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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Law No. 123 of 30 may 2017 for the modification and completion of the law #. 182/2000 for protection of the national cultural heritage PARLIAMENT ISSUING mobile Published in MONITORUL OFICIAL nr. 415 of 6 June 2017 Parliament adopts this law.


Article I the law. 182/2000 for protection of the national cultural heritage mobile, republished in the Official Gazette of Romania, part I, no. 259 from April 9, 2014 shall be amended and completed as follows: 1.
In article 15, paragraphs (2) to (5) is amended and shall read as follows: (2) the national cultural heritage Inventory Mobile ranked, drafted on the basis of the orders concerning the mobile cultural objects classed, centralizing and managing electronic records, documents that formed the basis of preparation thereof shall be carried out by the National Heritage Institute.

(3) the information relating to the national cultural heritage, with the exception of mobile ranked list containing the mobile cultural goods, their description and the image, don't have public destination without the consent of property owners.

(4) data on national cultural heritage can be provided Mobile ranked, upon request of the National Heritage Institute in specialized institutions, researchers and other experts and qualified specialists, to carry out specific activities and research. Harnessing data thus acquired can be made only with the consent of the holder. Communication to the public of the identification data of the owner can be done only with the prior consent of the latter.

(5) the information contained in the inventory referred to in paragraph 1. (1) may be given police, criminal investigation bodies, courts of law, for their legal duties, as well as the competent authorities of the requesting Member State wishing to verify that the property in question constitutes a cultural object, provided that the examination is carried out within six months from the date of notification of the Member States relating to the discovery of cultural goods into their territory and the existence of reasonable grounds for believing that these goods have unlawfully removed from the territory of another Member State.

  

2. Article 59 is amended and shall read as follows: Article 59 of this chapter regulating the restitution by the Romanian State of cultural goods unlawfully removed from the territory of a Member State of the European Union, with effect from 1 January 1993.

  

3. Article 60 (1) (a)) and (b)) is amended and shall read as follows: a) the national cultural heritage of Romania, being classified or defined as such before or after leaving the national territory illegally;
  

b) national heritage of a Member State of the European Union, in accordance with the legislation of that State, being classified or defined as such before or after leaving the illegal one Member State's territory of the European Union;
  

  

4. In article 60, paragraph 1 (e)) is hereby repealed.
  

5. Article 61 is amended and shall read as follows: Article 61 (1) for the purposes of this chapter, leaving illegal in one Member State's territory of the European Union shall, where appropriate: a) a cultural object exit from the territory of a Member State of the European Union, in violation of the laws of this State relating to protection of cultural property, or in breach of Regulation (EC) No 1782/2003. 116/2009 of the Council of 18 December 2008 concerning the export of cultural goods;
  

b) at the end of a nerevenirea (B2) temporary legal outside national territory or any breach of any of the conditions of this temporary (B2) a cultural object.
  

(2) for the purposes of this chapter, by the requesting Member State shall mean the Member State of which the cultural object has been unlawfully removed from its territory.

(3) for the purposes of this chapter, the requested Member State shall mean the Member State in whose territory a cultural object unlawfully removed from the territory of another Member State.

(4) for the purposes of this chapter, the refund is meant the return of the cultural object to the territory of the requesting Member State.

(5) for the purposes of this chapter, by owner means the person holding the cultural object on his behalf.

(6) for the purposes of this chapter, by keeper means the person holding the cultural object on behalf of someone else.

  

6. In article 64, paragraphs (1) and (2) is amended and shall read as follows: Article 64 (1) the Member State of the European Union, owner of cultural object found, has the right to verify that the property in question is a cultural object, within 6 months from the date of notification of the communication referred to in art. 62 para. (1) and, where appropriate, in article 19. 63 para. 2. (2) conservation measures under article 4. 62 para. (2) and in article 8. 63 para. (2) ceases if the Member State of the European Union concerned did not enter the refund within a period of 3 years from the date on which he became aware about the place in which the cultural object and the identity of its possessor or initiate, under the terms of this chapter.

  

7. In article 64, after paragraph 5, to introduce two new paragraphs (6) and (7) with the following contents: (6) cooperation and consultation with the central authorities of Member States shall be made by using the module for the cultural goods of the information System of the internal market, hereinafter I.M.I., imposed by Council Regulation (EU) No. 1024/2012 of the European Parliament and of the Council of 25 October 2012 concerning administrative cooperation through the information System of the internal market and repealing Decision 2008/49/EC (3).

(7) the exchange of information through I.M.I. shall be in accordance with the applicable legal provisions on the protection of personal data and privacy.

  

8. In article 65, paragraph 4 shall be amended and shall read as follows: (4) the Government, through the Ministry of culture and national identity, will present the European Commission every five years a report on the actions taken with respect to the refund introduced cultural goods unlawfully removed from the territory of a Member State of the European Union.

  

9. In article 66, paragraph (1) shall be amended and shall read as follows: Article 66 (1)

The refund referred to in article. 65 paragraph 1. (1) shall lapse within a period of 3 years from the date on which the Member State of the European Union the complainant learnt about the place in which the cultural object and the identity of its possessor or initiate, but not later than 30 years after the date on which the cultural object has been unlawfully removed from the territory of the applicant State, Member of the European Union.

  

10. In article 67, after paragraph 3, insert a new paragraph, paragraph (3 ^ 1), with the following contents: (3 ^ 1) to determine if the licence holder has filed the required due diligence, regard shall be had to all the circumstances of the acquisition, especially documentation concerning the provenance of the object, the output required authorizations under the law of the requesting Member State, the nature of the parties, the price paid, eventual consultation by owner registers accessible concerning cultural goods stolen and any relevant information It could reasonably get them or any other approach that a reasonable person would have taken under the same circumstances.

  

11. In article 67, after paragraph 4, insert a new subparagraph (4 ^ 1), with the following contents: (4 ^ 1) in the case of a donation or succession, the holder may not benefit from a favourable status against the person from whom he acquired the object by that means.

  

12. In article 67, after paragraph 5, insert a new paragraph (5 ^ 1), with the following contents: (5 ^ 1) Ministry of culture and national identity takes steps to refund the complainant State of the cultural object which has been unlawfully removed from its territory, in view of the complainant payment of damages awarded by the Court to the holder or the holder in good faith as well as specialized institution that undertook expenditure on the preservation of the cultural object.

  

13. In article 70, paragraph (3) is amended and shall read as follows: (3) cultural goods covered by this chapter shall be laid down in art. 60.14.
In article 70, after paragraph 5, insert a new paragraph, paragraph (6) with the following contents: (6) before you enter the action, Ministry of culture and national identity may decide on participation in an arbitration procedure, in accordance with the domestic law of the requested Member State.

  

15. In article 71, paragraph 1 shall be repealed.
  

16. Article 73 shall be amended and shall read as follows: Article 73 (1) the Ministry of culture and national identity will notify, including by means of I.M.I. competent authorities of the Member States of the European Union concerning the recovery of cultural property that have been unlawfully removed from the territory of Romania.

(2) the Ministry of culture and national identity will use I.M.I., where appropriate, to disseminate relevant information concerning cultural objects that have been stolen or unlawfully removed from the territory of Romania.

  

17. the annex shall be repealed.
  


Article II the Romanian Government, through the Ministry of culture and national identity, will present the European Commission first report on actions regarding refund introduced cultural goods unlawfully removed from the territory of a Member State of the European Union, 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 draw on the advice of the National Commission of museums and collections, the detailed rules on the movement of mobile cultural property regime, which are approved by decision of the Government.


Article IV of the law. 182/2000 for protection of the national cultural heritage mobile, republished, with amendments and additions made by this Act, shall, dânduse texts a new numbering.

This law transposes Directive 2014/60/EU of the European Parliament and of the Council of 15 may 2014 regarding the return of cultural objects unlawfully removed from the territory of a Member State and amending the Regulation (EU) No. 1024/2012 (Reformation), as published in the official journal of the European Union L series, no. 159 of 28 may 2014.
This law was adopted in the Romanian Parliament, in compliance with the provisions of art. 75 and of art. 76 para. (2) of the Constitution of Romania, republished.

p. CHAMBER of DEPUTIES PRESIDENT, Peter-GABRIEL VLASE CONSTANTIN-SENATE PRESIDENT ANTON CĂLIN POPESCU-TĂRICEANU Bucharest, May 30, 2017.
No. 123.
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