Law No. 422 Of 18 July 2001 Concerning The Protection Of Historical Monuments
Original Language Title: LEGE nr. 422 din 18 iulie 2001 privind protejarea monumentelor istorice
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LEGE no. 422 422 of 18 July 2001 (** republished) (* updated *) on the protection of historical monuments * *) ((updated until 2 June 2016 *)
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** **) Republicated pursuant to art. V of Law no. 259/2006 to amend and supplement Law no. 422/2001 on the protection of historical monuments, published in the Official Gazette of Romania, Part I, no. 573 of 3 July 2006, giving the texts a new numbering.
Law no. 422/2001 on the protection of historical monuments was published in the Official Gazette of Romania, Part I, no. 407 of 24 July 2001, and subsequently amended and supplemented by:
- Law no. 401/2003 to amend and supplement Law no. 50/1991 on the authorization of the execution of construction works, published in the Official Gazette of Romania, Part I, no 749 749 of 27 October 2003;
- Law no. 468/2003 amending and supplementing Law no. 422/2001 on the protection of historical monuments, published in the Official Gazette of Romania, Part I, no. 820 820 of 19 November 2003;
- Law no. 571/2003 on the Fiscal Code, published in the Official Gazette of Romania, Part I, no. 927 927 of 23 December 2003.
---------- + Title I General provisions + Article 1 (1) This law regulates the general legal regime of historical monuments. ... (2) For the purposes of this law, historical monuments are immovable property, construction and land located on the territory of Romania, significant for national and universal history, culture and civilization. ... (3) The historical monument regime is conferred by the classification of these immovable property according to the procedure provided for in this Law. ... (4) It may be classified as historical monuments immovable property located outside the borders, properties of the Romanian state, in compliance with the legislation of the state on its territory. ... + Article 2 (1) Historical monuments are an integral part of the national cultural heritage and are protected by law. ... (2) The activities and measures to protect historical monuments shall be carried out in the public interest. Under the present law, interventions on historical monuments can be the cause of public utility. ... (3) For the purposes of this law, the protection is understood as a set of measures of a scientific, legal, administrative, financial, fiscal and technical nature aimed at ensuring the identification, research, inventory, ranking, record, preservation, including guard and maintenance, consolidation, restoration, enhancement of historical monuments and their social-economic and cultural integration in the lives of local communities. ... (4) For the protection of historical monuments, incentive measures of an economic or other nature are established by law. ... (5) The historical monuments may apply to public utility servitude established according to the law. ... + Article 3 According to this law, the following categories of historical monuments, immovable property located above ground, underground and underwater are established: a) monument-construction or part of construction, together with the installations, artistic components, interior or exterior furnishing elements that are an integral part of them, as well as commemorative artistic works, funerary, de for public, together with the related land topographically delimited, which constitute cultural-historical testimonies significant from an architectural, archaeological, historical, artistic, ethnographic, religious, social, scientific or technical point of view; ... b) ensemble-a coherent group from a cultural, historical, architectural, urban or museum point of urban or rural construction that together with the related land forms a topographic delimited unit that constitutes a cultural-historical testimony architectural, urban, archaeological, historical, artistic, ethnographic, religious, social, scientific or technical point of view; ... c) site-land delimited topographic comprising those human creations in natural setting that are culturally-historically significant historical testimonies, urbanistic, archaeological, historical, artistic, ethnographic, religious, social, scientific, technical or cultural landscape. ... + Article 4 (1) Historical monuments belong to either the public or private domain of the state, counties, cities or communes, or are privately owned by natural or legal persons. ... (2) The historical public property monuments of the state or administrative-territorial units are inalienable, unpredictable and indistinguishable; these historical monuments can be given in administration to public institutions, can be conceded, data in free use to public utility institutions or rented, under the law, with the opinion of the Ministry of Culture and National Heritage or, as the case may be, of the deconcentrated public services of the Ministry of Culture and National Heritage. ... (3) Historical monuments belonging to the private domain may be subject to the civil circuit under the conditions established by this law. ... (4) Historical monuments owned by natural or legal persons of private law can be sold only under the conditions of exercising the right of preemption of the Romanian state, through the Ministry of Culture and National Heritage, for historical monuments ranked in group A, or through the devolved public services of the Ministry of Culture and National Heritage, for historical monuments ranked in group B, or of administrative-territorial units, as the case may be, according to this law, under penalty of absolute nullity of the sale. ... (5) The owners, natural or legal persons of private law, who intend to sell historical monuments, transmit to the deconcentrated public services of the Ministry of Culture and National Heritage the notice of the intention of sale, accompanied by documentation established by order of the Minister of Culture and National Heritage. ... (6) The devolved public services of the Ministry of Culture and National Heritage shall transmit to the Ministry of Culture and National Heritage the notification, documentation and response proposal, within 5 working days from their receipt. ... (7) The term of exercising the right of preemption of the state shall be no more than 25 days from the date of registration of the notification, documentation and the proposal for a response to the Ministry of Culture and National Heritage or, as the case may be, to the services devolved public of the Ministry of Culture and National Heritage; holders of the right of preemption will provide in their own budget the necessary amounts intended for the exercise of the right of pre-emption; the purchase value is negotiated with Seller. ... (8) If the Ministry of Culture and National Heritage or the devolved public services of the Ministry of Culture and National Heritage does not exercise the right of pre-emption within the period provided in par. ((7), this right shall be transferred to local public authorities, which may exercise it within a maximum of 15 days. ... (9) Communications regarding the non-exercise of the right of preemption have a term of validity for the entire calendar year in which they were issued, including for situations in which the historical monument is sold several times. ... (10) Under the law, in order to protect historical monuments one can proceed, in extreme cases, to their displacement. ... (11) The historical monuments that are located on the territory of Romania and which are the property of other states are protected under the present law. ... + Article 5 In the acts of alienation, concession, rental, administration or free use of historical monuments will be mentioned the regime of historical monument of buildings and the obligation to protect them according to the present law. + Article 6 (1) Guard, maintenance, conservation, consolidation, restoration and enhancement by appropriate means of historical monuments shall return, as the case may be, to the owners or holders of other real rights to them, in accordance with the provisions this law. ... (2) If a historical monument does not have a known owner, the obligations arising from this law shall return to the authority of the local public administration in the administrative unit on whose territory the historical monument or the authorities is located central public administration. ... + Article 7 (1) The state guarantees and ensures the protection of historical monuments under the conditions established by this law. ... (2) The Ministry of Culture and National Heritage is the authority of the specialized central public administration that elaborates the specific strategies and norms to protect historical monuments, pursues and ensures their application. ... (3) The authorities of the specialized central public administration, the specialized institutions subordinated to them and the local public administration authorities collaborate and respond, as the case may be, to the activity of protecting historical monuments. ... (4) The central specialized public administration authorities and the institutions subordinated to them, as well as the local public administration authorities shall cooperate with the owners of historical monuments, natural or legal persons, with the holders and their administrators, as well as with public institutions and non-governmental organizations in the field of protecting historical monuments and support them under the law. ... + Title II Protection of historical monuments + Chapter I Historical monuments + Article 8 (1) Historical monuments shall be classified as follows: ... a) in group A-historical monuments of national and universal value; ... b) in group B-historical monuments representative of local cultural heritage. ... (2) The classification of historical monuments in groups is made by order of the Minister of Culture and National Heritage, on the proposal of the National Commission of Historical Monuments, according to the ranking procedure provided by this law. ... (3) Historical monuments classified in the groups provided in par. (1) and their areas of protection, located in public property, may be declared, according to the law, of national or local public interest, as the case may be, by Government decision initiated by the Ministry of Culture and National Heritage, respectively by decision of the local, county or General Council of Bucharest, with the opinion of the Ministry of Culture and National Heritage. ... + Article 9 (1) For each historical monument its protection zone is established, delimited on the basis of topographic, geographical or urban landmarks, depending on the street trama, relief and characteristics of the historical monument, as the case may be, by which it ensures the integrated preservation and enhancement of the historical monument and its built or natural setting. ... (2) Delimitation and establishment of the protection zone shall be carried out, simultaneously with the ranking of the immovable property as a historical monument, under the law. ... (3) The competent local public authorities shall include in the urban plans and in the regulations related to the protection zones delimited according to par. ((2). ... (4) Public utility services and special building regulations can be established in the protection zone through the approved and approved urban planning plans and regulations according to the law. ... (5) In the areas of protection of historical monuments that are places of worship it is forbidden to conduct outdoors, during the period during which religious service is carried out, of manifestations that, through sound or visual pollution, who produce it, can impiet on the conduct of religious service. ... (6) By exception, events such as those provided in par. (5), with the consent of the religious authority that manages the abode, in conditions that do not encroach on the conduct of religious service ... + Article 10 (1) Historical monuments are protected regardless of their property regime or their state of preservation. ... (2) The protection of historical monuments is part of the economic and social sustainable development strategies, tourism, urban planning and spatial planning, at national and local level. ... (3) Expropriation for the cause of public utility of historical monuments and their protection zones or the establishment of servitude may be initiated and applied only with the opinion of the Ministry of Culture and National Heritage. ... (4) The application of servitude which have as a consequence the abolition, partial destruction or degradation of historical monuments and their protection zones is prohibited. ... + Article 11 (1) Any intervention on historical monuments and on buildings in their protection zone, as well as any modification of the legal situation of historical monuments shall be made only under the conditions established by this law. ... (2) The abolition, partial or total destruction, desecration, as well as the degradation of historical monuments are prohibited and sanctioned according to the law. ... + Chapter II Inventory and ranking of historical monuments + Article 12 (1) The inventory of historical monuments represents the action of gathering the totality of information, documents, studies, research and documentation on the identification of buildings likely to acquire the quality of monument history, of buildings classified as historical monuments, of historical monuments decried, as well as those destroyed or disappeared. ... (2) The inventory of historical monuments is a database, permanently updated through the necessary correlation operations, in order to ensure a permanent and accurate information in relation to the situation of the buildings historical monuments. ... (3) The classification is the procedure by which the historical monument regime is given to an immovable property according to art. 8. ... (4) The inventory and ranking shall be carried out according to the provisions laid down by this Law and in accordance with the methodological norms of inventory and ranking of historical monuments, approved by order of the Minister of Culture and Heritage national. ... (5) In order to carry out the inventory of historical monuments, the competent authorities and public institutions shall communicate to the public services of the Ministry of Culture and National Heritage, at their request, data on the situation Legal of buildings. ... + Article 13 (1) The ranking procedure is triggered by the directions for culture, cults and national cultural heritage, respectively of the city of Bucharest, as follows: ... 1. ex officio, in the following situations: a) for immovable property owned by the state or administrative-territorial units; ... b) for immovable property owned by religious cults; ... c) for immovable property discovered by chance or in systematic archaeological research; ... 2. on request or, where appropriate, on the proposal: a) the owner of the property; ... b) the mayor of the locality, of the local or county council, respectively of the General Council of Bucharest, on whose administrative territory is the property in question; ... c) National Commission of Historical Monuments, National Archaeological Commission or National Commission of Museums and Collections; ... d) associations and legal foundations constituted, with activity in the field of protection of historical monuments; ... e) public institutions with powers in the field. ... (2) The classification or declassification file is drawn up by the devolved services of the Ministry of Culture and National Heritage, as a rule, through authorized experts or certified specialists registered in the registers of the Ministry of Culture and National Heritage and shall be submitted to the specialized department of the Ministry of Culture and National Heritage, which analyzes and presents it, as the case may be, to the National Archaeological Commission and/or to the National Commission of Historical Monuments for analysis and proposals. Secretary of the National Commission of Historical Monuments elaborates the draft order of classification or declassification, which he submits to the Minister of Culture and National Heritage for approval. ... (3) The immovable property is ranked by order of the Minister of Culture and National Heritage, which will be published in the Official Gazette of Romania, Part I. ... (4) The communication of classification or declassification, respectively, as the case may be, the reasoned response regarding the unclassification or non-declassification, shall be communicated to the owner and holders of other real rights, as well as to the local public administration authority by deconcentrated public services of the Ministry of Culture and National Heritage, no later than 30 days from the date of their receipt from the Ministry of Culture and National Heritage or from their publication in the Official Gazette of Romania, Part I, as appropriate. ... + Article 14 (1) The devolved public services of the Ministry of Culture and National Heritage have the obligation to communicate immediately to the owner, the holder of the right of administration or, respectively, to the holder of another real right on the immovable property triggering the class or declassification procedure. ... ((2) From the date of communication to the owner or to the holder of other real rights of the triggering of the ranking procedure until the publication of the ranking order or until the communication of the unclassification, as the case may be, but not more than 12 months, The case applies to the legal regime of historical monuments. ... + Article 15 (1) The communication of classification, declassification or the answer regarding the unclassification or non-declassification may be challenged by the owner of the immovable property in question at the Ministry of Culture and National Heritage within 30 days from the date of communication; the appeal is resolved within 30 days of registration. ... (2) If by the vote of two thirds of the members the National Commission of Historical Monuments supports the original decision of classification or unclassification, the Minister of Culture and National Heritage is entitled to reject the appeal. ... (3) If the objector is not satisfied with the response received, he may appeal to the administrative court, under the law. ... (4) If the order of classification has been challenged under the law, it shall remain final after the exhaustion of the remedies. ... (5) If the order of ranking is not challenged under the law, it shall remain final after 30 days of its communication in writing to the owner and local public administration authorities. ... (6) On the date of final stay of the declassification communication or from the date of communication of the non-lassification response, the historical monument regime of the good ceases, and the resumption of the ranking or declassification procedure cannot intervene before 3 years, in the absence of discovery of new elements to justify it. ... ((7) In case of introduction of an action in administrative litigation against the order of classification or communication of the triggering of the ranking procedure, until the delivery of a final and irrevocable court decision, on the good The legal regime of historical monuments shall apply. ... + Article 16 (1) The order of classification or declassification shall be published, through the care of the Ministry of Culture and National Heritage, in the Official Gazette of Romania, Part I, within 15 days of the final stay. ... (2) The quality of historical monument of the real estate is registered by the owner, without charge, in the Land Registry, within 30 days from the date of publication of the ranking order in the Official Gazette of Romania, Part I. ... + Article 17 (1) Within 90 days from the date of publication in the Official Gazette of Romania, Part I, of the ranking order, the directions for culture, cults and the county national cultural heritage, respectively of the city of Bucharest, draw up and communicate the owner of the act stating the conditions and rules of use or operation and maintenance of the immovable property in question, called the Obligation on the use of the historical monument, which accompanies the acts of property, of concession or rental throughout the existence of the property in question. ... (2) The methodology for drawing up and the content of the Obligation on the use of the historical monument is approved within 90 days from the date of entry into force of this Law, by order of the Minister of Culture and National Heritage, which will be published in the Official Gazette of Romania, Part I. ... (3) The obligation on the use of the historical monument is servitude constituted for the benefit of the property and is entered in the Land Registry by the owner within 30 days from the date of its communication. ... + Article 18 (1) Historical monuments, protection zones and protected areas, defined according to the law, shall be highlighted in the plans for the arrangement of the territory and in the urban plans of the administrative-territorial units. ... (2) Under the law and on the basis of the opinion of the Ministry of Culture and National Heritage, in order to protect the values of cultural heritage that determined the establishment of the protected built area, the local public authorities may establish servitude may prohibit the abolition or modification of construction. ... (3) The quality of historical monument, as well as the one of protected built area, of historical city or historical village is marked by a distinctive insignia placed by the representatives of the town halls on the historical monument, at the entrance to the built area protected or in the historical city or historical village, as the case may be, in accordance with the methodological norms approved by order of the Minister of Culture and National The cost of the distinctive marks is borne by the local public authorities. ... + Article 19 (1) For the purposes of this law, by declassification, it is understood the deletion from the List of historical monuments of an immovable property or part of it, by mentioning in the list of the order of declassification. ... (2) The devolved public services of the Ministry of Culture and National Heritage shall communicate to the owner, the holder of the right of administration or the holder of another real right on the historical monument decried, as the case may be, within 5 days at the publication of the declassification order, the deletion. ... (3) The declassification of historical monuments follows the same procedure as the one provided for the ranking. It shall be automatically triggered in any of the following situations: ... a) the archaeological task discharge, in the case of archaeological sites, according to the opinion of the National Archaeological Commission; ... b) disappearance of the historical monument; ... c) finding the loss of the quality of historical monument of the building. ... (4) The material errors in the List of historical monuments may be directed ex officio or following the request of any interested person. ... + Article 20 The change of the classification group of historical monuments is made according to the procedure provided for the ranking. + Article 21 (1) The emergency classification is the exceptional procedure by which an impending property in imminent danger of destruction or physical alteration is ranked in group A or B, as the case may be, in order to take the urgent measures necessary for its rescue. ... (2) The devolved public services of the Ministry of Culture and National Heritage may trigger the emergency ranking procedure, ex officio or at the request of any interested person. ... (3) The triggering of the emergency ranking procedure is carried out within 3 days from the identification of the property situation or the registration of the request on the situation of the property, based on the finding note elaborated by the public service delegate focused of the Ministry of Culture and National Heritage, of the county museum, respectively of the museum of Bucharest, or of the local public administration authorities, as the case may be. ... (4) The devolved public services of the Ministry of Culture and National Heritage immediately communicate in writing to the owner of the real estate the triggering of the procedure of emergency classification of the building in the List of historical monuments. From the date of communication of the triggering of the emergency ranking procedure until the completion of the procedure, the building is applied to the legal regime of historical monuments. ... (5) Against the triggering of the emergency ranking procedure or the emergency ranking order, the owner can address the administrative court. ... (6) Until the settlement of the dispute, the immovable property in question applies to the legal regime of historical monuments. ... (7) At the request of the devolved services of the Ministry of Culture and National Heritage, the owners of the buildings proposed for the ranking ex officio or emergency will transmit to them the documents necessary to complete the ranking file. ... + Article 22 (1) The list of historical monuments includes historical monuments classified in group A or B and is drawn up by the National Heritage Institute. ... ------------- Alin. ((1) of art. 22 22 has been amended by letter i) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009 by replacing the phrase "National Institute of Historical Monuments" with the phrase "National Heritage Institute"; (2) The list of historical monuments shall be approved by order of the Minister of Culture and National Heritage, shall be published in the Official Gazette of Romania, Part I, and shall be updated every 5 years. ... (3) The list of historical monuments is the basis for drawing up the specialized cadastre of historical monuments, spatial planning plans and urban plans. ... + Chapter III Interventions on historical monuments + Article 23 (1) Interventions on historical monuments shall be made only on the basis and in compliance with the opinion issued by the Ministry of Culture and National Heritage or, as the case may be, by the devolved public services of the Ministry of Culture and Heritage National. ... (2) For the purposes of this law, the interventions that are carried out on historical monuments are: ... a) all research, conservation, construction, extension, consolidation, restructuring, landscape and enhancement works, which modify the substance or the appearance of historical monuments; ... b) the execution of casts from the components of the historical monuments; ... c) permanent or temporary placement of fencing, protective constructions, fixed furniture pieces, billboards, companies, logos or any kind of insignia on and in historical monuments; ... d) changes in the function or destination of historical monuments, including temporary changes; ... e) the displacement of historical monuments; ... f) arrangement of access routes, pedestrian and roadway, annexes, signs, including in the areas of protection of historical monuments. ... (3) The building permit, the abolition authorization, as well as the authorizations regarding the interventions provided in par. (2) shall be issued only on the basis and in accordance with the opinion of the Ministry of Culture and National Heritage or, as the case may be, the devolved public services of the Ministry of Culture and National Heritage and the other opinions, the legal provisions in force. ... (4) The authorizations provided in par. (3), issued without the opinion of the institutions empowered by law and without respecting their conditions, are void of law. ... (5) The obligation to use the historical monument is an integral part of the Technical Book of Construction. If it does not exist, the obligation on the use of the historical monument holds the place of the technical documentation for the use of the immovable property, under the law. ... + Article 24 ((1) Interventions that are carried out on buildings that are not historical monuments, but which are in areas of protection of historical monuments or in protected built areas are authorized on the basis of the opinion of the Ministry of Culture and Heritage National or, as the case may be, the devolved public services of the Ministry of Culture and National Heritage and the other opinions, according to the legal provisions in force. ... (2) All interventions that are carried out on historical monuments other than those of change of function or destination, maintenance or current repair, regardless of their source of funding and of the property regime of building, are made with specialists and experts certified and under the inspection and own control of the Ministry of Culture and National Heritage, respectively of the deconcentrated public services of the Ministry of Culture and National Heritage, in the law. ... ------------ Alin. ((2) of art. 24 24 has been amended by section 1 1 of art. II of EMERGENCY ORDINANCE no. 43 43 of 5 May 2010 , published in MONITORUL OFFICIAL no. 316 316 of 13 May 2010. (3) Under the law, in the case of carrying out unauthorized works, without opinions or violating the specialized opinions, the authorized inspection staff has the right to interrupt the works until the entry into law, to apply sanctions and, after case, order the return to the original situation and notify the criminal investigation bodies. ... (4) Elaboration of technical expertise, consolidation projects, restoration, technical verification of projects and the supervision of works shall be carried out only by experts and/or specialists certified by the Ministry of Culture and National Heritage, in compliance with the specific requirements of the historical monuments and the requirements regarding the quality of construction works. ... (5) The protection and preservation of historical monuments representing archaeological finds left over are made, under the law, by investors, under the coordination of the scientific officer of the construction site and the organizing institution. ... + Title III Institutions and specialized bodies responsible for the protection of historical monuments + Chapter I Institutions + Article 25 (1) The Ministry of Culture and National Heritage elaborates and ensures the application of the national strategy and aims to comply with the legal provisions and norms and methodologies in the field of protection of historical monuments. ... (2) The Ministry of Culture and National Heritage ensures the fulfilment of the commitments of the state assumed by the international conventions regarding the protection of historical monuments, to which Romania is a party ... (3) The Ministry of Culture and National Heritage represents the state in relation to the owners of historical monuments and to the holders of other real rights on them. ... (4) For the performance of his duties, according to the provisions of this law, the Ministry of Culture and National Heritage organizes specialized compartments in its own apparatus, as well as subordinate institutions, having as its research activities, inventory, endorsement, inspection and control, conservation, restoration and enhancement of historical monuments. ... + Article 26 (1) In order to protect historical monuments the Ministry of Culture and National Heritage meets, directly or through its public services devolved or through other subordinate public institutions, the following duties: ... 1. organizes the national system of research, inventory, ranking of historical monuments, elaboration of regulations in the field, inspection and control of historical monuments; 2. endorses the regulations, norms and methodologies with applicability for the field of historical monuments, if they are elaborated by other authorities than the Ministry of Culture and National Heritage; 3. confers, by order of the Minister of Culture and National Heritage, the historical monument regime; 4. publishes the List of historical monuments, drawn up by the National Heritage Institute, in the Official Gazette of Romania, Part I, and updates it, according to the law, every 5 years; ------------- Item 4 of para. ((1) of art. 26 26 has been amended by letter i) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009 by replacing the phrase "National Institute of Historical Monuments" with the phrase "National Heritage Institute"; 5. make proposals for the draft state budget of the necessary amounts in order to finance the expenses for the protection of historical monuments; 6. issue the necessary notices for the issuance of building permits for works and interventions on historical monuments; 7. issue the opinion on urban planning documentation in the areas of protection of historical monuments and protected built areas; ---------- Item 7 of par. ((1) of art. 26 26 has been amended by section 1 1 of art. unique of ORDINANCE no. 10 10 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. 8. issues the opinion on historical-scientific foundation studies for the delimitation of the protection areas of historical monuments or protected built areas, of the specialized sections of the spatial planning plans and urban plans, as well as for projects to restore historical monuments; 9. issues the opinion for the National Territory Planning Plan-section "Protected Built Areas", as well as for the specialized sections of the landscaping plans that have as object historical monuments or built-up areas protected; 10. issue the opinions for the specialized sections of the general urban plans of the administrative-territorial units, the area urban plans, as well as from the detailed urban plans, which have as object historical monuments or areas protected built; 11. issues the opinions for interventions on buildings located in the areas of protection of historical monuments and in protected built areas, for which there are no construction regulations approved according to section 7 7; 12. initiates, when necessary, or requests the county councils or the General Council of the Municipality of Bucharest, as the case may be, the expropriation for the cause of public utility of historical monuments, in order to save them from destruction and degradation; 13. coordinates, through specialized supervisors of the National Heritage Institute, certified by the Ministry of Culture and National Heritage, the works of preservation, consolidation and restoration of historical monuments, when the interventions are financed totally or partially from the funds allocated by the Ministry of Culture and National Heritage; ------------- Item 13 of para. ((1) of art. 26 26 has been amended by letter i) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009 by replacing the phrase "National Office of Historical Monuments" with the phrase "National Heritage Institute". 14. ensures its own inspection and control at the historical monuments regarding their state of preservation and compliance with the specialized opinions issued, as well as the own control of the yards having as object the historical monuments, regardless of the regime of property and group of historical monument, the nature of the operations and their source of funding; 15. finds contraventions and applies sanctions by its powers and takes appropriate measures to notify the criminal investigation bodies, in the case of crimes; 16. establish, within 90 days from the date of entry into force of this law, the Register of specialists, the Register of experts and technical verifiers; ------------ Item 16 of para. ((1) of art. 26 26 has been amended by section 2 2 of art. II of EMERGENCY ORDINANCE no. 43 43 of 5 May 2010 , published in MONITORUL OFFICIAL no. 316 316 of 13 May 2010. 17. issue attestations for specialists and experts in the field of protection of historical monuments, in accordance with the methodology approved by order of the Minister of Culture and National Heritage; 18. repealed; ------------ Item 18 of par. ((1) of art. 26 26 has been repealed by section 6.6. 3 3 of art. II of EMERGENCY ORDINANCE no. 43 43 of 5 May 2010 , published in MONITORUL OFFICIAL no. 316 316 of 13 May 2010. 19. endorses the regulations, norms and methodologies developed by the competent authorities and institutions, regarding: a) the organization and functioning of the national system of education, training, specialization and improvement of specialists in the field of protection of historical monuments; ... b) preventing and extinguishing fires at historical monuments; ... c) measures of special protection of historical monuments in case of armed conflict, protection against acts of terrorism or in emergency situations; ... d) establishment of plans and measures to prevent destruction caused by calamities or natural disasters at historical monuments; ... e) the removal or diminution of polluting factors at historical monuments and their protection zones; ... f) elaboration of the cadastre of historical monuments; ... 20. endorses the use of new materials, techniques and technologies for the restoration of historical monuments; 21. supports, under the law, programs and projects to revitalize and value historical monuments, decides strategies and co-finances programs and publications for cultural animation and stimulating the public interest in monuments historical; 22. establishes and controls the location of the distinctive mark certifying the historical monument regime of an immovable property, in order to protect it in time of peace or armed conflict; 23. collaborates with non-governmental organizations, under the law, in the realization of programs and projects to protect historical monuments; 24. ensures the operation, logistics, secretariat and headquarters of the National Commission of Historical Monuments and, through the devolved public services of the Ministry of Culture and National Heritage, for the regional commissions of historical monuments; 25. collaborate with interested international bodies and participate, in cooperation with them, in the financing of programs to protect historical monuments, including those registered in the World Heritage List; 26. exercise, on behalf of the state, the right of preemption over historical monuments ranked in group A; 27. initiates, on the proposal of the National Commission of Historical Monuments and, as the case may be, of the National Archaeological Commission, projects of Government decision on the granting of historical city status or historical village; 28. finances the publishing and publication of the Journal of Historical Monuments and the Bulletin of the Historical Monuments. (2) In emergency situations, states potentially generating emergency situations, situations that concern national security or in other exceptional situations, the Ministry of Culture and National Heritage may issue emergency notices for interventions on historical monuments, without consulting the National Commission of Historical Monuments or, as the case may be, the National Archaeological Commission, provided that the interventions are reversible. ... (3) For the issuance of the opinions provided in par. ((1) pt. 6-10 no fees or charges are levied. ... (4) For the issuance of attestations, opinions and authorizations provided in par. ((1) pt. 11, 17 and 18 are charged fees and tariffs, which are made coming to the Ministry of Culture and National Heritage or to the devolved public services of the Ministry of Culture and National Heritage and are managed in extra-budgetary regime, under the conditions the law, exclusively for actions, projects and programs in the field of historical monuments. ... (5) The level of fees and charges levied according to par. ((3) shall be established by order of the Minister of Culture and National Heritage. ... + Article 27 Repealed. ------------- Article 27 was repealed by letter h) a art. 68, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 761 of 9 November 2009. + Article 28 (1) The National Office for the Protection of Heritage is reorganized into the National Heritage Institute *), as a public institution with legal personality, subordinated to the Ministry of Culture and National Heritage, financed by income Extra-budgetary and from allowances from the state budget. ... ------------- Alin. ((1) of art. 28 28 has been amended by letter i) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009 by replacing the phrase "National Office of Historical Monuments" with the phrase "National Heritage Institute". ((2) The organization and functioning of the National Heritage Institute shall be made by Government decision, at the proposal of the Ministry of Culture and National Heritage, within a maximum of 3 months from the date of entry into force of this Law, without affect the current financial year. ... ------------- Alin. ((2) of art. 28 28 has been amended by letter i) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009 by replacing the phrase "National Office of Historical Monuments" with the phrase "National Heritage Institute". (3) The main tasks of the National Heritage Institute are: ... ------------- The introductory part of para. ((3) of art. 28 28 has been amended by letter i) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009 by replacing the phrase "National Office of Historical Monuments" with the phrase "National Heritage Institute". a) management, under the law, of funds for research, expertise and execution of consolidation-restoration and enhancement of historical monuments financed from the state budget through the budget of the Ministry of Culture and National Heritage and entrusted by transfer to the National Heritage Institute; ... ------------- Letter a) a par. ((3) of art. 28 28 has been amended by letter i) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009 by replacing the phrase "National Office of Historical Monuments" with the phrase "National Heritage Institute". b) substantiation, in accordance with the rules on crediting, elaborated by the Ministry of Culture and National Heritage and approved by Government decision, the needs of credits; proposal of priorities and evaluation of the submitted documentation by persons of private law in order to obtain interest-free loans, with low interest or with market interest, for carrying out protective works on historical monuments held; ... c) management, by granting credits in accordance with the provisions of lett. b), in extra-budgetary regime, of the amounts from the application of the stamp of historical monuments, as well as from other sources with the same destination, obtained under the law; the amounts collected from repayments of loans and interest payments are used in revolving system, with the same purpose; ... d) administration, on behalf of the Ministry of Culture and National Heritage, of historical monuments entered with any title in state property, other than those administered by other public institutions; promotion of revitalization projects and programs, realization of partnerships or by concession, free use or rental, under the law; ... e) the teaching of the documentation for the historical monuments to which works were carried out and the final receptions to the National Heritage Institute, for the updating of the inventory of historical monuments and archiving; ... ------------- Letter e) a par. ((3) of art. 28 28 has been amended by letter i) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009 by replacing the phrase "National Institute of Historical Monuments" with the phrase "National Heritage Institute". f) making available to the National Institute of Heritage the documents and information held, necessary to update the inventory of historical monuments; ... ------------- Letter f) a par. ((3) of art. 28 28 has been amended by letter i) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009 by replacing the phrase "National Institute of Historical Monuments" with the phrase "National Heritage Institute". g) elaboration of regulations, norms and methodologies specific to the field of protection of historical monuments regarding the framework content of the documentation, their pricing, execution of works, organization of public procurement, contracting and settlement of works; ... h) editing on any type of support and marketing of materials on the protection and enhancement of historical monuments; ... i) organization and realization of other activities specific to its duties, bringing income, according to the legal provisions, including through the conclusion of contracts with specialized legal or physical persons, which they manage in the regime extrabugetar; ... j) repealed. ... ------------ Letter j) a par. ((3) of art. 28 28 has been repealed by section 6.6. 4 4 of art. II of EMERGENCY ORDINANCE no. 43 43 of 5 May 2010 , published in MONITORUL OFFICIAL no. 316 316 of 13 May 2010. (4) The National Heritage Institute takes over at the date of its establishment the entire material base of execution, movable and immovable property, which belonged to the institutions with activity in the field-National Cultural Heritage Department, Directorate Monuments, Assemblies and Historical Sites, the Center for Administration and Protection of Cultural Heritage, respectively the National Office for the Protection of Heritage. ... ------------- Alin. ((4) of art. 28 28 has been amended by letter i) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009 by replacing the phrase "National Office of Historical Monuments" with the phrase "National Heritage Institute". + Article 29 In order to carry out measures to protect historical monuments, within 60 days from the date of entry into force of this law, within the devolved public services of the Ministry of Culture and National Heritage, by order of the Minister of Culture and National Heritage, the duties of the Historical Monuments Service are established and established, framed with specialized personnel in the field. + Chapter II Specialist bodies + Article 30 (1) The National Commission of Historical Monuments shall reorganize itself as a scientific scientific body in the field of protection of immovable cultural heritage, without legal personality, which operates in addition to the Ministry of Culture ... ---------- Alin. ((1) of art. 30 30 has been amended by section 2 2 of art. unique of ORDINANCE no. 10 10 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (2) The National Commission of Historical Monuments proposes the strategies and endorsement of methodologies, norms and technical-scientific measures in the field of protection of historical monuments. ... (3) The National Commission of Historical Monuments consists of 21 members, personalities, specialists and experts certified in the field of protection of historical monuments, appointed by order of the Minister of Culture and National Heritage for a mandate years *). ... ---------- Alin. ((3) art. 30 30 has been amended by section 1 of Article I of EMERGENCY ORDINANCE no. 12 12 of 9 February 2011 , published in MONITORUL OFFICIAL no. 114 114 of 15 February 2011. (4) The National Commission of Historical Monuments is composed of 21 members, is led by a president and 4 vice presidents and operates on the basis of its own regulation of organization and functioning. ... (5) Members of the National Commission of Historical Monuments are appointed by the Minister of Culture and National Heritage on the proposal: ... a) Romanian Academy-2 members; ... b) Ministry of Transport, Construction and Tourism *)-a member; ... c) Ministry of Education, Research and Innovation *)-2 members; ... d) non-governmental organizations with activity in the field of protecting historical monuments-a member; ... e) Ministry of Culture and National Heritage-15 members, of which 8 proposed by the regional commissions of historical monuments. ... (6) Within 30 days from the date of entry into force of this Law, the Regulation on the organization and functioning of the National Commission of Historical Monuments shall be elaborated and approved by order of the Minister of Culture and National Heritage. ... (7) The National Commission of Historical Monuments can choose as honorary members of its specialists from the country or abroad, scientific personalities of international recognition from the field of research and protection of historical monuments; these are proposed by the president and are validated with the vote of the simple majority of the commission. ... (8) The Ministry of Culture and National Heritage provides the necessary material and financial means for the functioning of the National Commission of Historical Monuments. ... + Article 31 (1) The independence of the members of the National Commission of Historical Monuments in the adoption of the commission's proposals is guaranteed ... (2) The National Commission of Historical Monuments operates through works in plenary, within the Commission's Office and on specialized sections. ... (3) The National Commission of Historical Monuments shall be constituted of 4 sections by fields, each led by a President elected from among their members for a term of 2 years; the presidents of sections shall become Vice-Presidents of the National Commission of Historical Monuments. ... ---------- Paragraph 3 of the art. 31 31 has been amended by section 2 of Article I of EMERGENCY ORDINANCE no. 12 12 of 9 February 2011 , published in MONITORUL OFFICIAL no. 114 114 of 15 February 2011. (4) The President of the National Commission of Historical Monuments is appointed by order of the Minister of Culture and National Heritage for a term of 2 years *). ... ---------- Article 4 (4) art. 31 31 has been amended by section 2 of Article I of EMERGENCY ORDINANCE no. 12 12 of 9 February 2011 , published in MONITORUL OFFICIAL no. 114 114 of 15 February 2011. (5) The President, together with the Vice-Presidents and the Secretary, shall form the Office of the National Commission ... (6) Decisions of the National Commission of Historical Monuments, sections and the Office of the National Commission of Historical Monuments shall be taken as a rule by the simple majority of votes, except in the cases provided for in this Law. ... + Article 32 (1) The President of the National Commission of Historical Monuments conducts its work and represents it nationally and internationally; the President and Vice-Presidents of the National Commission of Historical Monuments are part of the Scientific Council of The National Institute of Historical Monuments. ... (2) The position of secretary of the National Commission of Historical Monuments is fulfilled by the head of the specialized department of the Ministry of Culture and National Heritage. The functions of secretaries of the specialized sections of the National Commission of Historical Monuments are met by specialists from the specialized department of the Ministry of Culture and National Heritage. ... + Article 33 (1) The National Commission of Historical Monuments has the following tasks: ... a) proposes the approval of the national strategy on the protection of historical monuments, developed by the National Institute of Historical Monuments; ... b) formulate the priorities regarding the works and measures necessary to ensure the protection of historical monuments, regardless of their legal situation and source of funding; ... c) proposes the approval, by order of the Minister of Culture and National Heritage, of the methodologies, norms, norms and regulations in the field of protection of historical monuments, elaborated by the Ministry of Culture and National Heritage or by the specialized institutions subordinated to it; ... d) proposes the ranking, declassification, unclassification or non-declassification and change of the group of classification of historical monuments; ... e) proposes the criteria for attesting specialists and experts in the field of protection of historical monuments; ... ------------ Letter e) a par. ((1) of art. 33 33 has been amended by section 4.2 5 5 of art. II of EMERGENCY ORDINANCE no. 43 43 of 5 May 2010 , published in MONITORUL OFFICIAL no. 316 316 of 13 May 2010. f) proposes to endorse the National Territory Planning Plan-section "Protected areas"; ... g) proposes endorsement for the specialized sections of the plans on spatial planning that have as object historical monuments or protected built areas; ... h) proposes the opinion on historical-scientific substantiation studies for the delimitation of the protection areas of historical monuments classified in group A or protected built areas comprising historical monuments classified in group A, of the specialized sections of the spatial planning plans and the urban plans, as well as for the restoration projects of the historical monuments ranked in group A; ... i) proposes the opinion for the general urban plans of the administrative-territorial units, the zoning urban plans, as well as for the detailed urban plans, which have as object historical monuments classified in group A or built areas protected by historical monuments classified in group A; ... ---------- Lit. i) a par. ((1) of art. 33 33 has been amended by section 4.2 3 3 of art. unique of ORDINANCE no. 10 10 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. j) proposes the opinion for the documentation on interventions on historical monuments or the inscription of historical monuments, based on texts endorsed by specialized scientific bodies or institutions; ... k) proposes the opinion for interventions on buildings located in the areas of protection of historical monuments and in protected built areas, for which there are no urban planning documentation approved according to art. 26 26 para. ((1) pt. 7 7; ... ---------- Lit. k) a par. ((1) of art. 33 33 has been amended by section 4.2 3 3 of art. unique of ORDINANCE no. 10 10 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. k ^ 1) proposes the opinion for the documentation on intervention solutions on the artistic components of the historical monuments group A and B; ---------- Lit. k ^ 1) a par. ((1) of art. 33 33 was introduced by section 4.2. 4 4 of art. unique of ORDINANCE no. 10 10 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. l) proposes historical monuments to be included in the World Cultural and Natural Heritage List, as well as in the World Heritage List in danger, developed by UNESCO; ... m) proposes to endorse the use of new materials, techniques and technologies for the restoration of historical monuments, based on specialized documentation; ... n) proposes training programs for specialists, as well as educational, training and specialization plans in the field of protecting historical monuments. ... (1 ^ 1) The Minister of Culture may issue the order of declassification of a historical monument or decide not to leave only if the National Commission of Historical Monuments has proposed the declassification, respectively the unclassification. ---------- Alin. ((1 ^ 1) of art. 33 33 has been introduced by section 6.6. 5 5 of art. unique of ORDINANCE no. 10 10 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (1 ^ 2) The Minister of Culture may issue the opinions provided by par. ((1) lit. h)-l) only in the form proposed by the National Commission of Historical Monuments. ---------- Alin. ((1 ^ 2) of art. 33 33 has been introduced by section 6.6. 5 5 of art. unique of ORDINANCE no. 10 10 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (1 ^ 3) The Minister of Culture may request the National Commission of Historical Monuments to review the proposals made by it in the cases provided in par. ((1 ^ 1) and para. ((1 ^ 2). ---------- Alin. ((1 ^ 3) of art. 33 33 has been introduced by section 5 5 of art. unique of ORDINANCE no. 10 10 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (2) The powers of the National Commission of Historical Monuments, referred to in par. ((1) lit. d), g), j) and k), may be delegated to the regional commissions of historical monuments, under the conditions established by the Regulation of organization and functioning of the National Commission of Historical Monuments. ... (3) For the work performed the members of the National Commission of Historical Monuments and of the area commissions receive a monthly allowance established by order of the Minister of Culture and National Heritage, plus the settlement of the expenses of participation in Commission work. The monthly allowance is granted for the activity performed in the months in which the committees meet and cannot exceed 10% of the monthly allowance of a Secretary of State *). ... ----------- Alin. ((3) art. 33 33 has been amended by section 3 of Article I of EMERGENCY ORDINANCE no. 12 12 of 9 February 2011 published in MONITORUL OFFICIAL no. 114 114 of 15 February 2011. + Article 34 (1) Area commissions of historical monuments operate in addition to the devolved public services of the Ministry of Culture as scientific specialized bodies in the field of protection of the immovable cultural heritage, in the territory, of the Commission National of Historical Monuments, without legal personality. ... ---------- Alin. ((1) of art. 34 34 has been amended by section 6 6 of art. unique of ORDINANCE no. 10 10 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (2) The number, territory of competence, organization and functioning of the area commissions of historical monuments are established by the Regulation on organization and functioning of the National Commission of Historical Monuments, approved by order of the Minister culture and national heritage. ... (3) The area commissions of historical monuments have 11 members, and their presidents are members of the National Commission of Historical Monuments. ... ---------- Alin. ((3) of art. 34 34 has been amended by section 6 6 of art. unique of ORDINANCE no. 10 10 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (4) The composition of the area commissions of historical monuments is approved by order of the Minister of Culture at the proposal of the specialized department of the Ministry of Culture. Within them will be included the chief architects of the counties, namely the chief architect of Bucharest. The composition of the area commissions will include at least one architect, an archaeologist, an art historian and a builder engineer. ... ---------- Alin. ((4) of art. 34 34 has been amended by section 6 6 of art. unique of ORDINANCE no. 10 10 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (5) The area commissions of historical monuments have the following tasks: ... a) substantiate and propose the elements specific to the regional strategy on the protection of historical monuments ... b) formulate the priorities for the protection of historical monuments at regional level, in order to assess and ensure the necessary funds; ... c) analyze and propose to the National Commission of Historical Monuments the ranking or declassification of historical monuments in their regions of competence in group A or B, as the case may be; ... d) propose the opinion on urban planning and spatial planning for the establishment, delimitation and regulation of the construction of protection areas of historical monuments classified in group B or areas built protected with monuments historical classification in Group B; ... e) propose the approval of general urban plans, zoning and detailed urban plans relating to historical monuments, their protection zones or protected built areas that do not include isto monuments ... ---------- Lit. e) of art. ((5) of art. 34 34 has been amended by section 4.2 7 7 of art. unique of ORDINANCE no. 10 10 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. f) propose the approval of the detailed urban plans and execution projects in the areas of protection of historical monuments of group A and in the protected areas with historical monuments classified in group A, for which there are regulations in force approved according to art. 26 26 para. ((1) pt. 7 7; ... ---------- Lit. f) of art. ((5) of art. 34 34 has been amended by section 4.2 7 7 of art. unique of ORDINANCE no. 10 10 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. g) propose the opinion for the technical documentation comprising research papers, investigations, technical expertise, technical projects and execution details for the historical monuments classified in Group B, which does not involve the intervention on the components artistic, for the documentation on the areas of protection of historical monuments and protected built areas; ... ---------- Lit. g) art. ((5) of art. 34 34 has been amended by section 4.2 7 7 of art. unique of ORDINANCE no. 10 10 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. h) propose the opinion for the documentation for maintenance works and current repairs to the historical monuments ranked in group A, which do not bring changes of architecture as the works are carried out with materials and working techniques specific to the era of edification of the historical monument that do not involve intervention on artistic components. ... ---------- Lit. h) a art. ((5) of art. 34 34 has been amended by section 4.2 7 7 of art. unique of ORDINANCE no. 10 10 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. i) perform other tasks given in the competence, according to the provisions laid down in the Regulation of organization and functioning of the National Commission of Historical Monuments. ... (6) The devolved service of the Ministry of Culture may issue the opinion referred to in ((5) lit. e)-h) only in the form proposed by the National Commission of Historical Monuments or, as the case may be, by the Zonal Commission of historical monuments. ... ---------- Alin. ((6) of art. 34 34 has been introduced by section 8 8 of art. unique of ORDINANCE no. 10 10 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (7) The devolved service of the Ministry of Culture may ask the Zonal Commission for historical monuments to review the proposals for its opinion in the cases provided by par. ((5) lit. e)-h). ... ---------- Alin. ((7) of art. 34 34 has been introduced by section 8 8 of art. unique of ORDINANCE no. 10 10 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. + Article 35 (1) Within the Ministry of Culture and National Heritage shall be constituted, by order of the Minister of Culture and National Heritage, within 30 days from the date of entry into force of this Law, a collective of control for the activity to protect historical monuments. ... (2) The control team for the activity of protecting historical monuments has the following tasks: ... a) control, under the law, documents and documentation of any kind regarding the preservation, restoration and protection of historical monuments; ... b) ascertains the violation of the legal provisions in the field of conservation, restoration and protection of historical monuments and proposes to take the necessary legal measures; ... c) has access, under the law, to any historical monument, as well as to the research or conservation-restoration sites of historical monuments; to this end, the competent bodies of the state have the obligation to support the staff of the collective in exercise of tasks ... d) make proposals for sanctioning, under the law, of the deviations found. ... (3) In carrying out the duties provided in par. (2), the control collective for the activity of protecting historical monuments has the right to request and receive information and documents, under the law, from any natural or legal person, this having the obligation to act request within 15 calendar days from the date of issue of the application. ... + Title IV Responsibilities of owners of historical monuments and local public administration authorities + Chapter I Obligations and rights of owners of historical monuments + Article 36 (1) In order to protect historical monuments the owners and holders of the right of administration or of other real rights to historical monuments are obliged: ... a) to maintain, to use and to exploit the building only in compliance with the provisions of the present law and of the Obligation on the use of the historical monument, according to art. 17 17; ... b) ensure the security, integrity and protection of historical monuments, take measures to prevent and extinguish fires, ensure the carrying out of conservation, consolidation, restoration, current repair and maintenance works in the law; ... c) to notify urgently, in writing, the direction for culture, cults and national county cultural heritage, respectively of the city of Bucharest, as well as the mayor of the city or of the respective commune about any changes or degradations in the state physics of historical monuments owned and located in the territory of the administrative-territorial unit; ... d) to notify urgently, in writing, the direction for culture, cults and national county cultural heritage, respectively of the city of Bucharest, as well as the mayor of the city or of the respective commune about the chance discovery of any construction, construction elements, fixed or mobile inventory parts or a previously unknown archaeological vestige, ensuring the preservation of discoveries under the law, until the arrival of the delegate of the specialized institution, but not for more than 15 days; ... e) to ensure, under the law, the access of specialists designated by the Ministry of Culture and National Heritage or by the directions for culture, cults and national cultural heritage, in order to find the state of preservation or for carrying out research, including archaeological, of expertise of historical monuments and for the operations of record; ... f) if they request the download of the archaeological task building, to finance the excavation, the archaeological research, the elaboration of the related documentation, the preservation and protection of the possible vestiges discovered on the occasion of the research archaeological; ... g) obtain the opinions provided by law for all the interventions provided in art. 23 23; ... h) to ensure the performance of conservation, consolidation, restoration works, as well as any other works, according to the legal provisions, only by natural or legal persons attested in this regard and to provide in contracts the conditions and the execution time limits contained in the expert opinion; ... i) comply with all the conditions and deadlines of execution contained in the specialized opinion when carrying out current maintenance works themselves or any other interventions, according to the provisions of this law; ... j) allow, on the basis of contractual provisions, the execution of interventions on historical monuments held, if they are initiated and financed by legal persons empowered under the conditions of this law; ... k) to allow the installation and to maintain the distinctive mark that marks the quality of historical monument of the building; ... l) to obtain the opinion of the department for culture, cults and national cultural heritage, respectively of the city of Bucharest, and to ensure on its own responsibility appropriate conditions of visitation, shooting, filming, reproduction and advertising where, at their request, the owners introduce historical monuments in the public circuit; ... m) to communicate to the department for culture, cults and national cultural heritage, respectively of the city of Bucharest, any change of the holder of the ownership, administration or other real rights, as the case may be, on the monuments historic. ... (2) By way of derogation from the provisions of paragraph ((1) lit. h), the construction works subject to authorization, to the historical monuments of category B, except for works on artistic components, may also be carried out by uncertified natural or legal persons, provided that the opinions of specialty. ... (3) If, in fulfillment of the obligations provided in par. ((1) lit. e), the owners of the historical monuments find the damage, they are entitled to a fair compensation, paid within 60 days from the finding by the institutions that have carried out the research or expertise. ... (4) With regard to the alienation, rental or concession of buildings historical monuments their owners have the following obligations: ... a) to notify in writing the direction for culture, cults and the county national cultural heritage, respectively of the city of Bucharest, about the intention to alienate the historical monument, in order to exercise the right of preemption of its state, as the case may be, of the administrative-territorial unit, under the conditions ... b) to notify the future owner, tenant or concessionaire the legal regime of the historical monument he owns, as well as the Obligation on the use of the historical monument; ... c) to notify in writing the direction for culture, cults and national county cultural heritage, respectively of the city of Bucharest, about the change of the owner or administrator within 15 days from the date of conclusion of the contracts, according to the law, and transmit it a copy of the papers. ... + Article 37 (1) For the protection of historical monuments in private property of natural or legal persons, the Ministry of Culture and National Heritage, the devolved public services of the Ministry of Culture and National Heritage and the local public administration authorities, as the case may be, can ensure, at the request of the owners, free of charge, expert advice, under the law ... (2) Where the State or local public authorities provide financial support, it shall consist in the partial or total coverage of the costs of technical studies and documentation, as well as, where appropriate, of the intervention works on the monuments historic. ... + Article 38 (1) The financial contribution of the state, consisting of amounts allocated through the budget of the Ministry of Culture and National Heritage to the protection of historical monuments, regardless of the holder, may cover all or part of the cost of the works of protection of historical monuments. ... (2) The financial contribution of the county, municipal, city and communal councils, as the case may be, may cover in whole or in part the cost of intervention works on historical monuments belonging to Group B, as well as, individually or by co-financing, the cost of works to protect historical monuments belonging to group A, located on the territory of the respective administrative-territorial unit. ... (3) The financial contribution of the State and local public administration authorities may be ensured by co-financing, as well as in partnership, including with its owner with other natural or legal persons. ... (4) The situations in which the state, namely the local public administration authorities, contribute to cover the costs of the works mentioned in par. (1)-(3), the proportion of the state's contribution, the procedures, as well as the conditions that the owner must meet, other than the state, municipality, city or commune, shall be established by methodological norms approved by Government decision, at Proposal of the Ministry of Culture and National Heritage and the Ministry of Public Finance, within 3 months from the date of entry into force of this Law. ... (5) In the situations and under the conditions provided in par. (4), at the time of allocation of financial support in the amount of the contribution of the state or local public administration authorities on the historical monument building in question, a real estate guarantee is constituted for a period of 10 years in favour the state and the administrative-territorial units. ... (6) The real estate guarantee provided in par. ((5) shall be fully recovered from the beneficiary of the State's contribution or, as the case may be, of the local public administration authorities, together with the related interest, in the event that the property concerned was disposed of by the owner of another person than the state or authority of the local public administration before the 10th anniversary of the establishment of the real estate guarantee. ... (7) The establishment of the real estate guarantee in favour of the state or administrative-territorial units is exempt from stamp duty. ... (8) On the date of completion of the 10-year term the real estate guarantee established on the property shall be extinguished ... + Article 39 (1) The cost of design, expertise, conservation, repair, consolidation, restoration and enhancement of historical monuments, regardless of the group in which they are ranked, or of other buildings in ensembles or historical sites, located in public or private property, included in programs of national or international importance, established by Government decision initiated at the proposal of the ministries involved in their realization, can be fully covered the state budget or administrative-territorial units, by the budget of the authorising officers credits participating in the implementation of programmes. ... (2) To cover the cost of works provided in par. (1) it is not mandatory to provide guarantees by the beneficiaries of the contribution. ... (3) The works provided in par. (1) are works of national public interest, for which the fee for the issuance of the urbanism certificate and the building permit is not due. ... + Article 40 To stimulate the protection of historical monuments, private owners who realize at their own expense, in whole or in part, maintenance, repair, preservation, consolidation, restoration, enhancement, and programs and programs cultural projects benefit, under the law, to reduce by at least 50% the amount of taxes and fees related to these works due to local budgets. + Article 41 ((1) Abrogat. ... ---------- Alin. ((1) of art. 41 41 has been repealed by section 6.6. 15 15 of para. ((1) art. 502 of LAW no. 227 227 of 8 September 2015 published in MONITORUL OFFICIAL no. 688 688 of 10 September 2015. ((2) Abrogat. ... ---------- Alin. ((2) of art. 41 41 has been repealed by section 6.6. 15 15 of para. ((1) art. 502 of LAW no. 227 227 of 8 September 2015 published in MONITORUL OFFICIAL no. 688 688 of 10 September 2015. (3) According to the law, local councils can reduce the tax on unbuilt areas of land with historical monument regime, depending on the area affected and the period of making historical monuments available to the public for visitation, as well as specialized research institutions. ... + Article 42 (1) Are exempt from the payment of stamp duties natural or legal persons who acquire by inheritance an immovable property classified as a historical monument, used as a dwelling or for non-commercial activities, and who undertake in writing to the direction for culture, cults and national cultural heritage in whose territory of competence is the immovable property in question to execute, within 12 months, the restoration and consolidation works established by technical documentation approved and approved in the law. ... (2) In justified situations and with the opinion of the department for culture, cults and national cultural heritage, respectively of the city of Bucharest, the term provided in par. ((1) may be extended only once more than 12 months. ... (3) In case of non-fulfilment under the conditions and within the time limits provided in (1) and (2) of the obligations assumed by the owner to acquire the property, as well as in the case of alienation of the property before the performance or conclusion of the consolidation or restoration works, the stamp duty shall be recovered by the general direction of the finances public, based on the note of finding of the direction for culture, cults and national cultural heritage, respectively of the city of Bucharest. ... (4) The provisions of par. (1)-(3) shall also apply to those who acquire by donation an immovable property classified as a historical monument. ... (5) The free or onerous alienation to the state or to the administrative-territorial units of the historical monuments is exempt from the payment of stamp duties. ... + Article 43 The owners of historical monuments are exempt from the payment of the authorization fee of the interventions executed, in accordance with the provisions of the present law, on the historical monuments held, if they use the immovable property only for non-commercial activities or, directly, only for living. + Article 44 The owners of the buildings in the historic monument protection area benefit from the 50% reduction of the authorization fees for the works they finance and that are necessary for the preservation of the physical integrity and the framework built or natural of historical monuments, as regulated by the urban planning or landscaping documentation, approved for the respective protection zone, or by the opinion of the direction for culture, cults and cultural heritage county national, respectively of Bucharest municipality. + Chapter II Tasks of local public administration authorities + Article 45 (1) In order to protect historical monuments and to comply with the legal provisions in this field, the local public administration authorities have the following tasks: ... a) cooperate with the specialized bodies and public institutions with responsibilities in the field of protection of historical monuments and ensure the implementation and observance of their decisions; ... b) ensure the protection of historical monuments, located in the public or private domain of the municipality, respectively the city or commune, as well as those abandoned or in dispute, allocating financial resources for this purpose; ... c) cooperate with other owners or administrators of historical monuments; ... d) can be associated with each other, as well as with natural or legal persons for the realization of works to protect historical monuments and can establish for this purpose public institutions and services of local interest; ... e) participate in the financing of works to protect historical monuments, providing distinctly the necessary amounts for this purpose in the budgets they manage; ... f) include in the programs of economic-social and urban development, respectively of spatial planning, specific objectives regarding the protection of historical monuments, elaborates, updates and approves the documentation of spatial planning and urban planning on historical monuments or protected areas containing historical monuments; ... g) take the necessary technical and administrative measures to prevent the degradation of historical monuments; ... h) include in the structure of the own apparatus specialized compartments or, as the case may be, posts or tasks of precise service in the field of protection of ... i) elaborates the annual plans for the management and protection of historical monuments on the territory of the administrative-territorial unit that are registered in the World Heritage List and ensure their monitoring through their own staff. ... (2) The authorities of the local public administration have the obligation to carry out the studies of substantiation, delimitation and establishment of the areas of protection of historical monuments, using only specialized personnel attested. ... + Article 46 (1) In order to protect historical monuments from administrative-territorial units of competence, the local councils have the following tasks: ... a) collaborate with the direction for culture, cults and national county cultural heritage, respectively of the city of Bucharest, providing it with all the updated information in the field of protection of historical monuments; ... b) in order to prepare or modify the general urban plans or the zoning urban plans of the localities, ensure the elaboration of the documentation for the delimitation of the protection areas of historical monuments; ... c) provide, within 12 months from the ranking of historical monuments, the budgetary funds necessary for the elaboration of urban planning and planning documentation and related regulations; ... d) elaborates the urban planning regulations for the areas of protection of historical monuments and for protected built areas and approves them only on the basis and under the conditions of the Ministry of Culture and National Heritage or the services Deconcentrated public of the Ministry of Culture and National Heritage, as appropriate; ... e) elaborates or, as the case may be, approves programs or administrative, budgetary or special fiscal measures to prevent the degradation of historical monuments and protected areas in the respective municipality, city or commune, in compliance with the opinion of the Ministry Culture and Religious Affairs or the devolved public services of the Ministry of Culture and National Heritage, as the case may be; ... f) at the request of the department for culture, cults and national cultural heritage, respectively of the city of Bucharest, together with the police bodies, prohibit the movement of heavy vehicles and the transport of explosive materials in the area protection of historical monuments; ... g) collaborate with specialized compartments of other local public administration authorities where historical monuments and their protection zones are located on the territory of several administrative-territorial units. ... ((2) On the date of issue of construction or abolition permits, for works to be carried out at historical monuments, in their protection zones or in protected built areas, the issuing authorities of the authorizations shall transmit copies of these documents to the devolved public services of the Ministry of Culture and National Heritage. ... + Article 47 The Mayor has the following tasks: a) verify the existence of all specialized opinions in the field of historical monuments and the compliance of the authorization with their provisions, as well as the fulfillment of the provisions contained in the Obligation on the use of the legal provisions, ensure the authorization of all the conditions contained in the opinions to the authorization of works on historical monuments and on buildings located in their protection area, respectively to the issuance for them operating authorization; ... b) take measures for the priority authorization of technical documentation referring to interventions on historical monuments; ... c) orders the stop of any construction or dissolution works in the event of discovery of archaeological vestiges, decides and, as the case may be, organizes their security and announces in the shortest time the direction for culture, cults and cultural heritage national county, respectively of the city of Bucharest; ... d) ensure through its own specialized contribution and in collaboration with the direction for culture, cults and national county cultural heritage, respectively of the city of Bucharest, the application of distinctive marks and logos of historical monuments and control their maintenance by the owner; ... e) provides security and protection of historical monuments in the public and private domain of the state and administrative-territorial units, as well as historical monuments abandoned or in dispute, signalling emergency to the direction for culture, cults and national cultural heritage, respectively of the city of Bucharest, any case of non-compliance with the law; ... f) ensures the performance, together with the public fire services, of actions to prevent and extinguish fires at historical monuments. ... + Article 48 The county councils and the General Council of Bucharest have the following tasks: a) cooperate with the direction for culture, cults and national county cultural heritage, respectively of the city of Bucharest, communicating all the information regarding the historical monuments located in their territory of competence; facilitates the communication between the directions for culture, cults and the county national cultural heritage, respectively of the city of Bucharest, and the local councils of the cities and communes in the territory of the county, respectively of the sectors Bucharest; ... b) initiates, with the opinion of the Ministry of Culture and National Heritage, the expropriation procedure for the cause of public utility in order to protect historical monuments, in situations and in compliance with the conditions provided by law; ... c) supports and directs the activity of local councils of communes or cities, which have not organized services in the field or specialized posts in their own apparatus for the protection of historical monuments inscribed in the List of historical monuments of Group B and located in their administrative territory; ... d) repealed. ... ------------ Letter d) of art. 48 48 has been repealed by art. III of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009. + Title V Financing the protection of historical monuments + Article 49 (1) The protection of historical monuments shall be financed by the owners or their holders and may be co-financed by funds provided from the state budget, local budgets or other sources. ... (2) The research, expertise, design and execution works that are carried out at historical monuments and which are financed by public funds are subject to the general regime for the award of public works, design and execution, according to public procurement law. ... + Article 50 (1) The authorities of the local public administration are obliged to provide in their budgets the necessary funds in order to protect the historical monuments located in the public or private property of the administrative-territorial units. ... (2) The central public authorities shall provide in their own budgets the funds approved by the state budget for the protection of historical monuments in public or private property of the state, which they manage. ... (3) In the budget of the Ministry of Culture and National Heritage: ... a) budgetary credits necessary for the financing of works on historical monuments under the administration of the National Heritage Institute; ... ------------- Letter a) a par. ((3) of art. 50 50 has been amended by letter i) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009 by replacing the phrase "National Office of Historical Monuments" with the phrase "National Heritage Institute". b) budgetary credits necessary for the financing or co-financing of works to protect historical monuments located in the public property of the state or administrative-territorial unit; ... c) budgetary appropriations for the financing or co-financing of works to protect historical monuments owned by private individuals or legal entities. ... (4) Of the revenues made from the sale of tickets and from the rental fees of the land, as a result of the organization of events such as performances, fairs or amusement parks, a percentage of 1% turns to its owner the holder of the right of administration, as the case may be, of the historical monument in whose protection zone the manifestation is organized; the amounts thus obtained will be used exclusively to finance the works to protect the historical monument in question. ... + Article 51 (1) Within 90 days from the date of entry into force of this law, the stamp of historical monuments is established, which is managed, under the law, by the Ministry of Culture and National Heritage through the National Heritage Institute. ... ------------- Alin. ((1) of art. 51 51 has been amended by letter i) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009 by replacing the phrase "National Office of Historical Monuments" with the phrase "National Heritage Institute". (2) The amount of the stamp of historical monuments and the ways of collecting, collecting, turning, using and highlighting the amounts resulting from its application shall be established by methodological norms elaborated by the Ministry of Culture and Heritage National in collaboration with the Ministry of Public Finance and approved by Government decision. ... (3) The timbre of historical monuments is mandatory for: ... a) illustrated postcards, envelopes, postmarks, maps, leaflets, brochures, magazines, tourist guides, books, albums, atlases, encyclopedias, artistic and documentary films, videotapes, compact-discs, slides, videos, bank cards and telephone cards marketed in Romania, representing individualized historical monuments or in ensembles, through photographic images or graphic representations of interior or exterior; ... b) admission tickets, including shooting or shooting fees, for historical monuments made available to the public, in whole or in part, owned or in use by private law legal persons who carry out economic activities; ... c) admission tickets to cultural, sports or leisure events, fairs and exhibitions held in spaces located in their protection zone or in protected built areas; ... d) repealed. ... ----------- Letter d) a par. ((3) of art. 51 51 has been repealed by letter e) a art. 32 of EMERGENCY ORDINANCE no. 77 77 of 24 June 2009 , published in MONITORUL OFFICIAL no. 439 439 of 26 June 2009. (3 ^ 1) A percentage of 3% of the amounts collected to the state budget from economic operators carrying out activities in the field of gambling will be directed annually to the Ministry of Culture for the financing of restoration, conservation and consolidation at historical monuments; the amount will be transferred to the Ministry of Culture until the 31st of May of the current year for the previous year. ---------- Alin. (3 ^ 1) of art. 51 51 was introduced by art. unique from LAW no. 109 109 of 26 May 2016 published in MONITORUL OFFICIAL no. 406 406 of 30 May 2016. (4) The stamp of historical monuments shall be collected from economic operators, publishers or producers, from owners, holders of the right of administration or of other real rights to buildings located in the area of protection of historical monuments in the protected areas or from the beneficiaries of the income, as appropriate. ... (5) It is exempted from the payment of the stamp of the museums operating in buildings historical monuments or in their protection zones. ... (6) By way of derogation from the provisions of paragraph (3) and (4), may be exempted from the payment of the stamp duty of historical monuments economic operators who, through the activities they carry out, contribute to the protection of historical monuments with an amount at least equal to the one they owe to payment the stamp duty of historical monuments. ... + Article 52 (1) The funds obtained from the application of the historical monuments stamp shall be used by the National Heritage Institute exclusively for: ... ------------- The introductory part of para. ((1) of art. 52 52 has been amended by letter i) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009 by replacing the phrase "National Office of Historical Monuments" with the phrase "National Heritage Institute". a) the granting of credits under the conditions of 28 28 para. ((3) lit. b) and c), with priority for emergency intervention works at historical monuments, depending on the strategy of protecting historical monuments; ... b) financing the elaboration of technical-economic regulations, norms and methodologies on the elaboration of specific documentation, execution of works, procurement, contracting and settlement of works on historical monuments; ... c) financing of facilities in order to prepare historical monuments for free visitation, as well as for the realization of cultural programs or projects. ... (2) The amount of the stamp of historical monuments shall be determined by Government decision and shall be updated, annually, by order of the Minister of Culture and National Heritage. ... + Title VI Sanctions + Article 53 Violation of the provisions of this law attracts, as the case may be, civil, administrative, material, disciplinary, contravention or criminal liability. + Article 54 Repealed. ------------ Article 54 was repealed by art. 92 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 55 (1) It constitutes contraventions to the regime to protect historical monuments the following facts, if, according to the law, it does not constitute crimes: ... a) execution of works on a building after the beginning of the ranking procedure or on a historical monument, without the opinion of the Ministry of Culture and National Heritage; ... b) the violation by the owner or by the holder of the right of administration of a historical monument of the obligations provided in art. 36 36; ... c) neviration of the stamp of historical monuments, as well as of the taxes and charges provided by this law; ... d) organization of the events provided in art. 9 9 para. ((5) and (6), failing the agreement of the competent authority; ... e) failure to specify in the urbanism certificate the need to obtain the opinion of the Ministry of Culture and National Heritage or its devolved services, as the case may be, for the proposed works on historical monuments in the protection zone of or in protected areas; ... f) the issuance of building or abolition permits for works on historical monuments in protected areas, without the opinion of the Ministry of Culture and National Heritage or of the devolved services, as the case may be. ... (2) Contraventions provided in par. ((1) lit. a), e) and f) shall be sanctioned with a fine of 5,000 lei to 10,000 lei, and those mentioned in par. ((1) lit. b)-d) is sanctioned with a fine of 4,000 lei to 8,000 lei. ... ((3) Contraventions to the regime of protection of historical monuments shall be prescribed within 3 years from the date of their commission. ... + Article 56 The level of fines provided in art. 55 can be updated by Government decision. + Article 57 (1) Contraventions are found and fines shall be applied by the specialists of the departments for culture, cults and national cultural heritage, respectively of the city of Bucharest, by the powers of the Ministry of Culture and National Heritage, by territorial inspectors of the State Inspectorate of Construction or inspectors of the Ministry of Public Finance, as the case may be. ... (2) For the contraventions provided in art. 55 55 para. ((1) lit. a) and b) the finding and application of fines can also be made by the mayor, the president of the county council and their powers or by the police bodies, as the case may be. ... + Article 58 Contraventions provided for in art. 55 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Title VII Transitional and final provisions + Article 59 Until the establishment of the protection zone of each historical monument according to art. 9 it is considered the area of protection the area delimited with a radius of 100 m in urban localities, 200 m in rural localities and 500 m outside the localities, measured from the outer limit, by the jury-around the historical monument. + Article 60 (1) The list of monuments, ensembles and historical sites, approved by the National Commission of Monuments, Assemblies and Historical Sites in 1991-1992, with subsequent amendments and completions, remains in force. Within 3 years from the date of entry into force of this law, the National Heritage Institute will update the List of historical monuments, according to the duties established by art. 27 27 para. ((3). ... ------------- Alin. ((1) of art. 60 60 has been amended by letter i) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009 by replacing the phrase "National Institute of Historical Monuments" with the phrase "National Heritage Institute". (2) The devolved public services of the Ministry of Culture and National Heritage are obliged to notify, in writing, the owners or holders of real rights to historical monuments about the special legal regime of buildings in cause and convey the obligation on the use of the historical monument. ... + Article 61 On the date of entry into force of this Law, paragraph 2 of Article 10 of Law no. 112/1995 for the regulation of the legal situation of some buildings with the destination of housing, passed into state property, published in the Official Gazette of Romania, Part I, no. 279 of 29 November 1995, shall be amended as follows: "(2) There are also exempted from sale the dwellings that had the destination of guest houses, of the protocol, as well as those used as residences for the former and current dignitaries." + Article 62 The date of entry into force of this Law shall be repealed Government Emergency Ordinance no. 228 228 of 24 November 2000 on the protection of historical monuments, published in the Official Gazette of Romania, Part I, no. 616 of 30 November 2000, as well as any other provisions to the contrary. Note ...
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NOTE:
We reproduce below the provisions art. III and IV of Law no. 259/2006 to amend and supplement Law no. 422/2001 on the protection of historical monuments, which are not incorporated in the republished text of the Law no. 422/2001 and which continue to apply as own provisions of the Law no. 259/2006 .
"" Art. III. -Within 3 months from the date of entry into force of this law, within the General Inspectorate of the Romanian Police of the Ministry of Administration and Interior, specialized structures are organized in the prevention, discovery and tracking illegal acts that concern historical monuments, their protection zones, as well as protected built-up areas.
Art. IV. -Within 3 months from the date of entry into force of this law, the central and local public administration authorities shall communicate to the Ministry of Culture and Religious the historical monuments and protection areas they propose for declaration of national or local public interest, according to the law. "
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