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*)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
LAW no. 182 of 25 October 2000 (republished) on the protection of national cultural heritage
mobile *)
Issued



PARLIAMENT Published


Official Gazette no. 259 of April 9, 2014
_________


Note


*) Republished under art. 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, as corrected in the Official Gazette of Romania, Part I, no. 117 of 1 March 2013, as amended, giving the texts a new numbering.

Law. 182/2000 was republished in the Official Gazette of Romania, Part I, no. 828 9 December 2008 and subsequently amended by:
- Law no. 329/2009 on the reorganization of public authorities and institutions, rationalization of public expenditure, business support and compliance framework agreements with the European Commission and the International Monetary Fund, published in the Official Gazette of Romania, Part I, no. 761 of 9 November 2009, with subsequent amendments;
- Law no. 97/2010 supplementing Art. 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 of 27 May 2010;
- Government Emergency Ordinance no. 12/2011 for the reorganization of institutions under the Ministry of Culture and National Heritage, as well as reducing expenses, approved by Law no. 179/2011 published in the Official Gazette of Romania, Part I, no. 730 of 17 October 2011.

Chapter I General Provisions



Article 1


(1) This Act establishes the legal status of mobile assets belonging to the national cultural heritage as part of the national cultural heritage and regulates specific activities for their protection.


(2) national cultural heritage includes all assets identified as such, regardless of ownership over them, which is a witness and an expression of values, beliefs, knowledge and traditions are evolving; It contains all the elements resulting from the interaction over time between human and natural factors.


Article 2


(1) The state guarantees the property and guaranteed by law, protection of property forming part of the national cultural patrimony.


(2) Own real property and other rights, and the right management of an asset of national cultural patrimony is subject to the regulations of this law.


(3) The State shall, by law, material and financial resources necessary to protect national cultural heritage phone.


(4) For the purposes of this law, national cultural heritage protection mobile means all measures of scientific, legal, administrative, financial, fiscal and technical, designed to identify, research, inventory, classification, preservation, insurance security, maintenance, preparation, restoration and enhancement of movable national cultural heritage in order to ensure democratic access to culture and transmission of this heritage to future generations.


(5) Protect the mobile national cultural heritage is achieved through public authorities, the specialized institutions such as museums, public collections, memorial houses, archives and libraries, religious cults and ecclesiastical institutions and non-governmental organizations active in the field.


Article 3


(1) national cultural patrimony is made up of goods with historical, archaeological, documentary, ethnographic, artistic, scientific and technical, literary, cinematic, numismatic, philatelic, heraldic, bibliographic, cartographic and epigraphic representing material evidence of development of the natural and human relationships with it, of human creative potential and contribution of Romanian and national minorities to universal civilization.


(2) The assets that make up the national cultural patrimony are:


1. archaeological and historical documentation, such as:

A) terrestrial and underwater archaeological discoveries, tools, pottery, inscriptions, coins, seals, jewelery, pieces of clothing and harness, arms, symbols funeral, except samples of construction materials, materials from sites that constitute archaeological evidence for specialized analysis;


B) elements from dismantling historical monuments;



C) material evidence and documentation on the history of political, economic, social, military, religious, scientific, artistic, sports or other fields;


D) manuscripts, incunabula, rare books and old books, books bibliophile value;


E) documents and printed social interest: archival documents, maps and other cartographic materials;


F) objects with value memoirs;


G) documents and objects of numismatic, philatelic, heraldic: coins, ponduri, decorations, badges, seals, patents, stamps, flags and banners;


H) epigraphic pieces;


I) photographs, photographic clichés, films, audio and video;


J) musical instruments;


K) military uniforms and accessories;


L) objects with technical value;


2. of artistic goods, such as:

A) works of fine art: painting, sculpture, graphics, drawing, engraving, photography and others;


B) works of arts and crafts in glass, ceramics, metal, wood, textiles and other materials, ornaments;


C) religious objects: icons, embroidery, cutlery, furniture and others;


D) projects and design prototypes;


E) primary materials of feature films, documentaries and animation;


F) public monuments, artistic components exposed outdoors;


March. ethnographic significance goods, such as:

A) tools, household items and household;


B) furniture;


C) ceramics;


D) textile, costumes, leather goods;


E) other objects of metal, wood, bone, stone, glass;


F) objects of worship;


G) ornaments;


H) ethnographic ensembles;


I) monuments in open-air ethnographic museums;


4. goods scientific importance, such as:

A) rare specimens and collections of zoology, botany, mineralogy and anatomy;


B) game trophies;


May. items of art such as:

A) technical creations unique;


B) rarities, regardless of the brand;


C) prototypes appliances, devices and machinery from the current creation;


D) technical creations memorial value;


E) achievements of folk art;


F) molds compact discs, CD-ROM, DVD and the like.


Article 4


Goods belonging to the movable national cultural heritage belong, according to their historical significance or importance, archaeological, documentary, ethnographic, artistic, scientific and technical, literary, cinematic, numismatic, philatelic, heraldic, bibliographic, cartographic and epigraphic, the age, uniqueness or rarity in:

A) movable national cultural heritage treasure, 'the treasure, consisting of cultural property of outstanding value to humanity;


B) fund national movable cultural heritage, 'the fund, composed of cultural goods of particular value for Romania.


Article 5


(1) The movable cultural objects can be public or private property of the state or the administrative-territorial units or private property of individuals and legal persons of private law.


(2) on goods in par. (1) may be set according to their ownership under the law, a right management and other real rights, as appropriate.


Article 6


(1) The Ministry of Culture and the National Commission for Museums and Collections coordinate specific activities in the field of movable national cultural heritage.


(2) An exception from par. (1) Romania's National Archive Fund under the administration of the National Archives and in the General Directorates of the National Archives, established pursuant to Law No National Archives. 16/1996, as amended and supplemented.


(3) Romanian Ministry of Culture represents the state in domestic and international relations which concern the national cultural patrimony.


Article 7


(1) The competent authorities are obliged to take all steps, according to legal provisions and international conventions to which Romania is a party, to restore cultural property that has been illegally exported have been stolen from museums or collections or possessed without legal basis abroad.


(2) The competent authorities are committed to participate in any international operation carried out jointly, under a cooperation agreement, to prohibit and prevent the illicit import, export and transfer of ownership of cultural property.



Article 8


Public authorities, owners, holders of real rights and the administration right holders on goods forming part of the national cultural patrimony have an obligation to protect them against any acts committed or omissions that may lead to degradation, destruction, loss , theft or illegal exportation thereof.

Chapter II

research, inventory and designation

Article 9


The research, conducted by scientists in the specialized public institutions, holding assets belonging to the national cultural patrimony, is responsible for research, development and scientific exploitation of the movable national cultural heritage, mainly owned by the institution in question.

Article 10


In the present law by filing means the procedure for determining movable cultural property belonging to legal categories of movable national cultural heritage, treasury and fund.

Article 11


Triggering classification procedure of movable cultural property is:
1. ex officio in the following cases:

A) for movable cultural property owned by the state or administrative-territorial units and managed by public institutions, autonomous, national companies, national companies or other companies in which the state or an authority of local government is a shareholder;


B) for movable cultural property owned by religious denominations;


C) for movable cultural property subject to public sale by auction or through an authorized agent;


D) for the movable cultural submitted for temporary or permanent export;


E) for movable cultural property discovered by chance or within archaeological, ethnological, paleontological and geological;


F) for movable cultural property confiscated;


G) for movable cultural goods that were subject to attempted illegal export;


H) for the movable cultural objects unlawfully removed from its territory;


I) for goods in custody of public institutions, to be repaid;


J) for movable cultural property to be restored;


K) for movable cultural property subject to trigger a criminal investigation;


2. at the request of individuals and other legal entities of private owners of the property concerned.

Article 12


(1) Classification shall be performed on the basis of an expert report prepared by experts or specialists accredited by the National Commission for Museums and Collections.


(2) Categorization of property must be completed within 3 months from the onset of the classification procedure.


(3) the competent scientific body deciding on the ranking is the National Commission for Museums and Collections.


(4) Decision rank will be signed by the Chairman of the National Commission for Museums and Collections and will be approved by the Minister of Culture, within the period provided in par. (2).


(5) The decision is attached excerpts ranking conclusions of the expert report which provides the respective movable cultural identification, object and sheet standard color or black and white photography, as appropriate.


(6) In the case of movable cultural property that have not been submitted for classification, the conclusions of the expert report containing information identifying the goods will be communicated to the bearers of other real rights within 30 days after the expertise .


(7) The expertise of movable cultural property that have not been submitted for classification is the National Commission for Museums and Collections within 10 days of receiving notification expert or specialist. Dispute resolution shall be communicated within 20 days.


Article 13


(1) Public institutions owning movable cultural objects belonging to the movable national cultural heritage are required to inventory these goods both analytically, through standard plug, according to rules issued by the Ministry of Culture and synoptic through the database containing the image archive.


(2) Public authorities subordinated to which the institutions holding assets belonging to the movable national cultural heritage have an obligation to provide financial resources necessary to computerized inventory of goods.



(3) Cultural objects in the collections managed by specialized institutions, religious and ecclesiastical institutions are inventoried under this law.


Article 14


(1) The Ministry of Culture notify in writing the owner or holder of other real rights, where applicable, the holder of the administration order filing within 10 days of approval.


(2) The Ministry of Culture issued for every classified, a classification certificate and standard sheet of the object.


(3) The certificate of classification and the object accompanying standard sheet asset classes and not themselves constitute a property title.


Article 15


(1) Ranking is the effect of movable cultural inclusion Inventory movable national cultural heritage in one of two categories, treasury or fund.


(2) Inventory movable national cultural heritage, drawn up on the basis of orders regarding classified movable cultural assets, centralize, and manage electronic evidence documents that were the basis for its establishment is performed by the National Heritage Institute.


(3) Data on the national cultural patrimony, except the list of movable cultural property and their image, not intended for the public, unless the owner agrees.


(4) Details of the national cultural patrimony can be provided upon request by the National Heritage Institute specialized agencies, researchers and other experts and specialists accredited to conduct specific activities of identification and research. Harnessing data thus acquired can be made only with the consent holder. Public communication of data identifying the owner can be made only with prior consent.


(5) The information contained in the inventory provided in par. (1) can be provided to police, the prosecuting authorities and the courts, only to solve some cases directly linked to the respective movable cultural objects and only under the law in the matter.


Article 16


(1) Owners, holders of real rights or of the administration right and holders of any title of movable cultural property which has initiated the procedure of classifying the obligation of examining those goods by accredited experts or specialists.


(2) The movable cultural objects can be taken for laboratory analysis only in special circumstances and for a limited period, provided the rules for classifying movable cultural property, only with the consent of the owners or holders of other real rights, if applicable; their take is based on a handover act concluded with natural or legal persons, as applicable, referred to in para. (1) in the form prescribed by the rules issued by the Ministry of Culture.


Article 17


During the process for filing of a movable cultural office, he is under the protection provided, according to this law, for goods classified hoard.

Article 18


(1) The right to require the owner of a movable cultural designation is imprescriptible.


(2) Where a cultural cell was not closed, the proceedings may be resumed on request, after at least 3 years; in situations in which there are new proofs, this period may be shortened by the National Commission for Museums and Collections.


Article 19


(1) Downgrading takes place in movable cultural property rights holders request or ex officio in the following cases:


A) the invalidation of expertise;


B) destruction;


C) serious deterioration which can not be remedied through restoration operations.


(2) Downgrading follows the classifying procedure.


(3) Order downgrade register as movable national cultural heritage inventory process will the removal of the respective asset inventory provided for in art. 15 para. (1).


(4) The order is communicated in writing downgrade owner of real rights holder and the holder of the administration, as appropriate.


Article 20


Movable cultural passage from one category to another mobile national cultural heritage can only be made following the same procedures provided for filing.

Article 21



(1) Order filing downgrade or crossing from one category to another national cultural heritage of a cultural cell may be challenged by the owner or holder of the administration at the Ministry of Culture, within 30 days of communication.


(2) The Ministry of Culture is required to resolve the complaint within 30 days of registration.


(3) If the owner or holder of the administration is dissatisfied with the response to the appeal to the Ministry of Culture, he may, under Law no. 554/2004, as amended and supplemented, the competent courts.


Article 22


(1) The movable cultural public property, owned by the national companies, national companies or other companies owned or majority state, to be privatized will undergo classification procedure before initiating the privatization process.


(2) The Authority for State Assets Administration or, where appropriate, local or central public authority that privatized a legal entity from those provided in par. (1) has the obligation to announce 30 days before the onset of the privatization procedure in writing, public service department of the Ministry of Culture in whose jurisdiction the company has its headquarters.


(3) Within 10 days of the date of registration communicated in accordance with paragraph. (2) the public service of the Ministry of Culture will verify the legal entity under privatization movable cultural property likely to be filed and, if necessary, will initiate the classification procedure.


(4) movable cultural goods of the situation provided for in this Article shall be managed by a specialized public institutions designated by the National Commission for Museums and Collections.




Chapter III Preservation, storage and security of movable cultural

Article 23


(1) Owners, holders of real rights or of the administration right and holders of any title of movable cultural objects shall:


A) to ensure the best conditions of storage, conservation and, where appropriate, storage of goods, preventing any degradation, damage or destroying them;


B) not damaged and can not destroy these goods, and in case of any metal to melt them;


C) ensure the security of such goods;


D) to notify within 5 days decentralized public services of the Ministry of Culture in case of an imminent danger of destruction or serious degradation of these goods;


E) use and not allow the use of these goods during shows, fashion parades as movie or theater props and any other purposes that would jeopardize the integrity or exposes them to loss, damage or theft;


F) to allow access to the specialists of the decentralized public services of the Ministry of Culture in order to ascertain the conservation status of these goods; if holders of individuals and legal persons of private law specialists access decentralized public services of the Ministry of Culture will be possible only with the written consent of the owner on conditions for access.


(2) Owners or holders of the right of administration of movable cultural objects as such have the following obligations:


A) to ensure restoration of property;


B) entrust the restoration works exclusively restorers accredited by the National Commission for Museums and Collections.


(3) and non-specialized public institutions, religions, and economic operators who hold any title movable cultural goods, have the obligation to finance the purchase and installation of intrusion systems, fire and microclimate for the Protection of Cultural Property mobile.


(4) An exception from par. (1) e) owners, individuals and private legal entities which may, in contractual terms, in compliance with the conservation and restoration of movable cultural objects, use movable cultural objects in the background, during shows, fashion parades and as props theater and cinema.


Article 24



Natural and legal persons holding any title movable cultural goods benefit from free advice from specialized institutions for the purpose of preservation, conservation and enhancement of those assets.

Article 25


(1) Public institutions have an obligation to allow access accredited experts and specialists and researchers held in movable cultural administration, for conducting studies and papers in mutually agreed conditions.


(2) In case of movable cultural privately owned, for studies and papers necessary consent of the owner.


Article 26


(1) Copies, moldings, posthumous editions and facsimiles executed on movable cultural goods must be clearly marked not to be confused with the original; they will be marked as copy, facsimile, posthumous edition, the author's name and the year they were made, and the specification of the original collection.


(2) The words referred to in para. (1) are mandatory, irrespective of the year in which the copies were made, moldings, posthumous editions and facsimiles and whenever they are made public.


Article 27


(1) Copies, moldings, posthumous editions and facsimiles of the movable cultural goods owned public can be executed only with the written consent of the holder of the administration in accordance with the norms stipulated by the National Commission for Museums and collections.


(2) Copies, moldings, posthumous editions and facsimiles of the movable cultural goods owned by natural or legal persons of private law, can be executed only with the written consent of the owner in accordance with the norms stipulated by the National Commission Museums and Collections.


(3) Reproduction of movable cultural objects through photographic, video or digital is done with the written consent of the right holder or owner of the asset management reproduced, as appropriate.


(4) Persons serving copies, moldings, posthumous editions and facsimiles of the movable cultural goods are required to use appropriate techniques and to take the necessary measures to not be affected immediately or over time, integrity and quality of the originals.




Chapter IV Conservation and restoration of movable cultural objects

Article 28


(1) The work of conservation and restoration of movable cultural objects shall be performed only by conservatives and restorers accredited under a contract concluded under the common law.


(2) Accreditation conservators and restorers who perform works of conservation and restoration of movable cultural objects is made by the National Commission for Museums and Collections, according to the rules of accreditation conservators and restorers.


(3) Based on the license obtained, the Ministry of Culture issued conservators and restorers free practice certificate according to the rules of accreditation conservators and restorers.


(4) laboratories and workshops that carry out works of conservation and restoration of movable cultural objects operates under a license issued by the Ministry of Culture, with the approval of the National Commission for Museums and Collections, according to rules on authorization of laboratories and workshops conservation and restoration.


(5) if committed professional misconduct, established by the National Commission for Museums and Collections, it will suspend a term of up to 2 years accreditation under par. (2) or opinion provided in par. (4). The Ministry of Culture will take the necessary decisions for the fulfillment of the National Commission for Museums and Collections may request that a re-survey at the request of the persons concerned.


(6) private legal persons, owners of authorized laboratories or workshops are obliged to post in a visible location permit issued under the provisions of par. (4).


(7) Ongoing operation laboratories preservation and restoration of existing specialized public institutions and the establishment of new such laboratories approved by the Ministry of Culture, with the approval of the National Commission for Museums and Collections.



(8) conservation and restoration laboratories, operating within public museum institutions may perform such work for other public museums to natural or legal persons of public or private, subject to the conditions stipulated in this Law; In these cases applicants will bear the cost of these works in contractual conditions.


Article 29


Restoration of movable cultural objects in hoard is done only with the prior approval of the National Commission for Museums and Collections in authorized laboratories and workshops, mentioned in the opinion.

Article 30


(1) The movable cultural goods classified as thesaurus, regardless of ownership, which are in imminent danger of destruction or severe damage, will undergo conservation and restoration operations by the minister of culture, based on an expert report approved by the National Commission for Museums and Collections.


(2) The operations of the conservation and restoration will be on the owner's expense.


(3) The amount charged for conservation and restoration operations in accordance with paragraph. (1) and referred to in Art. 23 para. (2) a) are deductible from income tax or profit tax.


(4) If the owner of movable cultural object classified as thesaurus is a natural person, in whose affidavit that does not have financial resources for covering the costs of restoration and conservation, these operations will be financed partly or entirely from the state budget or local budgets, as appropriate, according to this law. Subsequent to the sale of such movable cultural, costs of restoration and conservation will be returned to the owner-seller financing institution.


Article 31


(1) The provisions of this law shall apply accordingly cultural value goods made of precious metals or containing precious stones, which are owned, administered or owned by any title of National Bank of Romania, the Mint State or other banks.


(2) Legal persons listed in par. (1) shall allow the examination of goods by specially appointed experts of the Ministry of Culture, which will propose, if appropriate, initiation of the ranking.


Article 32


Melting or modification is prohibited, any form of movable cultural objects that are owned by any title of National Bank of Romania, the Mint State or other banks.

Chapter V


movable cultural Movement
Article 33


Movable cultural goods owned by the state or the administrative-territorial units, are inalienable and imprescriptible.

Article 34


(1) To organize exhibitions and cultural projects achieving public institutions can borrow, appropriate, public institutions or private legal persons in the country, in common law, movable cultural objects they hold in administration , endorsed by the National Commission for Museums and Collections and the approval of the Ministry of Culture.


(2) Natural persons and legal private or public institutions can borrow private legal persons, under common law and the present law, movable cultural goods.


(3) movable cultural goods, religious denominations, can be lent specialized public institutions, under the common law and the present law, with the approval of the cult.


(4) The organizer of the exhibition or the originator / author cultural project responds civil, material, disciplinary, administrative or penal sanctions, the integrity of the exhibits, taking all necessary measures to remove any risk in terms of security, preservation, insurance and determining the respective value shares.


Article 35


(1) Public sale of movable cultural privately owned or brokering the sale shall be made only by authorized economic operators, in compliance with this law.


(2) Authorization operators under par. (1) is made by the Ministry of Culture, with the approval of the National Commission for Museums and Collections, with the rules on trade in movable cultural.



(3) economic operators authorized to commercialize movable cultural goods are required to post in a visible trade rules movable cultural goods.


(4) economic operators authorized to commercialize movable cultural goods are required to hold a register stating, correctly and completely, name and address of the bidder, description and price of each good. The information contained in the register confidential.


(5) economic operators authorized to commercialize movable cultural goods are required to notify in writing within 5 days after the offer, decentralized public services of the Ministry of Culture of the existence of goods which could be ranked.


(6) economic operators authorized to commercialize movable cultural goods are obliged within five days to inform the property owner in writing of the possibility of triggering classification procedure.


(7) economic operators authorized to commercialize movable cultural goods are obliged, within 3 days from the date of its registration in goods classified as thesaurus, communicate in writing public service department of the Ministry of Culture, in whose jurisdiction they are established, putting them on sale, and, where appropriate, to submit a copy of the catalog edited in order to organize a public auction, whether the goods auctioned or not they are classified as national cultural heritage phone.


Article 36


(1) The movable cultural goods owned by individuals or private legal entities, classified as thesaurus, may be subject to public sale only in terms of exercising the right of first refusal by the Romanian state through the Ministry of Culture, and with the provisions art. 35 para. (7).


(2) The decentralized public services of the Ministry of Culture Ministry of Culture are obliged to submit, within 3 days of receipt of the written communication of authorized economic operator, recording on the sale of a movable cultural object classified as thesaurus.


(3) The term for exercising the right of first refusal of the state is more than 30 days from the date of registration of the communication referred to in para. (2) and the purchase value is negotiated with the seller or the authorized economic operator or resulting from public tender.


(4) The Ministry of Culture will provide in their budgets the necessary sums for exercising the right of first refusal.


(5) Failure to comply with paragraph. (1) absolute nullity of sale.


Article 37


(1) Removing across the border is a movable cultural export operation, which may be temporary or permanent.


(2) temporary or permanent export of movable cultural goods classified and unclassified shall be made only on the basis of the export certificate.


(3) The export certificate shall be issued by the decentralized public services of the Ministry of Culture, under this law.


(4) Temporary export for movable cultural goods classified as thesaurus, regardless of the owner or holder of the administration, will be endorsed by the National Commission for Museums and Collections and will be approved by the Minister of Culture.


(5) Removing the country in any way, movable cultural objects for which there was no temporary or permanent export certificate, issued under the law constitutes illegal export operation.


Article 38


(1) movable cultural goods owned by state or territorial administrative units, exported only temporarily and only for organizing exhibitions abroad, laboratory investigations, restoration or expertise.


(2) movable cultural goods classified as thesaurus, owned by natural or legal persons of private law, may be exported only temporarily.


Article 39


(1) movable cultural goods basically owned natural or legal persons of private law may be permanently exported only within the framework of an exchange of cultural goods, comparable with value and meaning, which may be unique or rare heritage museum in Romania.


(2) The exchange referred to in para. (1) it is approved by the minister of culture, endorsed by the National Commission for Museums and Collections.


(3) Cultural property obtained by exchange referred to in para. (1) follow the legal regime of the property given instead.


Article 40



(1) Notwithstanding the provisions of art. 38 para. (1) movable cultural goods classified in the background, under the private domain of the state or the counties, cities, towns or villages, can be permanently exported only within the framework of an exchange of cultural goods of the same importance and cultural significance, and only the very exceptional cases in which interest prevails historical, scientific or cultural.


(2) The exchange referred to in para. (1) approved by Government Decision or the local county council or, where appropriate, the opinion of the National Commission for Museums and Collections.


(3) Cultural property obtained by exchange referred to in para. (1) follow the legal regime of the property given instead.


Article 41


(1) If the application for temporary or permanent export of movable cultural unclassified terms of art. 12 para. (2) and art. 14 para. (1) Cumulative be reduced to 30 days.


(2) The National Commission for Museums and Collections is obliged to rule in connection with the classification of movable cultural property within 30 days of their initiation ranking.


Article 42


Covering donations made movable cultural or religious cults specialized public institutions, by law, they are exempt from any charges.

Article 43


(1) Natural or legal persons of private law, owners of movable cultural objects, are obliged to inform in writing the decentralized public services of the Ministry of Culture within 15 days from the date of transfer of such property owned by another people, and of the establishment of a real right over such property.


(2) In case of loss or theft of movable cultural objects, owners, holders of real rights, management rights holders and holders of any title of these assets are required to notify, in writing, within 24 hours after finding the police of jurisdiction.


(3) In cases under par. (2) and for total or partial destruction of movable cultural objects owners, holders of other real rights holders of the administration and holders of any title of these goods are obliged to give written notice to the public service of the Ministry culture within 3 days of the finding.


(4) After registering the communication referred to in para. (3) The decentralized public services of the Ministry of Culture will immediately notify in writing the police of jurisdiction.


Article 44


(1) rezervatari successors are exempt from inheritance tax for classified movable cultural property belonging to the estate.


(2) For the other heirs, they can give the inheritance tax account, such goods that come into public ownership and will be given according to the law, the administration of specialized public institutions, endorsed National Commission for Museums and Collections.


(3) donations or legacies on movable cultural goods, made in the State, administrative-territorial units or denominations, are exempt from any charges.


Article 45


(1) movable cultural goods, publicly owned, which are out of service can be used by public legal persons holding only by sending gratuitous Ministry of Culture, to be distributed to specialized public institutions.


(2) dismantling, dismemberment or, where appropriate, fragmentation goods in par. (1) with a view to their removal from service is prohibited.




Chapter VI Legal Regime of mobile archaeological objects discovered by chance or by archaeological

Article 46


(1) archaeological, epigraphic, numismatic, paleontological or geolitice discovered during studies or systematic geological or archaeological purposes in archaeological research rescue or having preventive and those discovered by chance by any works kind made in places subject exclusively public property, according to art. 136 par. (3) of the Romanian Constitution, enter into public ownership, according to legal provisions.



(2) Since the discovery of goods provided in par. (1) undergo the procedure of filing under this law, and enter into administration or finance institution that coordinates research; when the National Commission for Museums and Collections finds that institution are not met proper storage and security, it will propose public service department of the Ministry of Culture on whose activities were discovered archaeological assets concerned other public institutions specialized same radius, which meet appropriate conditions. Public service of the Ministry of Culture will decide on the institution which will transmit those archaeological assets under management.


Article 47


(1) systematic archaeological research and the preventive or rescue carried out by legal entities are authorized, coordinated and controlled by the National Archaeology Commission and the Ministry of Culture, according to archaeological heritage protection law.


(2) Natural or legal persons not entitled unauthorized to conduct archaeological sites detections and investigations or any other interventions that can damage or affect these sites.


Article 48


(1) The archaeological discoveries made on private land belonging to individuals, legal persons of private law or religious cults may be made with the owner's consent and, where appropriate, the head of the cult.


(2) If the land owner does not give its consent for conducting archaeological research, they may be authorized by the competent court at the request of public authority or public institution, where appropriate, under which is the initiator of research archaeological.


(3) the land owner is entitled to seek to negotiate a maximum period for carrying out the works and receive compensation, prior to beginning work of public authorities or public institutions subordinated archaeological research which is the initiator, for damage to soil , plantations or buildings, as well as for any damage caused as a result of the investigations.


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


(5) Compensation shall be paid from the amounts in the budgets of public institutions, as appropriate, under which it is the originator of archaeological research.


(6) Issuance of the certificate of release archaeological land and funding necessary archaeological research, irrespective of the ownership of the land, is mandatory before starting any work that may affect site and is performed according to the legislation on the protection archaeological heritage.


(7) Financing of archaeological research for issuing the certificate referred to in para. (6) on land where there are archaeological, identified by previous investigations, the work is provided by the beneficiary.


Article 49


(1) Individuals who discovered incidentally goods as those referred to in art. 46 para. (1) are required to surrender within 72 hours of the discovery, the mayor's administrative-territorial unit in whose discovery was made.


(2) The mayor shall notify the public service of the Ministry of Culture, within 72 hours, discovered on property, while taking security measures and their conservation.


(3) The mayor is obliged to hand over the goods thus discovered, within 10 days, the public service department of the Ministry of Culture.


(4) The authors of chance finds, who surrendered under the terms of par. (1) goods discovered, are entitled to recompense 30% of the asset value calculated at the time the reward, and in the case of archaeological finds of exceptional value may be given a bonus up to additional 15% of value of the property.


(5) The value of such goods shall be determined by experts discovered accredited public service department of the Ministry of Culture or, where appropriate, other experts accredited.



(6) Rewards and bonus, set par. (4) and (5) will be charged to the budget of the main credit or local budgets, according to the subordination of cultural institutions in the administration of which will be sent the goods discovered and will be paid no later than 18 months after delivery of the asset .


(7) If the author does not receive the reward of discovering the deadline specified in para. (6), it may apply to the competent court in an action for judicial tax exempt.




Chapter VII funding specific activities to protect national cultural heritage mobile

Article 50


(1) The financing of discovery, collection, research, expertise, filing, inventory, storage, preservation, processing, restoration, protection and enhancement of movable cultural objects regardless of owner, holders of real rights and the owners of administration can be done by the Ministry of Culture, Ministry of Education, local and central public administration authorities, the Romanian Academy and other institutions, as appropriate, from its own revenues and budget allocations.


(2) Budgetary allocations for activities specified in para. (1) will be nominated to these destinations in the budget of the Ministry of Culture, the Ministry of National Education, the budgets of central and local government authorities and other public budgets.


(3) Purchase of movable cultural institutions specialized public in their subordination may be made of the amounts provided for this purpose in the budgets of central government or local authorities.


Article 51


(1) Revenues managed extrabudgetary result from the following sources:


A) donations or legacies acquired from individuals or legal entities in the country or abroad;


B) rate of 5% imposed by local government authorities on the selling price of reproductions made public on movable cultural property entering the commercial circuit;


C) share of 5% imposed by local government authorities on the price obtained from the sales of cultural goods, carried out through auctions, antique, hand shops and pawn shops;


D) tariffs for decentralized public services of the Ministry of Culture to perform any required expertise.


(2) shares in para. (1) b) and c) are added to the sales prices of goods.


Chapter VIII


bodies and specialized agencies
Article 52


(1) discovery, collection, research, evaluation, classification, inventory, storage, preservation, preparation, restoration, protection, acquisition and enhancement of the national cultural heritage cell is performed by specialized bodies and institutions that have general skills and in special as well as natural or legal person, under this law.


(2) Individuals who do not have documents attesting the quality of expert issued by the Ministry of Culture, but are authorized as technical expert by other authorities of the central government can achieve expertise, under this law, only based on their prior accreditation by the National Commission for Museums and Collections.


Article 53


(1) The National Commission for Museums and Collections is the scientific advisory body and the endorsement of the Ministry of Culture and the area is headed by a chairperson appointed by the Minister of Culture of experts with recognized authority in the field, for a term of 2 years .


(2) The National Commission for Museums and Collections consists of 21 specialists, appointed by the Minister of Culture, for a period of two years proposed:


A) committee chairman - 6 members;


B) specialized public institutions and collectors of movable cultural - 7 members;


C) denominations, Romanian Academy and public institutions of higher education profile - 7 members.


(3) National Commission for Museums and Collections operating on the basis of rules of organization and operation, developed by members of the Commission and approved by the Minister of Culture.



(4) The National Commission for Museums and Collections consist of subcommittees areas referred to in art. 3. Commission Secretary and secretaries of the subcommittees shall be appointed from the specialized directorate of the Ministry of Culture. Subcommittees operate according to the regulations of the National Commission for Museums and Collections, set out in para. (3). Vice presidents are subcommittees of the National Commission for Museums and Collections.


(5) The National Commission for Museums and Collections may elect honorary members specialists in the country or abroad, scientific personalities of international recognition of the protection of national cultural heritage and museology mobile, which are proposed by the president and are validated simple majority vote of the Commission.


(6) Total funding of the National Commission for Museums and Collections are made from the budget of the Ministry of Culture. Work done for members of the National Commission for Museums and Collections receive a monthly allowance determined by the minister of culture, plus reimbursement of participation in the Commission. The monthly allowance is granted for work done during the months when the commissions meet and not exceed 10% of the monthly emolument of a minister.


Article 54


(1) local commissions set up eight museums and collections as scientific bodies decentralized National Commission for Museums and Collections.


(2) Powers, number, territory of competence, organization and functioning of local commissions for museums and collections are set by the Rules of organization and functioning of the National Commission for Museums and Collections.


(3) The local commissions for museums and collections each have 7 members and their presidents are members of the National Commission for Museums and Collections.


(4) Composition of local commissions for museums and collections are approved by the minister of culture, to be published in the Official Gazette of Romania, Part I.


(5) The allowance zonal committee members, the Commission works for months, is determined by the minister of culture and may not exceed 10% of the monthly salary of a secretary of state, plus reimbursement of participation in the Commission.


Article 55


National Commission for Museums and Collections shall:

A) assess the expert reports and decides the ranking movable cultural goods, including those in libraries;


B) receives complaints made by individuals and businesses on the classification procedure of movable cultural property and make proposals for solving them;


C) approves rules for classifying movable cultural and trade rules movable cultural goods;


D) approves execution rules molds, facsimiles and children, as well as posthumous editions after the original engraving plates, where movable cultural objects;


E) approves rules on conservation and restoration of movable cultural objects and prioritization restoring it;


F) approves the rules for the accreditation of experts, specialists accreditation standards, accreditation rules conservators and restorers, as well as rules on the authorization of laboratories and workshops for conservation and restoration;


G) approve the operation of laboratories and workshops to perform restoration operations;


H) approves the temporary export of movable cultural objects;


I) approves the methodological norms for temporary or permanent export of movable cultural property;


J) approve the operation operators who sell or auction organizing movable cultural goods;


K) approves the regulations of organization and functioning of museums and public collections;


L) accredited experts, specialists, conservatives and restorers;


M) accredited specialists can access under the law, the information contained in the books of operators authorized to commercialize movable cultural goods;


N) any other duties within its jurisdiction under the law.


Article 56


(1) At the county level and in Bucharest works decentralized public services of the Ministry of Culture.



(2) Within 30 days from the date of entry into force of this Act *), by Government decision, initiated by the Ministry of Culture, Culture inspectorates reorganized by merging with county offices for national cultural heritage the decentralized public services of the Ministry of Culture.

___________


Note


*) This law came into force 90 days from 27 October 2000, the date of its publication in the Official Gazette of Romania, Part I.

Article 57


Decentralized public services of the Ministry of Culture have the following responsibilities in protecting national cultural heritage phone:

A) devise database record movable cultural objects, located within the county;


B) records requests dismissal of movable cultural property owned by non-specialized institutions, religious cults, other legal entities and individuals;


C) carry out the necessary expertise and documentation drawn up under this Law, in order to determine whether movable cultural property;


D) submit to the National Commission for Museums and Collections classifying proposals;


E) recorded notices of change of owner or holder, if movable cultural objects;


F) regularly check the state of conservation and security of movable cultural objects, giving expert advice at the request of the owners or holders of other real rights;


G) make proposals for inclusion in the priorities of restoring movable goods classified as treasury at non-specialized institutions, religious denominations, other than public institutions specialized legal entities and individuals;


H) verify that operators authorized to commercialize movable cultural goods comply with their obligations under this law and regulations issued for its application;


I) approve, under this law, permanent export of movable cultural property, releasing The expertise, export certificate drawn up according to the methodological norms regarding permanent or temporary export of movable cultural property;


J) to manage the extra budgetary revenues according to art. 51 para. (1) a) and d) where appropriate, as well as allocations from the state budget to finance the activities referred to in Art. 50 para. (1);


K) collaborate and determine, together with the competent structures of the Ministry of Defence and the Interior Ministry, where appropriate, measures for the protection of movable cultural property in armed conflicts or natural disasters;


L) any other attributions their competence by this law.


Article 58


Ministry of Culture provides funding editing and publishing Museum Magazine, and other publications specialized in mobile national cultural heritage.

Chapter IX

mobile Return of cultural objects unlawfully removed a Member State of the European Union

Article 59


This chapter deals with reimbursement by the Romanian state of cultural objects unlawfully removed from a Member State of the European Union, as from 1 January 1993, transposes Directive 93/7 / EEC of 15 March 1993 return of cultural objects unlawfully leaving the territory of a Member State, published in the Official Journal of the European Communities (OJEC) no. L 074 of 27 March 1993. The categories should be part of the cultural goods subject to this chapter are set out in the annex part of this law.

Article 60


(1) For purposes of this chapter, cultural means, as appropriate, common part of:


A) treasury or fund being ranked one of these legal categories before or after leaving Romanian territory illegally;


B) vaults a Member State of the European Union in accordance with its law, being ranked in this category before or after leaving the illegal territory of a Member State of the European Union;


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


D) the assets and inventories of religious and ecclesiastical institutions in Romania or in one of the Member States of the European Union;


E) one of the categories listed in the Annex to this law.



(2) For the purposes of this chapter, public collections designate collections owned by the EU Member States, regional or local authorities of the Member States of the EU or of the public institutions in the territory of a Member State of the European Union institutions defined as public according to the laws of that State of the European Union, these institutions being significantly funded or State owned or owned by local or regional authorities.


Article 61


(1) For purposes of this chapter, illegal leaving the territory of a Member State of the European Union shall, as appropriate:


A) cultural property out of the territory of a Member State of the European Union, contrary to the legislation of that State for the protection of cultural property;


B) nerevenirea the end of a temporary export law or any infringement of the conditions of the temporary export of cultural property.


(2) For the purposes of this chapter, the owner of cultural goods unlawfully removed from a Member State of the European Union means a natural or legal person physically in his own name that cultural property.


(3) For the purposes of this chapter, the owner of cultural goods unlawfully removed from a Member State of the European Union means a natural or legal person, physical, cultural said on behalf of another natural or legal other than the rightful owner of the property concerned.


Article 62


(1) If during a criminal investigation, carried out under the law are uncovered clues that a cultural object, which is located on Romanian territory, of unlawfully removed from a Member State of the European Union, the Prosecutor's Office attached to the High the Court of Cassation and Justice shall notify the State concerned, under Law no. 302/2004 on international judicial cooperation in criminal matters, republished, as amended and supplemented.


(2) The criminal investigation asks the court to order the transmission of the cultural property of specialized institutions for preservation.


Article 63


(1) Any Member State of the European Union may require Office attached to High Court of Cassation and Justice under Law no. 302/2004, republished, as amended and supplemented, conducting research to discover the whereabouts of, and the owner or holder of a cultural determined. The application must include data on the description of cultural goods covered by the application, as well as information on the actual or presumed location of the cultural object.


(2) If, under par. (1) cultural object is found, the Prosecutor's Office attached to the High Court of Cassation and Justice shall notify the Member State of the European Union, the owner of the property and the prosecutor asks the competent court to order measures regarding the transmission of cultural property to a specialized institution in order conservation, under Law no. 302/2004, republished, as amended and supplemented.


Article 64


(1) Member State of the European Union, owner of cultural property discovered, has the right to check whether the good is a cultural, within two months from the date the notification provided for in art. 62 para. (1) and, where appropriate, to art. 63 para. (2).


(2) The conservation measures referred to in Art. 62 para. (2) and art. 63 para. (2) cease if the EU Member State concerned does not institute proceedings to refund within one year from the date on which acknowledged the location of the cultural object and the identity of the owner or holder, under this chapter.


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


(4) The Romanian authorities will act as a mediator between its holder, as applicable, the holder of a cultural object unlawfully removed from the territory of a Member State of the European Union and the requesting State to refund the cultural property, without thereby prejudice the right of the requesting State to initiate legal action in order restitution of cultural property.


(5) The Romanian authorities will inform the applicant of the initiation of the procedure for refund, safe, of cultural property.


Article 65



(1) An action for restitution of cultural goods unlawfully removed from a Member State of the European Union is brought by the State concerned to the Court of Appeal against the property owner or registered keeper.


(2) Return proceedings under par. (1) must be accompanied by the following documents:


A) description of the asset which is the subject of restitution;


B) a declaration that the property which is the subject of restitution is cultural;


C) declaration of the competent authorities of the Member State of the European Union applicant, that the object was unlawfully removed from its territory.


(3) If at the time the refund is lodged in output in the Member State of the European Union applicant no longer of unlawful action is dismissed as inadmissible.


(4) The Government of Romania, through the Ministry of Culture, will present the European Commission every three years, a report on actions brought about the return of cultural objects unlawfully removed from a Member State of the European Union.


Article 66


(1) Return proceedings provided for in art. 65 para. (1) prescribe within one year from the date on which the Member State of the European Union applicant became aware of the location of the cultural object and the identity of the owner or registered keeper, but no later than 30 years from the date the object was unlawfully removed from the territory complainant, a member of the European Union.


(2) In the case of cultural objects forming part of public collections, referred to in art. 60 para. (1) c) as well as ecclesiastical goods which, in the Member States of the European Union, subject to special protection, in accordance with national law, return proceedings shall be prescribed within 75 years, unless Member States of the European Union where or where the action is imprescriptible bilateral agreements concluded by Romania with the European Union Member States, laying down a period exceeding 75 years.


Article 67


(1) The Court of Appeal decides restitution cultural object if it is established that the property which is the subject of restitution is cultural in the sense of art. 60 and leaving the territory of the Member State of the European Union is illegal under art. 61.


(2) par. (1), the court decides to grant fair compensation cultural asset holder and specialized institution which carried out the conservation measures referred to in art. 62 para. (2) and art. 63 para. (2) as applicable. Granting compensation only if the owner is willing to deposit it all efforts on acquisition cultural property.


(3) Judgment of the Court of Appeal ordering the restitution of cultural property and compensation for damages in para. (2) may be appealed to the High Court of Cassation and Justice within 15 days from notice. High Court of Cassation and Justice shall judge the appeal of emergency.


(4) Where the appeal referred to in para. (3) High Court of Cassation and Justice, quash the sentence will retry dispute on the merits.


(5) Payment of compensation provided in par. (2) falls to the applicant Member State of the European Union are carried out in real time remittance material which was the subject of the action in restitution and must cover, as appropriate:


A) costs incurred by the owner in good faith in connection with the acquisition and preservation of cultural property;


B) expenditure in connection with the specialized cultural asset preservation.


(6) Expenses arising from enforcing the judgment which return cultural property are the responsibility of the applicant Member State of the European Union.


(7) The right applicant Member State of the European Union to take possession cultural refundable prescribing within 3 years from the date on which the judgment ordering the return of the property in question has become final and irrevocable if within that period the applicant Member State does not pay the compensation provided in par. (2).


Article 68


Member State of the European Union applicant is entitled to recourse against the person responsible for illegal exit of the cultural object from its territory, where the property has been returned in accordance with art. 67 para. (1), and when the State has paid the compensation provided for in art. 67 para. (2).

Article 69



Exercise of the right to bring return proceedings does not prejudice the applicant Member State of the European Union and, where appropriate, the owner of a cultural object unlawfully removed from the territory of a Member State of the European Union to formulate other actions, civil or criminal in accordance with its national law.



Recovery Chapter X movable cultural objects unlawfully removed from the territory of Romania

Article 70


(1) The Ministry of Culture may request any State, under the law, conducting research in order to discover the whereabouts of, and to identify the owner or holder of a specific cultural property unlawfully removed from the territory; the application shall contain data on cultural asset description and information on the presumed location of the cultural object in question.


(2) An action for restitution of a cultural object unlawfully removed from the Romanian territory may be brought by the Ministry of Culture.


(3) The categories should be part of the cultural goods subject to this chapter are set out in the Annex to this law.


(4) Recovery of cultural property as identified under par. (1) is done according to legal procedures agreed between the parties.


(5) The provisions of art. 61 shall apply accordingly movable cultural property in Romania subject to this chapter.


Article 71


(1) The Ministry of Culture takes measures to restore to the applicant State of the cultural object unlawfully removed from its territory, and for making payment by the applicant State of damages awarded by the court of the owner or holder of good faith, and and specialized institution that performed expenditure on cultural asset preservation.


(2) The Ministry of Culture shall ensure the return of cultural objects unlawfully removed from the Romanian territory, and in order for the Romanian state party damages awarded by the court of the owner or holder of the property and its specialized agency who performed the expenditure on the preservation of the cultural object.


Article 72


Ministry of Culture has the right to recourse against the person responsible for illegal exit cultural good on the Romanian territory, where the property has been recovered, and the Romanian state was forced to pay damages and the possessor or holder where appropriate, specialized institution that conducted spending on the conservation of the cultural object.

Article 73


Culture Ministry will notify the competent authorities of the Member States of the European Union regarding the recovery of cultural goods unlawfully Romania.

Chapter XI


offenses and crimes
Offences Section 1



Article 74


Violation of this law will result in disciplinary, civil, administrative or criminal, as appropriate.

Article 75


(1) The contraventions, if not committed so that the criminal law, constitute crimes, the following facts:


A) failure by the natural or legal persons of private law the term and conditions set forth in art. 43 para. (1);


B) failure by the natural or legal deadline under art. 43 para. (2) the communication loss, theft, total or partial destruction of a movable cultural ranked;


C) non-authorized economic operators in the marketing of movable cultural obligation to display in a visible place rules on trade in cultural goods moving under Art. 35 para. (3);


D) non-authorized economic operators in the marketing of movable cultural obligation of notification of the existence of movable cultural likely to be ranked within the terms and conditions set out in art. 35 para. (5);


E) failure by individuals of the obligation to surrender a movable cultural accidentally discovered within the period prescribed in Art. 49 para. (1);


F) failure of the owners, the holders of other real rights for holders of rights management or owners of any title classified movable obligations under art. 23 para. (1) a), c) to f);


G) failure of the authorities to their obligations pursuant to Art. 22 para. (2);



H) the establishment and operation of specialized economic operators in the marketing of movable cultural property without the authorization of the Ministry of Culture issued according to art. 35 para. (2);


I) failure of the authorized economic operators in the marketing of movable cultural obligation to draw up the register provided in Art. 35 para. (4);


J) non-authorized economic operators in the marketing of movable cultural terms and conditions set out in art. 35 para. (7) on the sale of movable cultural goods classified as thesaurus;


K) make copies, casts, posthumous editions and facsimiles of the movable cultural objects by the natural or legal persons without compliance with art. 26 para. (1);


L) achievement by individuals or legal reproduction through photographic, video or digital on movable cultural goods without the written consent of the right holder or owner of the asset management reproduced, according to art. 27 para. (3);


M) use of natural or legal persons of improper breeding techniques, affecting the integrity or quality of movable cultural objects, according to art. 27 para. (4);


N) failure of the owners and owners of movable cultural objects administration's obligation under Art. 23 para. (2) b);


A) restoration of movable cultural goods classified as thesaurus, without the approval of the National Commission for Museums and Collections or outside laboratories or workshops approved, according to art. 29;


P) any work that may affect the archaeological site before obtaining the certificate of release according to Article archaeological field. 48 para. (6);


R) conducting research for preventing release of the archaeological field according to art. 48 para. (6).


(2) The provisions of par. (1) a) and b) is punishable by a fine of 10,000 lei to 2,000 lei.


(3) contraventions provided in para. (1) c) -f) is punishable by a fine of 4,000 lei to 20,000 lei.


(4) The provisions of par. (1) g) -r) is punishable by a fine of 6,000 lei to 24,000 lei.


(5) fines can be applied to legal persons.


(6) limits fines shall be updated by Government decision.


Article 76


Copies, moldings, posthumous editions, facsimiles and reproductions through photographic, video, digital or otherwise, made in breach of art. Or Article 26. 27 para. (3) shall be confiscated by the official examiner and submitted administration of specialized public institutions, with the approval of the National Commission for Museums and Collections.

Article 77


Ascertained and the penalties provided in Art. 75 specialists are decentralized public services of the Ministry of Culture, which, at their request, will be assisted by the police.

Article 78


(1) Against the report of the contravention and sanctions shall be filed within 15 days from notice.


(2) complaint against the minutes ascertaining the misdemeanor and the penalty shall be settled by the court in whose jurisdiction the offense was committed.


Article 79


(1) The provisions of this law relating to misdemeanors, are completed by the Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments by Law no. 180/2002, as amended and supplemented, except art. 28 and 29.


(2) The fines are revenues to the state budget.


Section 2


Offences
Article 80


Execution for commercial copies, moldings, posthumous editions or facsimiles of the movable cultural goods, without the written consent of the holder of the administration or of the owner, according to art. 27 para. (1) or (2) where appropriate, an offense punishable by imprisonment from 3 months to 2 years or a fine.

Article 81


Counterfeiting of movable cultural objects for commercial purposes or if they have been exposed in public, an offense punishable by imprisonment from 6 months to 3 years or a fine.

Article 82


Degradation, brought into disuse or destruction, negligence, of a movable cultural ranked constitutes an offense punishable by imprisonment from one month to one year or a fine.


Article 83


(1) Carrying out illegal export operations is punishable by imprisonment from 6 months to 3 years or a fine.


(2) If the act in para. (1) resulted in the loss of a movable cultural ranked penalty is imprisonment from one to 5 years.


(3) The attempt is punishable.


Article 84


(1) Making no right of any permanent export operations covering movable cultural goods is an offense punishable by imprisonment from one year to five years.


(2) The attempt shall be punished.


Article 85


(1) Placing on Romanian territory and possession, marketing, organization of exhibitions or any operation on the movement of movable cultural property or from dismantling of cultural property, forming part of the cultural heritage of a foreign state, according the laws of the State concerned, which have been illegally exported shall be punished by imprisonment from 6 months to 3 years or a fine.


(2) The goods provided in par. (1) is indisponibilizează and will be sent to specialized institutions for preservation and restitution of state whose cultural heritage they belong.


(3) The attempt is punishable.


Article 86


Execution by individuals without accreditation and certificate of free practice, being aware of the need to have their works of conservation and restoration of movable cultural goods classified as such constitutes an offense punishable by imprisonment from one month one year or a fine.

Article 87


Operating without authorization issued under this law laboratories or workshops that performs restoration and conservation of movable cultural objects constitutes an offense punishable by imprisonment from one month to one year or a fine.

Article 88


Melting or changing in any form, the movable cultural objects that are owned by any title of National Bank of Romania, the Mint State or other banks constitutes an offense punishable by imprisonment of one to five years.

Article 89


Goods referred to in art. 80, art. 83 para. (1) and art. 84 para. (1) shall be confiscated and submitted administration specialized public institutions, with the approval of the National Commission for Museums and Collections.



Chapter XII Transitional and Final

Article 90


(1) Within 90 days of the publication of this law in the Official Gazette of Romania, Part I *), Ministry of Culture shall issue, with the approval of the National Commission for Museums and Collections:

__________


Note


*) This law was published on 27 October 2000 in the Official Gazette of Romania, Part I.

A) rules for classifying movable cultural property;


B) Rules for preservation and restoration of movable cultural objects;


C) Rules for preservation and restoration of cultural property in public collections;


D) rules for accreditation of experts;


E) rules for accreditation specialists;


F) rules for accreditation of conservators and restorers;


G) rules on the authorization of laboratories and workshops for conservation and restoration;


H) Methodological Norms on permanent or temporary export of movable cultural property;


I) rules on trade in movable cultural.


(2) The rules laid down in para. (1) a) -h) shall be approved by the minister of culture and will be published in the Official Gazette of Romania, Part I.


(3) The rules laid down in para. (1) i) shall be approved by Government decision.


Article 91


Within 3 months from the date of entry into force of this Act *), Ministry of Culture will establish the following registers: __________


Note


*) See footnote art. 56 para. (2).

A) register of experts, to be entered accredited persons as experts to the areas referred to in art. 3;


B) Register conservators and restorers;


C) The register of cultural property destroyed, stolen, illegally exported.


Article 92


(1) Within 3 months from the date of entry into force of this Act *) specialized public institutions are required to submit National Commission for Museums and Collections proposals on the ranking movable cultural treasure held.

_________


Note


*) See footnote art. 56 para. (2).


(2) Within 6 months from the date of entry into force of this Act *) religious denominations and non-public institutions are obliged to submit to the decentralized public services of the Ministry of Culture in whose jurisdiction the established inventory movable cultural objects held in order to carry out the classification.

_________


Note


*) See footnote art. 56 para. (2).

(3) The deadline for filing procedure is 6 months for movable cultural property in para. (1) and (2) that are subject to this procedure in the first 9 months of application of this law.


Article 93


(1) The movable cultural deposited in the custody of public institutions after December 31, 1947 will be refunded by the institutions holding natural or legal persons who have filed under civil law at their written request, with approval National Commission for Museums and Collections.


(2) The movable cultural objects taken before 6 September 1940 by state authorities can not be claimed; movable cultural property illegally taken over by state authorities after September 6, 1940 can be claimed by the rightful owners and will be returned to them by the institutions they own, based on a final court decision. Claims for recovery of legal fees are exempt from stamp duty. Institutions holding archives on movable cultural property shall allow access to documents on the origin and taking them.


(3) movable cultural goods, subject to refund under par. (2) may be sent to its rightful owners only after guaranteeing in writing, by them, to comply with this law.


(4) Where refundable provided in par. (2), is made up of several collections movable cultural filing under the procedure they can be returned to owners annually on parts of collections, as they were dismissed.


Article 94


(1) works of fine art and photographic works of decorative art or religious works ethnographic, folk craftsmen and other works created by authors living may not be ranking.


(2) cultural goods provided in par. (1) may be temporarily or permanently exported without restriction.


Article 95


Within 6 months from the date of entry into force of this Act *) statements of individuals and alphabetic files or areas filled due to the application of Law no. 63/1974 on the protection of national cultural heritage of the Socialist Republic of Romania, published in the Official Gazette, Part I, no. 137 of 2 November 1974 repealed by Decree no. 90/1990 on the establishment and organization of the Commission for Museums and Collections, published in the Official Gazette of Romania, Part I, no. 20 of 6 February 1990 are in keeping decentralized public services of the Ministry of Culture and National Heritage Institute, inventoried, sealed and handed the National Archives. _________


Note


*) See footnote art. 56 para. (2).

Article 96


Within 90 days from the date of entry into force of this Act *) in the General Inspectorate of Romanian Police Ministry of Internal Affairs organizes specialized structures in preventing, detecting and investigating illegal acts goods that belong to regime the national cultural patrimony. _________


Note


*) See footnote art. 56 para. (2).

Article 97


Within 90 days from the date of entry into force of this Act *) Ministry of Finance, with the Ministry of Culture will create, within the National Agency for Fiscal Administration, specialized structures in preventing and combating illicit trafficking in goods cultural phones. _________


Note


*) See footnote art. 56 para. (2).

Article 98


Ministry of Culture, Ministry of Interior and Ministry of Defence will ensure, through a program of coordinated actions, protection and integrity of movable cultural objects, in institutions specialized and non-specialized in religious institutions and private collections, risks arising from natural disasters, civil unrest or armed conflicts.

Article 99


(1) This Law shall enter into force 90 days after its publication in the Official Gazette of Romania, Part I **).


__________


Note


**) See footnote to art. 90 para. (1).

(2) On the same date, the provisions of art. 2 para. 2, art. 3-5, art. 9, 11 and 12 of the Government Ordinance no. 27/1992 on measures for the protection of national cultural heritage, published in the Official Gazette of Romania, Part I, no. 215 of August 28, 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 letter a) and b), art. 4, 6, art. 8 paragraph. (1) d) art. 9 letter b) and d), art. 11, 15, 20, 25, art. 27 para. (1), Art. 28 and Art. 30 para. (1) of the Government Ordinance no. 68/1994 on the protection of national cultural heritage, published in the Official Gazette of Romania, Part I, no. 247 of 31 August 1994 approved and amended by Law no. 41/1995, published in the Official Gazette of Romania, Part I, no. 105 of 30 May 1995 as amended and supplemented, and any contrary provisions.


Appendix



Categories of cultural goods which may be subject to refund, respectively recovery within the meaning
head. IX and X
1. Archaeological objects older than 100 years, coming from:

A) discoveries and excavations on land or underwater;


B) archaeological sites;


C) archaeological collections.


2. Elements from dismantling a monument to artistic, historical or religious group, which constitutes an integral part thereof, older than 100 years.
March. Paintings or paintings made entirely by hand in any technique and on any medium.
4. Mosaics other than those listed in pt. 1 or pt. 2 and drawings made entirely by hand in any technique and on any medium.
May. Original engravings, prints, serigraphs and lithographs with molds and their first copies printed.
June. Original productions of statuary or sculptures and copies executed by the same process as the original, other than those listed in section. 1.
July. Photographs, films and negatives thereof.
August. Incunabula and manuscripts, including maps and musical scores, singly or in collections that.
September. Books older than 100 years, as isolated specimens or in collections.
10. Printed maps older than 200 years.
11. Archives and parts thereof, of any kind, in any technique, with older items for 50 years.
12. a) Collections and specimens from zoological, botanical, mineralogical or anatomical;

B) Collections of historical significance, palaeontological, ethnographic or numismatic interest.


13. Means of transport more than 75 years old.
14. Any other movable cultural categories not included in the section provided. 1-13 older than 50 years.
_______

Related Laws