Key Benefits:
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:
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:
a. as such has been designated on the basis of Article 3.7, first paragraph ;
b. occurs in a enumeration as intended in Article 3.7, third paragraph ; or
c. in the case of the designation of a protected collection on the basis of Article 3.8, first paragraph , as long as no enumeration for that collection has been established, is reasonably covered by the general description of that protected collection;
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.
The provisions of Chapter 5 shall apply in the enclosing zone specified in: Article 1 of the rijkswet Establishment terminating area .
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.
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.
Our Minister of State, a college of state or an institution promotes the accessibility of the state's museal cultural assets in administration.
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.
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.
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.
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.
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.
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.
1 The decision referred to in Article 2.8, first paragraph , indicate which cultural goods or collections the decision is to be taken.
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 .
4 In so far as the decision relates to other cultural goods or collections, Section 2.1 on that cultural property and collections of equivalent application, except for Article 2.6, fourth paragraph .
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 .
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.
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.
1 On the preparation of the decision on designation as a riding monument is Section 3.4 of the General Administrative Law applicable.
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.
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 .
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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 .
For the purposes of this paragraph the following definitions shall apply: act as referred to in Article 4.4, points (a) to (g) .
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 .
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.
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.
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.
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.
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.
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 .
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.
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.
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.
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
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:
a. State-based monuments and their parts;
b. Unlawful excavated archaeological finds; and
c. Archives and spare parts thereof as intended Article 1 (c) (1) to (3) of the Archive Act 1995 -Those older than 50 years.
5 Article 4.3 shall apply mutatis mutandis.
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.
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.
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.
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.
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.
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.
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.
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.
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.
1 Archaeological finds on the basis of Article 5.7 the property of a municipality, province or State, and its associated excavation documentation and reports, as referred to in Article 5.6, third and fourth paragraphs , are stored in depots as intended Article 5.8 .
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.
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.
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.
1 Our Minister maintains a Central Archaeological Information System which includes in any case:
a. the register of the State Heritage Register in so far as archaeological monuments are concerned;
b. the decisions on applications for authorisation as referred to in Article 11, second paragraph, of the Monuments Act 1988 like that law before the entry into force of this law;
c. the report referred to in Article 5.6, fourth paragraph ; and
d. the notifications referred to in the Articles 5.6, 1st and 2nd Member , 5.10, 1st Member , and 5.11 .
2 The Central Archaeological Information System may be consulted by any person.
3 The copyright to the reports, referred to in Article 5.6, fourth paragraph , and the work included in it is reserved.
4 The copyright and the right of data rights of the Member State Article 2, First paragraph, of the Databanon Act , on the Central Archaeological Information System are reserved.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
1 Article 6.5 shall apply mutatis mutandis to an embarkation period as referred to in Article 6.11 .
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.
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.
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.
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.
2 The Articles 86 , 88, first paragraph , and 99, 1st member, of Book 3 of the Civil Code Nor can agreements under which cultural goods come from occupied territory be alienated or encumbered by our Minister, who, on the basis of the first paragraph, is claiming a cultural asset.
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.
Our Minister may grant a grant in favour of the preservation of cultural heritage.
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.
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.
1 A grant to be charged to a budget not yet established shall be granted subject to the condition set out in Article 4:34, 1st paragraph, of General Law governing law .
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.
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.
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.
1 Our Minister proposes further rules for the provision of grants as intended Articles 7.2 and 7.3, first and third members .
2 Our Minister may lay down detailed rules for the provision of subsidies as provided for in the Articles 7.1 and 7.3, second paragraph .
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.
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.
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.
Our Minister is empowered to impose a charge under administrative coercion to enforce the provisions of, or under this law.
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.
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.
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.
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.
2 For the purpose of monitoring compliance with the provisions of Chapter 6 Supervisors shall be competent to:
a. To seal spaces and objects, to the extent that they can be used in the exercise of Article 5:17 of the General Administrative Law the powers provided for is reasonably necessary; or
b. if necessary with the help of the strong arm the power specified in Article 5:17 of the General Administrative Law to exercise.
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.
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.
1 Until the date of the draft law on the protection and use of the physical environment (amending law) (Kamerpieces 33 962), submitted by royal message of 16 June 2014, is elevated to law and in effect entered:
a. continue to be the Chapter II, paragraphs 2 and 3 , IV , V, paragraphs 1 and 9 , and VI of the Monuments Act 1988 , as those established before the entry into force of this Act, shall apply;
b. is Article 5 of the Monuments Act 1988 As it was before the entry into force of this Act, shall apply mutatis mutandis to a monument or archaeological monument as from the date on which the draft decision designates as a national monument as intended for the purposes of Article 3:13, 1st paragraph, of General Law governing law .
2 When applying the first paragraph, the following provisions, such as those set for the entry into force of this Act, shall apply:
1 Monuments registered as referred to in the Articles 6, 1st paragraph , and 7, third member, of the Monuments Act 1988 , as those luded before the entry into force of this law, are deemed to be inscribed on the basis of Article 3.3, third paragraph -From this law.
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.
1 The Monumentbill 1988 , as that law stated before the entry into force of this Act, shall continue to apply to:
a. the designation of a monument and the amendment to the register, if an advisory application as intended in Article 3, second paragraph, of the Monuments Act 1988 , as was the case before the entry into force of this Act, has been made before the date of entry into force of this Act;
b. a request as referred to in Article 8, first paragraph, of the Monuments Act 1988 As it was before the entry into force of this law, which has not yet been decided upon.
2 Subsidies granted on the basis of Article 34 of the Monuments Act 1988 continue to apply the rules applicable to those subsidies on the day before the entry into force of this Act.
1 The Law on the Conservation of Cultural Property , as that law stated before the entry into force of this Act, shall continue to apply to:
a. The designation of a protected object or collection, intended in Article 2 , 3 or 3a of the Law on the Conservation of Cultural Property , as they have before the entry into force of this Act, if the procedure has been initiated before the date of entry into force of this Act;
b. the amendment of a designation, intended to Article 3d, 2nd paragraph, of the Law on the Conservation of Cultural Property , as was the case for the entry into force of this Act, if the procedure has been initiated before the date of entry into force of this Act;
c. a request as referred to in Article 3d, First paragraph, of the Law on the Conservation of Cultural Property , as was the case before the entry into force of this law, which has not yet been decided upon;
d. a intention as intended to Article 7, first paragraph, of the Law on the Conservation of Cultural Property , as was the case for the entry into force of this Act, if it has been notified before the date of entry into force of this Act;
e. an application as referred to in Article 14 of the Law on the Conservation of Cultural Property , as was the case before the entry into force of this Act, which has been submitted before the date of entry into force of this Act and a dispute over a decision on such an application.
2 A licence issued on the basis of Article 14a or Article 14b of the Law on the Conservation of Cultural Property shall be deemed to be authorised as specified in Article 4.22 Other Article 4.23 of this law.
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.
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.
The following laws shall be repealed:
a. Monumentbill 1988 ;
ed. Law of 7 March 2002 amending the Law on the Conservation of Cultural Property in relation to an evaluation of that Act (Stb. 2002, 145);
e. Law on the return of cultural goods from occupied territory ; and
Following the entry into force of this Law, the following arrangements shall be based on: Article 7.7, first paragraph , of this law:
This law is cited as: Heritage Act.
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 2015The Minister for Security and Justice,
G.A. van der Steur
