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Law No. 488 Dated December 28, 2006 On Modification And Completion Of The Law Nr. 182/2000 For Protection Of The National Cultural Heritage Mobile

Original Language Title:  LEGE nr. 488 din 28 decembrie 2006 pentru modificarea şi completarea Legii nr. 182/2000 privind protejarea patrimoniului cultural naţional mobil

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LEGE no. 488 488 of 28 December 2006 to amend and supplement Law no. 182/2000 on the protection of national cultural heritage
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 10 10 of 8 January 2007



The Romanian Parliament adopts this law + Article I Law no. 182/2000 on the protection of national mobile cultural heritage, published in the Official Gazette of Romania, Part I, no. 530 of 27 October 2000, as amended and supplemented, shall be amended and supplemented as follows: 1. Article 1 shall read as follows: "" Art. 1. --(1) The present law establishes the legal regime of goods belonging to the national mobile cultural heritage, as part of the national cultural heritage, and regulates the specific activities to protect them. (2) The national cultural heritage includes all the goods identified as such, regardless of the ownership regime on them, which is a testimony and an expression of the values, beliefs, knowledge and traditions evolution; it includes all the elements resulting from the interaction, over time, between human and natural factors. " 2. Article 2 shall read as follows: "" Art. 2. -(1) The state guarantees the property and ensures, according to the law, the protection of assets belonging to the national mobile cultural heritage. (2) The exercise of the right of property and other real rights, as well as of the right of administration on a good of the national mobile cultural heritage is subject to the regulations of this law. (3) The State shall ensure, according to the law, the material basis and financial resources necessary to protect the national cultural heritage (4) For the purposes of this Law, the protection of the national mobile cultural heritage means the set of measures having a scientific, legal, administrative, financial, fiscal and technical nature, aimed at ensuring identification, research, inventory, the ranking, preservation, security, maintenance, preparation, restoration and enhancement of the national mobile cultural heritage, in order to ensure democratic access to culture and the transmission of this heritage to generations Future. ((5) The protection of the national mobile cultural heritage is carried out through public administration authorities, specialized institutions, such as museums, public collections, memorial houses, archives and libraries, cults religious and ecclesiastical institutions, as well as non-governmental organizations with activity in the field 3. Article 3 shall read as follows: "" Art. 3. -(1) The national mobile cultural heritage is made up of goods of historical, archaeological, documentary, ethnographic, artistic, scientific and technical, literary, cinematographic, numismatic, philatelic, heraldic, bibliophile, cartographic and epigraphic, representing material testimonies of the evolution of the natural environment and of human relations with it, of the potential human creator and of the Romanian contribution, as well as of national minorities to universal civilization. (2) The goods that make up the national mobile cultural heritage are: 1. Archaeological and historical-documentary goods, such as: a) land and underwater archaeological finds, tools, ceramics, inscriptions, coins, seals, jewelry, pieces of clothing and harnesses, weapons, funeral insignia, except for samples of building materials, materials from the sites, which constitute archaeological samples for expert analysis; b) elements from the dismantling of historical monuments; c) material and documentary testimonies on political, economic, social, military, religious, scientific, artistic, sports or other fields; d) manuscripts, incunabula, rare books and old books, books with bibliophile value; e) documents and prints of social interest: archival documents, maps and other cartographic materials; f) objects with memorial value; g) objects and documents with numismatic value, philatelic, heraldry: coins, ponduri, decorations, badges, seals, patents, postmarks, flags and banners; h) epigraphic parts; i) photographs, photographic clichés, films, audio and video recordings; j) musical instruments; k) military uniforms and their accessories; l) objects of technical value; 2. goods of artistic significance, such as: a) works of fine art: painting, sculpture, graphics, drawing, engraving, photography and others; b) works of decorative art and applied from glass, ceramics, metal, wood, textiles and other materials, ornaments; c) cult objects: icons, embroidery, orfevrarie, furniture and others; d) design projects and prototypes; e) primary materials of artistic, documentary and animation films; f) monuments of public forum, artistic components exhibited in the open air; 3. goods with ethnographic significance, such as: a) tools, household and household items; b) pieces of furniture; Ceramics; d) textiles, port parts, leather; e) other objects made of metal, wood, bone, stone, glass; f) objects of worship; g) ornaments; h) ensembles of ethnographic objects; i) monuments in outdoor ethnographic museums; 4. goods of scientific importance, such as: a) rare specimens and collections of zoology, botany, mineralogy and anatomy; b) game trophies; 5. goods of technical importance, such as: a) unique technical creations; b) rarities, regardless of the mark; c) prototypes of devices, devices and machines in the current creation; d) technical creations with a memorial value; e) achievements of the popular technique; f) compact molds-discs, CD-ROM, DVD and the like. " 4. Article 4 shall read as follows: "" Art. 4. -The assets belonging to the national mobile cultural heritage are part, depending on their importance or historical significance, archaeological, documentary, ethnographic, artistic, scientific and technical, literary, cinematic, numismatic, philatelic, heraldry, bibliophile, cartographic and epigraphic, of their seniority, uniqueness or rarity, of: a) the treasury of the mobile national cultural heritage, hereinafter referred to as the treasury, made up of cultural assets of exceptional value for humanity; b) the fund of the mobile national cultural heritage, hereinafter referred to as a fund, made up of cultural assets with special value for Romania. 5. In Article 6, paragraphs 1 and 3 shall read as follows: "" Art. 6. -(1) The Ministry of Culture and Religious Affairs and the National Commission of Museums and Collections coordinate the specific activities in the field of mobile national cultural heritage. .................................................................... (3) The Ministry of Culture and Religious Affairs represents the Romanian state in domestic and international relations that have as their object the national mobile cultural heritage. " 6. Article 8 shall read as follows: "" Art. 8. -Public authorities, owners, holders of other real rights, as well as holders of the right of administration on goods belonging to the national mobile cultural heritage have the obligation to protect them against any commission acts or omissions that may lead to their illegal degradation, destruction, loss, absconding or export. " 7. The title of Chapter II shall read as follows: "" CHAPTER II Research, inventory and ranking " 8. Article 9 shall read as follows: "" Art. 9. -The research activity, carried out by scientific researchers in specialized public institutions, holders of goods belonging to the national mobile cultural heritage, has as object the scientific research, development and valorisation of the national mobile cultural heritage, mainly of the one held by that institution. " 9. Article 10 shall read as follows: "" Art. 10. -For the purposes of this law, the classification means the procedure for establishing movable cultural assets that are part of the legal categories of the national mobile cultural heritage, treasury and fund. " 10. In Article 11, point 1, points a) and e) shall read as follows: "" a) for movable cultural assets owned by the State or administrative-territorial units and managed by public institutions, autonomous kings, national companies, national companies or other companies in which the State or a local public administration authority is a shareholder; .................................................................... e) for mobile cultural goods discovered by chance or within the framework of archaeological, ethnological, paleontological or geological research; ". 11. in Article 11, point 1, after letter h), two new letters, letters i) and j) are inserted, with the following contents: "" i) for the movable cultural goods to be restored; j) for mobile cultural goods subject to the onset of criminal investigation. " 12. Article 13 shall read as follows: "" Art. 13. -(1) Public institutions holding mobile cultural assets belonging to the national mobile cultural heritage have the obligation to inventory these goods, both analytically, by the standard sheet, according to the norms issued by the Ministry of Culture and Religious Affairs, and synoptic, through the data bank, containing and imaging archive. (2) The public authorities under which the institutions holding assets belonging to the national mobile cultural heritage operate have the obligation to provide the necessary financial resources, in order to inventory the information of the goods. (3) Cultural goods in the collections managed by specialized institutions, cults and ecclesiastical institutions are inventoried according to the provisions of this law. " 13. In Article 14, paragraphs 1 and 2 shall read as follows: "" Art. 14. -(1) The Ministry of Culture and Religious Affairs shall communicate, in writing, to the owner, to the holder of other real rights or, as the case may be, to the holder of the right of administration the ranking order, within 10 days of approval. (2) The Ministry of Culture and Religious Affairs shall issue, for each good ranked, a certificate of classification and standard sheet of the object. " 14. Article 15 shall read as follows: "" Art. 15. -(1) The ranking has the effect of enrolling mobile cultural assets in the Inventory of National Mobile Cultural Heritage, in one of the two categories, treasury or fund. ((2) The inventory of the national mobile cultural heritage, drawn up on the basis of the orders concerning the closed mobile cultural assets, the centralization, the computerized record and the administration of the documents which were the basis for its preparation shall be carried out Institute of Cultural Memory. (3) The data on the national mobile cultural heritage, with the exception of the list of mobile cultural assets and their image, have no public destination, without the consent of the owners (4) Data on national mobile cultural heritage can be provided, upon request, by the Institute of Cultural Memory to specialized institutions, researchers and other accredited experts and specialists, in order to carry out specific activities Identification and research. The valorisation of the data thus acquired can only be done with the holder The public communication of the owner's identification data can only be done with its prior consent. (5) The information contained in the inventory provided in par. (1) may be provided to police bodies, prosecution bodies and courts, only for the resolution of cases, in direct connection with the respective mobile cultural goods closed and only in compliance with the legal provisions in matter. " 15. Article 17 shall read as follows: "" Art. 17. -During the procedure of ex officio ranking of a mobile cultural good, it is under the protection regime provided, according to the provisions of this law, for goods classified in the treasury. " 16. In Article 19, paragraph 3 shall read as follows: " (3) The order of declassification is taken into account of the Inventory of the national mobile cultural heritage, proceeding to the deletion of that good from the inventory provided in art. 15 15 para. ((1). ' 17. After Article 19, a new article is inserted, Article 19 ^ 1, with the following contents: "" Art. 19 19 ^ 1. -The passage of a mobile cultural asset from one category of national mobile cultural heritage to another can only be done in compliance with the same procedures provided for the ranking. " 18. In Article 21, paragraph 1 shall read as follows: "" Art. 21. -(1) The order of classification, declassification or passing from one category to another of the national cultural heritage of a mobile cultural good may be challenged by the owner or the holder of the right of administration at the Ministry of Culture and Religious Affairs, within 30 days of communication. " 19. After Article 21, a new article is inserted, Article 21 ^ 1, with the following contents: "" Art. 21 21 ^ 1. -(1) The publicly owned movable property, owned by national companies, national companies or other companies with full or majority state capital, which shall be privatized, shall be subject to the ranking procedure. before the privatisation process is triggered. (2) The Authority for the valorisation of the State's assets or, as the case may be, the central or local public authority that privatizes a legal person from those provided in (1) has the obligation to announce, 30 days before, the triggering of the privatization procedure, in writing, to the devolved public service of the Ministry of Culture and Religious Affairs in whose territorial area the company is based. (3) Within 10 days from the date of registration of the communication provided in par. (2), the devolved public service of the Ministry of Culture and Religious Affairs will check with the legal person in the process of privatization the movable cultural assets likely to be closed and, if necessary, will trigger the ranking procedure. (4) Mobile cultural goods classified as a result of the situation provided for in this Article shall be given in the administration of a specialized public institution, designated by the National Commission of Museums and Collections. " 20. In Article 22 (2), letter b) shall read as follows: "b) entrust the execution of restoration works exclusively to restorers accredited by the National Commission of Museums and Collections." 21. In Article 22, paragraph 4 shall read as follows: " (4) I am an exception to the provisions of para. ((1) lit. e) owners, natural and legal persons of private law, who can afford, under contractual conditions, in compliance with the norms of preservation and restoration of the closed mobile cultural goods, the use of movable cultural assets classified, in substance the organization of performances, fashion parades and as theatrical and cinematic props. " 22. In Article 24, paragraph 1 shall read as follows: "" Art. 24. -(1) Public institutions have the obligation to allow access to accredited experts and specialists, as well as researchers to mobile cultural assets held in administration, for conducting studies and specialized works, under conditions mutually agreed. " 23. In Article 27, paragraphs 1 to 4 shall read as follows: "" Art. 27. -(1) The works for the preservation and restoration of movable cultural assets are carried out only by accredited conservatives and restorers, on the basis of a contract concluded according to the provisions of the common law. (2) Accreditation of conservatives and restorers performing conservation and restoration work of the ranked mobile cultural assets is done by the National Museum and Collections Commission, according to the conservatives ' accreditation rules and restorers (3) Based on the accreditation obtained, the Ministry of Culture and Religious Affairs issues free practice certificates to conservatives and restorers, according to the rules of accreditation of conservatives and restorers. (4) Laboratories and workshops carrying out conservation and restoration works of the ranked mobile cultural assets operate on the basis of an authorization issued by the Ministry of Culture and Religious Affairs, with the opinion of the National Museum of Museums and Collections, according to the rules on the authorization of laboratories and conservation and restoration workshops. " 24. Article 34 shall be repealed. 25. In Article 35, paragraphs 1 and 2 shall read as follows: "" Art. 35. -(1) The public sale of privately owned mobile cultural goods or the intermediation of sale shall be carried out only through authorized economic operators, in compliance with the provisions of this law. ((2) Authorization of economic operators referred to in par. (1) is made by the Ministry of Culture and Religious Affairs, with the opinion of the National Commission of Museums and Collections, in compliance with the rules on trade in mobile cultural goods. " 26. In Article 37, paragraph 4 shall read as follows: "(4) The temporary export for the mobile cultural goods classified in the treasury, regardless of the owner or the holder of the right of administration, will be endorsed by the National Commission of Museums and Collections and will be approved by the Minister of Culture and Religious Affairs." 27. In Article 40, paragraph 1 shall read as follows: "" Art. 40. -(1) The movable cultural goods classified in substance, owned by private or legal persons governed by private law, may be definitively exported, only in the framework of an exchange of cultural goods, of comparable value and significance, which may be unique or rarities for the museum heritage in Romania. " 28. In Article 40 ^ 1, paragraph 1 shall read as follows: "" Art. 40 40 ^ 1. -(1) By derogation from the provisions of art. 38 38 para. (1), the movable cultural assets classified in the fund, in the private domain of the state, respectively of the counties, municipalities, towns or communes, can be definitively exported, only in the framework of an exchange of cultural goods of the same importance and cultural significance and only in exceptional cases, in which the historical, scientific or cultural interest prevails. " 29. After Article 44, a new article is inserted, Article 44 ^ 1, with the following contents: "" Art. 44 44 ^ 1. -(1) The publicly owned, publicly owned, mobile cultural goods that are taken out of service can be capitalized by the legal entities of public ownership, only by submitting free of charge to the Ministry of Culture and Religious Affairs, to be assigned to specialised public institutions. (2) Destructuration, dismantling or, as the case may be, the fragmentation of the goods provided in (1), in order to remove them from service, it is prohibited. " 30. In Article 45, paragraph 1 shall read as follows: "" Art. 45. -(1) Archaeological, epigraphic, numismatic, paleontological or geolithic goods, discovered in systematic research with archaeological or geological purpose or in the framework of archaeological or preventive research, such as and those discovered by chance through works of any nature, carried out in places that are the exclusive object of public property, according to art. 136 136 para. (3) of the Romanian Constitution, republished, shall enter into public property, according to the legal provisions. " 31. In Article 46, paragraph 1 shall read as follows: "" Art. 46. -(1) Systematic, as well as preventive or rescue archaeological research conducted by legal persons, are authorized, coordinated and controlled by the National Archaeological Commission and the Ministry of Culture and Religious Affairs, according to the legislation in the field of protecting archaeological heritage. " 32. In Article 47, paragraph 6 shall read as follows: "" (6) The issuance of the certificate on the issue of the archaeological task of a land, as well as the financing of the necessary preventive archaeological research, regardless of the property regime of the land, is mandatory before any can affect the site and is carried out according to the provisions of the legislation on the protection of archaeological 33. In Article 48, paragraphs 2 and 4 shall read as follows: " (2) The mayor is obliged to notify the deconcentrated public service of the Ministry of Culture and Religious Affairs, within 72 hours, of the discovered goods, while taking measures to guard and preserve them. .................................................................... (4) The authors of the random discoveries, who taught, under the conditions provided in par. (1), the goods discovered, are entitled to a monetary reward of 30% of the value of the good, calculated at the time of granting the reward, and, in the case of archaeological finds of exceptional value, an additional bonus of up to 15% of the value of the good. " 34. The title of Chapter VII shall read as follows: "" CHAPTER VII Financing of specific activities to protect the mobile national cultural heritage " 35. In Article 49, paragraph 1 shall read as follows: "" Art. 49. -(1) Financing activities of discovery, collection, research, expertise, ranking, inventory, storage, preservation, preparation, restoration, protection and enhancement of the mobile cultural assets ranked, regardless of owner, the holders of other real rights and the holders of the right of administration, can be made by the Ministry of Culture and Religious Affairs, the Ministry of Education and Research, the central and local public administration authorities, the Romanian Academy and other institutions public, as the case may be, from their own income and from budgetary allocations. " 36. Article 51 shall read as follows: "" Art. 51. -(1) The discovery, collection, research, expertise, ranking, inventory, storage, preservation, preparation, restoration, protection, acquisition and enhancement of the national mobile cultural heritage are carried out through organisms and specialized institutions, which have general and special competences in the field, as well as through natural or legal persons, under the conditions of this law. (2) Individuals, who do not hold certificates of attestation of expert quality, issued by the Ministry of Culture and Religious Affairs, but who are authorized as technical expert by other central public administration authorities, may carry out surveys, in the conditions of this law, only on the basis of their prior accreditation, by the National Commission of Museums and Collections. " 37. Article 52 shall read as follows: "" Art. 52. -(1) The National Commission of Museums and Collections is the scientific advisory and advisory body of the Ministry of Culture and Religious Affairs and is led by a president appointed, by order of the Minister of Culture and Religious Affairs, of specialists with recognized authority in the field. (2) The National Commission of Museums and Collections is made up of 21 specialists, appointed by order of the Minister of Culture and Religious Affairs, for a period of 4 years, proposed by: a) Chairman of the Commission-6 members b) specialized public institutions and collectors of mobile cultural goods-7 members; c) cults, Romanian Academy and public institutions of higher education profile-7 members. (3) The National Commission of Museums and Collections operates on the basis of a regulation of organization and functioning, developed by the members of the Commission and approved by order of the Minister of Culture and Religious Affairs. (4) The National Commission of Museums and Collections shall be constituted from subcommittees for the fields provided for in art. 3. The Secretary of the Commission and the Secretaries of Sub-Committees shall be appointed from the Department of Culture and Religious Affairs. The subcommittees operate according to the regulation of the National Commission of Museums and Collections, provided in ((3). The chairs of the subcommittees are vice-presidents of the National Commission of Museums and Collections. (5) The National Commission of Museums and Collections can choose as honorary members specialists from the country or abroad, scientific personalities of international recognition from the field of protection of national mobile cultural heritage and of the museography, which are proposed by the President and which are validated by the simple majority vote of the Commission. (6) The financing expenses of the National Commission of Museums and Collections shall be made from the budget of the Ministry of Culture and Religious Affairs. Members of the National Commission of Museums and Collections receive a monthly allowance, for the months it meets, representing 20% of a secretary of state's salary, plus the settlement of participation expenses in the works. Commission. ' 38. After Article 52, a new article is inserted, Article 52 ^ 1, with the following contents: "" Art. 52 52 ^ 1. -(1) 8 zonal commissions of museums and collections are established, as decentralized scientific bodies of the National Commission of Museums and Collections. (2) The attributions, the number, the territory of competence, the organization and functioning of the area commissions of museums and collections are established by the Regulation on the organization and functioning of the National Commission of Museums and Collections. (3) The area commissions of museums and collections have 7 members, and their presidents are members of the National Commission of Museums and Collections. (4) The composition of the area commissions of museums and collections is approved by order of the Minister of Culture and Religious Affairs, which is published in the Official Gazette of Romania, Part I. (5) The monthly allowance of each member of a zoning commission, for the months in which the Commission works, shall represent 20% of the salary of a State Secretary, plus the settlement of the costs of participation in the works of the Commission. " 39. In Article 58, letters b) and d) shall read as follows: "" b) administer the databases on the computerized record and circulation of mobile cultural goods, as well as the National Archaeological Repository; .................................................................... d) researches and capitalizes on documentary, including through publication, the information contained in the database on mobile cultural goods and in the National Archaeological Repertoire and provides expert assistance, on a contract basis, on the valorisation documentary-scientific information held, with the consent of the owners and with the opinion of the National Commission of Museums and Collections; ". 40. In Article 58, after letter f) a new letter, letter g) is inserted, with the following contents: " g) establish, administer and publish on the Internet, on the basis of the information provided by the Ministry of Culture and Religious Affairs, the Register of Destroyed, Disappeared, Stolen or Illegally Exported 41. Article 58 ^ 1 shall read as follows: "" Art. 58 58 ^ 1. -This chapter regulates the return by the Romanian state of cultural assets that have illegally left the territory of a Member State of the European Union, since 1 January 1993, and transposes the provisions Directive 93 /7/EEC of the Council of 15 March 1993 on the return of cultural goods illegally leaving the territory of a Member State, published in the Official Journal of the European Communities (JOCE) no. L 074 of 27 March 1993. The categories to be included in the cultural goods covered by this Chapter are set out in the Annex which forms an integral part of this Law. " 42. Article 58 ^ 2 shall read as follows: "" Art. 58 58 ^ 2. -(1) For the purposes of this chapter, cultural property shall be understood, as the case may be, the property belonging to: a) treasury or fund, being ranked in one of these legal categories before or after illegal leaving of the territory of Romania; b) the treasury of a Member State of the European Union, in accordance with the legislation of that State, being ranked in this category before or after illegal leaving of the territory of a Member State of the European Union; c) public collections included in the patrimony and inventories of museums, archives and funds of libraries in Romania or in one of the Member States of the European Union; d) the patrimony and inventories of religious cults and ecclesiastical institutions in Romania or one of the Member States of the European Union; e) one of the categories included in the Annex to this Law. ((2) For the purposes of this Chapter, public collections shall designate the collections which are the property of the Member States of the European Union, local or regional authorities of the Member States of the European Union or of public institutions in the territory of a Member State of the European Union, institutions defined as public under the legislation of that State of the European Union, these institutions being significantly financed or owned by that State or in the property of local or regional authorities. " 43. Article 58 ^ 3 shall read as follows: "" Art. 58 58 ^ 3. -(1) For the purposes of this Chapter, the illegal departure of the territory of a Member State of the European Union shall designate, as appropriate a) the exit of a cultural asset from the territory of a Member State of the European Union, in violation of the legislation of this state on the protection of cultural goods b) failure to become at the end of a temporary legal export or any violation of one of the conditions of this temporary export of a cultural asset. (2) For the purposes of this Chapter, the holder of the cultural property who has illegally left the territory of a Member State of the European Union shall be understood as the natural or legal person who holds, physically, in his own name, the cultural asset. ((3) For the purposes of this Chapter, the holder of the cultural property who has illegally left the territory of a Member State of the European Union means the natural or legal person who holds, physically, the cultural property, on behalf of another natural or legal persons other than the rightful owner of that property. " 44. In Article 58 ^ 4, paragraph 1 shall read as follows: "" Art. 58 58 ^ 4. -(1) If in the context of a criminal investigation, carried out under the law, indications are discovered that a cultural asset, which is found on the territory of the Romanian state, has illegally left the territory of a Member State of the European Union, the Prosecutor's Office The High Court of Cassation and Justice shall notify the State concerned, under Law no. 302/2004 on international judicial cooperation in criminal matters, with subsequent amendments and completions. " 45. Article 58 ^ 5 shall read as follows: "" Art. 58 58 ^ 5. --(1) Any Member State of the European Union may ask the Prosecutor's Office of the High Court of Cassation and Justice, under the conditions Law no. 302/2004 , with subsequent amendments and completions, carrying out research in order to discover the place where it is located, as well as the owner or holder of a determined cultural good. The application shall contain data on the description of the cultural property subject to the application, as well as information on the actual or presumptive location of the cultural property. (2) If, under the conditions of par. (1), the cultural asset is discovered, the Prosecutor's Office of the High Court of Cassation and Justice notifies this Member State of the European Union, owner of the property, and the prosecutor asks the competent court to order measures on the transmission of the cultural property concerned to a specialised institution for preservation under the conditions Law no. 302/2004 ,, as amended and supplemented. " 46. In Article 58 ^ 6, after paragraph 2, three new paragraphs are inserted, paragraphs 3 to 5, with the following contents: " (3) The competent Romanian authorities shall take all necessary measures to prevent any attempt to circumvent the procedure for the return of the cultural property which has illegally left the territory of a Member State of the European Union. (4) The competent Romanian authorities will act as mediator between the holder or, as the case may be, the holder of the cultural property who has illegally left the territory of a Member State of the European Union and the requesting State for the return of the cultural property respectively, without prejudice to the right of the requesting State to take action in court, with a view to the return of the cultural property. (5) The competent Romanian authorities shall inform the requesting State of the initiation of the procedure for the safe return of that cultural property. " 47. in Article 58 ^ 7, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) The Romanian Government, through the Ministry of Culture and Religious Affairs, will present to the European Commission, every 3 years, a report on the actions introduced regarding the return of cultural assets that have illegally left the territory of a Member State of the Union European. " 48. In Article 58 ^ 12, paragraph 1 shall read as follows: "" Art. 58 58 ^ 12. -(1) The Ministry of Culture and Religious Affairs may ask any state, under the law, to conduct research in order to discover its whereabouts, as well as to identify the owner or holder of a certain cultural asset that has left illegal territory of Romania; the application must include data on the description of the cultural good, as well as information on the presumptive location of the cultural good in question. " 49. In Article 58 ^ 12, after paragraph 1, two new paragraphs are inserted, paragraphs 1 ^ 1 and 1 ^ 2, with the following contents: "" (1 ^ 1) The action in the restitution of the cultural good that left the territory of the Romanian state illegally can be introduced by the Ministry of Culture and Religious Affairs. ((1 ^ 2) The categories from which the cultural goods covered by this Chapter are to be included are set out in the Annex to this Law. " 50. After Article 58 ^ 12, three new articles are introduced, Articles 58 ^ 13 to 58 ^ 15, with the following contents: "" Art. 58 58 ^ 13. -(1) The Ministry of Culture and Religious Affairs shall take measures for the return to the applicant State of the cultural property which has illegally left its territory and for the applicant State to pay the compensation granted by the court of the judgment of the owner or the holder of good faith, as well as the specialized institution which carried out the expenditure on the preservation of the cultural good (2) The Ministry of Culture and Religious Affairs shall take measures for the return to the country of cultural assets that have illegally left the territory of the Romanian state, as well as for the Romanian state to carry out the part of the compensation granted by the court to the owner or owner of the property, as well as to the specialised institution which carried out the expenditure on the preservation of cultural Art. 58 ^ 14. -The Ministry of Culture and Religious Affairs has the right to action in retrogression against the person responsible for the illegal exit of the cultural good from the territory of the Romanian state, if the cultural asset was recovered, and the Romanian state was obliged to pay compensation to the holder or to the detective and, as the case may be, to the specialized institution that carried out the expenses on the material preservation of the cultural Art. 58 ^ 15. -The Ministry of Culture and Religious Affairs will notify the competent authorities of the Member States of the European Union of the recovery of cultural assets that have illegally left the territory of Romania. " 51. In Article 60 (1), letters g) and h) shall read as follows: " g) failure by the authorities to fulfill their obligations according to the provisions of art. 21 ^ 1 para. ((2); h) establishment and operation of economic operators specialized in the marketing of mobile cultural goods, without the authorization of the Ministry of Culture and Religious Affairs, issued according to 35 35 para. ((2); '. 52. In Article 60, paragraphs 2 to 4 shall read as follows: " (2) Contraventions provided in par. ((1) lit. a) and b) are sanctioned with a fine of 2,000 lei to 10,000 lei. (3) Contraventions provided in par. ((1) lit. c)-f) is sanctioned with a fine of 4,000 lei to 20,000 lei. (4) Contraventions provided in par. ((1) lit. g)-r) is sanctioned with a fine of 6,000 lei to 24,000 lei. " 53. In Article 65, paragraph 1 shall read as follows: "" Art. 65. -(1) Execution of children, casts, post-ume circulation or facsimile on movable cultural goods classified, without the written consent of the holder of the right of administration or of the owner, according to art. 26 26 para. ((1) or (2), as the case may be, shall constitute a criminal offence and shall be punishable by imprisonment from one to three years or a fine. " 54. Article 66 shall read as follows: "" Art. 66. -The execution of falsehoods of movable cultural property, for commercial purposes or for any other purpose, is a criminal offence and shall be punishable by imprisonment from one to five years. " 55. in Article 69, after paragraph 3, a new paragraph (4) is inserted, with the following contents: "(4) The attempt is punishable." 56. Article 71 shall read as follows: "" Art. 71. -Provide confidential data on the mobile national cultural heritage to other natural or legal persons than those provided in art. 15 15 para. ((4) and (5) constitute a crime and shall be punished with imprisonment from 6 months to one year or fine. " 57. Article 72 shall read as follows: "" Art. 72. -The passage of a mobile cultural good from a legal category of cultural heritage to another, as well as the declassification of a mobile cultural good, without respecting the procedures provided in art. 19 and 20, constitutes a crime and is punishable by imprisonment from 6 months to one year or fine. " 58. In Article 73, paragraph 1 shall read as follows: "" Art. 73. -(1) Perform by unauthorized natural or legal persons, according to art. 46, of detections or excavations in archaeological sites constitutes a crime and is punishable by imprisonment from 2 to 7 years and confiscation of detectors. " 59. Article 74 shall read as follows: "" Art. 74. -Execution by individuals, without accreditation and certificate of free practice, provided in art. 27 27 para. (2) and (3), of conservation or restoration works of movable cultural goods classified constitute a crime and shall be punished with imprisonment from 6 months to one year or with a fine. " 60. Article 75 shall read as follows: "" Art. 75. -Operation without the authorization provided for in art. 27 27 para. (4) of laboratories or workshops that carry out restoration and preservation of movable cultural property classified as a criminal offence and shall be punished with imprisonment from 6 months to one year or fine. " 61. Article 76 shall read as follows: "" Art. 76. -The melting or modification, in any form, of the closed mobile cultural goods, which are held with any title by the National Bank of Romania, by the State Mint or by the other banks constitutes a crime and is punishable by imprisonment from one to five years. " 62. Article 78 (b) shall be repealed. 63. After Article 86, an Annex shall be inserted as follows: "" ANNEX CATEGORIES OF CULTURAL GOODS what can be subject to the refund, respectively of recovery, within the meaning of the head. VIII ^ 1 and VIII ^ 2 1. Archaeological objects older than 100 years, which come from: a) archaeological, terrestrial or underwater discoveries and excavations; b) archaeological sites; c) archaeological collections. 2. Elements from the dismantling of an artistic, historical or religious monument, which is an integral part of it, older than 100 years. 3. Picts or paintings made entirely by hand, in any technique and on any type of support. 4. Mosaics, other than those included in section 1 1 or in section 2, and drawings made entirely by hand, in any technique and on any type of support. 5. Original engravings, stampe, serigraphs and lithographs, impreuma with the moulds and the first printed copies of them. 6. Original production of statuary art or sculptures and copies executed by the same procedure as the original, other than those included in item 1. 1. 7. Photos, films and their negatives. 8. Incunabula and manuscripts, including maps and musical scores, as individual specimens or in collections. 9. Books older than 100 years, as isolated specimens or in collections. 10. Printed maps older than 200 years. 11. Archives and components thereof, of any type, in any technique, having elements older than 50 years. 12. a) Collections and specimens coming from collections of zoology, botany, mineralogy or anatomy. b) Collections with historical, paleontological, ethnographic or numismatic significance. 13. Means of transport older than 75 years. 14. Any other mobile cultural good not included in the categories provided for in item 1-13 1-13, older than 50 years. " + Article II In the contents Law no. 182/2000 on the protection of the national mobile cultural heritage, with subsequent amendments and completions, the term direction/county/county directions for culture and national cultural heritage and the county/county direction/directions for culture, cults and national cultural heritage, respectively of the city of Bucharest, will be replaced by the phrase public services of the Ministry of Culture and Religious Affairs. + Article III In the contents Law no. 182/2000 on the protection of the mobile national cultural heritage, with subsequent amendments and completions, the phrase National Research Laboratory in the field of Conservation and Restoration is replaced by the phrase National Research Institute in Conservation and Restoration. + Article IV Law no. 182/2000 on the protection of national mobile cultural heritage, published in the Official Gazette of Romania, Part I, no. 530 of October 27, 2000, with subsequent amendments and completions, as well as with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, under the conditions of art. 77 77 para. (2), in compliance with art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, 28 December 2006. No. 488. _________