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Law No. 123 Of 30 May 2017Pentru Amending And Completing Law No. 182/2000 For Protection Of The National Cultural Heritage Mobile

Original Language Title: LEGE nr. 123 din 30 mai 2017pentru modificarea şi completarea Legii nr. 182/2000 privind protejarea patrimoniului cultural naţional mobil

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LEGE no. 123 123 of 30 May 2017 to amend and supplement Law no. 182/2000 on the protection of national cultural heritage
ISSUER ROMANIAN PARLIAMENT
Published in OFFICIAL MONITOR no. 415 415 of 6 June 2017



The Romanian Parliament adopts this law + Article I Law no. 182/2000 on the protection of the national mobile cultural heritage, republished in the Official Gazette of Romania, Part I, no. 259 of 9 April 2014, shall be amended and supplemented as follows: 1. La Article 15 (2) - ((5) changes and will have the following contents: ((2) The inventory of the national mobile cultural heritage ranked, drawn up on the basis of the orders on the closed mobile cultural goods, the centralization, the computerized record and the administration of the documents that were based on its preparation are carried out by National Heritage Institute. ((3) Data on the national mobile cultural heritage ranked, except for the list of mobile cultural assets, their description and image, have no public destination, without the consent of the owners of the goods ((4) Data on the national mobile cultural heritage ranked can be provided, upon request, by the National Institute of Heritage of specialized institutions, researchers and other accredited experts and specialists, in order to carry out activities specific identification and research. The valorisation of the data thus acquired can only be done with the holder The public communication of the owner's identification data can only be done with its prior consent. ((5) The information contained in the inventory provided in par. (1) may be provided to police bodies, prosecution bodies, courts, for the exercise of their legal duties, as well as to the competent authorities of the requesting Member State who wish to verify that the good in question constitutes a cultural asset, provided that such verification is carried out within 6 months from the date of notification by the Member States of the discovery of cultural goods in their territory and of the existence of good reasons to assume that those goods have left the territory of another Member State illegally. 2. Article 59 is amended and will read as follows: + Article 59 This Chapter regulates the return by the Romanian State of cultural assets which have illegally left the territory of a Member State of the European Union since 1 January 1993. 3. La Article 60 (1), points a) and b) changes and will have the following contents: a) the national cultural heritage of Romania, being classified or defined as such before or after illegal leaving of the national territory; b) the national heritage of a Member State of the European Union, in accordance with the law of that State, being classified or defined as such before or after leaving the territory of a Member State of the European Union; 4. La Article 60 (1), point e) is repealed. 5. Article 61 is amended and will read as follows: + Article 61 ((1) For the purposes of this Chapter, the illegal departure of the territory of a Member State of the European Union shall, where appropriate a) the exit of a cultural asset from the territory of a Member State of the European Union, in violation of the legislation of that State in matters of the protection of cultural property Regulation (EC) No 116/2009 Council of 18 December 2008 on the export of cultural goods; b) unclaimed at the end of a temporary legal removal outside the national territory or any violation of one of the conditions of this temporary removal of a cultural asset. ((2) For the purposes of this Chapter, the requesting Member State shall mean the Member State whose cultural property has left its territory illegally. ((3) For the purposes of this Chapter, the requested Member State shall mean the Member State in whose territory a cultural asset which has illegally left the territory of another Member State is found. ((4) For the purposes of this Chapter, the refund shall mean the material return of the cultural property to the territory of the requesting Member State. ((5) Within the meaning of this chapter, the holder shall mean the person who holds the cultural property on his behalf. ((6) Within the meaning of this chapter, the holder shall mean the person who holds the cultural property on behalf of someone else. 6. La Article 64, paragraphs 1 and (2) are amended and shall read as follows: + Article 64 ((1) The Member State of the European Union, owner of the cultural good discovered, has the right to verify that the respective good is a cultural asset, within 6 months from the date of communication of the notification provided for in art. 62 62 para. ((1) and, as the case may be, art. 63 63 para. ((2). ((2) Conservation measures provided for in art. 62 62 para. ((2) and in art. 63 63 para. ((2) cease if the Member State of the European Union concerned does not bring the action into refund within 3 years from the date on which it became aware of the place of the cultural property and of the identity of the holder or of the detente, in conditions of this Chapter 7. La Article 64, after paragraph 5 two new paragraphs (6) and (7) are inserted, with the following contents: ((6) Cooperation and consultation with the central authorities of the Member States will also be done by using the cultural goods module of the Internal Market Information System, hereinafter referred to as the I.M.I., established by Regulation (EU) No 1.024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing the Decision 2008 /49/EC of the Commission ((7) The exchange of information through the I.M.I. is made in accordance with the applicable legal provisions on the protection of personal data and privacy. 8. La Article 65, paragraph 4 is amended and will read as follows: ((4) The Romanian Government, through the Ministry of Culture and National Identity, will present to the European Commission, every 5 years, a report on the actions introduced regarding the return of cultural assets that have illegally left the territory of a Member State of European Union. 9. La Article 66, paragraph 1 is amended and will read as follows: + Article 66 ((1) The refund action provided for in art. 65 65 para. (1) shall be prescribed within 3 years from the date on which the Member State of the European Union has become aware of the place where the cultural property is located and of the identity of the holder or of the detente, but not later than 30 years after the date of the to which the cultural asset has illegally left the territory of the complainant, a member of the European Union 10. La Article 67, after paragraph 3 a new paragraph (3 ^ 1) is inserted, with the following contents: ((3 ^ 1) In order to determine whether the holder has exercised due diligence, account shall be taken of all the circumstances of the acquisition, in particular of the documentation of the origin of the property, of the exit authorisations required under the legislation of the requesting Member State, of the nature of the parties, of the price paid, of the possible consultation by the holder of the accessible registers of the stolen cultural goods and of any pertinent information which he or she could reasonably have obtained or of any other endeavour on which a reasonable person would have undertaken under the same circumstances. 11. La Article 67, after paragraph 4 a new paragraph (4 ^ 1) is inserted, with the following contents: ((4 ^ 1) In case of donation or succession, the holder cannot benefit from a favorable status to the person from whom he purchased the property with this title. 12. La Article 67, after paragraph 5 a new paragraph (5 ^ 1) is inserted, with the following contents: ((5 ^ 1) The Ministry of Culture and National Identity shall take measures for the return to the applicant state of the cultural property that left its territory illegally, in order to carry out by the applicant state the payment of compensation granted by the court of the judgment of the owner or the holder of good faith, as well as the specialized institution which carried out the expenditure on the preservation of the cultural good 13. La Article 70, paragraph 3 is amended and will read as follows: ((3) The cultural goods covered by this Chapter are provided for in art. 60. 14. La Article 70, after paragraph 5 a new paragraph (6) is inserted, with the following contents: ((6) Before entering the refund, the Ministry of Culture and the National Identity may decide to participate in an arbitration procedure in accordance with the domestic law of the requested Member State. 15. La Article 71, paragraph 1 is repealed. 16. Article 73 is amended and will read as follows: + Article 73 ((1) The Ministry of Culture and National Identity will notify, including through I.M.I., the competent authorities of the Member States of the European Union regarding the recovery of cultural assets that have illegally left the territory of Romania. ((2) The Ministry of Culture and National Identity will use the I.M.I., as the case may be, to disseminate relevant information on cultural goods that were stolen or illegally left the territory of Romania. 17. Annex is repealed. + Article II The Romanian Government, through the Ministry of Culture and National Identity, will present to the European Commission the first report on the actions introduced regarding the return of cultural assets that left illegally the territory of a Member State of the Union European, within 30 days of the entry into force of this Law. + Article III Within 90 days from the date of entry into force of this Law, the Ministry of Culture and National Identity will elaborate, with the opinion of the National Commission of Museums and Collections, the methodological norms on the regime of the movement of cultural goods mobile, which is approved by Government decision. + Article IV Law no. 182/2000 on the protection of the national mobile cultural heritage, republished, with the amendments and completions brought by this law, will be republished, danced to the texts a new numbering. This law transposes Directive 2014 /60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects illegally leaving the territory of a Member State and amending Regulation (EU) No 1.024/2012 ((recast), published in the Official Journal of the European Union L series, no. 159 159 of 28 May 2014. This law was adopted by the Romanian Parliament, in compliance with the provisions art. 75 and ale art. 76 76 para. (2) of the Romanian Constitution, republished .
p. CHAMBER OF DEPUTIES PRESIDENT,
PETER-GABRIEL VLASE
SENATE PRESIDENT
CALIN CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, May 30, 2017. No. 123. ----