Law No. 182 Of 25 October 2000 On The Protection Of The National Cultural Heritage Mobile

Original Language Title:  LEGE nr. 182 din 25 octombrie 2000 privind protejarea patrimoniului cultural naţional mobil

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Law No. 182 of 25 October 2000 (republished) concerning the protection of the national cultural heritage mobile) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 259 of 9 April 2014 _ _ _ Note *) Republished pursuant to art. 248 of the law nr. 187/2012 for implementing Law No. 286/2009 relating to the penal code, published in the Official Gazette of Romania, part I, no. 757 dated 12 November 2012, corrected in the Official Gazette of Romania, part I, no. 117 of 1 March 2013, with subsequent amendments, posing a new texts.

Law No. 182/2000 has been republished in the Official Gazette of Romania, part I, no. 828 on 9 December 2008 and subsequently amended and supplemented by:-Law No. 329/2009 concerning the reorganization of certain public authorities and institutions, streamlining public spending, supporting business environment and compliance with framework agreements with the European Commission and the International Monetary Fund, published in the Official Gazette of Romania, part I, no. 761 of November 9, 2009, as amended and supplemented;
-Law No. 97/2010 for completing art. 99 of Act No. 182/2000 concerning the protection of the national cultural heritage cell, published in the Official Gazette of Romania, part I, no. 351 of 27 May 2010;
-Government Emergency Ordinance nr. 12/2011 for the reorganization of institutions placed under the Ministry of culture and national heritage, as well as to reduce costs, approved by law No. 179/2011, published in the Official Gazette of Romania, part I, no. 730 of 17 October 2011.


Chapter I General provisions Article 1 (1) this Act establishes the legal regime of assets belonging to the national cultural heritage cell as part of the national cultural heritage, and to regulate specific activities to protect them.
  

(2) the national cultural heritage shall comprise all assets identified as such, regardless of their ownership, which is a testimony and an expression of values, beliefs, knowledge and traditions that are in constant evolution; includes all items that would result from the interaction over time, between human factors and natural ones.
  


Article 2 (1) the State guarantees the property law and ensure the protection of the goods belonging to the national cultural heritage.
  

(2) the exercise of the right of ownership and other real rights and the right to good administration a national cultural heritage shall be subject to the rules of this cell.
  

(3) the State shall, by law, material and financial resources necessary for the protection of national cultural heritage.
  

(4) for the purposes of this law, by protecting national cultural heritage means the cell system having scientific, legal, administrative, technical, tax and financial, to ensure the identification, research, conservation, inventory, rank, security, maintenance, preparation, and restoration of the cultural heritage of the national mobile in order to ensure democratic access to culture and to the transmission of this heritage to future generations.
  

(5) the protection of the national cultural heritage is achieved through mobile local public administration bodies, specialized institutions, such as museums, public collections, memorial houses archives and libraries, of religious and ecclesiastical institutions, as well as non-governmental organisations working in the field.
  


Article 3 (1) of the national cultural Heritage is made up of goods with historical, archaeological, ethnographic, documentary, artistic, scientific and technical, literary, cinematic, numismatics, philatelic, cartographic, bibliophile, Heraldry and epigrafică, representing the testimonies of the evolution of the natural environment and man's relations with it, the potential for human and creator of contribution, as well as to national minorities to universal civilization.
  

(2) the assets which make up the national cultural patrimony are: 1. historical and archaeological goods and documentation, as well as archaeological finds: (a) land and) underwater, tools, pottery, inscriptions, coins, seals, jewellery, clothes and spare parts harness, arms, funeral, except for insignias of samples of construction materials, material from sites that constitute archaeological evidence for analysis;
  

b) elements derived from the dismantling of historical monuments;
  

c) testimonies and documentary materials relating to the history of the political, economic, military, social, religious, scientific, artistic, sporting and other fields;
  

d) manuscripts, incunabula, rare books and old books, books with bibliophile;
  

e) documents and prints of interest: documents, maps and other cartographic materials;
  

f) objects with value memoirs;
  

g) objects and documents with Numismatic, philatelic, Heraldry: coins, medals, badges, ponduri, seals, patents, trademarks, flags and banners;
  

Epigraphic pieces);
  

I) photographs, photographic clichés, film, audio and video recordings;
  

j) musical instruments;
  

k) military uniforms and accessories thereof;
  

l) technical value items;
  

2. goods of artistic significance, such as the works of fine arts): painting, sculpture, printmaking, drawing, engraving, photography and others;
  

b) works of art glass and decorative and applied, ceramics, metal, wood, textiles, ornaments and other materials;
  

c) religious objects: icons, embroideries, goldsmiths, and others;
  

d) design projects and prototypes;
  

e) materials of artistic films, documentaries and animation;
  

f) for public monuments, artistic components exposed in open air;
  

3. goods with ethnographic significance such as: a) tools, household items and household goods;
  

b) pieces of furniture;
  

c) ceramics;
  

d) textiles, leather goods, parts;
  

e) other items of metal, wood, bone, stone, glass;
  

f) objects of worship;
  

g) ornaments;
  

h) units of ethnographic objects;
  

I) monuments in outdoor ethnographic museums;
  

4. goods of scientific importance, such as the rare specimens and collections) zoology, Botany, mineralogy and Anatomy;
  

b) game trophies;
  

5. goods, such as: technical importance of unique technical creations);
  

b) rarities, regardless of the brand;
  

c) appliances, devices and prototypes of machines from the current creation;
  

d) technical creations Memorial value;
  

e) achievements of folk art;
  

f) moulds of compact discs, CD-ROM, DVD and the like.
  


Article 4 the goods belonging to the national cultural heritage belong to mobile, depending on the importance or significance of their historical, archaeological, ethnographic, documentary, artistic, scientific and technical, literary, cinematic, numismatics, philatelic, cartographic, bibliophile, Heraldry and epigrafică, age, uniqueness or rarity, of: (a) the national cultural heritage treasure) mobile, the treasure trove of cultural objects of exceptional value for humanity;
  

(b) the national cultural heritage) cell Fund, hereinafter referred to as the Fund, made up of cultural goods of special value for Romania.
  


Article 5 (1) cultural objects may be public or private property of the State or administrative territorial units or private property of individuals and legal persons governed by private law.
  

(2) in respect of goods referred to in paragraph 1. (1) may be established, according to ownership, in accordance with the law, a law or other rights in rem, as appropriate.
  


Article 6 (1) the Ministry of culture and the National Commission of museums and collections coordinates the activities of the national cultural heritage.
  

(2) exception to the provisions of paragraph 1. (1) the national archival deposit of Romania Fund located in the administration of the national archives, as well as in that of the county divisions of the national archives, established in accordance with the provisions of the national archives Law No. 16/1996, as amended and supplemented.
  

(3) the Ministry of culture represents the Romanian State in domestic and international relations which have as their object the national cultural heritage.
  


Article 7 (1) the competent authorities are required to make all the arrangements, according to the legal provisions in force and the international conventions to which Romania is a party, for the recovery of cultural property that had been illegally exported, were stolen from museums or collections are held without legal basis.
  

(2) the competent authorities shall undertake to participate in any international operation organized jointly under an agreement of cooperation in interdicting and preventing illicit import, export and transfer of ownership of cultural property.
  


Article 8 public authorities, owners, holders of other rights in rem, and persons having the right of administration of property forming part of the national cultural heritage cell have an obligation to protect them against any acts comisive or omisive that can result in the degradation, destruction, loss, purloining or illegal exports.


Chapter II research, inventory and ranking of Article 9


The research, carried out by scientific researchers in specialized public institutions, holding of goods belonging to the national cultural heritage, aims at mobile research, development and scientific valorization of the cultural heritage of the national mobile, mainly owned by the institution.


Article 10 for the purposes of this law, by ranking means the procedure for determining the cultural assets that belong to the categories of national cultural heritage, treasure and mobile.


Article 11 procedure for classifying Unleashing cultural assets: mobile 1. on its own initiative in the following situations: a) for mobile cultural objects owned by the State or administrative territorial units and administered by public institutions, 1900, national corporations, companies, or other companies in which the State or a local government authority is a shareholder;
  

b) for mobile cultural objects owned by the religious worship;
  

c) for mobile cultural goods which are subject to public tender or sales through an authorised agent;
  

d) for mobile cultural objects deemed to constitute export either temporarily or permanently;
  

e) for mobile cultural objects unearthed by chance times in ethnological research, archaeological, geological or paleontological;
  

f) for mobile cultural goods seized;
  

g) cultural goods that were the subject of illegal export attempts;
  

h) for mobile cultural objects unlawfully removed from the territory of Romania;
  

I) for goods contained in the custody of the public institutions, which is to be returned;
  

j) for mobile cultural objects to be restored;
  

k) for mobile cultural goods subject to the commencement of a criminal investigation;
  

2. at the request of individuals and other legal persons governed by private law, proprietary of the asset in question.


Article 12 (1) the ranking will be done on the basis of an expert report drawn up by experts or specialists accredited by the National Commission of museums and collections.
  

(2) a good Ranking should be completed no later than three months from the time of the commencement of the procedure for classifying.
  

(3) the competent scientific Body to decide on proposals for the national ranking is museums and collections.
  

(4) a judgment quashing will be signed by the Chairman of the National Commission of museums and collections and will be approved by order of the Minister of culture, within the time limit laid down in paragraph 1. (2) and (5) The decision shall be attached to the file extract conclusions of the expert report to ensure the identification of the cultural object concerned, the standard card mobile object and photograph black and white or color, as appropriate.
  

(6) in the case of cultural assets that were not proposed at the finish, the conclusions of the expert report containing the particulars of the goods shall be notified to the owner or holder of other rights in rem within 30 days from the date of completion of expertise.
  

(7) Challenging cultural property expertise that have not been proposed to file is done at the National Commission of museums and collections within 10 days after receiving notice of the expert or specialist. The resolution of the appeal shall be made within 20 days.
  


Article 13 (1) public institutions holding of cultural property movable cultural heritage national mobile inventory to these goods, both analytically through the standard card, according to rules issued by the Ministry of culture, as well as a synopsis, via data bank, containing archive and Imaging.
  

(2) the public authorities under which goods licensed institutions belonging to the national cultural heritage mobile homes are required to provide the necessary financial resources, with a view to the computerized inventory of goods.
  

(3) the cultural items contained in collections managed by specialized institutions, churches and ecclesiastical institutions are inventoried under the provisions of this law.
  


Article 14 (1) the Ministry of culture shall notify, in writing, the owner, holder of other rights in rem or, where appropriate, the holder of the right of administration order, within 10 days after the approval.
  

(2) the Ministry of culture shall, for every good ranked, a certificate of ranking and a standard of the object.
  

(3) certificate of standard card and ranking of the article accompanying the property posted and do not constitute in themselves a title of ownership.
  


Article 15 (1) Rank the inclusion of cultural property movable cultural heritage in national mobile Inventory in one of two categories, Treasury bills or Fund.
  

(2) the national cultural heritage Inventory mobile, 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 list covering cultural goods and their image, does not have a public destination without the consent of property owners.
  

(4) data on the national cultural heritage, can be provided mobile 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) can be supplied to police bodies, law enforcement agencies and prosecution in the courts, but to resolve the causes in direct connection with such cultural goods and only mobile ranked in compliance with legal provisions.
  


Article 16 (1) the owners, holders of other rights in rem or right of administration and holders with any title you mobile cultural property for which triggered the ranking procedure are required to permit examination of the goods in question by experts or qualified specialists.
  

(2) cultural goods can be taken for mobile laboratory tests only in special cases and for specified periods, as set out in the rules for classifying mobile cultural property, only with the agreement of the owners or holders of other rights in rem, as appropriate; retrieving them is based on a delivery-receipt signed with individuals or legal entities, where appropriate, as referred to in paragraph 1. (1) in the manner prescribed by the rules issued by the Ministry of culture.
  


Article 17 during the procedure ex officio rank of a cultural good mobile, it is under protection, according to the provisions of this Act, in respect of goods classified in the thesaurus.


Article 18 (1) the right of the owner to claim a ranking cultural asset is imprescriptibil.
  

(2) where a cultural object was not ranked mobile, the procedure can be resumed on request after at least 3 years; in situations where new elements have emerged, this time limit may be reduced by the National Commission of museums and collections.
  


Article 19 (1) the downgrading of cultural property movable occurs at the request of the owners of the property or on its own initiative, in the following cases: a) the invalidation of expertise;
  

b) destruction;
  

c) serious deterioration which cannot be remedied by the restore operation.
  

(2) the downgrading follows procedure laid down in ranking.
  

(3) order of downgrading is factored into the track of the national cultural heritage Inventory mobile, popular discontent culminated in the termination of the property concerned from the inventory referred to in article 1. 15 para. (1) and (4) the order shall be communicated in writing to the downgrading of the owner, holder of other rights in rem, and the holder of the right, where appropriate.
  


Article 20 a mobile cultural object of a category of national cultural heritage cell to another can be done only under the same procedures provided for the ranking.


Article 21 (1) order of rank, be downgraded or crossing from one category to another national cultural patrimony of a cultural object may be challenged by the owner or by the owner of the Administration at the Ministry of culture, within 30 days of the communication.
  

(2) the Ministry of culture is obliged to settle the appeal within 30 days of its registration.
  

(3) where the owner or right holder is dissatisfied with the response to the appeal addressed to the Ministry of culture, he may apply, in accordance with the law on administrative courts no. 554/2004, as amended and supplemented, the competent courts.
  


Article 22 (1) mobile cultural objects owned or privately owned heritage national companies, corporations or other companies with the capital times, the majority state that is privatising, will be subject to the procedure for classifying before triggering the process of privatization.
  


(2) the authority for the management of State assets or, as the case may be, the central public authority local times privatising a legal person from those referred to in paragraph 1. (1) obligation to announce, with 30 days before unleashing the privatisation procedure in writing, decentralized public service of the Ministry of culture, in whose territorial RADIUS has its company headquarters.
  

(3) within 10 days after the date on which the communication referred to in paragraph 1. (2) the public service of the Ministry of Culture quite disconcerting will verify the legal person undergoing privatization mobile cultural goods likely to be ranked and, where appropriate, will initiate the procedure for classifying.
  

(4) mobile cultural objects classed as a result of the situation referred to in this article shall be given in the administration of a specialized public institutions, as designated by the National Commission of museums and collections.
  


Chapter III the preservation, storage and security of mobile cultural property Article 23 (1) the owners, holders of other rights in rem or right of administration, as well as holders with any title you mobile cultural property classified have the following obligations: a) to ensure the best conditions of storage, conservation and, where appropriate, storage of goods, thus preventing any decay, deterioration, or destruction;
  

b) damage and destroy property, and in the case of metal nor do they melt;
  

c) to secure these goods;
  

d) to notify within 5 days the decentralized public services of the Ministry of culture in the event of the detection of a threat of serious destruction or degradation of these goods;
  

e) not to use and do not allow the use of such property to the Organization of shows, fashion parades, theatrical or cinematic as props, as well as any other purposes that would jeopardize the integrity of them or they would expose the theft loss, deterioration of the times;
  

f) to allow access to specialists within the decentralized public services of the Ministry of culture for the purpose of ensuring the State of conservation of this property; in the case of holders of individuals and legal persons governed by private law the decentralized public services access to the specialists of the Ministry of culture will be possible only with the written consent of the owner regarding conditions of access.
  

(2) owners or holders of the right of management of cultural property movable as such have ranked the following obligations: a) to ensure the restoration of goods;
  

b) entrust the execution of restoration and restorers of exclusive national Commission accredited museums and collections.
  

(3) non-specialized public institutions, and cults, as well as economic operators who hold any basis mobile cultural objects classed, are required to fund the purchase and installation of fire alarm systems, and microclimate for protection of cultural assets.
  

(4) exception from paragraph 1. (1) (a). e) owners, individuals and legal entities governed by private law, which, in terms of respecting the rules of the conservation and restoration of cultural property movable cultural property classified, classified by use of mobile, arranging performances, fashion parades and as props for theater and film.
  


Article 24 legal and natural persons who hold any basis mobile cultural objects classed enjoys free consultancy specialized institutions, with the aim of preserving, conserving and the value of this property.


Article 25 (1) of the public Institutions are obliged to allow access to accredited experts and specialists, and researchers at the mobile cultural objects held in administration, for conducting studies and works, in mutually agreed conditions.
  

(2) in the case of mobile cultural property in private property, for conducting studies and specialized works is necessary to be arranged.
  


Article 26 (1) Copies, mulajele, posthumous reprints and facsimilele executed on mobile cultural objects classified must be clearly marked so as not to be confused with the original; they will wear the words copy, facsimile, posthumously, the author's name and the year in which they were completed, and specify the collection as it is original.
  

(2) the particulars referred to in paragraph 1. (1) are mandatory, regardless of the year in which the copies were made, mulajele, and facsimilele and posthumous reprints whenever they are brought to their attention.
  


Article 27 (1) Copies, mulajele, posthumous reprints and facsimilele on the mobile cultural objects classed, owned, can be executed only with the written consent of the owner, in accordance with the rules approved by the National Commission of museums and collections.
  

(2) Copies, mulajele, posthumous reprints and facsimilele on the mobile cultural objects classed, owned by natural or legal persons governed by private law may be executed only with the written consent of the owner, in accordance with the rules approved by the National Commission of museums and collections.
  

(3) the reproduction of cultural property by means of mobile ranked photo, video, or numeric is done with the written consent of the right holder or of the owner of the object reproduced as necessary.
  

(4) persons who carry children, posthumous casts, prints and facsimiles from the mobile cultural objects classed are obliged to use appropriate techniques and to take the necessary measures in order not to be affected, immediately or over time, the integrity and quality of the originals.
  


Chapter IV the conservation and restoration of movable cultural goods classified in article 28 (1) Works of conservation and restoration of movable cultural property are effected by ranked among conservatives and accredited conservators, by means of a contract according to the provisions of the common law.
  

(2) accreditation of conservators and restorers who perform works of conservation and restoration of movable cultural property is ranked National Commission of museums and collections, according to the rules of accreditation of conservators and restorers.
  

(3) on the basis of accreditation, the Ministry of culture shall issue to conservatives and sophistication of practising certificates, according to the rules of accreditation of conservators and restorers.
  

(4) laboratories and workshops carrying out works of conservation and restoration of cultural property movable ranked operates on the basis of an authorization issued by the Ministry of culture, with the opinion of the National Commission of museums and collections, according to rules governing the approval of laboratories and workshops for preservation and restoration.
  

(5) in the case of committing professional errors detected by the National Commission of museums and collections, it will suspend for a period of 2 years the accreditation provided for in paragraph. (2) or the opinion paragraph. 4. The Ministry of culture will take the necessary measures to comply with decisions of the National Commission of museums and collections, and may request that its circumvention, at the request of the persons concerned.
  

(6) legal persons governed by private law, proprietary or workshops authorised laboratories, are required to prominently display the permit issued according to paragraph 1. (4) and (7) the operation of the laboratories for preservation and restoration of existing specialized public institutions, and the establishment of new such laboratories are approved by the Ministry of Culture, with the opinion of the National Commission of museums and collections.
  

(8) for preservation and restoration Laboratories, operating in public institutions, museums can perform such work for other public museums for natural or legal persons governed by public law private, respecting the times of the conditions provided for in this law; in these cases applicants will bear the costs of these works, the terms and conditions.
  


Article 29 the restoration of cultural property movable ranked in Treasury bills is done only with the prior opinion of the National Commission of museums and collections, and only in laboratories or workshops, the opinion.


Article 30 (1) mobile cultural objects listed in the thesaurus, regardless of their form of ownership, that are in imminent danger of destruction or degradation, will undergo restoration and preservation operations by order of the Minister of culture, on the basis of an expert report, approved by the National Commission of museums and collections.
  

(2) restoration and preservation operations so disposed will be carried out at the expense of the owner.
  

(3) the amounts used by the owners for restoration and preservation in accordance with paragraph 1. (1) and those referred to in article 1. 23 para. (2) (a). the deductible in calculating) the tax on income or profits, as appropriate.
  

(4) where the owner of the asset in mobile cultural treasure is a natural person, from whose affidavit shows that it has no financial possibilities to cover the costs of restoration and preservation, these operations will be funded, in part or full, from the State budget or local budgets, as appropriate, in accordance with the provisions of this law. In case of sale of those goods, the costs of mobile cultural restoration and preservation operations will be returned to the owner-seller financing institution.
  


Article 31


(1) the provisions of this law shall apply to properly value goods made from precious metals cultural times containing precious stones or semiprecious stone, which lies in the ownership, administration or are held on any basis of Banca Naţională a României, Mint State or other banks.
  

(2) legal persons listed in paragraph 1. (1) shall be obliged to examine the goods i.e. experts appointed by the Ministry of culture, which will propose, if necessary, triggering the procedure for classifying.
  


Article 32 shall be prohibited or modification, in any form, of the cultural goods that are ranked mobile held any basis of Banca Naţională a României, Mint State or other banks.


Chapter V the circulation of cultural property movable cultural goods Article 33 mobile ranked the public property of the State or administrative territorial units, are inalienable, imprescriptible and imperceptible.


Article 34 (1) For the Organization of exhibitions or cultural projects public institutions can borrow, if necessary, public institutions or legal persons governed by private law in the country, under the common law, mobile cultural objects classified by which they hold, with the opinion of the National Commission of museums and collections, and with the approval of the Ministry of culture.
  

(2) natural and legal persons governed by private law may borrow public institutions or legal persons governed by private law, under the common law and of the present law, mobile cultural objects classed.
  

(3) the cultural items ranked mobile belonging to religious denominations, can be borrowed for specialized public institutions, under the common law and of the present law, with the consent of the heads of the cult.
  

(4) the organiser of the exhibition or the originator/author of the cultural project, their civil, respond to disciplinary, administrative or criminal law, where applicable, of the integrity of the goods exhibited, taking all necessary measures to remove any risk in terms of security, conservation, insurance and trading value in question.
  


Article 35 (1) the sale of cultural property movable in private property or intermediation of sale shall be carried out only by authorised economic operators, in compliance with the provisions of this law.
  

(2) the authorization referred to in paragraph 1, the interested economic operators. (1) shall be made by the Ministry of Culture, with the opinion of the National Commission of museums and collections, in compliance with the rules governing trade in cultural goods.
  

(3) economic operators authorised to sell cultural goods are obliged to display the visible rules relating to trade in cultural goods.
  

(4) economic operators authorised to market mobile cultural property are required to hold a record stating, correctly and completely, the name and address of the tenderer, the description and price of each good. The information contained in the register shall be confidential.
  

(5) economic operators authorised to market mobile cultural property have an obligation to notify in writing, within 5 days from the date of the offer, the decentralized public services of the Ministry of culture about the existence of goods likely to be ranked.
  

(6) economic operators authorised to market mobile cultural property are obliged within 5 days to notify in writing the owner of the object with respect to the possibility of triggering the ranking procedure.
  

(7) economic operators authorised to sell cultural goods are obliged, within three days from the date of registration in the register of its own assets ranked in the thesaurus, to notify in writing the Ministry's decentralized public service Culture, in whose territorial RADIUS are established, put them up for sale, as well as, where appropriate, to transmit a copy of the catalogue edited for the purpose of management of public tenders regardless of whether the goods being auctioned are or are not included in the national cultural heritage.
  


Article 36 (1) mobile cultural goods, owned by natural or legal persons governed by private law listed in the thesaurus, can make public sales only in the conditions of exercise of the right of pre-emption by the Romanian State, through the Ministry of culture, and in compliance with the provisions of art. 35 para. 7. (2) decentralized public services of the Ministry of culture shall be obliged to submit to the Ministry of culture, within 3 days from receipt of the communication by the authorised economic operator, recording the sale of a cultural treasure in mobile.
  

(3) the time limit for the exercise of the right of pre-emption of a State is a maximum of 30 days from the date on which the communication referred to in paragraph 1. (2), and the value of the purchase is negotiated with the seller or authorized economic operator times that resulting from public auction.
  

(4) the Ministry of culture will provide the necessary amounts in its own budget allocated for the exercise of the right of pre-emption.
  

(5) failure to comply with the provisions of paragraphs 1 and 2. (1) the absolute nullity of the sale attracts.
  


Article 37 (1) the removal across the border of the cultural property export operation constitute mobile, which can be either temporarily or permanently.
  

(2) temporary export of cultural property or the final graded or ungraded mobile shall be made only on the basis of export licences.
  

(3) export certificates will be issued by the decentralized public services of the Ministry of culture, under the present law.
  

(4) temporary export of cultural goods listed in the thesaurus mobile, regardless of the owner or the owner of the Administration, will be endorsed by the National Commission of museums and collections and will be approved by the Minister of culture.
  

(5) the removal from the country, in any form whatever, the mobile cultural property which has obtained export licences temporarily or definitively issued according to law, constitutes illegal export operation.
  


Article 38 (1) mobile cultural objects classed, owned by the State or administrative territorial units, exported only temporarily and only to organise exhibitions abroad, for laboratory analyses, restoration or expertise.
  

(2) cultural goods listed in the thesaurus, mobile owned by natural or legal persons governed by private law may be exported only temporarily.
  


Article 39 (1) mobile cultural objects classed, owned by natural or legal persons governed by private law may be exported, only within an exchange of cultural goods with comparable significance and value, which may be unique or rarities for patrimony from Romania.
  

(2) the exchange of paragraph. (1) is approved by order of the Minister of culture, with the opinion of the National Commission of museums and collections.
  

(3) the cultural object obtained through the Exchange referred to in paragraph 1. (1) follow the legal regime of the asset given instead.
  


Article 40 (1) by way of derogation from the provisions of art. 38 para. (1) cultural goods Fund ranked in the mobile in the private domain of the State, counties, municipalities, cities or municipalities, may be exported, only within an exchange of cultural goods are of the same importance and cultural significance and only in exceptional cases altogether in the prevailing historical interest, cultural scientific times.
  

(2) the exchange of paragraph. (1) is approved by the Government, and the local County Council or, where appropriate, the opinion of the National Commission of museums and collections.
  

(3) the cultural object obtained through the Exchange referred to in paragraph 1. (1) follow the legal regime of the asset given instead.
  


Article 41 (1) in the case of an application for temporary or permanent export of a cultural object neclasat mobile deadlines laid down in article 21. 12(3). (2) and in article 8. 14. (1), shall be reduced by the aggregate, 30 days.
  

(2) the National Commission of museums and collections is required to adjudicate in respect of mobile cultural asset ranking within 30 days from the date of the commencement of the procedure for classifying.
  


Article 42 Donations involving the mobile cultural property made specialized public institutions times religious law, are exempt from any charges.


Article 43 (1) natural or legal persons governed by private law, proprietary of classified cultural property movable, have an obligation to notify in writing the decentralized public services of the Ministry of culture within 15 days from the date of the transfer of such good in another person's property, as well as from the date of the imposition of a right in rem in respect of such assets.
  

(2) In case of loss or theft of cultural property owners, mobile ranked the holders of other rights in rem, right holders, and holders of any basis of these goods are required to notify, in writing, within 24 hours of the finding, the police of the territory.
  

(3) in the cases referred to in paragraph 1. (2) in the case of total or partial destruction of cultural property movable ranked owners, holders of other rights in rem, right holders, and holders of any basis of these goods have an obligation to notify in writing the public service Ministry of Culture decentralized within 3 days of the finding.
  

(4) upon registration of the communication referred to in paragraph (3) decentralized public services of the Ministry of culture shall announce immediately, in writing, from the police territory.
  


Article 44


(1) the successors are exempt from taxes forced inheritance for mobile cultural objects classed belonging to the estate.
  

(2) in the case of the other survivors, they may give up on behalf of the inheritance taxes, such goods, which will go into public ownership and will be given, by law, specialized in the management of public institutions, with the opinion of the National Commission of museums and collections.
  

(3) Donations or bequests concerning cultural goods classified in mobile favor of the State, administrative-territorial units or religious, are exempt from any charges.
  


Article 45 (1) mobile cultural objects classed, owned, what are decommissioned, can be harnessed by legal persons governed by public law granting only by Ministry of culture free of charge, to be distributed to public institutions.
  

(2) the Dismantling, dismantling or, where appropriate, the fragmentation of the goods covered by paragraph 1. (1) in order to release them from the service, is prohibited.
  


Chapter VI legal regime of assets or movable archaeological incidentally discovered through archaeological research Article 46 (1) Assets archaeological, Epigraphic, Numismatic, paleontological or geolitice, discovered in the context of systematic archaeological research with end times in geological or archaeological research of save times having preventive in nature, as well as those discovered by chance by works of any kind, carried out in the places that are the subject of public property in accordance with article 136 para. (3) of the Constitution of Romania, republished, entering into public property, according to legal provisions.
  

(2) From the time of the goods referred to in paragraph 1. (1) are subject to ranking procedure, under the present law, and enters the Administration institution that funds or coordinate research; where the National Commission of museums and collections in the institution finds that there are appropriate conditions for preservation and security, it will propose the decentralized public service of the Ministry of culture, in whose radius of activity were discovered archaeological goods concerned other specialized public institutions of the same RADIUS, which meet the requirements. Decentralized public service of the Ministry of Culture shall decide to whom the institution will forward the goods concerned in the management of the archaeological.
  


Article 47 (1) systematic Archaeological Researches, as well as the preventive or rescue, made by a legal person, shall be authorised, coordinated and supervised by the National Commission of archaeology and of the Ministry of culture, according to the legislation in the field of the protection of the archaeological heritage.
  

(2) natural persons or legal entities have no right to be unauthorized to perform in archaeological research and detections or any kind of other interventions that may damage or may affect these sites.
  


Article 48 (1) conducted archaeological research on privately owned lands belonging to natural persons, legal persons governed by private law or religious worship shall be made only with the consent of the owner and, where appropriate, of the Chief of the cult.
  

(2) where the land owner does not give its consent for the archaeological research, they can be authorised by the competent court, at the request of the public authority or public institution, as appropriate, under the control of the originator of the archaeological researches.
  

(3) the landowner is entitled to require the negotiation of a maximum period for carrying out the work and receive compensation, prior to the commencement of the work, from public authorities or public institutions in whose subordination the originator of the Archaeological Researches, for damage to soil, plantations or buildings, as well as for any other damage as a result of the carried out research.
  

(4) the compensation shall be determined in agreement with the owner or, in case of divergence, by the competent courts.
  

(5) the compensation shall be borne by the amounts provided for in the budgets of public institutions, as appropriate, in whose subordination the originator of archaeological researches.
  

(6) issue of certificate concerning the issue of pregnancy of a archaeological fieldwork, as well as the financing of necessary preventive archeological research, regardless of tenure, land is mandatory before any works that may affect the site and shall be subject to the provisions of the legislation regarding the protection of the archaeological heritage.
  

(8) financing of archaeological research for the issuing of the certificate referred to in paragraph 1. (6) with respect to lands where there are archaeological goods, identified by the previous investigations, it is provided by the beneficiary.
  


Article 49 (1) individuals who have accidentally discovered the goods in category set forth in art. 46 para. (1) are obliged to hand over, within 72 hours after the discovery, the Mayor's administrative and territorial unit in whose RADIUS was made the discovery.
  

(2) the mayor shall be obliged to notify the Ministry's decentralized public service Culture within 72 hours, in respect of goods which have been found, while taking measures to guard and to conserve them.
  

(3) the mayor shall be obliged to surrender the goods thus discovered shall, within 10 days, the Ministry's decentralized public service Culture.
  

(4) the authors of random discoveries, which surrendered, under the conditions laid down in paragraph 1. (1) goods discovered shall be entitled to a monetary reward of 30% of the value of the asset, calculated at the time of granting the reward, and, in the case of archaeological finds of exceptional value, and may be granted an additional bonus of up to 15% of the value of the property.
  

(5) the value of the property so found shall be determined by qualified experts of decentralized public service Ministry of culture or, where appropriate, by other qualified experts.
  

(6) the rewards and housing benefits, established pursuant to paragraph 1. (4) and (5) shall be borne by the budget of the Chief authorising officer or from local budgets, according to strict cultural institutions in the administration of which will be submitted to the goods and shall be paid not later than 18 months from the date of delivery of the asset.
  

(7) where the author receives no reward discovery within the period specified in paragraph 1. (6), it may apply to the competent court through a judicial action exempted from stamp tax.
  


Chapter VII financing of specific activities for the protection of national cultural heritage cell Article 50 (1) Financing activities of discovery, collection, research, expertise, classifying, inventorying, storing, preparation, preservation, restoration, protection and realization of the value of cultural goods classified, regardless of mobile owners, holders and other holders of rights in rem right of Administration can be done by the Ministry of Culture, Ministry of national education central public administration authorities and local Romanian Academy and other public institutions, as appropriate, of its income from appropriations and budgeting.
  

(2) budget allocations intended for the activities referred to in paragraph 1. (1) will be nominated with these destinations for the budget of the Ministry of culture, Ministry of national education, in the budgets of the central public administration authorities and local budgets, as well as in other public institutions.
  

(3) the acquisition of cultural objects for specialized public institutions, according to their subject, can be made of the amounts provided for this destination in the budgets of the central public administration authorities or local authorities.
  


Article 51 (1) Revenues administered under the budget may come from the following sources: a) donations or bequests acquired from individuals or legal entities, in the country or abroad;
  

b 5% share) established by local public administration authorities over the selling price of replicas made from the mobile cultural property public property and placed in the commercial circuit;
  

c 5% share) established by local public administration authorities on the price obtained from the sale of cultural goods, carried out through auctions, antiques, consignaţii and pawn houses;
  

d) charges of decentralized public services of the Ministry of culture for performance of the required expertise.
  

(2) the quotas referred to in paragraph 1. (1) (a). b) and (c)) are added to the selling prices of the goods in question.
  


Chapter VIII bodies and specialized institutions in article 52 (1) Discovery, collection, research, expertise, ranking, inventory, storage, preservation, preparation, restoration, protection, acquisition and implementation of the national cultural heritage cell is done by specialized bodies and institutions that have special skills in General and field, as well as by natural or legal persons, under the present law.
  

(2) natural persons who do not hold documents attesting the quality of expert, issued by the Ministry of culture, but who are authorized as technical expert for other authorities of central public administration, surveys, can be achieved under the present law, only on the basis of their prior accreditation by the National Commission of museums and collections.
  


Article 53


(1) the National Commission of museums and collections is the scientific advisory body and advise in the field of the Ministry of culture and is led by a Chairman appointed by order of the Minister of culture of specialists with recognized authority in the field, for a term of 2 years.
  

(2) the National Commission of museums and collections is made up of 21 specialists, appointed by order of the Minister of culture for a period of 2 years, proposed by the President of the Commission: a)-6 members;
  

(b) the specialized public institutions) and collectors of cultural goods-7 members;
  

c) cults, Romanian Academy and public institutions of higher education profile-7 members.
  

(3) the National Commission of museums and collections it operates on the basis of the regulation on organization and operation of the Commission and approved by order of the Minister of culture.
  

(4) the National Commission of museums and collections are constituted by the subcommittees for the domains referred to in article 1. 3. The Secretary of the Commission and sub-commissions Secretaries are appointed from within the specialized Directorate of the Ministry of culture. Sub-commissions under regulation works the National Commission of museums and collections, referred to in paragraph 1. (3). you are Vice-Chairmen Chairmen of subcommittees of the National Commission of museums and collections.
  

(5) the National Commission of museums and collections may elect as honorary members specialists in the country or abroad, scientific personalities of international recognition in the field of protection of national cultural heritage and of the muzeografiei, who are nominated by the President and which are validated with a simple majority vote of the Commission.
  

(6) the costs of financing the National Commission of museums and collections shall be made from the budget of the Ministry of culture. For the work done by members of the National Commission of museums and collections are getting a monthly allowance determined by order of the Minister of culture, plus reimbursement for participation in the work of the Commission. The monthly allowance shall be paid for the work performed during the months in which the committees shall meet and shall not exceed 10% of the monthly allowance of a Secretary of State.
  


Article 54 (1) 8 is set up committees of local museums and collections as scientific bodies decentralised National Commission of museums and collections.
  

(2) powers, competency, number territory, organisation and functioning of the boards of museums and collections area are laid down in the rules of organization and functioning of the National Commission of museums and collections.
  

(3) the local Committees of museums and collections have 7 members, and their Presidents are members of the National Commission of museums and collections.
  

(4) the composition of the boards of area museums and collections are approved by order of the Minister of culture, to be published in the Official Gazette of Romania, part I.
  

(5) monthly Allowance to area Committee members, for the months of work by the Commission, shall be determined by order of the Minister of culture and may not exceed 10% of the monthly allowance of a Secretary of State, plus reimbursement for participation in the work of the Commission.
  


Article 55 National Commission of museums and collections has the following duties: a) evaluates the corruption proofing expert reports and decides on the ranking of cultural assets, including those contained in the libraries;
  

b) receives complaints made by individuals and legal entities with regard to the procedure for classifying cultural assets and make proposals on resolving them;
  

c) classifying rules gives a cultural property and the rules relating to trade in cultural goods;
  

(d) the rules concerning the execution of) a plastic Modul advises, facsimilelor and children, and the circulations of posthumous engraving after the original plates, in the case of cultural property movable ranked;
  

e) advises the rules of the conservation and restoration of movable cultural property and establishes priorities ranked restoration;
  

f) advises the accreditation rules, rules for accreditation specialists, accreditation rules of conservatives and restorers, and the rules relating to approval of laboratories and workshops for preservation and restoration;
  

g) endorse the operation of laboratories and workshops to perform restore operations;
  

h) enact temporary export of cultural property movable ranked;
  

I endorse the methodological norms) concerning outright exportation of cultural property or temporary mobile;
  

j) advises traders functioning in marketing or organizes auctions with movable cultural property;
  

k) endorsed the regulations and operation of museums and public collections;
  

it accredits, experts), the Conservatives and restorers;
  

m) accredits specialists who can have access, in accordance with the law, the information contained in the books of authorised economic operators to market mobile cultural property;
  

n) any other powers given under its jurisdiction according to the law.
  


Article 56 (1) at the level of counties and Bucharest City operates the decentralized public services of the Ministry of culture.
  

(2) within 30 days after the date of entry into force of the present law *), by decision of the Government, initiated by the Ministry of culture, reorganizing the County inspectorates for culture, through the amalgamation with the county offices for the national cultural patrimony, decentralized public services of the Ministry of culture.
  

_ _ _ _ _ _ _ _ _ * Note) the present law came into force 90 days after the date of October 27, 2000, the date of publication in the Official Gazette of Romania, part I.


Article 57 the decentralized public services of the Ministry of culture shall have the following powers in the field of protection of national cultural heritage: a) shall establish the database concerning cultural property records, mobile ranked their territorial jurisdiction;
  

b) recorded claims of cultural property movable rank held by non-specialised institutions, religious groups, other legal entities, and individuals;
  

c) expertise and documentation provided by the present law, for the purpose of ranking of mobile cultural property;
  

(d) forward to the Commission national) museums and collections ranking proposals;
  

e) record change notifications to the owner or keeper, if cultural property mobile ranked;
  

f) carry out regular State of preservation and security of mobile cultural property classified, giving expert advice at the request of the owners or holders of other rights in rem;
  

g) do include in the proposal the priorities the restoration of movable goods listed in the thesaurus, non-specialised institutions, religious cults, other legal persons than specialized public institutions, as well as from individuals;
  

h) checks whether the authorised economic operators to market mobile cultural property is in compliance with their obligations under this law and regulations issued pursuant thereto.
  

I) approves in accordance with this Act, the outright exportation of movable cultural property, and, on the basis of expertise, export certificate drawn up according to the methodological norms concerning outright exportation of cultural property or temporary mobile;
  

j) manage the budget, revenues under the provisions of art. 51 para. (1) (a). ) and (d)), if applicable, as well as allocations from the State budget, intended for funding the activities referred to in article 1. 50 para. (1);
  

k) collaborate and determine, along with the structures of the Ministry of national defense and the Ministry of Internal Affairs, where necessary, measures for the protection of cultural property in the event of armed conflict or natural disasters;
  

it) any other data tasks within their jurisdiction by this law.
  


Article 58 the Ministry of culture shall ensure financing of editing and publication of the magazine, as well as museums and other specialized publications in the field of national cultural heritage.


Chapter IX Restitution of cultural goods unlawfully removed from mobile in a Member State of the European Union 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, and transpose the provisions of Directive 93/7/EEC of 15 March 1993 on the return of cultural property that have unlawfully left the territory of a Member State published in the official journal of the European Communities (ECOJ) No. L 074 of 27 March 1993. The categories in which you have to be part of the cultural goods subject to this chapter are set out in the annex which forms an integral part of this law.


Article 60 (1) for the purposes of this chapter, by cultural means, where appropriate, which is part of the Treasury) or: background, being ranked in one of these legal categories before or after leaving the illegal Romanian territory;
  

(b) a Member State treasure) of the European Union, in accordance with the legislation of that State, being ranked in this category before or after leaving the illegal one Member State's territory of the European Union;
  

c) public collections listed in the inventories of the heritage and museums, archives and libraries funds from Romania or from one of the Member States of the European Union;
  


d) heritage and religious cults and the inventories of ecclesiastical institutions from Romania or from one of the Member States of the European Union;
  

e) one of the categories listed in the annex to this law.
  

(2) for the purposes of this chapter, public collections collections which are the property designates the Member States of the European Union of local authorities of the Member States of the regional fold of the European Union or public institutions located in the territory of a Member State of the European Union, defined as public institutions according to the laws of the State of the European Union, these institutions being significantly funded times in that State or property owned by the local authorities of the time.
  


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;
  

(b) at the end of nerevenirea) temporary export or any breach of any of the terms of this temporary export of a cultural object.
  

(2) for the purposes of this chapter, owner of cultural object which has been unlawfully removed from the territory of a Member State of the European Union means the natural or legal person owning, physically, in his own name, that cultural object.
  

(3) for the purposes of this chapter, the keeper of the cultural object which has been unlawfully removed from the territory of a Member State of the European Union means the natural or legal person owning, physically, that cultural object on behalf of another natural or legal person other than the rightful owner of the asset in question.
  


Article 62 (1) If in the context of prosecutions be carried out in accordance with the law, are discovered hints that a cultural object that is found in the territory of the Romanian State, has been unlawfully removed from a Member State of the European Union on the flooring to the High Court of Cassation and justice shall notify to the State concerned, in accordance with the law No. 302/2004 on international judicial cooperation in criminal matters, republished, with subsequent amendments and additions.
  

(2) prosecution asks court to order transmitting the cultural object in question a specialized institutions, with a view to preservation.
  


Article 63 (1) any Member State of the European Union may ask the Prosecutor's Office attached to the High Court of Cassation and justice, in accordance with the law No. 302/2004, republished, with subsequent amendments and additions, conducting research in order to discover the location and the owner or keeper of a cultural object. The application shall include particulars relating to the description of cultural object covered by the request, as well as information on the actual or anticipated location of the cultural object.
  

(2) If, under paragraph 3. (1) the cultural object is discovered, the Prosecutor's Office attached to the High Court of Cassation and justice shall notify this to the Member State of the European Union, the owner of the property, and seeks the competent court to order measures for the transmission of cultural object concerned specialized institutions, with a view to conservation, according to the law No. 302/2004, republished, with subsequent amendments and additions.
  


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 two months from the date of notification of the communication referred to in article 1. 62 para. (1) and, where appropriate, in article 19. 63 para. 2. (2) conservation measures referred to in article 1. 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 one year of the date on which he is aware of the location of the cultural object and the identity of its possessor or initiate, under the terms of this chapter.
  

(3) the competent Romanian authorities will take all necessary measures to prevent any attempt to circumvent the procedure for restitution of the cultural object which has been unlawfully removed from the territory of a Member State of the European Union.
  

(4) the competent Romanian authorities will act as a mediator between the holder, where applicable, the holder of the cultural object which has been unlawfully removed from the territory of a Member State of the European Union and the applicant State, in order to refund cultural object concerned, without thereby shall affect the right of the requesting State to initiate court proceedings in order to refund cultural object.
  

(5) the competent Romanian authorities will inform the requesting State regarding the initiation of proceedings for repayment, in the safe of the cultural object in question.
  


Article 65 (1) return of cultural action in which has been unlawfully removed from a Member State of the European Union is brought by the State concerned at the Bucharest Court of appeal against the possessor or initiate asset.
  

(2) the refund referred to in paragraph 1. (1) must be accompanied by the following documents: a description of the object) which is the subject of the action in restitution;
  

b) statement that the property which is the subject of the action in restitution is a cultural object;
  

c Declaration by the competent authorities) of the Member State of the European Union the complainant, that the cultural object has been unlawfully removed from its territory.
  

(3) If at the time the refund is made outside the territory of the Member State of the European Union the complainant may not submit illegal character, the action is dismissed as inadmissible.
  

(4) the Government, through the Ministry of culture, will present the European Commission every three 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.
  


Article 66 (1) Action in the refund referred to in article 1. 65 paragraph 1. (1) shall lapse within one year from the date on which the Member State of the European Union the complainant has knowledge about the location of 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.
  

(2) in the case of the cultural assets that are part of public collections. 60 para. (1) (a). (c)), as well as of ecclesiastical goods which, in the Member States of the European Union, subject to a special protection in accordance with national laws, the refund shall be brought more than 75 years, except in Member States of the European Union where action is imprescriptibilă, or in the case of bilateral agreements concluded by Romania with EU Member States, fixing a time limit of more than 75 years.
  


Article 67 (1) Bucharest Court of appeals decides whether the return of the cultural, it has been established that the property that is the subject of the action in restitution is a cultural object within the meaning of art. 60 and that leaving the national territory of the Member State of the European Union is illegal under the terms of art. 61. (2) under the conditions of paragraph 1. (1), the Court decides to grant fair compensation to the holder of the asset, as well as specialized institution that undertook the precautionary measures provided for in article 10. 62 para. (2) and in article 8. 63 para. (2) as appropriate. The granting of compensation to the holder is ordered only in case of submission of all diligentelor on the occasion of the purchase of the cultural object in question.
  

(3) the sentence of the Bucharest Court of Appeal ordering return of the cultural feature and the granting of damages referred to in paragraph 1. (2) the appeal may be appealed to the High Court of Cassation and justice within 15 days of receipt. The High Court of Cassation and justice shall judge emergency appeal.
  

(4) in the case of acceptance of the appeal referred to in paragraph 1. (3) the High Court of Cassation and justice, casând the sentence, will rejudeca the dispute.
  

(5) payment of damages referred to in paragraph 1. (2) it is for the Member State of the European Union, the applicant shall at the time of submission materials property which was the subject of the action in restitution and should cover, as appropriate: (a) expenditure incurred by the holder) in good faith in connection with the acquisition and preservation of the cultural object;
  

b) expenditure incurred by the institution specialized in relation to conservation of cultural object.
  

(6) costs arising from the enforcement of the judgment by which the cultural object is returned to the fall to the Member State of the European Union the complainant.
  

(7) the right of the Member State of the European Union the complainant to enter into possession of the cultural object covered by the refund shall lapse within a period of 3 years from the date on which the judgment ordering the return of the object in question has remained the definitive and irrevocable, if within that period the Member State the applicant does not pay the compensation provided for in paragraph 1. (2) Article 68. Member State of the European Union, the plaintiff shall be entitled to recourse against the person responsible for the illegal exit of the cultural object from its territory, where the cultural object has been returned, according to art. 67 para. (1), and when that State has paid compensation referred to in article 1. 67 para. 2. Article 69


The exercise of the right to bring action in restitution shall be without prejudice to the Member State of the European Union the complainant and, as appropriate, of the owner of the object has been unlawfully removed cultural territory of a Member State of the European Union to formulate other actions, civil or criminal, in accordance with the national law of that State.


Chapter X recovery of cultural property movable objects unlawfully removed from the territory of Romania Article 70 (1) Ministry of culture may be required by any State, in accordance with the law, conducting research for the purpose of discovering the location and identification of the owner or the holder of a certain cultural object which has been unlawfully removed from the territory of Romania; the application shall include particulars relating to the description of cultural object, as well as information on the location of presumptive of the cultural object in question.
  

(2) the return of the cultural Action which has been unlawfully removed from the territory of the Romanian State may be brought by the Ministry of Culture.
  

(3) the categories of which must be part of the cultural goods subject to this chapter are set out in the annex to this law.
  

(4) Recovery cultural object so identified under the terms of paragraph 1. (1) is subject to the legal procedures agreed between the parties.
  

(5) the provisions of art. 61 apply appropriately Romania mobile cultural property covered by this chapter.
  


Article 71 (1) the Ministry of culture shall establish the arrangements for reimbursement of the complainant State of the cultural object which has been unlawfully removed from its territory, and for the plaintiff State of 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.
  

(2) the Ministry of culture takes steps to return to the country of cultural goods unlawfully removed from the territory of the Romanian State, and the State of the damages awarded by the Court to the holder or the holder of the asset, as well as specialized institution that undertook expenditure on the preservation of the cultural object.
  


Article 72 the Ministry of culture has the right to recourse action against the person responsible for the illegal exit of the cultural object to the territory of the Romanian State, where the cultural object was reclaimed, and the State was forced to pay compensation to the holder or lay down and, where necessary, specialized institution that undertook expenditure on the physical preservation of the cultural object.


Article 73 the Ministry of culture shall notify the 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.


Chapter XI Offences and offences section 1 Offence Breaching the provisions of Article 74 of this law shall entail disciplinary, material, administrative, civil or criminal, as appropriate.


Article 75 (1) constitutes the offence, if they are not committed so that, according to the criminal law, to constitute the offence, the following facts: a) failure by natural or legal persons governed by private law to the term and conditions set out in art. 43 para. (1);
  

b) failure by natural or legal persons of the period laid down in article. 43 para. (2) communication of loss, theft, partial or total destruction of a cultural good mobile ranked;
  

c) failure by operators authorized for placing on the market of cultural goods has the obligation to display the visible rules relating to trade in cultural goods mobile. 35 para. (3);
  

d) failure by operators authorized for placing on the market of cultural goods has the obligation of notification about the existence of mobile cultural property likely to be ranked, within the period and under the conditions laid down in article 21. 35 para. (5);
  

e) failure by individuals of the obligation of submission of a cultural object discovered by chance mobile, within the time limit provided for in art. 49 para. (1);
  

f) fulfilment by the owners, holders of other rights in rem, right holders or holders with any title you movable ranked the obligations under article 4. 23 para. (1) (a). a), c)-(f));
  

g) fulfilment by the authorities of the obligations under the provisions of art. 22 paragraph 1. (2);
  

h) establishment and functioning of the operators specialized in mobile marketing cultural assets, without the authorization of the Ministry of culture issued under art. 35 para. (2);
  

I) fulfilment by the authorised economic operators in the mobile marketing cultural assets of the obligation to draw up the register provided for in article 10. 35 para. (4);
  

j) failure by operators authorized for placing on the market of mobile cultural property and conditions laid down in article 21. 35 para. (7) concerning the placing on the market of mobile cultural property listed in the Treasury;
  

k) execution of children, a plastic Modul, circulations and facsimilelor on the emptiness of cultural objects classed by mobile, natural or legal persons, without complying with the provisions of article 3. 26 para. (1);
  

l) attainment by natural or legal persons by means of photo, video, or numeric values on the mobile cultural objects classed, without the written permission of the right holder or of the owner of the object reproduced, according to art. 27(2). (3);
  

m) use by persons or legal entities of non-breeding techniques, such as to affect the quality or integrity of cultural property, in accordance with article ranked mobile. 27(2). (4);
  

n) failure by the owners and holders of the right to cultural property management obligation mobile ranked. 23 para. (2) (a). b);
  

a mobile cultural property restoration) listed in the Treasury without the opinion of the National Commission for museums and collections of the time outside laboratories or workshops authorised, under art. 29;
  

p) carrying out any works that may affect the archaeological site before obtaining the certificate concerning the freeing of an archaeological task under art. 48 para. (6);
  

r) preventing research for freeing an archaeological task under art. 48 para. 6. (2) the Offences referred to in paragraph 1. (1) (a). ) and (b)) shall be imposed with a fine from 2.000 to 10,000 lei lei.
  

(3) the Offences referred to in paragraph 1. (1) (a). c-f)) shall be imposed with a fine from 4,000 to 20,000 lei lei.
  

(4) the Offences referred to in paragraph 1. (1) (a). g)-r) shall be imposed with a fine from 6,000 to 24,000 lei lei.
  

(5) administrative Fines may be imposed and to legal persons.
  

(6) the limits of administrative fines shall be updated by means of a decree of the Government.
  


Article 76 Copies, mulajele, facsimilele, posthumous reprints and reproductions by means of photo, video, digital, or otherwise, undertaken in contravention of the provisions of art. 26 times of art. 27(2). (3), shall be forfeited by the employee acknowledging and shall be transmitted to the specialized public institutions, with the opinion of the National Commission of museums and collections.


Article 77 Finding contraventions and penalties provided for in article 10. 75 are decentralized public services specialists of the Ministry of culture, which, at their request, shall be assisted by the police.


Article 78 (1) Against the minutes in respect of violation and enforcement of the sanction in the complaint may be made within 15 days of receipt.
  

(2) a complaint against the minutes in respect of violation and enforcement of the sanction by the deciding court in whose territorial RADIUS was committed that offence.
  


Article 79 (1) the provisions of this law relating to the offences, supplemented by the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented, except art. 28 and 29.
  

(2) Fines to make income from the State budget.
  


Section 2 of the offences against Article 80 commercial purposes Execute children, posthumous casts, prints or faxes on the mobile cultural objects classed, without written consent of the owner or the owner's management, according to art. 27(2). (1) or (2), as applicable, constitutes infringement and is punishable with imprisonment from 3 months to 2 years or by a fine.


Enforcement of article 81 of the forgeries of cultural property movable commercial classified, or if they have been exposed in public, constitutes infringement and is punishable by imprisonment from six months to three years or by a fine.


Article 82 the degradation, bringing in a State of disuse, negligence on his times, the destruction of a cultural object shall constitute the offense ranked mobile and shall be punished by imprisonment of one month to one year or by a fine.


Article 83 (1) of the unlawful export operations is punishable by imprisonment from six months to three years or by a fine.
  

(2) If the Act referred to in paragraph 1. (1) resulted in the loss of a cultural good, punishment is ranked cell prison from one year to five years.
  

(3) the attempt shall be punishable.
  


Article 84 (1) without any definitive export operations with movable cultural property constitutes offense ranked shall be punished with imprisonment from one year to five years.
  

(2) the attempt shall be punishable.
  


Article 85


(1) the introduction into the territory of the Romanian State, and keeping, marketing, organization of exhibitions, or any operation concerning the movement of cultural property moveable or deriving from the dismantling of cultural goods, which are part of the cultural heritage of a foreign State, under the laws of that State, and which have been exported illegally, is punished with imprisonment from six months to three years or by a fine.
  

(2) goods referred to in paragraph 1. (1) is indisponibilizează and will be forwarded to the specialized institutions, with a view to conserving and refund of State whose cultural heritage.
  

(3) the attempt shall be punishable.
  


Article 86 Enforcement by individuals without accreditation and practising certificate, taking cognizance of the need for their ownership, conservation works or restoration of movable cultural objects classified as such constitutes infringement and is punishable by imprisonment from one month to one year or by a fine.


Article 87 Operation without authorization under the present law of laboratories or workshops that carry out restoration and conservation of cultural property constitutes infringement and mobile classified shall be punished with imprisonment from one month to one year or by a fine.


Article 88 or modify, in any form, of the cultural goods that are ranked mobile held any basis of Banca Naţională a României, Mint State or other banks constitutes infringement and is punishable by imprisonment from one to five years.


Goods referred to in article 89 art. 80, art. 83 para. (1) and art. 84 paragraph 3. (1) shall be forfeited and shall be transmitted to the specialized public administration institutions, with the opinion of the National Commission of museums and collections.


Chapter XII transitional and final provisions article 90 (1) within 90 days after the date of publication of this law in the Official Gazette of Romania, part I), the Ministry of culture shall issue, with the opinion of the National Commission of museums and collections: _ _ _ _ _ _ _ _ _ _ * Note) the present law was published on 27 October 2000 in the Official Gazette of Romania, part I.

the Rules for classifying) cultural property;
  

b) detailed rules for the preservation and restoration of cultural property movable ranked;
  

c) detailed rules for the preservation and restoration of cultural assets that are in public collections;
  

d) accreditation Standards experts;
  

e) accreditation Standards specialists;
  

f) rules of accreditation of conservators and restorers;
  

g) rules concerning the approval of laboratories and workshops for preservation and restoration;
  

h) detailed rules concerning outright exportation of cultural property or temporary mobile;
  

I) the rules relating to trade in cultural goods.
  

(2) the rules referred to in paragraph 1. (1) (a). a)-h) will be approved by order of the Minister of culture and will be published in the Official Gazette of Romania, part I.
  

(3) the rules laid down in paragraph 1. (1) (a). I) will be approved by decision of the Government.
  


Article 91 within 3 months from the date of entry into force of this law), Ministry of culture, the following registers will be drawn up: _ _ _ _ _ _ _ _ _ _ Note *) see footnote to article 1. 56 para. (2)), in which the register of experts shall be persons accredited as experts to the areas referred to in article 1. (3);
  

b) conservatives and Register restorers;
  

c) cultural property Register destroyed, stolen, missing or illegally exported.
  


Article 92 (1) within 3 months from the date of entry into force of the present law *) specialized public institutions are required to submit the National Commission of museums and collections proposals requesting Treasury of cultural property movable owned.
  

_ _ _ Note *) see footnote to article 1. 56 para. 2. (2) within 6 months after the date of entry into force of the present law) religious cults, as well as the non-specialised public institutions are required to submit to the decentralized public services of the Ministry of culture in whose territorial RADIUS are established inventory of mobile cultural property, in order to carry out operations to finish.
  

_ _ _ Note *) see footnote to article 1. 56 para. (2) and (3) the date of completion of the procedure for classifying is 6 months for mobile cultural objects referred to in paragraph 1. (1) and (2) that are subject to insolvency proceedings in the first 9 months of application of this law.
  


Article 93 (1) mobile cultural goods in the custody of public institutions after 31 December 1947 will be returned to the natural or legal persons who hold that we have filed, according to common law, at his written request, with the opinion of the National Commission of museums and collections.
  

(2) the cultural items taken before mobile 6 September 1940 by the authorities of that State cannot be permitted; mobile cultural objects illegally taken by the authorities of the Member State after the date of 6 September 1940 can be claimed by the rightful owners and will be returned to them by their institutions on the basis of a final court ruling. Legal actions to claim they are exempt from judicial stamp duties. Institutions holding archives relating to the cultural goods are required to allow access to documents relating to the origin and the acquisition of them.
  

(3) the cultural items that make mobile classified subject to refund under the terms of paragraph 1. (2), may be submitted only after the owners to guarantee in writing, by them, of compliance with the provisions of this law.
  

(4) where the subject matter referred to in paragraph 1, the refund. (2) represents collections composed of several mobile cultural property contained in the ranking procedure, they can be returned to the owners, annually, on the parts of the collections, as they have been ranked.
  


Article 94 (1) works of fine art and photographic works of decorative art or religious, ethnographic, works of folk craftsmen, as well as other works created by authors in life may not be your ranking.
  

(2) the cultural goods specified in paragraph 1. (1) may be exported temporarily or permanently without any restriction.
  


Article 95 within 6 months from the date of entry into force of the present law *) statements of individuals, as well as alphabetic or files on fields, filled in as a result of the application of the provisions of law No. 63/1974 concerning the protection of the national cultural heritage of the Socialist Republic of Romania, published in the Official Gazette, part I, no. 137 of 2 November 1974, repealed by Decree nr. 90/90 on the establishment and organization of Commission of museums and collections, published in the Official Gazette of Romania, part I, no. 20 of February 6, 1990, in preserving the decentralized public services of the Ministry of culture and the National Heritage Institute, it lists, shall be sealed and shall be submitted to the national archives.
_ _ _ Note *) see footnote to article 1. 56 para. (2) Article 96 within 90 days from the date of entry into force of the present law *) within the General Inspectorate of the Romanian police of the Ministry of Internal Affairs shall organise specialized structures in preventing, discovering and pursuing illegal deeds to the property belonging to the national cultural heritage.
_ _ _ Note *) see footnote to article 1. 56 para. (2) Article 97 within 90 days from the date of entry into force of the present law) Ministry of public finance, with the opinion of the Ministry of culture, will be created in the framework of the national tax administration Agency, specialized structures in preventing and combating illegal trade in cultural goods.
_ _ _ Note *) see footnote to article 1. 56 para. (2) Article 98. Ministry of culture, Ministry of Internal Affairs and the Ministry of national defense will ensure, through a programme of coordinated actions, the protection and integrity of cultural property, contained in mobile ranked specialized institutions and non-specialized in religious institutions, as well as in private collections, against risks arising from natural disasters, public disturbances or armed conflicts.


Article 99 (1) this law shall enter into force 90 days after its publication in the Official Gazette of Romania, part I *).
  

_ _ _ _ _ _ _ _ _ _ * Note *) see footnote to article 1. 90 para. (1) and (2) shall be repealed on the same date the provisions of art. 2 (2). 2, art. 3-5, art. 9, 11 and 12 of the Government Ordinance. 27/1992 on some measures for the protection of national cultural heritage, was published in the Official Gazette of Romania, part I, no. 215 of 28 august 1992, as amended by law No. 11/1994, published in the Official Gazette of Romania, part I, no. 65 of 14 March 1994, and article 4. 3 (a). the a and b)), art. 4, 6, art. 8 para. (1) (a). d), art. 9 lit. b) and d), art. 11, 15, 20, 25, art. 27(2). (1), art. 28 and of art. 30 paragraph 2. (1) of the Government Ordinance. 68/1994 on the protection of the national cultural heritage, was published in the Official Gazette of Romania, part I, no. 247 of 31 august 1994, approved and amended by law No. 41/1995, published in the Official Gazette of Romania, part I, no. 105 of 30 May 1995, as amended and supplemented, as well as any other provisions to the contrary.
  


Annex CATEGORIES of CULTURAL GOODS which may be subject to refund the recovery within the meaning of the head. IX and X 1. Archaeological objects older than 100 years, coming from:


the discoveries and excavations), terrestrial or underwater;
  

b) archaeological sites;
  

c) archaeological collections.
  

2. Elements of an dismantling artistic monument, historical or religious, which constitute an integral part thereof, older than 100 years.
3. Paintings or paintings made by hand, in any and all types of support.
4. Mosaics other than those included in paragraph 1 or in paragraph 2, and drawings made by hand, in any and all types of support.
5. Original engravings, prints, serigraphs and lithographs with stencils and printed copies thereof.
6. the original Productions of statuary or sculpture and children executed by the same process as the original, other than those covered in paragraph 1.
7. Photographs, films and negatives thereof.
8. Incunabula and manuscripts, including maps and musical scores, singly or in that collection.
9. Books older than 100 years old, singly or as specimens in Collections.
10. printed Maps older than 200 years.
11. Archives and parts thereof, of any type, in any technique, having items older than 50 years.
12. a) collections and specimens coming from the collections of zoological, botanical, mineralogical or anatomical;

b) Collections with historic significance, paleontology, ethnographic or Numismatic.
  

13. Means of transport older than 75 years.
14. Any other cultural asset categories not included in the cell referred to in items 1 to 13, older than 50 years.
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