FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law:

PREAMBLE

I

Intangible cultural goods

The concept of cultural heritage has followed an uninterrupted process of enlargement over the last century. From the artistic and historical and the monumental as central values and typologies, it has also moved on to incorporate other elements that integrate a new, expanded notion of culture. It responds to a new conception derived from the scientific theorization of ethnology and anthropology, to which an increase of the social consciousness is associated with these other expressions and manifestations of culture. This process could now be synthesized in the doctrinal proposal of the transit of the "goods" to the "goods" or, in more current terms, of the material goods to the immaterial goods.

Without prejudice that, in essence, in all cultural goods there is a non-tangible symbolic component and that the imbrication between the material and the immaterial is profound and, in many cases, uncleaved, the external conformation of the The cultural heritage is what makes this distinction between material and immaterial as singular and distinct issues. This involves clearly differentiated legal formulas and techniques when they are protected. While in the protection of the former premium the "conservation" of the good in its pristine configuration and in its territorial location (especially in the real estate), in the second it highlights an action of "safeguard" of the practices and the carrier communities in order to preserve the conditions of their intrinsic evolutionary process, which is carried out through intra-and intergenerational transmission. Intangible assets also have a spatial "locus", but this can present more diffuse scopes and scopes, as the community carries the cultural forms that integrate them, as well as its dynamic character and its capacity to be shared.

The emergency process of intangible heritage is long in time. Ethnographic and anthropological studies, since they achieved scientific status in the last years of the nineteenth century, had been driving the flourishing of interest towards the forms of expression of traditional culture. It is worth remembering, among the scholars of folklore in Spain, the work of Antonio Machado Alvarez, father of the Machado brothers, and his then modern and advanced conception of folklore, creator, in 1881, of the " Society for the collection and study of the In the wake of other initiatives taken in those years outside of Spain, mainly in England, it follows the wake of other initiatives taken in those years. And these reflections will be consolidated with the extensive scientific development of anthropology and ethnology throughout the twentieth century.

However, unlike the material historical heritage, the now so-called intangible heritage did not, for most of that century, have a place in the system of legal protection of heritage.

fact, the insertion of the intangible cultural manifestations into the legal system is a new fact, which has only begun to take over the last few decades, to the compass of its growing social appreciation. This insertion has been accompanied by a process of doctrinal legal renewal on the cultural heritage, in which it is necessary to recall the contribution in Italy, in the decade of the seventies of the previous century, of the so-called Commission Franceschini and the doctrinal construction of the iuspublicist Giannini, who propose a new broad and open concept of cultural goods as " everything that incorporates a reference to the History of Civilization is part of the Heritage Historical ".

This process of legal recovery presents two distinct fields of concreteness, that of international instruments and that of domestic law.

II

Spanish legislation

Intangible cultural goods were only referred to in the first general rules of cultural heritage. Thus, the Royal Decree-Law of 9 August 1926, on the protection, conservation and enhancement of artistic wealth, only makes a reference to the "typical" and the "picturesque", but it has an end to the architectural ensembles. Article 3 of the Law on Defense, Conservation and Enhancement of the National Historical-Artistic Heritage of 13 May 1933 makes a brief reference to the picturesque sites that must be preserved from destruction or reform. harmful. These goods will appear more clearly in the Decrees of 1953 and 1961, which refer to the inventories, catalogues and services of the ethnological or folkloric heritage, but also of material character.

The Spanish Constitution of 1978 will offer a conceptual framework already clearly receptive to intangible heritage, a pioneer in the European constitutional context. This is clearly discernible throughout its drafting. Already the Preamble itself, quintessentially of the content of the text, is palmariously expressive when it entrusts the Spanish Nation " to protect all Spaniards and peoples of Spain in the exercise of human rights, their cultures and traditions, languages and institutions. ' Equally expressive is Article 3.3, when, from a non-exclusively linguistic perspective, but a broader cultural perspective, it declares the plurality of Spanish linguistics as a wealth that must be protected as a cultural heritage: " wealth the different linguistic modalities of Spain is a cultural heritage, which will be the object of special respect and protection ". Another step is Article 46, which, in the first place, overflowing the traditional denominations of "historical and artistic" heritage, now adds a third value, the "cultural", which undoubtedly widens the concept of the protected to accommodate what is now called immaterial culture. Finally, the article 149.1.28. is a reference to the cultural heritage, together with the artistic and monumental Spanish.

It will be, in the field of state legislation, Law 16/1985, of 25 June, of the Spanish Historical Heritage, the text that begins to explicitly consider the immaterial values announced in the Constitution, in the invocation the "knowledge and activities", within the ethnographic heritage, as a new object of protection. Title VI, which responds to the title of Ethnographic Heritage, establishes in article 46 that part of the Spanish Historical Heritage " the movable and immovable property and the knowledge and activities that are or have been the relevant expression of the traditional culture of the Spanish people in their material, social or spiritual aspects ". In turn, Article 47 specifies that "it is considered that they have ethnographic value and shall enjoy administrative protection for those knowledge or activities that come from traditional models or techniques used by a particular community".

Similarly, it should be noted that all the Autonomous Communities, in application of their exclusive competences in matters of cultural heritage, have proceeded to regulate this matter. Thus, the autonomous regulations on historical or cultural heritage approved between 1990 and 2013 have been incorporating, with different formulas and denominations, intangible cultural goods.

It is important to point out that the final provision of Law 18/2013, of 12 November, for the regulation of Tauromaquia as a cultural heritage, expressly entrusts the Government with the impetus of the regulatory reforms. necessary to collect, within the Spanish legislation, the mandate and objectives of the Convention for the Safeguarding of the Intangible Cultural Heritage of UNESCO.

Finally, it is appropriate to recall, from the perspective of comparative law, that intangible cultural goods have become visible in national legal systems, especially in Ibero-Americans. This visibility, which translates a new social consciousness, is manifested in a privileged way, as supreme norms, in the Constitutions. The new or renewed constitutional texts of the last decades show a marked tendency to incorporate these ideas, in some cases directly and in others through a new conceptual context that favors their understanding as part of the cultural heritage. This is the case, apart from the Spanish Constitution of 1978, the Constitutions of Brazil (1988), Colombia (1991), Mexico (1917), Ecuador (2008), Bolivia (2009), Poland (1997) or Portugal (1976). Among all these texts, it is to point out article 216 of the Brazilian Constitution of 1988, precept that, in addition to incorporating, in a novel way in the constitutional language, a reference to the goods of immaterial nature, includes among these "the forms of expression" and "the ways of creating, doing and living". And, in parallel, the ordinary legislation of an increasing number of countries has incorporated special laws of intangible heritage, among which are those of Brazil (2000) and Portugal (Decreto-Lei n. º 138/2009, of June 15).

III

International commitments

But the most decisive impulse of intangible heritage is placed in International Law, fundamentally in the action of UNESCO, which is crowned in the Convention for the Safeguarding of the Intangible Cultural Heritage, 2003.

Before this Convention, it had been paving the way in a short process in time, but pulled by numerous initiatives. The darkness in which the intangible heritage had remained in the 1972 Convention will be the trigger that excites in the following years a rosary of encounters and declarations. As has been repeatedly warned, the UNESCO Convention of World, Cultural and Natural Heritage in 1972 was born as an instrument focused primarily on the objects of so-called material culture. It is therefore in international law that an instrument for the legal recovery of intangible cultural and social cultural creations remains.

Among the actions followed in the international order, in particular by UNESCO, the Accra Conference in 1975 on the African field, which highlights the value of cultural diversity and the need for the safeguarding of languages, the oral tradition and the promotion of traditional and popular arts.

passage omitted] The Conference held in Bogota, in 1978, approves a declaration that emphasizes the rescue and safeguarding of the heritage linked to the identity of the peoples and their authenticity, pointing out, in their recommendation 31, music and dance as essential elements.

Another milestone is the relevant Intergovernmental Conference on Cultural Policies, organized by UNESCO in Mexico, in 1982. The contribution of this meeting is that it will carry out a work of systematization of the previous recommendations. In the Declaration adopted by the Conference, which refers to all areas of culture, it emphasizes that cultural heritage is part of "the material and intangible works that express the creativity of a people", specifically naming, among others property of intangible heritage, language, rites, beliefs, literature and works of art.

A new UNESCO Conference in 1988 includes a Recommendation to the Member States on the "Safeguarding of Folklore". This will be taken into account by the Conference held in Paris in 1989, which will mark a fundamental milestone in the specification of this heritage, as the approved Declaration will be designated as "Traditional Culture and Folklore". translated into Spanish as "traditional and popular culture". It is already a definition of "folklore" and includes in it language, literature, music, dance, games, mythology, rituals, customs, crafts, architecture and other arts.

After the decisive previous Conference, in the next decade, several seminars will be held to evaluate the implementation of the Recommendation, which will allow to see a complete end in the appearance of the concepts. "Oral" and "intangible", which will be the subject of particular reflection at the Washington Conference, in 1999. It discusses the problematic nature of the term "folklore", its pejorative character, and the need to study other alternatives, "oral heritage", "traditional knowledge and skills", "intangible heritage", " forms of know, be and do. " A new Seminar, held in New Caledonia in the same year, will produce an express rejection of the term "folklore". It will be in a report by the Director-General of UNESCO, in 2001, and in the Declaration adopted in Istanbul, 2002, when the expression "intangible cultural heritage" is consolidated.

The process will culminate with the approval, at the 32nd UNESCO meeting, on October 17, 2003, of the Convention for the Safeguarding of the Intangible Cultural Heritage, ratified by Spain in 2006.

also in international instruments of a regional nature, a similar process can be perceived, with the Ibero-American Cultural Charter being highlighted in the Ibero-American space. This Declaration, approved at the XVI Ibero-American Summit held in Montevideo in 2006, includes numerous references to this heritage. Among them, in Title I of "Fines", is the commitment of the Ibero-American countries to promote the protection and dissemination of the "cultural and natural heritage, material and Ibero-American material". Commitment which, at a later stage, is developed with the incorporation into Title III of "Ambition of Application", of an area relating to cultural heritage, which integrate it " both the material and intangible heritage, which must be the subject of indispensable for special respect and protection ".

Also, resolution IX/4 of the Ninth United Nations Conference on the Standardisation of Geographical Names, held in New York in August 2007, taking into account the said Convention, We are part of the intangible cultural heritage, it encourages the official agencies responsible for the toponymy, among other things, to elaborate a program of safeguarding and promotion of this patrimony, in accordance with paragraph 3 of the Article 2 and Article 18 of the Convention.

IV

State competence

It is known that the Spanish Constitution incorporates, in the field of culture, a complex and complex system of competence, with rules of a dense specificity without parallel in other matters. To have an impact on sensitive values, which are associated with the exercise of numerous fundamental rights, the imprecision and the horizontality of the concept itself-which originates more than the normal collisions of competing titles-the concurrency or duality competence-which makes it possible for certain functions to operate different administrations at the same time, outside the logic of the normal competitive distribution inclusius unius, exclusius alterius- and the duty of cultural communication-such as a project democratic coexistence in diversity-they would be their singular marks.

From these considerations, it is appropriate to explain how the powers that the State exercises in this law are inserted:

A. The law as a standard of "general treatment" of intangible cultural heritage.

The possibility of the regulation intended by this rule comes under the doctrine of the Constitutional Court primarily, for all, in Sentences 17/1991, 31 January, and 49/1984, of 5 April. According to these judgments, the "integration of the matter relating to the historical-artistic heritage in the broadest one that refers to the culture allows to find a foundation for the power of the State to legislate on that", given that the competence of the State will have to be deployed " in the area of preservation of the common cultural heritage, but also in that which requires general treatment or which makes menester is public action when cultural purposes cannot be achieved from other instances " (Judgment of the Constitutional Court 49/1984).

In congruence with the preceding doctrine, this law does not intend anything other than to offer a "general treatment" of a matter in need, since, as has been explained, the intangible cultural heritage has known in the last decades a remarkable conceptual flourish as well as in the social consciousness and, above all, in the international legal order, whose major milestone is, as has been stated, the approval of the UNESCO Convention in the year 2003. The context of the year 1985, in which the Spanish Historical Heritage Law is approved, explains the succinct and limited treatment that the law makes to "ethnographic heritage" as a special patrimony in articles 46 and 47 of the law, today, by the Clearly insufficient, exposed reasons. The purpose of the law at this point is, by bringing the words of the judgment of the Constitutional Court 17/1991, to fix the peculiar status of cultural goods, which "comprises, first of all," the general treatments " to which it refers. Specifically, the judgment of the Constitutional Court 49/1984 and, among them, specifically, those institutional principles that require a unitary definition " (F.J. 3. º).

the law is limited to profiling a set of master lines that do not prevent the Autonomous Communities, under the rules of competition law, from the rule of law. ampara, they may also dictate their specific regulations on the same subject. General lines are, in fact, to establish a basic and general concept of intangible heritage, to determine the fundamental principles and rights involved in this heritage, to establish the general administrative and organic mechanisms of insertion of the whole of the Spanish intangible cultural heritage (General Inventory of Intangible Cultural Heritage), regulating the operational instruments of action (National Plan for the Safeguarding of the Intangible Cultural Heritage), as well as laying down the general objectives of the various fields and sectors ( cultural repository, education, social media ...) which, according to the UNESCO Convention, can be of great help to a better safeguard and knowledge of intangible heritage.

B. The activity of significance by the State of the common values and assets of intangible heritage.

The law also assumes a specific duty, constitutionally obliged, to develop the mandate to promote the putting in value of the common culture, as long as article 149.2 of the Spanish Constitution entrusts the State, without To the detriment of the competences that may correspond to the Autonomous Communities, with great emphasis and markedly imperative words without paragon in the whole of the Spanish Constitution, to provide the service of culture as a fundamental task: ' Without prejudice to the powers which the Autonomous Communities may assume, the State consider the service of culture as essential duty and attribution ... ". The emphasis is placed on the action on culture (it will consider) and on the qualification of this (essential duty and attribution) referred, in this case, directly and immediately to the institutions of the General Administration of the State, as the It sets out the scope of the mission of the latter after it has saved the competences of the Autonomous Communities in matters of culture ("Without prejudice to the competences that the Autonomous Communities may assume" ...).

This precept is, precisely, the basis of competition, a singular formula in the field of culture and directly derived from the full assumption by the constituent of the polyhedral and complex nature of the concept of culture. What, in short, translates the precept in organizing the division of tasks among the different territorial public authorities is that the symbolic-expressive values of individuals and groups are capable of being reflected. simultaneously, but differentially, in different planes. Therefore, the impulse of these cultural values, of the territorial communities and of the general community of the State, when articulated in the organized democratic society, is constitutionally reflected in a set of principles and rules for order that cultural diversity as a full and integrated system.

To these deeply democratic bases is to what responds, in technique of division of competences, the concurrency or cultural competence duality, specifically referred, as the doctrine has pointed out, to the action of promotion and preservation of all that cluster of cultural values. Concurrence that the Constitutional Court took over, very early and in a palmarian way, in Judgment 49/1984. The quote is extensive, but necessary: " ... a reflection on cultural life leads to the conclusion that culture is something of the own and institutional competence of both the State and the Autonomous Communities, and we could still add communities, because where a community lives there is a cultural manifestation in which the representative public structures can hold competences, within what in a not necessarily technical-administrative sense can to be understood within the "promotion of culture". This is the reason why article 149.2 of the Spanish Constitution obeys, in which after recognizing the autonomic competence affirms a state competence, placing the accent on the service of culture as duty and essential attribution. There is, at long last, a state competence and an autonomic competence in the sense that more than a vertical competitive distribution, what is produced is a concurrency of competences ordered to the preservation and stimulation of the own cultural values of the social body from the corresponding public instance ".

What is at stake in this law is, therefore, that the State can fulfill its specific mandate, in relation to the common values that it is primarily responsible for representing, in relation to intangible heritage. That is to say, that the State puts in value, in accordance with the words of Judgment 49/1984, those "cultural manifestations" of such heritage that may be representative of the state community, by means of its declaration as " Manifestation Representative of the Intangible Cultural Heritage. " This is clearly possible and obliged in the case of intangible assets. While interpreting the Spanish Historical Heritage Law, the judgment of the Constitutional Court 17/1991 chose to consider that the competition of execution for the declaration of material cultural goods is, with some exceptions, In essence, this consideration rests, as the Judgment expressly confesses, in the fact that these goods are registered in a territorial locus: " the legal category of goods of cultural interest within the Historical Heritage Spanish is made up of the most relevant Spanish, usually located in some of the Autonomous Communities " (F.J. 10. º).

However, and this is also a fundamental fact, in the case of intangible assets, the roots and territorial or local origin does not prevent some of them from simultaneously presenting territorial manifestations supra-autonomic, either because the carrier communities extend far and wide of several autonomous territories, either because they are deeply imbrated in the general collective imagination of the Spanish. These last manifestations have to look, in a special way, with those intangible goods that have an acknowledgment or are shared even beyond the state territory, as in the case of the most clear, with cultural values in the historical experience of our country and, especially, the members of the so-called Ibero-American culture.

This is, consequently, the sense that it has for the State, in terms of the common culture, to understand that the fulfillment of the mandate of article 149.2 of the Spanish Constitution to consider the service of culture "essential duty and attribution" means that it may mean those manifestations which fulfil these conditions. In fact, still accepting that the Preamble of the Spanish Constitution is not a part of this text with the virtue of attributing competences, if it has the courage to help interpret the meaning of those norms that have that nature, as it is the Article 149 (2), point 2. In fact, the Preamble, in its fourth paragraph makes it clear that "all Spaniards", as well as the "peoples of Spain" are bearers of intangible cultural manifestations: " The Spanish Nation proclaims its will to: (...) protect all Spanish and Spanish peoples in the exercise of human rights, their cultures and traditions, languages and institutions. " Here, then, is the social whole-the whole of the Spanish-and the parts-the peoples of Spain-conceived as subjects with the same cultures and traditions, languages and institutions.

Finally, to greater abundance, it is appropriate to invoke here the general doctrine of the Constitutional Court to accept exceptional cases in which the State can intervene in areas of autonomous competence " when, in addition to (a) the extent to which it is not possible to carry out the operation of the system, which is not capable of being carried out by means of a system of competition, and, even in this case, that action cannot be carried out by means of cooperation and coordination, but requires a degree of homogeneity which can only be to guarantee its allocation to a single holder, which must necessarily be the State, or where it is necessary to have recourse to an entity with the capacity to integrate competing interests of several Autonomous Communities " (Judgment of the Constitutional Court 223/2000, of 21 September, F.J. 11.).

It is obvious that this possibility of the significance of cultural goods is not unlimited for the State, because otherwise it could generate the emptying or disfiguration of the corresponding autonomic competence. On the one hand, it will have to be justified and limited only to those cases where it comes, through the usual scientific and technical procedures of auctoritas inherent in the determination and administrative significance of the goods. (through the mandatory advisory reports). And, on the other hand, going further, because the singular nature of intangible heritage makes it possible, that there are cultural goods that can be creditors to that state significance does not prevent, in what they may have of cultural manifestation it also specifies autonomic or sub-regional, which the Autonomous Community may declare, by means of its own procedures and categories of significance, those same goods in order to preserve and value the expressions or particular modulations with which they manifest in their territorial scope.

It is undeniable that the concurrence, thus understood, is the way in which the Spanish Constitution has chosen to articulate cultural diversity as a system of cultural pluralism that it assumes as a complex and imbricated wealth. Although it is not hidden that this formula, so that it does not derive in disorder or dispersion, it needs particular rules of assembly and collaboration. This is where it comes into play, as one of the not only but if very important techniques, a new mandate of Article 149.2 of the Spanish Constitution when it entrusts the State with the task of "facilitating cultural communication between the Communities". Autonomous, according to them ".

C. The facilitation of cultural communication.

This is precisely the third of the objectives that the law is trying to address. One of the axes of this law is the "cultural communication" that Article 149.2 of the Spanish Constitution formulates, again, in markedly imperatives terms, as another entrusts the State: " ... and will facilitate the cultural communication between the Autonomous Communities, according to them ".

This proposal for cultural communication involves two planes of concretion, one administrative and another noun. The first one, already mentioned and validated by the ruling of the Constitutional Court 17/1991, has to do with the interadministrative collaboration between the State and the Autonomous Communities and the Autonomous Communities in matters of historical heritage, because it is a general duty of essence to the model of territorial organization of the State implemented in the Spanish Constitution; and because, in particular, in the case of culture, according to literally the Constitutional Court, " is strengthened by the mandate of Article 149.2 of the Spanish Constitution. ' But it is a mandate that also involves a substantive, undeclinable and absolutely essential plane to the building of cultural pluralism of the Spanish Constitution, which the whole of the public authorities promote, from the agreement and the consensus, the communication, valorization and mutual recognition of the multiplicity of cultural values and expressions that are given in the State.

In Article 149 (2), the State is appealed as a guarantor of this task, but together with the Autonomous Communities. In other words, it does not leave them in the position of the passive recipient of that task to the State, but rather the necessary ones, by demanding that it be developed "according to them." Known that the Spanish Constitution adopts as prius the cultural diversity of Spain (while recognizing the existence of a complex and imbricated aggregate of cultural expressions in which a common culture also has a place), without However, it does not propose exclusively unilateral state action to preserve that aggregate. It chooses, rather, by "cultural communication", that is, interaction-communication, unlike dissemination, is a bilateral action-among the subjects of that plurality of cultures. And, moreover, it does so in democratic terms of consensus, "according to them." In short, the substance of this proposal in this substantive plan is none other than that of laying the foundations of a cultural project of great importance for the cultural pluralism of our State of celebration of diversity as a wealth that must be maintained and preserved for the future. Diversity has multiple planes and the civilizing and democratic role of public authorities is, from their specific missions in relation to their respective areas of service to the general interest, to put them in value for a diversity. The aim of the programme is to improve the quality of life and to improve the quality of life, and to improve the cultural freedom of citizens from classical freedom and autonomy to a new possibility, the freedom of choice in the various. This is precisely the proposal of the Convention for the Protection and Promotion of the Diversity of Cultural Expressions of the UNESCO of 2005, also ratified by the Spanish State which, after beginning to affirm in the Preamble the diversity cultural as a source of a rich and varied world "which increases the range of possibilities", later in Article 2.1 it links diversity to human rights and fundamental freedoms and, in particular, to freedom of expression, information and communication, " as well as the possibility for people to choose their expressions cultural ".

And it is here that intangible heritage is revealed as an especially ideal field, due to its intrinsic participatory, recreational and communicative nature and its ability to interact among individuals, groups and individuals. communities.

D. The defence of intangible assets against the export and export.

According to article 149.1.28. of the Spanish Constitution, it is up to the State to "defend the cultural, artistic and monumental Spanish heritage against export and the expoliation". It is obvious that the express mention of the adjective "cultural" encompasses here, as has been explained before, also the chapter of immaterial goods. And it is also clear that, in this case, the defense action, in relation to the cultural heritage "Spanish", covers the fullness of intangible cultural manifestations that occur in the territory of the State which, as stated above, According to their own competences, they will mean, respectively, the different public administrations representative of the respective intangible cultural manifestations that occur in the social life. That is, the Spanish adjective in this case works as a conceptual aggregator that does not only film the concrete group of cultural goods representative of the general community of the State-the specifically representative of the culture It is, of course, covered by these, but also those other representative of the territorial communities, and even those of other communities, as expressly stated in the repeated judgment of the Constitutional Court 17/1991, in connection with the with the judgment of the Constitutional Court 49/1984.

However, this protective action of "defense" requires, by the very nature of the object of the expolation and the export, to separate what is the scope in each of them.

As far as the issue is concerned, in order not to convert this state competence into a secant of the competences of the other public administrations, the defense in relation to this must be conceived as a set of specific actions-including those that fit both the regulations and the executive regulations-guarantee the preservation of the cultural good or the loss of its social function. It is thus understood once again by the judgment of the Constitutional Court 17/1991, when it states that " the use of the concept of defence against the issue of the concept of defence must be understood as defining a plus of protection in respect of goods which are special features. For this reason it encompasses a set of defense measures that more than referring to its deterioration or destruction try to extend to the arbitrary or irrational deprivation of the normal fulfillment of that which constitutes the own end of the good according to its nature, as a bearer of values of general interest in need, these values also, of being preserved. " And a new question is that the singular idiosyncrasies of the intangible assets make their defense to require the modulation of the techniques regarding the own of the material patrimony, already provided for in the Law of the Spanish Historical Heritage. In accordance with this law, this law articulates a new specific protection technique in favor of the State which, following the guideline of the UNESCO Convention of 2003, is specific to the inclusion of the intangible good, not protected or insufficiently protected, on a list of non-material goods in danger as long as the appropriate ordinary protective action is not taken.

Finally, as far as export is concerned, intangible assets pose a remarkable peculiarity. Being the function of the intangible heritage to be a heritage destined to the communication between the communities, even beyond the national borders, a conception of the export similar to that of the goods of the material patrimony it would lead to the prevention or distortion of its dynamic and interactive function in space. Therefore, the defence against export must be strictly confined to those cases in which the outward exit of the material support which may frequently accompany the intangible cultural good will deprive, or distort, the normal development of cultural practice or the fulfillment of its social function through the expression of the values of which it is a carrier by its community of origin.

V

Audience and Query

In the process of drafting this law, a wide process of participation and consultation of specialized agencies and entities, and in particular of the audience of the Autonomous Communities, has been followed. derives from the complex competitive competition system.

TITLE I

General provisions

Article 1. Object.

The purpose of this law is to regulate the general safeguard action to be exercised by the public authorities on the goods that make up the intangible cultural heritage, in their respective fields of competence.

Article 2. Concept of intangible cultural heritage.

The use, representations, expressions, knowledge and techniques that communities, groups and in some cases individuals, recognize as an integral part, will have the consideration of intangible cultural assets. of their cultural heritage, and in particular:

(a) Traditions and oral expressions, including the modalities and linguistic particularities as a vehicle of intangible cultural heritage; as well as traditional toponymy as an instrument for the concretion of the denomination geographical location of the territories;

b) arts of the show;

c) social uses, rituals and public events;

d) knowledge and uses related to nature and the universe;

e) traditional craft techniques;

f) gastronomy, food processing and food;

g) specific uses of natural landscapes;

h) forms of collective socialization and organizations;

i) sound manifestations, music and traditional dance.

TITLE II

General regime of intangible cultural heritage

Article 3. General principles of safeguard actions.

The actions of the public authorities on intangible cultural heritage assets that are the subject of a safeguard by the General Administration of the State, by the Autonomous Communities or by the Local Corporations respect, in their preparation and development, the following general principles:

(a) The principles and values contained in the Spanish Constitution and in the law of the European Union, as well as, in general, the fundamental rights and duties that it establishes, in particular freedom of expression.

b) The principle of equality and non-discrimination. The traditional character of the intangible manifestations of culture under no circumstances will protect the development of actions that constitute a violation of the principle of gender equality.

c) The role of communities that carry the intangible cultural heritage, such as holders, maintainers and legitimate users, as well as mutual recognition and respect.

d) The principle of participation, in order to respect, maintain and promote the role of groups, community-bearers, organizations and citizens ' associations in the recreation, transmission and dissemination of heritage intangible cultural.

e) The principle of accessibility, which makes possible the knowledge and enjoyment of intangible cultural manifestations and the cultural enrichment of all citizens without prejudice to customary uses for which access to certain aspects of such demonstrations is governed.

f) The principle of cultural communication as a guarantor of the interaction, recognition, rapprochement and mutual understanding and enrichment between intangible cultural manifestations, through the action of collaboration between Public administrations and communities or groups carrying out intangible cultural goods.

g) The dynamism inherent in intangible cultural heritage, which by nature is a living heritage, recreated and experienced in present time and responds to continuous practices, which are carried out by individuals and groups and communities.

h) The sustainability of intangible cultural manifestations, avoiding the quantitative and qualitative alterations of their cultural elements beyond the carrier and managing communities. Tourism activities should never be in violation of the essential characteristics or the development of the demonstrations, so that their appropriation and public enjoyment can be reconciled with respect for the goods and their protagonists.

i) The consideration of the intangible cultural dimension of movable and immovable property that are protected as cultural goods.

j) The actions taken to safeguard the protected legal assets must in any event respect the principles of guarantee of freedom of establishment and the freedom of movement established in the rules in force on the market unit.

Article 4. Protection of associated material goods.

1. Public administrations shall ensure that the sites, spaces, itineraries and material supports in which the intangible goods are safeguarded are respected and maintained.

For these purposes, measures to safeguard intangible cultural heritage may determine the specific and unique measures of protection in respect of the movable and immovable property intrinsically associated with it, that such protection permits its maintenance, development and normal use, without prejudice to the special measures which, for the protection of such movable and immovable property, may be established in accordance with the provisions of Law 16/1985 of 25 June 1985, Spanish Historical Heritage and the legislation of the Autonomous Communities competent in the field.

2. The movable property and spaces linked to the development of intangible cultural manifestations may be subject to measures of protection under the planning and planning of the territory by the Administrations. competent.

In no case shall such protective measures constitute a restriction on the powers of owners or holders of rights on such property. In order to allow such limitations, the procedures provided for in Law 16/1985 of 25 June, of the Spanish Historical Heritage, and the corresponding regional legislation, should be followed.

Article 5. Export and export.

1. It is for the General Administration of the State, in the field of its powers, to take the measures which are necessary for the defence against the export and the removal of the material goods associated with the cultural heritage. immaterial.

2. In relation to the spoliation of goods declared Representative of the Intangible Cultural Heritage, the provisions of Article 4 of Law 16/1985 of 25 June of the Spanish Historical Heritage and of Article 11 of the Law of 25 June 1985 Royal Decree 111/1986, of 10 January, of partial development of Law 16/1985, of 25 June, of the Spanish Historical Heritage. Given the special nature of these goods, in the event that the possible loss of the good or the impairment of their social function is appreciable, their inclusion in a list of endangered goods will be decided for the opening of a procedure for the preservation and protection of the well-exposed. This procedure shall require the relevant technical reports, which shall include urgent safeguard measures, by the specialised bodies of the Autonomous Community concerned.

3. In the case of the export of associated movable property, the provisions of Article 5 of Law 16/1985 of 25 June of the Spanish Historical Heritage and the regulations of development will also be included. In any case, the defence of these goods in the face of export will be confined to those cases where the external output of the material material supports the intangible cultural good, preventing or distorting the normal development of cultural practice. or of the values for its source community that it is a carrier.

Article 6. Transmission, dissemination and promotion.

1. Competent Public Administrations shall ensure the proper dissemination, transmission and promotion of intangible goods which are the subject of safeguard.

2. Competent Public Administrations shall promote the transmission to new generations of traditional knowledge, trades and techniques in the foreseeable danger of extinction, by supporting and coordinating public and private initiatives, and by means of implementation of the activities of incentive measures and tax incentives which may be applicable to them, in terms of the legislation in force.

3. The competent public authorities shall permit and, in the event that the sectoral rules make them subject to this requirement, authorise the actions of dissemination, transmission and promotion of the intangible manifestations of culture.

Measures which, where appropriate, are taken to safeguard other protected legal goods, must be proportionate and duly justified.

Article 7. Measures of an educational nature.

1. Educational administrations and universities will seek to include knowledge and respect for the intangible cultural heritage between the content of their respective teaching and in the programmes of permanent teacher training. basic education.

2. The Government, based on respect for university autonomy and in collaboration with the Autonomous Communities and the Council of Universities, will promote in the field of its competences:

(a) The design and implementation of formal undergraduate degrees whose curricula provide for training specifically aimed at the acquisition of skills and skills related to protection, management, transmission, dissemination and promotion of intangible cultural heritage.

b) The design and implementation of master's programs in areas related to intangible cultural heritage.

Article 8. Information and awareness-raising measures.

The General Administration of the State, the Administrations of the Autonomous Communities and the Local Corporations, in the exercise of their respective competences, and in the framework of the National Plan for the Safeguarding of Heritage Cultural Intangible, they will be able to promote measures aimed at informing and sensitizing the population on the characteristics and values of the intangible cultural heritage and the threats that weigh on it.

Article 9. Guarantee of public enjoyment.

The Public Administrations, within the Plan referred to in Article 13, will establish the measures that guarantee the access of the citizenry to the various intangible manifestations of the culture, in the terms foreseen in the Article 3, provided that such actions do not infringe on the substance and characteristics of the goods or the rights of third parties on the goods and without prejudice to the customary use of the goods.

Article 10. Cultural communication between Public Administrations.

Public Administrations will encourage, by common agreement, cultural communication among them, knowledge of the plurality of the cultural heritage of the Spanish, the peoples of Spain and other communities, as well as the exchange of information on their cultural activities, considering the diversity of cultural expressions as a wealth to be maintained and preserved in the future.

The National Plan for the Safeguarding of the Intangible Cultural Heritage referred to in Article 13 will include bases and lines of collaboration for the promotion of cultural communication.

TITLE III

Competencies of the General Administration of the State

Article 11. Competencies.

1. It is for the General Administration of the State, in accordance with the provisions of Articles 44, 46, 149.1, Rules 1 and 28. and 149.2 of the Spanish Constitution, to guarantee the preservation of Spanish intangible heritage, as well as to promote the enrichment of the same and to promote and protect the access of all citizens to their different manifestations. To this end, the necessary measures shall be taken to facilitate their collaboration with the other public authorities and the other public authorities, as well as to collect and provide as much information as necessary for the purposes of this law.

2. They correspond to the General Administration of the State, through the Ministry of Education, Culture and Sport, in collaboration with the Autonomous Communities, the following functions:

a) The proposal, elaboration, follow-up and review of the National Plan for the Safeguarding of the Intangible Cultural Heritage.

b) The management of the General Inventory of Intangible Cultural Heritage.

c) The safeguarding of intangible cultural heritage by means of the Declaration of Representative Manifestation of the Intangible Cultural Heritage, as provided for in this law.

3. The General Administration of the State, without prejudice to the powers of the Autonomous Communities, shall cooperate with the cultural action of the various public administrations within the framework of Article 9. To this end, the State will put the museum institutions, archives, libraries and other cultural centers of their ownership at the service of cultural communication.

4. It is up to the General Administration of the State and the Autonomous Communities, in the field of their powers, to disseminate international knowledge of the assets of the Spanish intangible cultural heritage, as well as the exchange of cultural, technical and scientific information with other States and with international bodies.

In particular, and in accordance with the provisions of Rule 3 (3) of the Spanish Constitution, it is up to the General Administration of the State to raise to UNESCO proposals for the inclusion of Intangible cultural heritage in the List of Intangible Cultural Heritage of Humanity, in the List of goods that require Urgent Measures of Safeguarding, as well as the programs, projects and activities of safeguarding the patrimony Intangible cultural activities that better reflect the principles and objectives of the Convention.

Similarly, it is up to the General Administration of the State to formulate, before the Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage of UNESCO, requests for international assistance to the safeguarding of that heritage in the national territory, as well as the referral of regular reports to the said Committee on the legislative, regulatory or other provisions adopted pursuant to the Convention for The Safeguarding of the Intangible Cultural Heritage.

The General Administration of the State will be able to promote jointly with other States, the putting in value of the shared intangible cultural heritage, stimulating the promotion of candidacies to the international institutions competent.

Article 12. Declaration of Representative Manifestation of the Intangible Cultural Heritage.

1. The General Administration of the State, in accordance with the principles laid down in Article 3, shall have the power to declare protection and to take safeguard measures in respect of intangible cultural heritage property in which the are in any of the following circumstances:

(a) When they exceed the territorial scope of an Autonomous Community and there is no legal instrument of cooperation between Autonomous Communities for the integral protection of this good.

b) When requested by the Autonomous Community where the event takes place, upon request to the community of the community of the good.

(c) Where consideration as a whole of the safeguard object requires for its specific understanding a unitary consideration of that shared tradition, beyond the one which it may receive in one or more Communities Stand-alone.

(d) When the object is the intangible cultural manifestations which, if any, may be associated with or linked to the State-owned public services or to the property assigned to the National Heritage.

e) When good has a special relevance and international importance for cultural communication, being an expression of shared history with other countries.

2. By Royal Decree, a singular protection may be granted to the intangible cultural goods mentioned above, by means of their declaration as a Representative Manifestation of the Intangible Cultural Heritage.

3. The Declaration of the Representative of the Intangible Cultural Heritage by the State shall not prevent the actions of declaration or significance that, in order to highlight the specificities or modulations that they present in their respective territorial areas, can be carried out by the Autonomous Communities. In such a case, cooperation agreements between the State and the Autonomous Communities should be provided for.

4. The procedure shall be initiated on its own initiative by the Ministry of Education, Culture and Sport, either on its own initiative, on a reasoned request from one or more Autonomous Communities or on a reasoned request from a natural or legal person.

The procedure will be developed with respect to the following essential elements:

a) A phase of public information will be established in the preparation of the Royal Decree.

(b) The hearing shall also be provided to the communities carrying the good, to the holders of the real rights to the movable and immovable property associated with the Representative's Representative of the Cultural Heritage Immaterial, and to the regional and local authorities of the territory in which the event takes place.

(c) The preparation shall seek the report of the Historical Heritage Council and the specialized advisory institutions related to the matter and which are considered appropriate, as well as the competent bodies of the Autonomous Communities.

(d) The documentation shall contain a clear description of the good at which its uses, representations, expressions, knowledge and techniques are listed, as well as the material goods, both movable and immovable, in the such activities are supported, the communities, groups and geographical areas in which it is developed or has traditionally developed, as well as, where appropriate, the threats that may arise on it. The above description shall be accompanied by the relevant photographic, audiovisual or other documentation where possible.

e) The maximum time limit for resolving and reporting the resolution will be twelve months and the silence will have a disestimatory effect.

5. The declaration of the Representative Manifestations of the Intangible Cultural Heritage will generate the obligation of registration of these in the General Inventory of Intangible Cultural Heritage.

TITLE IV

Cooperation instruments

Article 13. National Plan to Safeguard the Intangible Cultural Heritage.

1. The Government, on a proposal from the Ministry of Education, Culture and Sport, and with the agreement of the Council of Historic Heritage, will approve the National Plan of Safeguarding the Intangible Cultural Heritage, destined to develop with the different General government a coordinated programming of activities according to the needs of the intangible cultural heritage through its Monitoring Committee, without prejudice to the provisions of Article 35 of Law 16/1985, 25 of June, of the Spanish Historical Heritage.

2. The National Plan for the Safeguarding of the Intangible Cultural Heritage, as an instrument of management and cooperation between the General Administration of the State, the Autonomous Communities, the Local Authorities, and other public or private entities, must, in first, to provide information and to enable the state level of actions to enable the interrelationship between the various actors to be provided, including the most appropriate criteria and methodologies for action for intangible cultural heritage; as well as alerting you to the risks and threats to which you may be exposed. In addition, it should contain a list of programmes and work lines which are essential for the safeguarding of intangible cultural heritage such as:

a) Raising awareness of society and achieving recognition in the context of cultural policies.

b) Research and documentation, with lists, censuses, records, inventories, catalogues, specific studies and special programs.

c) Conservation of material supports of intangible cultural heritage, both movable and immovable, and of the spaces that are inherent to them.

d) Training, transmission, promotion and dissemination.

e) General measures for the protection of goods declared Representative of the Intangible Cultural Heritage by the General Administration of the State and those enjoying the highest category of protection granted by the Autonomous Communities, as well as inter-territorial cooperation arrangements for their protection.

3. Within the Plan, special measures of encouragement shall be provided for in the provisions of Law 47/2003 of November 26, General Budget, or Law 38/2003 of November 17, General of Grants.

4. The Plan will be in effect for ten years and the first five will be reviewed.

Article 14. General Inventory of Intangible Cultural Heritage.

1. The General Inventory of Intangible Cultural Heritage must provide up-to-date information on the manifestations of the Intangible Cultural Heritage, based on the state information and the information provided by the Autonomous Communities.

2. The General Inventory of Intangible Cultural Heritage must contain the identification of the goods and the most complete information possible on them, in the most appropriate documentary media. The Ministry of Education, Culture and Sport will manage the Inventory and ensure the updating, conservation, custody and public access to this information.

3. The General Inventory shall include those intangible cultural goods declared by the Autonomous Communities with the highest degree of protection, as well as those protected by the General Administration of the State under the category of Manifestation Representative of the Intangible Cultural Heritage.

4. The Government shall determine the structure and operating arrangements of the General Inventory of Intangible Cultural Heritage.

5. It is for the General Administration of the State to supply to international bodies the information contained in the General Inventory of Intangible Cultural Heritage.

6. The statements, lists, inventories and atlas of the Autonomous Communities to be included in the Inventory shall observe common methodologies of registration, and must be related to the General Inventory through digital means. interoperative.

Single transient arrangement. Validity of the National Plan for the Safeguarding of the Intangible Cultural Heritage.

The application of the provisions of Article 13 is deferred until the approval of a new National Plan for the Safeguarding of the Intangible Cultural Heritage, to be carried out within the maximum period of three years from the entry into force of this law.

Final disposition first. Amendment of Law 16/1985 of 25 June of the Spanish Historical Heritage.

The following final point is added to Article 1 (2) of Law 16/1985 of 25 June of the Spanish Historical Heritage:

"Also, the goods that integrate the Intangible Cultural Heritage are part of the Spanish Historical Heritage, in accordance with what is established by their special legislation."

Final disposition second. Amendment of the title of the additional provision, ninth, of Law 18/2014 of 15 October, of approval of urgent measures for growth, competitiveness and efficiency.

The title of the ninth additional provision of Law 18/2014 of 15 October, of approval of urgent measures for growth, competitiveness and efficiency, is hereby amended, remaining as follows:

" Additional provision ninth. "A Coruña 2015-120 years later." "

Final disposition third. Competence title.

This law is dictated by the provisions of Article 149.1.1. and 28. and 149.2 of the Spanish Constitution, with the exception of:

(a) The provisions of Article 11 (4), which are issued pursuant to the provisions of Article 149.1.3. of the Spanish Constitution.

(b) Article 7, which is issued in accordance with the provisions of Article 149.1.30. of the Spanish Constitution.

Final disposition fourth. Regulatory development.

The Government, on a proposal from the Ministry of Education, Culture and Sport, will approve the regulatory provisions necessary for the development and implementation of this law.

Final disposition fifth. Authorization to produce a recast text in the field of Spanish Historical Heritage.

The Government is authorized to draw up, within one year of the entry into force of this law, a recast text in which it is integrated, duly regularised, clarified and harmonised, Law 16/1985 of 25 June of the Spanish Historical Heritage and the present Law for the Safeguarding of Intangible Cultural Heritage, as well as the provisions on the protection of the historical patrimony contained in norms with the rank of law.

Final disposition sixth. Regulation of bullfighting as a cultural heritage.

The provisions of this law are, in any case, without prejudice to the provisions of Law 18/2013 of 12 November for the regulation of Tauromaquia as a cultural heritage.

Final disposition seventh. Transfer of data to the General Inventory of Intangible Cultural Heritage.

Within six months of the entry into force of this law, the General Administration of the State will initiate the necessary formalities to obtain the full transfer to the General Inventory of Intangible Cultural Heritage of the data that, in relation to the intangible cultural heritage of the various Public Administrations, currently works in the General Register of Goods of Cultural Interest.

Final disposition octave. Entry into force.

This law will enter into force on the day following its publication in the "Official State Gazette".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 26 May 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY