural goods;

    • b. the suitability of the facilities of the institution for the management and retention of cultural goods and the accessibility of the facilities to the public;

    • (c) the importance of cultural goods of the establishment or the consistency of the cultural goods of the State with any museal cultural goods;

    • d. the responsibility which other governing bodies have taken in respect of the cultural goods in question;

    • (e) the efficient use of resources.


Article 2.9. Cultural goods to be managed

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 Our Minister may, after consultation with the relevant institution, amend the decision in respect of the cultural goods or collections it sees.

  • 3 In so far as the decision relates to the cultural objects of the State, these cultural goods shall be granted for the period covered by the act on loan as referred to in Article 3 (1). Article 1777 of Book 7A of the Civil Code .


Article 2.10. Planning policies

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 An institution in charge of the care provided in Article 2.8, first paragraph , implement planning policies for the conservation and management of cultural goods or collections.

  • 2 Our Minister may lay down detailed rules for the planning policy or may commit obligations to the decision referred to in Article 2.8, first paragraph .


Article 2.11. Job Revocation

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister may make a decision as intended Article 2.8 Withdraw:

    • a. at the request of the institution concerned;

    • b. if the institution fails to comply with the obligations under this Act; or

    • c. on the basis of the considerations set out in Article 2.8, third paragraph .

  • 2 When application of the first paragraph, point (c), the decision shall not take effect earlier than four years after the day of the day of the decision.

Chapter 3. Designation as a protected heritage

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 3.1. Designation of monument and archeological monument

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 3.1. Designation as a riding monument

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister, of its own motion, may decide to designate a monument or archaeological monument of general interest because of its beauty, meaning for science or cultural historical value as a bicycle monument.

  • 2 Our Minister questions the decision to the college of mayor and aldermen of the municipality where the monument or archaeological monument is located.

  • 3 Our Minister is also asking for the decision to advise to the Member States if the monument or archaeological monument is located outside a under the Road Traffic Act 1994 Established builtup.

  • 4 Our Minister decides on the designation of a church monument after consultation with the owner.


Article 3.2. UOV of application

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 The college of mayor and wethouders advises within eight weeks.

  • 3 Our Minister shall take the decision as soon as possible and at the latest within six months.

  • 4 The period referred to in the third paragraph shall start from the day on which the draft decision has been made available.

  • 5 Our Minister sends a copy of his decision to the college of mayor and aldermen of the municipality where the monument or archaeological monument is located.


Article 3.3. National Heritage Register

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister keeps a register of the national monuments.

  • 2 The register of bicycles may be consulted by any person.

  • 3 Our Minister writes in the register the monuments and archaeological monuments, in so far as no appeal against the decision to designate as a riding monument has been set or an appeal has been rejected.

  • 4 The register of bicycles contains information on registration and identification of the state of the public.

  • 5 Our Minister shall send a copy of the entry in the register to the college of mayor and aldermen of the municipality where the national monument is located or, if the capital monument is not located in the territory of a municipality, power to the competent authority for an environmental permit as specified in Article 2.1, first paragraph, point (f) of the General Provisions Act .


Article 3.4. Amendments to the register of cultural heritage

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister may, of its own motion, make changes to the register of public works.

  • 2 If the change sees on the deletion from the register of a row monument are the Articles 3.1 and 3.2 of corresponding application, unless the national monument has been destroyed as such.


Article 3.5. Change of cadastral designation

Compare Versions Save Relationships (...) (External Link) Permanent Link

The depositary of the register and the public registers shall communicate within 14 days a change in the cadastral designation of a national monument to Our Minister, who will take over that change in the register of public records.


Article 3.6. Leading public records

Compare Versions Save Relationships (...) (External Link) Permanent Link

In the case of non-conformity of the register of bicycles, a copy of that register in the public registers referred to in Article 1 (e) of the Law on public law restrictions on immovable property , determines the copy in the public registers or a monument or archaeological monument is designated as a riding monument.


§ 3.2. Designation of cultural asset and collection

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 3.7. Designation as a protected cultural object or a protected collection

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister may, of its own motion, decide a cultural heritage of special cultural historical or scientific significance or exceptional beauty which should be retained as irreplaceable and indispensible for the Dutch cultural heritage. to be referred to as protected cultural property.

  • 2 Our Minister may, of its own motion, decide on a collection of special cultural historical or scientific significance, which as a whole or through one or more of the cultural goods which are an essential part of the collection as irreplaceable and It should be retained for the Dutch cultural property, to designate as a protected collection.

  • 3 The decision to designate as a protected collection shall be accompanied by a general description of the protected collection and a list of the cultural objects belonging to the protected collection.

  • 4 A cultural asset is:

    • a. irreplaceable, if there is no or virtually no other or similar cultural good in good condition in the Netherlands;

    • b. Essential if it has a symbol function, switching function, or calibration function.

  • 5 For the designation as a protected collection, the fourth paragraph shall apply mutatis mutandis.


Article 3.8. Emergency designation as a protected collection

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In an emergency, our Minister may, by the decision on designation as a protected collection, derogate from the Article 3.7, third paragraph , sufficient for a general description of the collection.

  • 2 Our Minister shall, in a case referred to in paragraph 1 as soon as possible after the decision on designation, set out an enumeration of the cultural goods which belong to the collection.


Article 3.9. Permission owner is required for designation

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For the designation of a cultural object as a protected cultural object or a cultural inclusion in the enumeration of a protected collection, the owner's consent shall be required if it:

    • a. the more manufacturing of the cultural good or the heir of the manufacturer;

    • b. the person who has taken the cultural good in the Netherlands or who has acquired it within five years, after it has been brought in the Netherlands, or the heir to one of them.

  • 2 The first paragraph shall also apply to the heir who has obtained the cultural object other than by inheritance.

  • 3 The first paragraph shall apply only to the heir for thirty years or, in so far as it concerns records, fifty years after the date of the death of the deceased.

  • 4 If the owner referred to in point (b) of the first paragraph is a legal person, the first paragraph shall apply for a period of 30 years or, in so far as it concerns records, 50 years after such legal person has the cultural asset in the Netherlands has brought in, or has acquired, the ownership of the cultural property within five years, after it has been brought into the Netherlands.

  • 5 The return to the Netherlands of a cultural asset which has temporarily found itself outside the Netherlands does not apply in the case of the Netherlands, referred to in paragraph 1 (b).


Article 3.10. Non-prompt

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister is not concerned with designation as a protected cultural object or as a protected collection if a cultural object is intended to be Article 3.7, first paragraph , a collection or a part thereof:

    • a. is based on a person temporarily moving his place of residence to the Netherlands;

    • b. is loaned out for temporary exhibition in the Netherlands by a non-resident; or

    • c. does not belong to the judgment of Our Minister in the Netherlands, due to similar circumstances.

  • 2 Our Minister shall not take over a year after the circumstances referred to in paragraph 1 (a) to (c) have not taken place as a protected cultural asset or as a protected collection.


Article 3.11. Register protected cultural goods and collections

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister maintains a register of protected cultural goods and protected collections.

  • 2 The register may be consulted by any person, with the exception of the information relating to the owner or the place of residence of a protected cultural object or collection.

  • 3 In any case, the register shall contain:

    • a. Protected cultural property: description and justification of the designation;

    • b. Protected collection: general description, enumeration of the cultural goods which belong to the collection and justification of the designation of the collection.


Article 3.12. Change in prompt

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister may, of its own motion, amend or revoke a decision designating as a protected cultural asset or as a protected collection.

  • 2 Our Minister may, of its own motion, make improvements of its own motion in the description of a protected cultural object, the general description of a protected collection or the enumeration of protected cultural objects belonging to a protected cultural object. protected collection.


§ 3.3. Hint of ensemble

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 3.13. Designation as an ensemble

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister may, of its own motion, decide to designate a national monument together with cultural goods as an ensemble, if the whole of the monument and the cultural goods are combined with a special cultural historical or scientific knowledge. meaning.


Article 3.14. Information system and cultural heritage register

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister maintains an information system of designated ensembles, which is linked to the State Heritage Register.

  • 2 The information system may be consulted by any person.

  • 3 The information system for an ensemble includes a general description, a list of the national monument and, to the extent that the owner has accepted, the cultural goods belonging to the ensemble and the statement of reasons. of the clue of the ensemble.


Article 3.15. Change in prompt

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister may, of its own motion, amend or revoke a decision on the appointment of an ensemble.

  • 2 Our Minister may, of its own motion, make improvements of a factual nature in the description of the ensemble.


§ 3.4. Municipal and provincial heritage

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 3.16. Municipal heritage

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Municipal Council may adopt a succession regulation.

  • 2 The regulation looks at the management and conservation of cultural heritage situated within the municipality concerned, which is of particular importance to that municipality because of its cultural historical or scientific significance.

  • 3 The college of mayor and aldermen maintains a municipal heritage register of designated cultural heritage.


Article 3.17. Provincial heritage

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Provincial Member States may adopt a succession regulation.

  • 2 The regulation looks at the management and conservation of cultural heritage in whole or in part within the respective province, which is of particular importance for that province due to its cultural historical or scientific significance.

  • 3 The Member States have been deputised for a provincial heritage register of designated cultural heritage.


§ 3.5. Designation of international and European cultural heritage

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 3.18. Designation as a cultural heritage UNESCO Convention 1970 and Directive 2014/60 /EU

Compare Versions Save Relationships (...) (External Link) Permanent Link

As cultural goods as referred to in Article 6.1 (c) and Article 2 (1) of Directive 2014/60 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 Regulation (EU) No /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 1024/2012 (PbEU 2014, L 159) are designated for the Netherlands:

  • Protected cultural goods;

  • b. cultural goods as referred to in Article 4.22 .

Chapter 4. Protection of heritage

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 4.1. Protected cultural asset

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 4.1. Conceptual determination

Compare Versions Save Relationships (...) (External Link) Permanent Link

For the purposes of this paragraph the following definitions shall apply: act as referred to in Article 4.4, points (a) to (g) .


Article 4.2. Co-sharing-light owner

Compare Versions Save Relationships (...) (External Link) Permanent Link

The owner of a protected cultural object shall inform the person to whom he devotes the cultural object or to whom he provides in respect of cultural property rights in advance that the cultural object has been designated as a cultural-protected cultural property.


Article 4.3. Cooperation on monitoring

Compare Versions Save Relationships (...) (External Link) Permanent Link

The person who has a protected cultural object shall display it as requested by the inspector and shall promptly report the missing person missing or the culpation of the cultural object.


Article 4.4. Prohibition of act without notification

Compare Versions Save Relationships (...) (External Link) Permanent Link

Without prior written notification to the inspector, a protected cultural object shall be prohibited:

  • a. To be moved;

  • (b) to be auctioning;

  • c. To be alienated;

  • (d) objections;

  • e. to be rented out;

  • f. to be borrowed; or

  • g. To be shared by a non-resident in the case of a book separation.


Article 4.5. Prohibition of act without authorisation

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For six weeks after the dispatch of the notification, Article 4.4 , an act is prohibited without the consent of the inspector or of our minister, unless such notification only concerns the intention to relocate within the Netherlands.

  • 2 If an act extends to the outside of the Netherlands of a protected cultural asset, only Our Minister can give permission.


Article 4.6. Prohibition of act following reservations

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If Our Minister within the term, referred to in Article 4.5, first paragraph In the case of the person who made the notification in writing of objections to the act, that act was prohibited.

  • 2 The reservations may only be based on the consideration that there is a risk of the loss of the cultural heritage protected for the cultural heritage present in the Netherlands.


Article 4.7. Requirements for reservations

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Minister may, in the course of the call for reservations, state that the prohibition shall not apply to the extent to which the act is implemented, subject to the conditions laid down by the Minister.

  • 2 The provisions shall be designed only to prevent the loss of the cultural heritage of the cultural heritage present in the Netherlands.


Article 4.8. No reservations

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If our Minister has not raised any reservations, an act after one year after the transmission of the notification has been rebanned.

  • 2 Our Minister, if requested within eight days, confirms in writing that he has no reservations about an act, if the time limit set out in the Article 4.5, first paragraph , has passed without having raised any reservations.

  • 3 If the Secretary of State withdraws earlier reservations, an act shall be prohibited after one year after the revocation.


Article 4.9. Notice of notice in Government Gazette

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister gives in an appropriate manner and in any event by placing in the Official Gazette knowledge of the reservations he has raised in relation to a protected cultural asset against:

    • a. estrangement;

    • b. assigned to a non-resier; or

    • (c) relocation to the permanent residence of the owner situated outside the Netherlands.

  • 2 The notification shall state the cultural object protected, the act, referred to in paragraph 1, and the reservations.

  • 3 The notification does not contain any information on the parties concerned or on the whereabouts of the protected cultural property.


Article 4.10. Notification of potential buyers; offer to purchase by State

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For six weeks after the publication in the Official Gazette, possible purchasers of protected cultural property can register with our Minister.

  • 2 Our Minister shall notify a notification without delay to the owner of the protected cultural asset.

  • 3 After the expiry of the period referred to in paragraph 1, reservations as referred to in paragraph 1 shall apply: Article 4.9, first paragraph , as an offer from the State to purchase it protected cultural property on the in Articles 4.13 and 4.14 regular manner.

  • 4 The offer is valid for three months.

  • 5 On written request of the owner, the moment of the commencement of the offer may be postponed.

  • 6 Our Minister and the owner may, by mutual agreement, extend the period referred to in paragraph 4.


Article 4.11. Exception under rules

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Articles 4.9 and 4.10 do not apply if our Minister has issued a communication as intended for the purpose of carrying out reservations Article 4.7, first paragraph .


Article 4.12. Period of suspension

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Article 4.10, fourth paragraph The period referred to above shall be suspended as long as an offer from the State to purchase a protected cultural object:

  • a. at the Court of The Hague a procedure as referred to in Article 4.14, first paragraph , is pending; or

  • b. A contract of arbitration exists between the State and the owner.


Article 4.13. Minister is entering into negotiations

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister shall enter into force immediately after the beginning of the period referred to in Article 4.10, fourth paragraph , with the owner in negotiation of the purchase price and the other terms of sale.


Article 4.14. Court of The Hague lays down price

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If the negotiations, intended to Article 4.13 , do not lead to an agreement, the price shall be fixed at the request of one of the parties by the Court of The Hague, unless the owner is aware of the act or our Minister withdraws the objections raised against it.

  • 2 Before deciding on the decision, the court will advise experts.

  • 3 The Registrar shall send a copy of the expert's opinion to the applicant and to the other party, who may submit their observations on the opinion to the Registry within a time limit to be determined by the judge.

  • 4 Against decisions pursuant to this Article, proceedings shall be open only in cassation.


Article 4.15. Refrain from reservation or action

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Within one month after the purchase price is Article 4.14 irrevocably fixed, our Minister can inform the owner of the call for objections and can inform our Minister of the conduct of the notified act.

  • 2 If no implementation is given to the first paragraph, the agreed purchase price shall be deemed to have been agreed between the parties.


Article 4.16. Reimbursement of expenses by Minister

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister reimburses, on request, expenditure by an interested party to the extent that its usefulness has been nulled by concerns raised on the basis of Article 4.6 .

  • 2 The first paragraph shall not apply where the reservations have resulted in the purchase by the State of the protected cultural property in question, or any such purchase has been omitted due to the purchase by a third party.

  • 3 Our Minister does not reimburse any expenditure which, because of the possibility of reservations, should have been reasonably omitted.


§ 4.2. Cultural property of State, province, municipality or other legal person governed by public law

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 4.17. Publication of a notice of estrangement

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A proposed decision to dispose of a cultural asset or a collection shall be made public by Our Minister, Member States or the College of Mayor and Aldermen in a manner designated by Our Minister.

  • 2 The publication shall, in any event, contain a description of the cultural object or collection, a statement of reasons for the proposed disposition and a communication or opinion shall be sought as referred to in Article 2 of the Article 4.18 .

  • 3 To the extent that no opinion is sought as referred to in Article 4.18 , every six weeks from the day of publication of the intention to inform our Minister, each of the Member States of the College of Mayor and of aldermen may submit views on the question of whether the cultural object or collection is to be set up. of a special cultural historical or scientific significance and irreplaceable and indispensable to the Dutch cultural heritage.

  • 4 The period of time referred to in paragraph 3 shall not transfer the cultural object or collection to be estranted. After this period of time, the views of our Minister, the Member States and the College of Mayor and Aldermen are reviewed and, if necessary, they are asked to give advice as they are meant by the Commission. Article 4.18 .


Article 4.18. Advice on estrangement cultural property or collection

Compare Versions Save Relationships (...) (External Link) Permanent Link

A decision to dispose of a cultural object or set up shall be requested by our Minister, Member States, the College of Mayor and Mr Aldermen or the competent institution of another legal person, to give an opinion to a person who is responsible for the use of the cultural heritage of the Commission of independent experts, if:

  • a. It can reasonably be assumed that the cultural object or collection has a special cultural historical or scientific significance and is irreplaceable and indispensable for the Dutch cultural heritage; and

  • b. The disposition shall be considered to be taken from a party other than the State, a province, a municipality or any other legal person governed by public law.


Article 4.19. Opinion Scope

Compare Versions Save Relationships (...) (External Link) Permanent Link

The committee shall advise on whether the proposed disposal is a cultural object or a collection of a special cultural historical or scientific significance which is or is not substitutable and indispensable for the Dutch cultural heritage.


Article 4.20. Advisory Committee

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Committee shall be composed of at least three members, including the President.

  • 2 The expertise of the committee shall also take into account the specific characteristics of the cultural object or collection, which is requested to be consulted.

  • 3 The members shall not, by virtue of the membership of the committee, engage in any work for the legal person governed by public law. Otherwise, these members shall not have any interests or functions which may affect the independence of their input or the trust in that independence.


Article 4.21. Obligation to inform Minister

Compare Versions Save Relationships (...) (External Link) Permanent Link

If the opinion of the committee is in effect that it is a cultural object or a collection of a special cultural historical or scientific significance which or that is irreplaceable and indispensable for the Dutch cultural heritage, under the transmission of a copy of the opinion, notified to our Minister by the Member States, the College of Mayor and Aldermen or the competent institution of another legal person governed by public law for at least 13 weeks before it is transferred to a party other than the State, a County, municipality or other legal person governed by public law


§ 4.3. Cultural property in public or church collection

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 4.22. Ban from outside the Netherlands without permission

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 It shall be prohibited to use a cultural property which is part of a public collection listed in the inventory list of a museum, an archive or a fixed collection of a library, and of which the State or any other public body is an owner, outside the Netherlands, without the owner having given written consent.

  • 2 If the owner does not declare himself, his consent may be replaced, at the request of an interested party, by a permit from Our Minister.

  • 3 The prohibition provided for in paragraph 1 shall also apply to a cultural good which is part of:

    • a. an inventory list of cultural assets of cultural historical or scientific significance of which a denomination, a self-contained part thereof, or any other society on a religious basis is the owner of a denomination;

    • b. a public collection listed in the inventory list of a museum, an archive or a fixed collection of a library, and owned by a private law legal person to which extent is financed by a public legal person. grant granted by the State or other public body and designated by our Minister for the application of this prohibition;

    • c. the list of museal cultural objects of the State, intended for Article 2.6, second paragraph .

  • 4 The prohibition provided for in paragraph 1 shall also apply to:


§ 4.4. Cultural-good Regulation (EC) 116/2009

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 4.23. Ban on exports outside EU without authorisation

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 It shall be prohibited without the authorization of our Minister or of any other competent authority as referred to in Article 2, second paragraph, of Regulation (EC) No 148/EC 116/2009 of 18 December 2008 on the export of cultural goods (PbEU 2009, L 39), cultural goods belonging to a category, listed in Annex I to that Regulation, to be exported outside the areas covered by the Treaty on the European Union is applicable.

  • 2 Our Minister may provide that the prohibition referred to in paragraph 1 shall not apply to oldman objects of more than one hundred years of age, from excavations and finds on land and in the sea or from archaeological sites, if such articles are not covered by the provisions of the These cultural goods:

    • a. is of limited archaeological or scientific importance;

    • b. do not come directly from excavations, finds and archaeological sites in a Member State of the European Union; and

    • c. are legally placed on the market.

Chapter 5. Archaeological site

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 5.1. The conduct of excavations

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 5.1. Excavation ban

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 It is prohibited without a certificate to do so with regard to the detection, examination or acquisition of cultural heritage or parts thereof, causing degradation of the soil, or disturbance or whole or partial relocation or removal of an archaeological monument or cultural heritage under water.

  • 2 In the case of or under general management measure, cases where the first paragraph shall not apply may be regulated. For those cases, certain parts of this chapter may be excluded or be declared mutatis mutandis.


Article 5.2. Certifying institutions

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A certificate as intended Article 5.1, first paragraph , on request, is provided by an institution designated by Our Minister for this purpose.

  • 2 Our Minister designates an institution only if it has accreditation with which the Foundation has announced for Accreditation that there is a legitimate expectation that certification may be is competent to provide certificates and that requirements relating to independence, impartiality, continuity or other requirements with which the quality of the provision may be promoted are fulfilled.

  • 3 Accreditation shall be granted equivalent accreditation by a competent institution in another Member State of the European Union or in a State other than a Member State of the European Union which is a party to a Member State of the European Union, The Treaty provides that the Netherlands shall, on the basis of investigations or documents, which provide a level of protection at least equivalent to the level of protection afforded by the examination to the requirements of the second paragraph.

  • 4 The framework law of independent administrative bodies shall not apply to institutions designated under the first paragraph.


Article 5.3. Certificate issued

Compare Versions Save Relationships (...) (External Link) Permanent Link

A certifying body shall issue a certificate only if the applicant demonstrates sufficient excavations and the relevant acts referred to in the certificate, Article 5.4, first paragraph , to perform in a professional manner.


Article 5.4. Certificate conditions

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A certificate holder shall ensure that when carrying out an excavation, the operations performed and the archaeological finds found are documented, the findings are preserved, and a report drawn up showing the results of the acts are described.

  • 2 A certificate holder shall perform the excavation and other acts referred to in the first paragraph in a professional manner.

  • 3 A certifying institution shall take appropriate measures if a certificate holder does not conduct and suspend or withdraws a certificate in a professional manner, or the other acts referred to in the first paragraph, or withdraw it if necessary.


Article 5.5. Detailed rules for certification

Compare Versions Save Relationships (...) (External Link) Permanent Link

Further rules may be laid down in, or under, or pursuant to general management measures, on:

  • a. The carrying out of an excavation in a professional manner;

  • (b) the adoption of a Directive, such as an assessment directive or a protocol with requirements to promote the professionalism of carrying out an excavation to which an applicant must comply in order to qualify for a certificate;

  • (c) acting in accordance with a Directive as referred to in subparagraph (b);

  • d. The lodging of an application for a designation as referred to in Article 5.2 , the information to be given on an application, the grounds on which, and the conditions under which our Minister may grant, alter, refuse, suspend or revoke, the rules which may be laid down in order to be designated. linked and the period for which a designation may be granted or suspended;

  • e. the work carried out by a certifying institution under the provision of certificates, as intended Article 5.2 '

  • f. charges which may be charged by a certifying institution for the issue of a certificate;

  • g. to make a communication to Our Minister of a revocation or a suspension of a certificate or accreditation;

  • h. the exchange of information between certifying institutions among themselves and with our Minister in the framework of supervision and enforcement.


Article 5.6. Report excavation and transfer finds and reports

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A certificate holder reports the commencement of an excavation to Our Minister.

  • 2 Within two weeks of completion of the excavation, a certificate holder shall report to Our Minister the first findings.

  • 3 A certificate holder conserves the found archaeological finds and carries them, as well as the associated excavation documentation, within two years of completion of the excavation to the owner.

  • 4 Within two years of completion of a excavation, a certificate holder submits to Our Minister, to the owner and to the board of mayor and althouders of the municipality where the excavation took place the report, intended Article 5.4, first paragraph That's it.

  • 5 Our Minister may waive the rules referred to in the second to fourth paragraphs, to the extent that a certificate holder in a case is not reasonably able to comply with a prescription.


§ 5.2. Ownership of finds in the conduct of excavations

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 5.7. Property of archaeological finds

Compare Versions Save Relationships (...) (External Link) Permanent Link

An archaeological find found in an excavation and on which no person can prove his right to property is the property of:

  • (a) the province where the find was found;

  • (b) the municipality where the find is found, if that municipality has a designated depot as intended for Article 5.8, second paragraph ; or

  • (c) the State, where the find has been found outside the territory of any municipality.


§ 5.3. Depots for finds in the conduct of excavations

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 5.8. Maintain in-mode depots

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Deputed states maintain a depot in which archaeological finds found during excavations within that province can be stored in a manner which is justified from a conservation and accessibility point of view.

  • 2 At the request of the college of mayor and aldermen, deputed states may designate in the relevant municipality a depot in which archaeological finds found in that municipality in the event of excavations can be stored on an archaeological site in the method of conservation and accessibility.

  • 3 Our Minister may designate depots for the storage of archaeological finds found in an excavation outside any municipality and indicate, in any case, for the storage of archaeological finds related to shipping one or more depots, which, in their opinion, are particularly suitable for storage.

  • 4 In the case of, or under general management, a responsible storage of archaeological finds and associated excavation documentation and reports may be required for the purpose of conservation and accessibility.


Article 5.9. Storage of archaeological finds

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 Our Minister may provide that archaeological finds related to shipping and which have been found in the conduct of excavations, as well as the associated excavation documentation and reports are stored in a depot which is designated for the purpose of finding related to the shipping industry as intended Article 5.8, third paragraph .

  • 3 Our Minister may within six months after the notification, referred to in Article 5.6, second paragraph , determine that an archaeological find that is based on Article 5.7 is owned by a municipality or province, given its importance to the public, to be administered to a museale institution.

  • 4 The Archive Act 1995 does not apply to excavation documentation and reports established in connection with a excavation.


§ 5.4. Reporting obligation archaeological finds or observation

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 5.10. Archaeological finds

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The person who, unlike in the conduct of excavations, does a find which he knows or reasonably must suspect that it is an archaeological discovery, reports it to our Minister as soon as possible.

  • 2 The person entitled to an archaeological find as referred to in paragraph 1 shall be kept available for a period of six months from the date of the notification referred to in paragraph 1, or to be made available for scientific information. Research.


Article 5.11. Observation

Compare Versions Save Relationships (...) (External Link) Permanent Link

The person who, in the detection of archaeological monuments, without the carrying out of an excavation, does any observations which he or she may reasonably suspect of the importance of such observations to the archaeological site, Those observations to our minister as soon as possible.


§ 5.5. Central archeological information system and mode of notification

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 5.12. Information System

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 The Central Archaeological Information System may be consulted by any person.

  • 5 For the provision of information from the Central Archaeological Information System, charges may be charged, according to tariffs to be determined by Our Minister.


Article 5.13. Notification mode

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister may lay down rules on the manner in which a notification as referred to in Article 5.6 , 5.10 or 5.11 shall be.

Chapter 6. International Return

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 6.1. Return of cultural goods from the Party States UNESCO Convention 1970

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 6.1. Conceptual provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

For the purposes of this paragraph:

  • a. Unesco Convention 1970: The Convention on the means of prohibiting and preventing the illegal importation, export or transfer of property of cultural goods (Trb) was established in Paris on 14 November 1970. 1972, No 50 and Trb. 1983, No 66);

  • b. Treaty State: the State which ratified the UNESCO Convention 1970;

  • c. Cultural: the case which is designated by each state of the Treaty for religious or secular reasons as important for antiquity, prehistory, history, literature, art or science, and is therefore of fundamental importance to its cultural heritage. It is one of the categories listed in Article 1 of the UNESCO Convention 1970.


Article 6.2. Implementation obligations Unesco Convention 1970

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister is responsible for the implementation of Articles 2, 5, 6, 7, 9, 10, 13 (a), (b) and (d) and 14 of the Unesco Convention 1970, subject to the conditions laid down in Article 10 (a) of the Treaty. to antiques dealers of rules, the violation of which is punishable.

  • 2 Our Minister may lay down detailed rules in connection with implementation.


Article 6.3. Prohibition of the introduction of illegally exported or disused cultural goods

Compare Versions Save Relationships (...) (External Link) Permanent Link

It shall be prohibited to apply a cultural property within the Netherlands to the following:

  • (a) has been brought beyond the territory of a Contracting State in breach of the provisions adopted by that State of the Treaty in respect of the export of cultural goods in accordance with the objectives of the 1970 Unesco Convention. that State Parties or in respect of the transfer of the ownership of cultural goods; or

  • b. is evisable in a Treaty state.


Article 6.4. Take hold

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister may be a cultural object in respect of which there is a reasonable suspicion that the prohibition is intended to Article 6.3 , contravened, detention for the time which our Minister considers necessary in order to enable the State of the State from which the cultural object originates to be able to take up this cultural property. This time may not exceed 12 weeks.

  • 2 The period of inservice may be extended once for a maximum period of 12 weeks.


Article 6.5. Inservice shall be given in writing

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Minister shall, prior to taking into account the withdrawal or an extension thereof, shall make his decision in writing. The written decision is a decision.

  • 2 The disposal or extension decision shall be made known as soon as possible to:

    • (a) the holder of the cultural asset taken in detention, to the extent that it is known; and

    • (b) the person who, at the time of entry into service, held the cultural property under himself.

  • 3 If the situation is so urgent that our Minister cannot give notice in advance of the decision to take inservice, he will give notice as soon as possible and for the publication.


Article 6.6. End of entry into service

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The period of entry into service shall end by the execution of the cultural object on behalf of the State from which it comes, or the time for which the withdrawal is to be carried out, has expired.

  • 2 Where the entry into service ends without attachment to the cultural property, the certificate shall be issued to the person who held the cultural object at the commencement of collection or to the person who may reasonably have been entitled as a rightholder. shall be considered.


Article 6.7. Claim for restitution

Compare Versions Save Relationships (...) (External Link) Permanent Link

Of a cultural good that is contrary to the prohibition, intended to Article 6.3 , brought within the Netherlands, can take account of the Articles 1011a to 1011d of the Code of Civil Procedure Repayment shall be made by the State of origin of the cultural object or by the rightholder on that cultural property.


Article 6.8. Application restriction

Compare Versions Save Relationships (...) (External Link) Permanent Link

This paragraph does not apply when violation of the in Article 6.3, point a , the provisions referred to in Article 6.3, point (b), have taken place before 1 July 2009.


§ 6.2. Return of cultural goods from occupied territory

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 6.9. Conceptual provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

For the purposes of this paragraph:

  • a. Protocol: Protocol of 14 May 1954 annexed to the Hague Convention on the protection of cultural goods in the event of an armed conflict (Trb), adopted on that day. 1955, 47);

  • b. Occupied territory: on or after 14 January 1959 during an armed conflict occupied territory to which Article I of the Protocol applies;

  • c. Cultural: case as referred to in Article 1 (a) of the Convention on the Protection of Cultural Goods in the Event of Armed Conflict (Trb. 1955, 47).


Article 6.10. Prohibition of introduction or of the holding of cultural goods from occupied territory

Compare Versions Save Relationships (...) (External Link) Permanent Link

It is prohibited to bring in a cultural object which comes from an occupied territory of the Netherlands or to be held in the Netherlands.


Article 6.11. Take up cultural goods from occupied territory

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister takes a cultural object in respect of which it is reasonable to suspect that the prohibition is intended to Article 6.10 , being violated in custody:

    • a. From its own movement upon introduction into the Netherlands; or

    • b. at the request of the authorities of the relevant occupied territory or previously occupied territory.

  • 2 Our Minister may, in respect of which the reasonable suspicion, referred to in paragraph 1, also takes place in the Netherlands, where there is reasonable expectation that a request such as that of the Referred to in point (b) of the first paragraph.


Article 6.12. Inservice shall be given in writing

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 In addition to Article 6.5, second paragraph , the decision of an inservice shall also be made known as soon as possible to:

    • a. the authorities of the occupied area concerned;

    • (b) the owner of the cultural asset taken in detention, to the extent that it is known; and

    • c. Beneficiaries restricted in relation to the cultural asset, to the extent that they are known.


Article 6.13. Cost of taking into account cultural property from occupied territory

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The costs related to the application of inservice as referred to in Article 6.11 If there is a reason for doing so, our Minister may be charged, in whole or in part, of the person who is the prohibition of the prohibition of the Article 6.10 Transact.

  • 2 In any case, no charges shall be due if:

    • a. upon pronunciation that has gone into force of res judiced, the legal claim, referred to in Article 6.15 , is rejected or is granted an indemnity or a fair compensation as provided for in Article 6.15, third paragraph; or

    • b. Our Minister definitively departs from the restitution of the cultural asset.

  • 3 If a case referred to in the second paragraph arises, after our Minister has given a decision as referred to in paragraph 1, he shall withdraw this decision.

  • 4 The order shall state the amount to be charged. The costs may be included in the costs of preparing for entry into service.

  • 5 Our Minister may, in the event of a compulsory order, recover from the offender the costs due under the preceding paragraphs, plus the costs to which the infringement is to be paid.

  • 6 The coercive order shall be served on the charges of the offender upon bailier and deliver an enforceable title in the sense of the person. Second Book of the Code of Civil Procedure . Implementation shall not take place until such time as the case referred to in paragraph 2 (a) may arise.

  • 7 For six weeks after the day of service, resistance to the order of order shall be open by summons of Our Minister.

  • 8 The resistance shall suspend implementation. At the request of our Minister, the judge may waive the suspension of enforcement.


Article 6.14. End of entry into service

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The embarkation, for the purpose of Article 6.11 , ends:

    • a. in the case of restitution of the cultural goods to the authorities of the relevant occupied territory or previously occupied territory after the allocation of a legal claim as referred to in Article 6.15 ;

    • b. In the case of rejection of a return claim as referred to in Article 6.15 ;

    • (c) at the disposal of our Minister, if the authorities of the occupied territory concerned or previously occupied are to withdraw a request for the reintegration of cultural goods, or if, when taking into account the cultural objects of their own accord by Our Minister declare that they do not request the return of cultural goods; or

    • d. By order of our Minister for other reasons other than those referred to in points (a) to (c).

  • 2 Where the embarkation is to be carried out in accordance with Article 6.11 , end without reentry of the cultural object to the authorities referred to in paragraph 1 (a), the certificate shall be issued to the person who held the cultural good at the start of the embarkation, or to the person who may reasonably be qualified as a rightholder.


Article 6.15. Claim for restitution

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister proposes, after he has taken a cultural asset in custody as intended Article 6.11 , for the judge to go to the rules of the Law of Civil Procedure may, or in the absence of a possessor, be brought against the holder by a legal claim for the return of that cultural object.

  • The Judge who assigns an action as referred to in paragraph 1 shall be charged to the holder or the holder by the State:

    • a. compensation, where it is likely to have acquired or acquired the cultural asset; or, in so far as it relates to other cases:

    • (b) a fair remuneration, according to the circumstances, if it has exercised due care in the acquisition of the cultural object.

  • 4 If the possessor or holder of whom the return of a cultural object is claimed does not comply with the obligation which Article 87 of Book 3 of the Civil Code to him, the third paragraph, point (b), shall continue to apply in respect of him.

  • 5 Any action referred to in the first paragraph shall not be subject to a claim.

Chapter 7. Financial provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 7.1. Subsidy curves

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 7.1. General basis

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister may grant a grant in favour of the preservation of cultural heritage.


Article 7.2. Collection Management

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister provides grant to an institution entrusted with a task as intended in Article 2.8 for the management of the state or other cultural goods of the state or of other cultural goods.


Article 7.3. Conservation Monuments

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister may, on application, grant multiannual support for the normal maintenance of state-based monuments.

  • 2 Our Minister may grant, upon request, grant for the restoration of state monuments.

  • 3 Our Minister may grant aid on request in connection with the repurport of monuments.


§ 7.2. Rules for the grant of subsidy

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 7.4. Budgetary reservation

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 In the event of failure to fulfil that condition, the subsidy amounts granted shall be reduced to the amount of the subsidy available after the budget has been established or approved, in proportion to the amount of the aid granted. grant applicants to whom grant has been granted and of the amount of subsidy granted.


Article 7.5. Subsidy Fund

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister may lay down one or more grant ceilings for the provision of grants.

  • 2 If our Minister adopts a subsidy ceiling, it shall simultaneously state how the available amount is distributed.


Article 7.6. Non-ground subsidy conservation monument

Compare Versions Save Relationships (...) (External Link) Permanent Link

Without prejudice Article 4:35 of the General Administrative Law Law In any case, no subsidy shall be granted in respect of a national monument where a grant is requested on the basis of a grant. Article 7.8 shall be provided and the work for which the loan has been granted has not yet been completed.


Article 7.7. Detailed rules

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 3 By the detailed rules, our Minister may provide that the provision of information, including the lodging of applications, may be effected only by electronic means.


§ 7.3. Loans for the conservation of cultural monuments

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 7.8. Loan

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister ensures that a loan can be obtained in order to finance the cost of maintaining state-based monuments.

  • 2 The conditions under which a loan is granted shall be disclosed in the Official Gazette.

  • 3 Our Minister may fix an amount that is available to the highest level for the provision of loans for a given period of time.

  • 4 Provinces, municipalities, waterboards and public bodies set up with application of the Common Arrangements Law , do not qualify for a loan.

  • 5 In any case, a loan is not granted if it is requested for the same work for which it is based on the Article 7.3 grant has been granted and the execution of the work for which the loan is requested is carried out during the same period as the period for which the grant was granted.

Chapter 8. Enforcement and monitoring

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 8.1. General provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 8.1. Enforcement Task

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister is in charge of the administrative enforcement of the particular by or under this Act. This task includes:

  • a. The monitoring of compliance with the provisions of or under this Act, including the collection and registration of data relevant for this purpose; and

  • (b) the imposition of an administrative penalty for conduct which is contrary to the provisions of, or under this law, the provisions of this Act.


Article 8.2. Burden under administrative coercion

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister is empowered to impose a charge under administrative coercion to enforce the provisions of, or under this law.


§ 8.2. Designation of supervisors and investigation officers

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 8.3. Supervisors

Compare Versions Save Relationships (...) (External Link) Permanent Link

The inspectors appointed by our Minister and other officials appointed by decision of our Minister shall be responsible for monitoring compliance with the rules laid down by, or pursuant to, the law.


Article 8.4. Investigation officers

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 With the detection of the punishable offences of being by or under this Act, without prejudice to: Article 141 of the Code of Criminal Procedure , in charge:

    • a. Supervisors specified in Article 8.3 , in so far as they are appointed by decision of our Minister for Security and Justice;

    • b. officials of the tax administration responsible for customs administration.

  • 2 The officials referred to in paragraph 1 (a) and (b) are also responsible for the criminal offence of criminal offences in the cases of criminal law. Articles 179 to 182 and 184 of the Code of Criminal Law , to the extent that these facts relate to an order, claim or act, made or taken by themselves.


Article 8.5. Position in the Official Journal

Compare Versions Save Relationships (...) (External Link) Permanent Link

Of a decision as referred to in Article 8.3 or Article 8.4, first paragraph, point (a) , a notice shall be given by the State Official Gazette.


§ 8.3. Special powers and tasks supervisors

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 8.6. Special powers

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The officials referred to in the Articles 8.3 and 8.4 , the competent authorities shall:

    • a. With the use of the necessary equipment, to enter a dwelling without the permission of the occupant; or

    • (b) claim that the person occupant is protected of their protected cultural property, museal cultural property of the State or of cultural goods as intended for Article 4.22 , Article 4.23 or Chapter 6 , who are present in the house, shows.


Article 8.7. Special provisions for supervision of management collections

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister of State, a College of State or an institution which manages the State's cultural assets, shall, on request, provide the information which the supervisors referred to in the Court of Justice of the European Union. Article 8.3 , need for the exercise of supervision.

  • 2 Our Minister of State or a College of State or an institution shall grant to supervisors access to the national cultural objects of the State in administration and shall give them access to them on request of all records, documents and documents held for that purpose. other information carriers.

  • 3 The Board of Supervisors shall report their findings to Our Minister, a College of State or an institution, and shall, where appropriate, provide the necessary provisions for the management of the management.

  • 4 The supervisors shall periodically submit a summary of the findings referred to in the third paragraph to Our Minister.

  • 5 This Article shall apply mutatis mutandis to an institution based on the Article 2.8 shall be responsible for the management of other cultural goods.


Article 8.8. Discover protected cultural goods EU Member States

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The officials referred to in Article 8.4, first paragraph, points (a) and (b) Have been charged, at the request of a Member State of the European Union or of another State which is a party to the Agreement on the European Economic Area, of a matter described in the request by that State, which under the national law of that State, a cultural asset within the meaning of Article 2 (1) of Directive 2014/60 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 Regulation (EU) No /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 1024/2012 (PbEU 2014, L 159), provided that that case has been unlawfully removed from the territory of that State within the meaning of that Directive.

  • 2 A change of Directive 2014/60 For the purpose of applying this Article, it shall apply from the date of implementation of the amending Directive concerned, unless a ministerial order, which is published in the Official Gazette, becomes a different point of time. 3.

Chapter 9. Transitional duty

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 9.1. Environment law

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 9.2. Protected cases

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 Roating cases and collections which have been designated as protected objects by the protection of collections Law on the Conservation of Cultural Property shall be deemed to have been designated as protected cultural goods or collections of protected species under this law.


Article 9.3. Respect for compliance Monumentbill 1988

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 9.4. Respect for compliance Law on the Conservation of Cultural Property

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 9.5. Decisions to take into account

Compare Versions Save Relationships (...) (External Link) Permanent Link

Decisions concerning the taking-up of cultural objects under the Law on restitution of cultural goods coming from occupied territory or the Implementation of the UNESCO Convention 1970 on unlawful importation, export or transfer of ownership of cultural goods be deemed to have been taken on the basis of this Act.


Article 9.6. Excavation permit

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 On an excavation that has been caught before this law enters into force Chapter V of the Monuments Act 1988 such as that Act was applicable before the entry into force of this Act.

  • 2 Until one year after the entry into force of this Act, an excavation without a certificate may be carried out, provided that the person carrying out the excavation for the relevant acts has an authorisation as referred to in Article 3 (2). Article 45 of the Monuments Act 1988 like the law before the entry into force of this law. The at or under the Monumentbill 1988 shall continue to apply for authorisation in that case; and Article 5.6 shall apply mutatis mutandis.

  • 3 Article 5.2, second paragraph , until two years after the entry into force of this Act, it shall not apply. If an institution has been designated pursuant to Article 5.2 and has no accreditation after those two years, our Minister shall suspend or revoke the designation.

Chapter 10. Revoke and Modify Other Laws

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 10.1. Repeal and Embrace Legal Arrangements

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 10.1. Repeal

Compare Versions Save Relationships (...) (External Link) Permanent Link

The following laws shall be repealed:


Article 10.2. New basis

Compare Versions Save Relationships (...) (External Link) Permanent Link

Following the entry into force of this Law, the following arrangements shall be based on: Article 7.7, first paragraph , of this law:


§ 10.2. Amendment of other laws

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 10.3. General customs law

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modises the General Customs Act.]

Article 10.4. General administrative law

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the General Administrative Law Act.]

Article 10.5. Burgercorpse Code Book 3

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modid the Civil Code Book 3.]

Article 10.6. Comptability Act 2001

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modities the 2001 Comptability Act.]

Article 10.7. Crisis and Recovery Act

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Crisis and Recovery Act.]

Article 10.8. De-Constitutionlaw

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modifices the Dismissal Law.]

Article 10.9. Environmental law general provisions law

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the general provisions of the law.]

Article 10.10. Income Tax Act 2001

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modises the Income Tax Act 2001.]

Article 10.11. Law kenability law governed by public law on immovable property

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modifies the law on public property restrictions on immovable property.]

Article 10.12. Environmental Environment Act

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Environmental Management Act.]

Article 10.13. Law on economic crimes

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Law on Economic Crimes.]

Article 10.14. Law on the specific cultural policy

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modises the Law on the Specific Culture Policy.]

Article 10.15. Law establishing the public limited liability Company De Nederlandse Munt N.V.

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Amendments to the Law setting up the public limited liability company The Dutch Mint N. V.]

Article 10.16. Code of Civil Procedure

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modids the Code of Civil Procedure.]

Article 10.17. Property Valuation Act

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modises the Property Valuation Act.]

Article 10.18. Monumentbill 1988

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Monuments Act 1988.]

Chapter 11. Final provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 11.1. Citation Title

Compare Versions Save Relationships (...) (External Link) Permanent Link

This law is cited as: Heritage Act.


Article 11.2. Entry of

Compare Versions Save Relationships (...) (External Link) Permanent Link

This Law shall enter into force on a date to be determined by Royal Decree which may be adopted in a different way for the various articles or parts thereof.

Burdens and orders that it will be placed in the Official Gazette and that all ministries, authorities, colleges and public servants who so far as to do so will keep their hands on the precise execution.

Entry

Wassenaar, 9 December 2015

William-Alexander

The Minister of Education, Culture and Science,

M. Bussemaker

Issued the 18th of December 2015

The Minister for Security and Justice,

G.A. van der Steur