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Law No. 182 Of 25 October 2000 (Republished) On Mobile National Cultural Heritage Protection *)

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

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LEGE no. 182 182 of 25 October 2000 (* republished *) on the protection of national cultural heritage *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 259 259 of 9 April 2014



_________ Note * *) Republicated pursuant to art. 248 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, corrected in the Official Gazette of Romania, Part I, no. 117 117 of 1 March 2013, as amended, giving the texts a new numbering. Law no. 182/2000 was republished in the Official Gazette of Romania, Part I, no. 828 of 9 December 2008 and subsequently amended and supplemented by: - Law no. 329/2009 on the reorganisation of public authorities and institutions, the rationalisation of public expenditure, the support of the business environment and the observance of framework agreements with the European Commission and the International Monetary Fund, published in the Romania, Part I, no. 761 of 9 November 2009, with subsequent amendments and completions; - Law no. 97/2010 for completion art. 99 99 of Law no. 182/2000 on the protection of national mobile cultural heritage, published in the Official Gazette of Romania, Part I, no. 351 351 of 27 May 2010; - Government Emergency Ordinance no. 12/2011 for the reorganization of institutions subordinated to the Ministry of Culture and National Heritage, as well as to reduce some expenses, approved by Law no. 179/2011 , published in the Official Gazette of Romania, Part I, no. 730 730 of 17 October 2011. + Chapter I General provisions + Article 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. + Article 2 (1) The state guarantees the property and ensures, according to the law, the protection of goods 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 + Article 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 moulds-discs, CD-ROM, DVD and the like. + Article 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 + Article 5 (1) Mobile cultural goods may be public or private property of the state or of administrative-territorial units or private property of individuals and legal entities under private law. (2) On the goods referred to in par. (1) may be constituted, according to the form of property, under the law, a right of administration or other real rights, as the case may be. + Article 6 (1) The Ministry of Culture and the National Commission of Museums and Collections coordinate the specific activities in the field of mobile national cultural heritage (2) It is an exception to the provisions of para. (1) The National Archival Fund of Romania under the administration of the National Archives, as well as in that of the county departments of the National Archives, constituted in accordance with the provisions National Archives Law no. 16/1996 , with subsequent amendments and completions. (3) The Ministry of Culture represents the Romanian state in domestic and international relations that have as its object the national mobile cultural heritage + Article 7 (1) The competent authorities have the obligation to take all steps, according to the legal provisions in force and to the international conventions to which Romania is a party, for the regaining of cultural goods that were illegally exported, were evaded from museums or collections or are held without legal basis abroad. (. The competent authorities shall undertake to participate in any jointly organised international operation on the basis of a cooperation agreement with a view to prohibiting and hindering the illicit import, export and transfer of property of cultural goods. + Article 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 can lead to their illegal degradation, destruction, loss, evading or export. + Chapter II Research, inventory and ranking + Article 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. + Article 10 For the purposes of this law, the ranking means the procedure for establishing movable cultural assets that are part of the legal categories of the national mobile cultural heritage, treasury and fund. + Article 11 The triggering of the procedure for the ranking of mobile cultural goods is: 1. ex officio, in the following situations: 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 the local public administration authority is a shareholder; b) for the movable cultural property owned by religious cults; c) for mobile cultural goods which are the subject of a public sale by auction or by an authorised agent; d) for the movable cultural goods for which the temporary or definitive export is requested; e) for mobile cultural goods discovered by chance or in archaeological, ethnological, paleontological or geological research; f) for confiscated mobile cultural assets; g) for mobile cultural goods which have been the subject of illegal export attempts; h) for mobile cultural goods that have illegally left the territory of Romania; i) for goods in the custody of public institutions, to be returned; j) for the mobile cultural goods to be restored; k) for mobile cultural goods subject to the triggering of a criminal investigation; 2. at the request of individuals and other legal entities of private law, owner of that property. + Article 12 (1) The ranking will be carried out on the basis of an expert report prepared by experts or specialists accredited by the National Commission of Museums and Collections. (2) The classification of a good must be completed no later than 3 months from the moment of the completion of the ranking procedure. (3) The scientific body competent to decide on the ranking proposals is the National Commission of Museums and Collections. (4) The ranking decision will be signed by the President of the National Commission of Museums and Collections and will be approved by order of the Minister of Culture, within the deadline provided in par. ((2). (5) In the ranking decision, the conclusions of the report of expertise ensuring the identification of the respective mobile cultural good, the standard sheet of the object and the black and white or color photography, as the case may be, shall be attached. (6) In the case of mobile cultural goods which have not been proposed at the ranking, the conclusions of the expert report containing the identification data of the goods will be communicated to the owner or holder of other real rights within 30 days of on the date of completion of expertise. (7) The testing of the expertise of mobile cultural goods that have not been proposed at the ranking is done at the National Commission of Museums and Collections within 10 days from the receipt of the notice of the expert or specialist. The resolution of the appeal shall be communicated within 20 days. + Article 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, as well as synoptic, through the data bank, also containing the 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) The cultural goods in the collections managed by the specialized institutions, cults and ecclesiastical institutions are inventoried according to the provisions of this law. + Article 14 (1) The Ministry of Culture 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, within 10 days of approval. (2) The Ministry of Culture shall issue, for each good ranked, a ranking certificate and the standard sheet of the object. (3) The ranking certificate and the standard sheet of the object accompany the ranked good and do not constitute by themselves a title of ownership. + Article 15 (1) The classification has as an effect the registration of movable cultural goods in the Inventory of the 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 National Heritage Institute. (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 National Institute of Heritage of specialized institutions, researchers and other accredited experts and specialists, in order to carry out activities specific 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 assets closed and only in compliance with the legal provisions in matter. + Article 16 (1) The owners, holders of other real rights or of the right of administration and holders with any title of movable cultural property for which the ranking procedure was triggered have the obligation to allow the examination of the respective goods by accredited experts or specialists. (2) Mobile cultural goods may be retrieved for laboratory analysis only in special cases and for specified periods, provided for in the rules for the classification of movable cultural goods, only with the consent of the owners or holders of other real rights, as the case may be; their takeover shall be made on the basis of a receipt-receipt concluded with natural or legal persons, as the case may be, referred to in paragraph ((1) in the form provided by the rules issued by the Ministry of Culture. + Article 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 the goods classified in the treasury. + Article 18 (1) The right of the owner to request the ranking of a mobile cultural good is unforeseeable. (2) If a mobile cultural good has not been ranked, the procedure can be resumed, on request, after a minimum of 3 years; in situations where new supporting elements have appeared, this term can be reduced by the National Commission of Museums and Collections. + Article 19 ((1) Declassification of movable cultural property shall take place at the request of holders of property rights or ex officio, in the following cases: a) invalidation of expertise; b) destruction; c) serious deterioration that cannot be remedied by restoration operations. (2) Declassification follows the procedure established in the ranking. (3) The declassification order is taken into account of the Inventory of the national mobile cultural heritage, proceeding to the deletion of the respective good from the inventory provided in art. 15 15 para. ((1). (4) The order of declassification shall be communicated in writing to the owner, to the holder of other real rights, as well as to the holder of the right of administration + Article 20 The passage of a mobile cultural asset from one category of mobile national cultural heritage to another can be done only in compliance with the same procedures provided for the ranking. + Article 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, within 30 days of communication. (2) The Ministry of Culture is obliged to settle the appeal within 30 days of its registration. ((3) If the owner or holder of the right of administration is dissatisfied with the answer to the appeal addressed to the Ministry of Culture, he may address, under the conditions Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions, to the competent courts. + Article 22 (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 triggering the privatisation process. (2) The Authority for the Administration of State Assets or, as the case may be, the central or local public authority that privatizes a legal person from those provided in par (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 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 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. + Chapter III Keeping, storing and ensuring the security of mobile cultural assets + Article 23 (1) The owners, holders of other real rights or of the right of administration, as well as the holders with any title of the movable cultural goods ranked have the following obligations: a) ensure the best storage, preservation and, as the case may be, storage of the goods, preventing any degradation, damage or destruction thereof; b) not to damage and not to destroy these goods, and in the case of those in metal neither to melt them; c) ensure the security of these goods; d) to notify within a maximum of 5 days the devolved public services of the Ministry of Culture in case of finding an imminent danger of destruction or serious degradation of these goods; e) not to use and not to allow the use of these goods in the organization of performances, fashion parades, as cinematic or theatrical props, as well as in any other purposes that would jeopardize their integrity or expose them to loss, damage or absconding; f) to allow the access of specialists from the devolved public services of the Ministry of Culture for the purpose of finding the state of preservation of these goods; in the case of private persons and legal entities the access of the specialists of the Ministry of Culture's devolved public services will be possible only with the written consent of the owner regarding (2) The owners or holders of the right to manage the mobile cultural goods ranked in this capacity and the following obligations: a) ensure the restoration of goods; b) to entrust the execution of restoration works exclusively to restorers accredited by the National Commission of Museums and Collections. (3) Specialized and non-specialized public institutions, cults, as well as economic operators, who own with any title movable cultural goods, have the obligation to finance the purchase and installation of burglar, fire and fire systems microclimate insurance for the protection of mobile cultural goods. (4) I am an exception to the provisions of para. ((1) lit. e) owners, natural and legal persons of private law, who may allow, under contractual conditions, in compliance with the norms for the preservation and restoration of movable cultural goods classified, the use of movable cultural assets classified in substance, at the organization of performances, fashion parades and as theatrical and cinematic props. + Article 24 The natural and legal persons who hold with any title movable cultural goods classified benefit from free advice from specialized institutions, in order to preserve, preserve and value these goods. + Article 25 (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. (2) In the case of mobile cultural assets located in private property, the consent of the owner is required for the conduct of studies and specialized works. + Article 26 ((1) Copies, casts, post-ume corrations and facsimiles executed from classed mobile cultural goods must be marked visibly so as not to be confused with the original; they shall bear the mention copy, facsimile, tiraj posthumously, the name of the author and the year in which they were made, as well as specifying the collection in which the original is located. (2) The measures provided in par. ((1) are mandatory, regardless of the year in which the copies, casts, post-ume and facsimiles were made and whenever they are brought to the attention of the public. + Article 27 ((1) Copies, casts, posthumous circulation and facsimiles on publicly owned, publicly owned, mobile cultural goods may be executed only with the written consent of the holder of the right of administration, in accordance with the rules endorsed by the Commission National of Museums and Collections. ((2) Copies, casts, posthumous circulation and facsimiles on classed mobile cultural goods, owned by private or legal persons of private law, may be executed only with the written consent of the owner, in accordance with the rules endorsed by the National Commission of Museums and Collections. ((3) The reproduction of mobile cultural goods classified by photo, video or numerical means shall be made with the written consent of the holder of the right of administration or of the owner of the reproduced good, as the case may be (4) Persons who execute children, casts, post-ume circulation and facsimile on classed mobile cultural goods are required to use appropriate techniques and take the necessary measures to not be affected, immediately or in time, integrity and quality. originals. + Chapter IV Preservation and restoration of the mobile cultural assets + Article 28 (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 shall issue to conservatives and restorers certified free practice, according to the rules of accreditation of conservatives and restorers (4) The laboratories and workshops carrying out conservation and restoration works of the closed mobile cultural goods operate on the basis of an authorization issued by the Ministry of Culture, with the opinion of the National Commission of Museums and Collections, according to the rules on the authorization of laboratories and conservation and restoration workshops. (5) In the case of professional error commission, found by the National Commission of Museums and Collections, it will suspend for up to 2 years the accreditation provided in par. (2) or the opinion provided in par. ((4). The Ministry of Culture will take the necessary measures to carry out the decisions of the National Commission of Museums and Collections, and can request it a counter-expertise, at the request of the persons concerned. (6) Legal persons of private law, owners of authorized laboratories or workshops, are obliged to display in a visible place the authorization issued according to the provisions of par. ((4). (7) The further functioning of the existing conservation and restoration laboratories within specialized public institutions, as well as the establishment of new such laboratories is approved by the Ministry of Culture, with the opinion of the National Commission of Museums and Collections. (8) The conservation and restoration laboratories, which operate within the museum public institutions, may carry out such works for other public museum institutions, for individuals or legal entities under public or private law, in compliance with the the conditions provided for in this law; in these cases the applicants will bear the expenses related to these works, under contractual conditions. + Article 29 The restoration of the mobile cultural goods ranked in the treasury is done only with the prior opinion of the National Commission of Museums and Collections and only in the authorized laboratories or workshops, nominated in the opinion. + Article 30 (1) Mobile cultural goods ranked in treasury, regardless of the form of property, which are in imminent danger of destruction or serious degradation, will be subject to restoration and conservation operations by order of the Minister of Culture, based on a Expertise report approved by the National Commission of Museums and Collections. (2) The restoration and conservation operations so arranged will be carried out at the expense of the owner. (3) The amounts used by the owners for restoration and conservation operations ordered in accordance with the provisions of par. ((1) and with those provided in art. 23 23 para. ((2) lit. a) are deductible when calculating income tax or profit, as the case may be. (4) If the owner of the mobile cultural good ranked in thesaurus is a natural person, from whose declaration on his own responsibility it follows that he has no financial possibilities to cover the expenses of restoration and preservation, these operations will be financed, partially or fully, from the state budget or from local budgets, as the case may be, according to the provisions of this law. In the case of subsequent sale of these mobile cultural goods, the costs of restoration and conservation operations will be returned by the owner-seller to the financing institution. + Article 31 (1) The provisions of this Law shall apply accordingly to goods of a cultural value made of precious metals or containing precious or semi-precious stones, which are owned, administered or held with any title of The National Bank of Romania, the State Mint or the other banks. (2) Legal persons listed in par. (1) are obliged to allow the examination of the goods by the specific experts appointed by the Ministry of Culture, who will propose, if necessary, the triggering of the ranking procedure. + Article 32 It is forbidden to melt or modify, in any form, 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. + Chapter V Circulation of mobile cultural goods + Article 33 The mobile cultural goods classified, owned by the state or administrative-territorial units, are inalienable, inalienable and unforeseeable. + Article 34 (1) For the organization of exhibitions or the realization of cultural projects public institutions may borrow, as the case may be, public institutions or legal entities governed by private law in the country, under the conditions of common law, movable cultural assets ranked that they hold in administration, with the opinion of the National Commission of Museums and Collections and the approval of the Ministry of Culture. (2) Individuals and legal entities governed by private law may lend to public institutions or legal entities governed by private law, under the conditions of common law and of this law, movable cultural assets. (3) The mobile cultural goods classified, belonging to religious cults, can be lent to specialized public institutions, under the conditions of common law and the present law, with the approval of the heads of worship. (4) The organizer of the exhibition or the initiator/author of the cultural project responds civil, material, disciplinary, contravention or criminal, as the case may be, of the integrity of the exposed goods, taking all necessary measures to eliminate any risk, in security, conservation, insurance and value-fixing conditions. + Article 35 (1) The public sale of privately owned movable cultural property 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, with the opinion of the National Commission of Museums and Collections, in compliance with the rules on trade in mobile cultural goods (3) Economic operators authorized to trade mobile cultural goods are obliged to display in a visible place the rules on trade in mobile cultural goods. (4) Economic operators authorized to trade mobile cultural goods shall be obliged to hold a register stating, correctly and completely, the name and address of the tenderer, the description and the price of each good. The information contained in the register is confidential. (5) Economic operators authorized to market movable cultural goods shall be required to notify in writing, within 5 days from the date of the offer, the deconcentrated public services of the Ministry of Culture about the existence of goods likely to be ranked. (6) Economic operators authorized to market mobile cultural goods have the obligation within 5 days to inform in writing the owner of the property about the possibility of triggering the ranking procedure. (7) Economic operators authorized to market movable cultural goods shall be obliged, within 3 days from the date of registration in the register of goods classified in the treasury, to communicate in writing to the disconcentrated public service of The Ministry of Culture, in whose territorial area they are based, put them on sale, as well as, as the case may be, transmit a copy of the catalogue edited for the purpose of holding a public tender, regardless of whether the goods auctioned are or are not ranked in the national mobile cultural heritage. + Article 36 (1) The mobile cultural goods, property of private or legal persons governed by private law, classified in treasury, may be subject to a public sale only under the conditions of the exercise of the right of pre-emption by the Romanian State, through the Ministry Culture, and in compliance with art. 35 35 para. ((7). (2) The devolved public services of the Ministry of Culture are obliged to transmit to the Ministry of Culture, within 3 days from the receipt of the written communication of the authorized economic operator, the registration regarding the sale of a good Mobile cultural ranked in treasure. (3) The term for exercising the right of pre-emption of the state shall be a maximum of 30 days, calculated from the date of registration of the communication provided in par. (2), and the purchase value is the one negotiated with the seller or the authorized economic operator or the one resulting from the public auction. (4) The Ministry of Culture shall provide in its own budget the necessary amounts for exercising the right of pre-emption. (5) Failure to comply with par. (1) draws absolute nullity of the sale. + Article 37 ((1) The removal of movable cultural assets over the frontier shall constitute an export operation, which may be temporary or definitive. (. The temporary or definitive export of movable or non-classified movable property shall be carried out only on the basis of the export certificate. (3) The export certificate will be issued by the deconcentrated public services of the Ministry of Culture, under the conditions of this law. (4) The temporary export for the mobile cultural goods ranked 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. (5) The removal from the country, in any way, of movable cultural goods for which the temporary or definitive export certificate, issued under the law, has not been obtained, constitutes an illegal export operation. + Article 38 (1) The mobile cultural goods classified, owned by the state or administrative-territorial units, shall be exported only temporarily and only for the organization of exhibitions abroad, for laboratory investigations, restoration or Expertise. (2) The mobile cultural goods classified in the treasury, owned by private or legal persons under private law, may be exported only temporarily. + Article 39 (1) The movable cultural goods classified in the fund, 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 constitute unique or rarities for museum heritage in Romania. (2) The change provided in par. (1) is approved by order of the Minister of Culture, with the opinion of the National Commission of Museums and Collections (3) The cultural exchange obtained by the exchange provided in par. (1) follows the legal regime of the good given in return. + Article 40 (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. (2) The change provided in par. (1) is approved by Government decision, respectively of the county or local council, as the case may be, with the opinion of the National Commission of Museums and Collections. (3) The cultural exchange obtained by the exchange provided in par. (1) follows the legal regime of the good given in return. + Article 41 (1) In the case of the application for temporary or definitive export of a movable cultural good not left the deadlines provided for in art. 12 12 para. ((2) and in art. 14 14 para. ((1), cumulated, shall be reduced to 30 days. (2) The National Commission of Museums and Collections is obliged to rule, in connection with the ranking of the mobile cultural good, within 30 days from the date of triggering the ranking procedure. + Article 42 Donations having as object mobile cultural goods made to specialized public institutions or religious cults, according to the law, are exempt from any taxes. + Article 43 (1) Individuals or legal entities governed by private law, owners of the listed mobile cultural assets, are required to announce in writing the devolved public services of the Ministry of Culture within 15 days from the date of transfer of such of good in the property of another person, as well as from the date of establishment of a real right on such a good. (2) In the event of loss or theft of the ranked mobile cultural goods, the owners, holders of other real rights, holders of the right of administration, as well as holders with any title of these goods have the obligation to announce, in writing, in hours after the finding, the police body in the territorial area. (3) In the cases provided in par. (2), as well as in the case of total or partial destruction of movable cultural property ranked the owners, holders of other real rights, holders of the right of administration, as well as holders with any title of these goods have the obligation to announces in writing the devolved public service of the Ministry of Culture within 3 days of the finding. (4) After registration of the communication provided in par. (3) the devolved public services of the Ministry of Culture will immediately announce, in writing, the police bodies in the territorial area. + Article 44 (1) The reserve successors are exempt from the inheritance taxes for the ranked mobile cultural assets that are part of the succession table. (2) In the case of other successors, they may cede, in the account of inheritance taxes, such goods, which will enter into public property and will be given, according to the law, in the administration of specialized public institutions, with the opinion of the National of the Museums and Collections. ((3) Donations or legates regarding movable cultural goods, made in favour of the state, administrative-territorial units or religious cults, shall be exempt from any taxes. + Article 45 (1) The publicly owned, publicly owned, mobile cultural goods, which are out of service, can be capitalized by the legal entities of public ownership, only by submitting free of charge to the Ministry of Culture, in order to be allocated 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 operation, it is prohibited. + Chapter VI Legal regime of mobile archaeological goods discovered by chance or by archaeological research + Article 46 (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, as well as 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. (2) From the moment of discovery the goods provided in par. (1) are subject to the ranking procedure, under the conditions of this law, and enter into the administration of the institution that finances or coordinates the research; if the National Commission of Museums and Collections finds that in that institution no the proper conservation and security conditions are met, it will propose to the devolved public service of the Ministry of Culture in whose range the archaeological assets were discovered in the case of other public institutions specialized in the same radius, which meet the corresponding conditions. The devolved public service of the Ministry of Culture will decide on the institution to which the respective archaeological assets will be transmitted. + Article 47 (1) Systematic, as well as preventive or rescue archaeological research carried out by legal persons, are authorized, coordinated and controlled by the National Archaeological Commission and the Ministry of Culture, according to the legislation in the field of the protection of archaeological heritage. (2) Unauthorized individuals or legal entities do not have the right to perform in archaeological sites detections and research or any other interventions that may damage or affect these sites. + Article 48 (1) Archaeological research carried out on private land belonging to natural persons, legal persons of private law or religious cults shall be made only with the consent of the owner and, as the case may be, of the chief of (2) If the owner of the land does not give his consent to conduct archaeological research, they will be authorized by the competent court, at the request of the public authority or the public institution, as the case may be, in The initiator of the archaeological research. (3) The owner of the land is entitled to request the negotiation of a maximum term for carrying out the works and to receive compensation, prior to the start of the works, from the public authorities or from the public institutions subordinated to find out the initiator of archaeological research, for damage to soil, plantations or constructions, as well as for any other damage caused as a result of research carried out. ((4) The compensation shall be determined by agreement with the owner or, in the event of divergence, by the competent courts. (5) The compensation will be borne from the amounts provided in the budgets of public institutions, as the case may be, under which the initiator of archaeological research is located. (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 regarding the protection of (7) Financing of archaeological research for the issuance of the certificate provided in (6), regarding the land in which archaeological goods are found, identified by previous investigations, is provided by the beneficiary of the works. + Article 49 (1) Individuals who have incidentally discovered goods from the category of those provided in art. 46 46 para. (1) are obliged to hand them over, within 72 hours of discovery, to the mayor of the administrative-territorial unit in whose radius the discovery was made. (2) The mayor is obliged to notify the disconcentrated public service of the Ministry of Culture, within 72 hours, of the discovered goods, while taking measures to guard and preserve them. (3) The mayor is obliged to hand over the goods thus discovered, within 10 days, to the devolved public service of the Ministry of Culture. (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 good value. (5) The value of the goods thus discovered shall be determined by the accredited experts of the public service of the Ministry of Culture or, where appropriate, by other accredited experts. (6) Rewards and bonification, established according to par. (4) and (5), will be borne from the budget of the principal authorising officer or local budgets, depending on the subordination of cultural institutions in the administration of which the discovered goods will be transmitted and will be paid no later than 18 months at the time of teaching the good. (7) If the author of the discovery does not receive the reward within the time limit set in par. ((6), it may be addressed to the competent court by an action exempt from the stamp duty. + Chapter VII Financing of specific activities to protect the mobile national cultural heritage + Article 50 (1) Financing the activities of discovery, collection, research, expertise, ranking, inventory, storage, preservation, preparation, restoration, protection and enhancement of the mobile cultural assets ranked, regardless of the owner, of the holders of other real rights and the holders of the right of administration, can be made by the Ministry of Culture, the Ministry of National Education, the central and local public administration authorities, the Romanian Academy and other public institutions, after case, from own income and from budget allocations. (2) The budgetary allowances for the activities referred to in par. (1) will be nominated with these destinations in the budget of the Ministry of Culture, the Ministry of National Education, the budgets of central and local public administration authorities, as well as in the budgets of other public institutions (3) The purchase of mobile cultural goods for specialized public institutions, depending on their subordination, can be made from the amounts provided with this destination in the budgets of the central or local public administration authorities. + Article 51 (1) The incomes managed in the extra-budgetary regime may come from the following sources: a) donations or legates acquired from individuals or legal entities, from the country or from abroad; b) the 5% share established by the local public administration authorities on the sale price of reproductions made from movable cultural property public property and introduced into the commercial circuit; c) the 5% share established by the local public administration authorities on the price obtained from the sales of cultural goods, carried out through auctions, antiquarians, consignations and pawn houses; d) tariffs charged by the devolved public services of the Ministry of Culture for carrying out any requested expertise. (2) The quotas referred to in par. ((1) lit. b) and c) are added to the sales prices of the respective goods. + Chapter VIII Specialised bodies and institutions + Article 52 (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, but who are authorized as technical expert by other central public administration authorities, may realize expertise, under the conditions this law, only on the basis of their prior accreditation, by the National Commission of Museums and Collections. + Article 53 (1) The National Commission of Museums and Collections is the scientific advisory and advisory body of the Ministry of Culture and is headed by a president appointed by order of the Minister of Culture between the authoritative specialists recognized in the field, for a 2-year term. (2) The National Commission of Museums and Collections is made up of 21 specialists, appointed by order of the Minister of Culture, for a period of 2 years, proposed by: 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, prepared by the members of the Commission and approved by order of the Minister of Culture. (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. 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 For the activity performed the members of the National Commission of Museums and Collections receive a monthly allowance established by order of the Minister of Culture, plus the settlement of the participation expenses in the Commission's works. 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. + Article 54 (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, which is published in the Official Gazette of Romania, Part I. (5) The monthly allowance of the members of the area commission, for the months in which the Commission works, shall be determined by order of the Minister of Culture and may not exceed 10% of the monthly allowance of a Secretary of State, plus the settlement expenditure on participation in the Commission's work + Article 55 The National Commission of Museums and Collections has the following duties: a) assess the reports of expertise and decide on the ranking of mobile cultural assets, including those in libraries; b) receives the appeals made by natural and legal persons regarding the procedure for the ranking of mobile cultural goods and makes proposals regarding their settlement; c) endorses the rules for the ranking of mobile cultural goods and the rules on trade in mobile cultural goods; d) endorses the rules on the execution of casts, facsimiles and children, as well as post-ume circulation after the original engraving plates, in the case of closed mobile cultural goods; e) shall endorse the rules for the conservation and restoration of the listed mobile cultural assets and shall establish the priorities for their restoration; f) endorses the rules of accreditation of experts, the accreditation rules of specialists, the accreditation rules of conservatives and restorers, as well as the rules on the authorization of laboratories and conservation and restoration workshops; g) endorses the operation of laboratories and workshops to carry out restoration operations; h) endorses the temporary export of the ranked mobile cultural goods; i) endorse the methodological norms regarding the definitive or temporary export of movable cultural goods; j) endorses the operation of economic operators who sell or organize tenders with mobile cultural goods; k) endorses the regulations governing the organization and functioning of public museums and collections; l) accredits experts, specialists, conservatives and restorers; m) accredits specialists who may have access, under the law, to the information contained in the registers of economic operators authorized to market mobile cultural goods; n) any other powers given in its competence, according to the law. + Article 56 (1) The deconcentrated public services of the Ministry of Culture operate at the level of counties and Bucharest. (2) Within 30 days from the date of entry into force of this Law *), by decision of the Government, initiated by the Ministry of Culture, the county inspectorates for culture shall be reorganized, by merging with the county offices for the patrimony national cultural, in the public services of the Ministry of Culture. ___________ Note * *) The present law entered into force 90 days after October 27, 2000, the date of publication in the Official Gazette of Romania, Part I. + Article 57 The devolved public services of the Ministry of Culture have the following tasks in the field of protecting the national a) draw up the database on the bookkeeping of the mobile cultural goods classified within their territorial area; b) records requests for the ranking of movable cultural assets held by non-specialized institutions, religious cults, other legal entities, as well as individuals; c) carry out the necessary expertise and draw up the documentation provided by this law, in order to classify mobile cultural goods; d) submit to the National Commission of Museums and Collections the ranking proposals; e) record the notices of change of the owner or holder, in the case of closed mobile cultural goods; f) periodically controls the conservation and security status of the ranked mobile cultural goods, providing expert advice at the request of the owners or holders of other real rights; g) make proposals to include in the priorities of restoration of movable property classified in treasury, located at non-specialized institutions, religious cults, other legal entities than specialized public institutions, as well as individuals; h) verify that economic operators authorized to market movable cultural goods comply with their obligations under this law and the rules issued in its application; i) approve, according to this law, the definitive export of movable cultural goods, issuing, on the basis of expertise, the export certificate drawn up according to the methodological norms on the definitive or temporary export of mobile cultural goods; j) manages, in extra-budgetary regime, the incomes made according to the provisions of art. 51 51 para. ((1) lit. a) and d), as the case may be, as well as the allocations from the state budget, intended to finance the activities provided in art. 50 50 para. ((1); k) collaborate and establish, together with the competent structures of the Ministry of National Defence and the Ministry of Internal Affairs, as the case may be, the measures for the protection of movable cultural assets, in case of armed conflict or natural calamities; l) any other powers given in their competence by this law. + Article 58 The Ministry of Culture ensures the financing of the publishing and publication of the Museum Magazine, as well as other specialized publications in the field of mobile national cultural heritage. + Chapter IX Restitution of movable cultural assets which left the territory of a Member State of the European Union illegally + Article 59 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. + Article 60 (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. + Article 61 (. For the purposes of this Chapter, the unlawful leaving 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. + Article 62 (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, republished, with subsequent amendments and completions. (2) The prosecution body asks the court to order the transmission of the respective cultural property to a specialized institution for preservation. + Article 63 (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 , republished, 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 , republished, with subsequent amendments and completions. + Article 64 (1) The Member State of the European Union, owner of the discovered cultural good, has the right to verify that the respective good is a cultural good, within two months from the date of communication of the notification provided for in art. 62 62 para. ((1) and, as the case may be, art. 63 63 para. ((2). (2) The conservation measures provided for in art. 62 62 para. ((2) and in art. 63 63 para. ((2) cease if the Member State of the European Union concerned does not bring the action into refund within one year from the date on which it became aware of the place of the cultural property and of the identity of the holder or of the detente, in conditions of this Chapter (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. + Article 65 ((1) The action in the restitution of the cultural good that left illegally the territory of a member state of the European Union is introduced by the state interested in the Bucharest Court of Appeal against the owner or the detente of the good. (2) The refund action provided in par. (1) must be accompanied by the following documents: a) the description of the property subject to the refund; b) a declaration that the property subject to the action in return is a cultural asset; c) declaration by the competent authorities of the Member State of the European Union, that the cultural property has left its territory illegally. (. If, on the date on which the action is brought to the refund from the territory of the Member State of the European Union, the applicant is no longer unlawful, the action shall be dismissed as inadmissible. (4) The Romanian Government, through the Ministry of Culture, 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 European Union. + Article 66 (1) The refund action provided for in art. 65 65 para. ((1) shall be prescribed within one year of the date on which the Member State of the European Union has become aware of the location of the cultural property and of the identity of the holder or of the detente, but not later than 30 years from the date of the which the cultural asset has illegally left the territory of the complainant, a member of the European Union (2) In the case of cultural goods belonging to the public collections provided in art. 60 60 para. ((1) lit. c), as well as for ecclesiastical goods which, in the Member States of the European Union, are subject to special protection, in accordance with national laws, the action in restitution shall be prescribed within 75 years, with the exception of the Member States of The European Union in which the action is unforeseeable or in the case of bilateral agreements concluded by Romania with the Member States of the European Union, which set a deadline of more than 75 years. + Article 67 (1) The Bucharest Court of Appeal decides the return of the cultural good if it was established that the good that is the object of the action in restitution is a cultural good in the sense of art. 60 and that leaving the national territory of the Member State of the European Union is illegal, under the conditions of art. 61. (2) Under the conditions of paragraph (1), the court decides to grant a fair compensation to the owner of the cultural good, as well as to the specialized institution that carried out the conservation measures provided in art. 62 62 para. ((2) and in art. 63 63 para. ((2), as appropriate. The granting of compensation to the owner is only ordered in case of submission by him of all due diligence on the occasion of the purchase of the respective cultural good. (3) The sentence of the Bucharest Court of Appeal ordering the return of the cultural property and the granting of the compensation provided in par. (2) may be appealed to the High Court of Cassation and Justice within 15 days of the communication. The High Court of Cassation and Justice will judge the emergency appeal. (4) In case of admission of the appeal provided in par. (3), the High Court of Cassation and Justice, casing the sentence, will retry the dispute in substance. (5) Payment of compensation provided in par. (2) falls under the responsibility of the Member State of the applicant European Union, shall be effected at the time of the material remission of the property which has been the subject of the refund and must cover, as appropriate: a) expenses incurred by the owner of good faith in connection with the acquisition and preservation of the cultural property; b) expenses incurred by the specialized institution in connection with the preservation of the cultural good. ((6) The costs arising from the execution of the judgment by which the cultural property is returned shall fall under the responsibility of the Member State of the European Union. ((7) The right of the Member State of the European Union to take possession of the cultural property subject to the refund shall be prescribed within 3 years from the date on which the court decision ordering the return of that good remained final and irrevocable, if within this period the applicant Member State does not pay the compensation provided in par. ((2). + Article 68 The Member State of the European Union shall be entitled to action in retrogression against the person responsible for the illegal exit of the cultural property on its territory, where the cultural property has been returned in accordance with Article 3. 67 67 para. ((1), as well as when the respective state paid the compensation provided in art. 67 67 para. ((2). + Article 69 The exercise of the right to bring the action into restitution shall be without prejudice to the right of the Member State of the European Union to the applicant and, where appropriate, the owner of the cultural property who has left the territory of a Member State to formulate other actions, civil or criminal, in accordance with the national law of that State. + Chapter X Recovery of mobile cultural assets that left the territory of Romania illegally + Article 70 (1) The Ministry of Culture may ask any state, under the law, to carry out investigations in order to discover its whereabouts, as well as to identify the owner or holder of a certain cultural asset who illegally left the territory 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. (2) The action in restitution of the cultural good that left illegally the territory of the Romanian state can be introduced by the Ministry of Culture ((. The categories from which the cultural goods covered by this Chapter are to be included are set out in the Annex to this Law. (4) The recovery of the cultural good thus identified under the conditions of par. ((1) shall be carried out in accordance with the legal procedures agreed (5) The provisions of art. 61 61 shall apply accordingly to the mobile cultural goods in Romania covered by this Chapter. + Article 71 (1) The Ministry of Culture shall take measures for the return to the applicant state of the cultural property that left its territory illegally, as well as for the applicant state to pay the compensation granted by the court of law to the owner or to the holder of good faith, as well as to the specialised institution which carried out the expenditure on the preservation of the cultural (2) The Ministry of Culture 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 share of compensation granted by the court to its the owner of the property, as well as the specialised institution which carried out the expenditure on the preservation of cultural + Article 72 The Ministry of Culture 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 some compensation to the holder or to the confiner and, where applicable, to the specialised institution which carried out the expenditure on the material preservation of the cultural + Article 73 The Ministry of Culture will notify the competent authorities of the Member States of the European Union of the recovery of cultural assets that have left the territory of Romania + Chapter XI Contraventions and offences + Section 1 Contraventions + Article 74 Violation of the provisions of this law attracts disciplinary, material, civil, contravention or criminal liability, as appropriate. + Article 75 (1) It constitutes contraventions, if not committed so that, according to the criminal law, to constitute crimes, the following facts: a) non-compliance by natural or legal persons with private law of the term and conditions provided in art. 43 43 para. ((1); b) non-compliance by natural or legal persons with the deadline set out in art. 43 43 para. ((2) on the communication of loss, theft, total or partial destruction of a ranked mobile cultural good; c) non-compliance by economic operators authorized in the marketing of movable cultural goods of the obligation to display in visible place the rules on trade in mobile cultural goods, provided in art. 35 35 para. ((3); d) non-compliance by economic operators authorized in the marketing of movable cultural goods of the obligation to notify about the existence of movable cultural goods likely to be classified, within the period and conditions provided in art. 35 35 para. ((5); e) non-compliance by individuals with the obligation to teach a mobile cultural good discovered by chance, within the period provided in art. 49 49 para. ((1); f) non-performance by the owners, holders of other real rights, holders of administration rights or holders with any title of movable property classified of the obligations provided in art. 23 23 para. ((1) lit. a), c)-f); g) failure by the authorities to fulfill their obligations according to the provisions of art. 22 22 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, issued 35 35 para. ((2); i) failure by economic operators authorized in the marketing of movable cultural goods of the obligation to draw up the register provided for in art. 35 35 para. ((4); j) non-compliance by economic operators authorized in the marketing of mobile cultural goods of the term and conditions provided in art. 35 35 para. (7) on the sale of movable cultural assets classified in the treasury; k) execution of children, casts, post-ume circulation and facsimiles on mobile cultural goods classified, by natural or legal persons, without compliance with the provisions of art. 26 26 para. ((1); l) realization by natural or legal persons of reproductions by means of photo, video or numerical means of mobile cultural goods classified, without the written consent of the holder of the right of administration or of the owner of the reproduced good, according to art. 27 27 para. ((3); m) the use by natural or legal persons of inappropriate reproduction techniques, likely to affect the integrity or quality of the mobile cultural goods classified, according to art. 27 27 para. ((4); n) failure by the owners and holders of the right to manage the movable cultural goods classified by the obligation provided in art. 23 23 para. ((2) lit. b); o) restoration of mobile cultural goods ranked in treasury, without the opinion of the National Commission of Museums and Collections or outside authorized laboratories or workshops, according to art. 29 29; p) carrying out any works that may affect the archaeological site, before obtaining the certificate on the release of the archaeological task land according to art. 48 48 para. ((6); r) preventing the conduct of research for the release of the archaeological task land according to art. 48 48 para. ((6). (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. (5) The contravention fines may also be applied to legal entities. (6) The limits of contravention fines are updated by Government decision. + Article 76 Copies, casts, posthumous circulation, facsimiles and reproductions by means of photo, video, numerical or other means, executed in violation of the provisions of art. 26 26 times of art. 27 27 para. (3), shall be confiscated by the ascertaining agent and shall be transmitted in the administration of specialized public institutions, with the opinion of the National Commission of Museums and Collections. + Article 77 Finding of contraventions and application of sanctions provided in art. 75 are made by the specialists of the devolved public services of the Ministry of Culture, who, at their request, will be assisted by the police bodies. + Article 78 (1) Against the minutes of finding the contravention and the application of the sanction can be made complaint within 15 days of communication. (2) The complaint against the minutes of finding the contravention and the application of the sanction shall be settled by the court in whose territorial area the contravention was committed. + Article 79 (1) The provisions of this Law, relating to contraventions, shall be supplemented by the provisions 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, except art. 28 28 and 29. (2) The fines are made to the state budget. + Section 2 Offences + Article 80 Execution for commercial purposes 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. 27 27 para. (1) or (2), as the case may be, constitutes a crime and is punishable by imprisonment from 3 months to 2 years or a fine. + Article 81 The execution of falsehoods of the mobile cultural goods ranked, for commercial purposes or if they have been exposed in public, constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine. + Article 82 Degradation, bringing in a state of non-use or destruction, at fault, of a ranked mobile cultural good constitutes a crime and is punishable by imprisonment from one month to one year or with a fine. + Article 83 (1) The conduct of illegal export operations shall be punishable by imprisonment from 6 months to 3 years or with a fine. (2) If the act provided in par. (1) had as a result the loss of a ranked mobile cultural good, the punishment is imprisonment from one year to 5 years. (3) The attempt is punishable. + Article 84 (1) The non-right conduct of any definitive export operations with the object of classified movable cultural goods constitutes a crime and is punishable by imprisonment from one year to 5 years. (2) The attempt is punishable. + Article 85 ((1) The introduction into the territory of the Romanian state, as well as the holding, marketing, organization of exhibitions or any operation on the movement of mobile cultural goods or from the dismantling of immovable cultural goods, which are part the cultural heritage of a foreign state, according to the legal provisions of that state, and which have been illegally exported, shall be punished with imprisonment from 6 months to 3 years or with a fine. (2) The goods referred to in par. (1) shall be preserved and shall be transmitted to specialized institutions, in order to preserve and return the state from whose cultural heritage they belong. (3) The attempt is punishable. + Article 86 Execution by individuals, without accreditation and certificate of free practice, having knowledge of the necessity of their possession, of conservation or restoration works of movable cultural property classified as such constitutes a crime and is punishable by imprisonment from one month to one year or fine. + Article 87 Operation without authorization issued under the conditions of the present law of laboratories or workshops carrying out restoration and preservation works of movable cultural assets classified constitutes a crime and is punishable by imprisonment from one month to a year or a fine. + Article 88 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 years. + Article 89 The goods provided in art. 80 80, art. 83 83 para. ((1) and art. 84 84 para. (1) shall be confiscated and transmitted in administration to specialized public institutions, with the opinion of the National Commission of Museums and Collections. + Chapter XII Transitional and final provisions + Article 90 (1) Within 90 days from the date of publication of the present law in the Official Gazette of Romania, Part I *), the Ministry of Culture will issue, with the opinion of the National Commission of Museums and Collections: __________ Note * *) The present law was published on October 27, 2000 in the Official Gazette of Romania, Part I. a) Rules for the ranking of movable cultural assets; b) The rules for the conservation and restoration of movable cultural assets; c) The rules for the conservation and restoration of cultural assets in public collections; d) The rules for accreditation of experts; e) The rules for accreditation of specialists; f) Accreditation rules for conservatives and restorers; g) The rules on the authorization of laboratories and conservation and restoration workshops; h) Methodological norms regarding the definitive or temporary export of movable cultural goods; i) Rules on trade in mobile cultural goods. (2) The rules provided in par. ((1) lit. a)-h) will be approved by order of the Minister of Culture and will be published in the Official Gazette of Romania, Part I. (3) The rules provided in par. ((1) lit. i) will be approved by Government decision. + Article 91 Within 3 months from the date of entry into force of this Law *), the Ministry of Culture shall establish the following registers: __________ Note * *) See footnote from art. 56 56 para. ((2). a) The register of experts, in which persons accredited as experts for the fields referred to in art. 3 3; b) Register of Conservatives and Restorers c) Register of destroyed, stolen, missing or illegally exported cultural property. + Article 92 (1) Within 3 months from the date of entry into force of this Law *) specialized public institutions are obliged to submit to the National Commission of Museums and Collections proposals in connection with the treasury ranking of movable cultural assets Owned. _________ Note * *) See footnote from art. 56 56 para. ((2). (2) Within 6 months from the date of entry into force of this law *) religious cults, as well as non-specialized public institutions are obliged to submit to the devolved public services of the Ministry of Culture in whose territorial area the inventory of movable cultural assets held, in order to carry out the ranking operations, shall be established. _________ Note * *) See footnote from art. 56 56 para. ((2). (3) The deadline for completion of the ranking procedure is 6 months for the mobile cultural goods provided in par. ((1) and (2), which are subject to this procedure in the first 9 months of application of this law. + Article 93 (1) The movable cultural goods deposited in the custody of public institutions after December 31, 1947 will be returned by the holding institutions to the natural or legal persons who submitted them, according to the common law, to the written request of With the opinion of the National Commission of Museums and Collections. (2) Mobile cultural goods taken before September 6, 1940 by state authorities cannot be claimed; the mobile cultural assets illegally taken over by the state authorities after September 6, 1940 may be claimed by the owners of and will be returned to them by the institutions that hold them, on the basis of a final court decision. Legal action for the claim is exempt from stamp court fees. The institutions holding archives on mobile cultural assets shall be obliged to allow access to documents relating to their provenance and take-over. (3) The closed mobile cultural goods, which are subject to the refund under the conditions of par. ((2), may be transmitted to the rightful owners only after the guarantee in writing, by them, of compliance with the provisions of this law. (4) If the object of the refund provided in par. (2) represent collections consisting of several mobile cultural goods in the ranking procedure, they can be returned to the owners, annually, on parts of the collections, as they have been closed. + Article 94 (1) The works of fine art and photography, works of decorative or cult art, works of ethnographic character, folk craftsmen, as well as other works created by authors in life cannot be the object of the ranking. (2) The cultural goods referred to in par. ((1) may be exported definitively or temporarily without any restrictions. + Article 95 Within 6 months from the date of entry into force of this law *) statements of individuals, as well as alphabetical or domain files, completed as a result of the application of the provisions Law no. 63/1974 on the protection of the national cultural heritage of the Socialist Republic of Romania, published in the Official Bulletin, Part I, no. 137 137 of 2 November 1974, repealed by Decree no. 90/1990 on the establishment and organization of the Museum and Collections Commission, published in the Official Gazette of Romania, Part I, no. 20 of February 6, 1990, in the preservation of the devolved public services of the Ministry of Culture and the National Heritage Institute, are inventoried, sealed and handed over to the National Archives. _________ Note * *) See footnote from art. 56 56 para. ((2). + Article 96 Within 90 days from the date of entry into force of this Law *), within the General Inspectorate of the Romanian Police of the Ministry of Internal Affairs specialized structures are organized in the prevention, discovery and pursuit of facts illegal to the regime of goods belonging to the national mobile cultural heritage. _________ Note * *) See footnote from art. 56 56 para. ((2). + Article 97 Within 90 days from the date of entry into force of this Law *) the Ministry of Public Finance, with the opinion of the Ministry of Culture, will create, within the National Agency for Fiscal Administration, specialized structures in preventing and combating illegal trafficking in mobile cultural goods. _________ Note * *) See footnote from art. 56 56 para. ((2). + Article 98 The Ministry of Culture, the Ministry of Internal Affairs and the Ministry of National Defence will ensure, through a programme of coordinated actions, the protection and integrity of the mobile cultural assets ranked, in specialized and non-specialized institutions of worship, as well as in private collections, against risks arising from natural calamities, public disturbances or armed conflicts. + Article 99 (1) This law shall enter into force 90 days from the date of its publication in the Official Gazette of Romania, Part I* *). __________ Note ** **) See footnote from art. 90 90 para. ((1). (. On the same date, the provisions of art. 2 2 para. 2 2, art. 3-5 3-5, art. 9, 11 and 12 of Government Ordinance no. 27/1992 on certain measures for the protection of national cultural heritage, published in the Official Gazette of Romania, Part I, no. 215 of 28 August 1992, approved with amendments by Law no. 11/1994 , published in the Official Gazette of Romania, Part I, no. 65 of 14 March 1994, and the provisions of art. 3 lit. a) and b), art. 4, 6, art. 8 8 para. ((1) lit. d), art. 9 lit. b) and d), art. 11 11, 15, 20, 25, art. 27 27 para. ((1), art. 28 28 and ale art. 30 30 para. (1) of Government Ordinance no. 68/1994 on the protection of national cultural heritage, published in the Official Gazette of Romania, Part I, no. 247 247 of 31 August 1994, approved and amended by Law no. 41/1995 , published in the Official Gazette of Romania, Part I, no. 105 of 30 May 1995, as amended and supplemented, and any other provisions to the contrary. + Annex CATEGORIES OF CULTURAL GOODS which may be subject to the refund and recovery, respectively, In the head. IX and X 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, together with the moulds and their first printed copies. 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 old. _______