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Law No. 26 Of 29 February 2008 On The Protection Of Intangible Cultural Heritage

Original Language Title:  LEGE nr. 26 din 29 februarie 2008 privind protejarea patrimoniului cultural imaterial

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LEGE no. 26 26 of 29 February 2008 on the protection of intangible cultural heritage
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 168 168 of 5 March 2008



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The present law establishes the general framework necessary for the identification, documentation, research, protection, preservation, promotion, enhancement, transmission and revitalization of elements of intangible cultural heritage, characteristic defining human communities as a factor for social cohesion and economic development. (2) The present law cannot be used, in whole or in part, by any natural or legal person to obtain the protection of an element of intangible cultural heritage through the normative acts governing the property industrial or copyright. + Article 2 Within the meaning of the present law, the following terms and expressions are defined as follows: a) intangible cultural heritage-the totality of practices, representations, expressions, knowledge, skills-together with the tools, objects, artifacts and cultural spaces associated with them-that communities, groups or, after case, individuals recognize them as an integral part of their cultural heritage; b) traditional cultural expressions-forms of manifestation of human creativity with material, oral expression-art forms of the word and traditional verbal expressions-forms of musical expression-songs, dances, popular games-forms of syncretic expression-customs, rituals, celebrations, ethnoiatry, games of children and traditional sports games-forms of the popular creation in the technical field, as well as crafts or traditional technologies; c) living human treasures-the honorary title that can be conferred on those persons who are recognized by the community as creators and transmitters of elements of an area of intangible cultural heritage, in the form and with the means unaltered traditional; d) the distinctive traditional brand-the specific element of authenticity of the traditional cultural expression that it defines as representative for a group of creators, traditional craftsmen or craftsmen, keepers or transmitters of elements of intangible cultural heritage. + Article 3 The intangible cultural heritage is passed down from generation to generation, constantly recreated by communities and human groups, in interaction with their nature and history, giving them a sense of identity and continuity, contributing to the the same time to promote respect for cultural diversity and human creativity. + Article 4 The main features of the intangible cultural heritage are: a) the anonymous nature of the origin of creation; b) the transmission of information by way of information; c) keeping in particular within the family, group and/or community; d) delimitation according to the following criteria: territorial, ethnic, religious, age, sex and socio-professional; e) perception as intrinsically linked to the groups and/or communities in which it was created, preserved and transmitted; f) realization, interpretation or creation of elements of intangible cultural heritage within the group and/or community, in compliance with traditional forms and techniques. + Article 5 The intangible cultural heritage can be made up of events belonging to the following areas: a) traditions and verbal expressions, having the language as the main vector of cultural expression; b) performing arts, having as means of expression musical sound and body movement; c) social practices, rituals and festive events, games of children and traditional sports games; d) knowledge and practices relating to nature and to the universe; e) techniques related to traditional crafts. + Chapter II Traditional cultural expressions + Article 6 (1) Traditional cultural expressions are the result of the creative activity of a human community with coherent cultural characteristics that allow the delimitation of other human communities. (2) Traditional cultural expressions include: a) the creation expressed in verbal forms: the story, the fairy tale, the snoave, the legend, the ballad, the ritual and non-ritual lyric, the folk theatre, the oratia, the chant, the riddle, the proverb and the like; b) creation expressed in non-verbal forms: song without accompaniment, vocal, instrumental or game melody, dance and the like; c) the creation expressed in syncretic immaterial forms: the song with instrumental accompaniment, the incantation and the like; d) creation expressed in material forms, called craft products: objects, tools, tools and installations, or made in graphic forms of graphic expression: drawing and decorative pattern. (3) Traditional cultural expressions may also be expressed in the form of recipes or instructions for preparation or preparation of some food, namely chemical substances, or building materials, textiles or the like. + Article 7 (1) If for an occupation within traditional cultural expressions or for an area of intangible cultural heritage there is on the entire territory of Romania persons perceived by their community as the only ones capable of realize those cultural expressions in form and with the traditional means unaltered, those persons receive the title of living human hoards. (2) The title of living human hoard is viager, personal and non-transferable and is granted by the National Commission for the safeguarding of intangible cultural heritage. + Article 8 (1) Creators, folk interpreters and traditional craftsmen, keepers and/or transmitters of elements of intangible cultural heritage, may associate themselves with a view to adopting the distinctive traditional brand. (2) The distinctive traditional mark, which is necessary to identify authentic original folk creations from similar creations in other ethnographic areas of the country and abroad, shall be homologated by the National Center for Conservation and Promotion Traditional Culture, at the express and written request of creators, folk interpreters, traditional craftsmen or keepers/transmitters, with the express and written recommendation of the National Commission for the Safeguarding of Heritage Cultural immaterial. (3) The distinctive traditional mark may also be represented as a graphic insignia. (4) Creators, folk performers and traditional craftsmen enjoy the same tax regime as agricultural producers. (5) Creators, folk performers and traditional craftsmen operate individually or within family associations. + Chapter III Measures to protect intangible cultural heritage + Article 9 (1) The preservation of the traditional cultural life manifestations of the communities-representing a systematic and coordinated approach for the recognition of traditional cultural expressions by specialists in the fields of intangible cultural heritage- is done by adopting the following measures: a) elaboration of strategies to safeguard the elements of intangible cultural heritage; b) the establishment of identification and evaluation criteria, conservation standards and procedures for the enhancement of the traditional cultural expressions of the communities; c) the establishment of advisory commissions, of expertise and approval, intended to certify the value of artistic formations that propose a repertoire of processed or stylized folklore; d) reconstructing the segments of traditional life-material and immaterial-about which communities only hold oral or written documentary information. ((2) The enhancement of the intangible cultural heritage is achieved by: a) support of programs and projects that promote the elements of intangible cultural heritage; b) stimulating community initiatives to revitalize traditional life events with a focus on intangible cultural heritage elements that can become a source of economic development at local, regional or/and national level; c) to support projects for the enhancement of the common intangible cultural heritage in areas and settlements in which they are multi-ethnic communities, to help structure a real picture on the diversity of intangible cultural heritage from the territory of Romania. + Article 10 Measures to protect the intangible cultural heritage provided for by this Law shall not apply to: a) the results of the abusive appropriation of the folk musical creation, whereby the creations of representative interpreters for a culture have been taken over and introduced into the universal and depersonalized circuit; b) records, publications, translations, processing, oral-narrative or poetic manifestations of any kind, which have thus become commercial objects that have lost their cultural identity reference and original meaning; c) mediocre quality commercial products, which have as inspiration the emblematic folkloric motifs for spirituality on the territory of Romania. + Article 11 Within 60 days of the entry into force of this Law, the Ministry of Culture and Religious Affairs shall develop the National Program for the Protection of Intangible Cultural Heritage, which is approved by order of the Minister of Culture and Religious Affairs. + Article 12 (1) The national register of intangible cultural heritage is established, with the role of general inventory, in which the elements that make up the intangible cultural heritage on the territory of Romania are inscribed. (2) The national register of intangible cultural heritage is structured as follows: a) the list of elements of intangible cultural heritage; b) the list of elements of intangible cultural heritage at risk of extinction; c) list of living elements that make up the intangible cultural heritage existing on the territory of Romania (3) The national register of intangible cultural heritage is organized and administered by the National Center for Preservation and Promotion of Traditional Culture. (4) The National Center for Preservation and Promotion of Traditional Culture under the Ministry of Culture and Religious Affairs can collaborate, in order to archive, with specialized bodies and institutions in the country and abroad. + Chapter IV Institutions and bodies with tasks in the field of intangible cultural heritage + Article 13 The national commission for the safeguarding of intangible cultural heritage, the structure without legal personality, subordinated to the Ministry of Culture and Religious Affairs, has powers to coordinate activities to protect and promote cultural heritage immaterial, carried out on the basis of cultural policies of the Ministry of Culture and Religious Affairs. + Article 14 The national commission for the safeguarding of the intangible cultural heritage elaborates the National Programme for Safeguarding, Protecting and Valuing the Intangible Cultural Heritage. + Article 15 The national commission for the safeguarding of intangible cultural heritage confers the title of living human treasures for areas of intangible cultural heritage and makes up the lists of intangible cultural heritage provided in art. 12 12 (2). + Article 16 The organization, operation and duties of the National Commission for the safeguarding of intangible cultural heritage shall be established by order of the Minister of Culture and Religious Affairs. + Article 17 In the field of intangible cultural heritage the Ministry of Culture and Religious Affairs performs the following specific tasks: a) develop policies and strategies in the field; b) coordinate, at national level, the activities of public institutions with tasks in the field of intangible cultural heritage; c) financially support institutions with attributions in activities of identification, preservation, protection and enhancement of elements that make up the intangible cultural heritage; d) supports the promotion of elements of Romanian intangible cultural heritage in Romanian communities abroad; e) supports institutions with attributions in implementing strategies to safeguard elements of intangible cultural heritage. + Article 18 The National Center for Preservation and Promotion of Traditional Culture performs the following tasks in the field: a) initiates and runs projects and programs on conservation activities, protection, enhancement and promotion of intangible cultural heritage on the territory of Romania; b) supports, including financially, the projects, programs and activities of research, conservation, protection, enhancement and promotion of the intangible cultural heritage on the territory of Romania, initiated by natural or legal persons public or private, in accordance with the strategies and policies of the Ministry of Culture and Religious Affairs; c) methodologically coordinate the activity of cultural settlements in the field of intangible cultural heritage; d) collaborate with specialized institutions in order to carry out research programs and activities; e) make permanent education framework programmes in the field of traditional cultural expressions; f) edit and disseminate on any material support books and other publications in the field of intangible cultural heritage, with the consent of the Ministry of Culture and Religious Affairs; g) establish and administer the National Register of distinctive traditional brands; h) homologes the distinctive traditional brands. + Article 19 In specialized institutions in the field of intangible cultural heritage are organized unconventional archives of folklore, in which are collected, inventoried and preserved the most important pieces in the field, by fixing on any kind of support material. + Article 20 In order to organize specific scientific evidence, institutions that have unconventional archives under management have the following obligations: a) comply with the national and international scientific criteria for assessing the value and composition of intangible cultural heritage documents; b) to compile the entire system of cartotecks and sheets required by the scientific method by which it was operated to identify each element of the intangible cultural heritage; c) ensure optimal conditions of preservation and protection of each document bearer of an intangible cultural heritage element, in order to avoid physical degradation and fraudulent use; d) to develop and implement periodic programmes for the research of the stage in which the elements belonging to the intangible cultural heritage are located; e) publish scientific papers on the results of fundamental studies in the field; f) support projects that stimulate the interest of young people in the field of intangible cultural heritage. + Article 21 On the date of entry into force of this Law Government Ordinance no. 19 19 of 31 January 2007 on the protection of intangible cultural heritage, published in the Official Gazette of Romania, Part I, no. 81 of 1 February 2007, shall be repealed. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, February 29, 2008. No. 26. ------------