Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5794
FELIPE VI KING OF SPAIN to all that the present join together and act.
Know: That the Cortes Generales have approved and I come in to sanction the following law: PREAMBLE I intangible cultural heritage concept has followed an uninterrupted process of enlargement over the last century. History and art and the monumental core types and values, happened to also incorporate other elements comprising a new expanded notion of culture. Responds this to a new conception derived of the theorizing scientific of the Ethnology and the anthropology, to which is associated an increase of the awareness social about these others expressions and manifestations of the culture. This process could now be synthesized in the doctrinal proposal for the 'real thing' transit to «goods activity» or, put in more modern terms, of material goods to intangible.
Without prejudice of that, in essence, in all them goods cultural there is a component symbolic not tangible and that the imbrication between it material e intangible is deep and, in many cases, daftness, the conformation external of them stands through which is manifest the heritage cultural is what allows that distinction between it material and intangible as Affairs unique and different. And entails formulas and legal techniques clearly divided when it comes to your protection. Whereas in the protection of the first premium «conservation» of good in his pristine settings and its territorial location (mostly the immovable character), in the second emphasizes practices and carrier communities «safeguard» action in order to preserve the conditions of its intrinsic process evolutionary, is done through the transmission of intra and intergenerational. Them goods intangible also possess a «locus» space, but this can present areas and reaches more diffuse as in them prima it Community carrier of them forms cultural that them integrated, as well as his character dynamic and its capacity of be shared.
The process of emergence of the intangible heritage is long in time. Them studies ethnographic and anthropological, since managed status scientific in the last years of the century 19TH, had gone driving the flowering of the interest towards them forms of expression of the culture traditional. It is worth recalling, among scholars of folklore in Spain, the work of Antonio Machado Alvarez, father of the Machado brothers, and then advanced and modern conception of folklore, creator, in 1881, of the 'society for the collection and study of the knowledge and traditions', following in the footsteps of other initiatives taken in those years outside Spain, mainly in England. And these reflections will be consolidated with the broad scientific development of anthropology and Ethnology throughout the 20TH century.
However, unlike the material heritage, now called intangible heritage did not have, during the greater part of this century, a place in the system of legal protection of the heritage.
Indeed, the inclusion of them manifestations cultural intangible in the ordering legal is a made new, that only has started to take body in the last decades, to the compass of your growing appreciate social. This insertion has been accompanied by a process of renewal legal doctrinal on cultural heritage, which is forced to remember the contribution in Italy, in the Decade of the seventies of the preceding century, the so-called Commission Franceschini and doctrinal Giannini covering construction, proposed a new broad and open concept of cultural property as «everything that incorporates a reference to the history of civilization is part of the historical heritage».
This process of valuing legal presents two fields differentiated of concretion, the of those instruments international and the of the right internal.
II the law Spanish intangible cultural property just they were referred to in the first general rules of cultural heritage. Thus, Royal Decree-Law of 9 August 1926 on protection, conservation and enhancement of the artistic wealth, only makes a reference to the «typical» and «scenic», but close-fitting to the architectural ensembles. The law on defence, preservation and enhancement of the national historical and artistic heritage, on May 13, 1933, carried out, in its article 3, a brief reference to the picturesque landscapes that must be preserved from destruction or damaging reforms. These goods will appear of form more crisp in them decrees of 1953 and of 1961, that is refer to the inventories, catalogues and services own of the heritage ethnological or folk, but also of character material.
The Constitution Spanish of 1978 will offer a framework concept already clearly receptive to the heritage intangible, pioneer in the context constitutional European. This is clearly perceptible throughout his writing. Already the preamble, quintessence of the content of the text, is spectacularly expressive when encomienda the nation Spanish «protect all Spaniards and peoples of Spain in the exercise of human rights, their cultures and traditions, languages and institutions». Article 3.3, is equally expressive when, from a broader perspective not only linguistic but cultural, declares the Spanish linguistic plurality as a wealth that must be protected as a cultural heritage: "the richness of the various linguistic forms of Spain is a cultural heritage which shall be the object of special respect and protection". Takes another step article 46, first of all, overflowing the traditional designations of heritage 'historical and artistic' adds now a third value, the 'cultural', which widens the concept of protected undoubtedly to accommodate what is now referred to as intangible culture. Finally, article 149.1.28. th is in reference to the cultural heritage, next to the artistic and monumental Spanish.
It will be in the field of State legislation, the law 16/1985, of 25 June, on Spanish historical heritage, the text that begin to consider explicitly the intangible values announced in the Constitution, in the invocation of 'knowledge and activities', in the bosom of the ethnographic heritage, as new object of protection. He title VI, that responds to the label of heritage ethnographic, establishes in the article 46 that form part of the heritage historical Spanish «them goods furniture e estate and them knowledge and activities that are or have been expression relevant of the culture traditional of the people Spanish in their aspects materials, social or spiritual». At the same time, article 47 specifies that ' is considered to they have ethnographic value and shall enjoy administrative protection those knowledge or activities that come from traditional techniques or models used by a particular community».
Similarly, it should be noted that all the autonomous communities, in application of its exclusive competence in matters of cultural heritage, have proceeded to the normative regulation of this matter. As well, regional historical or cultural heritage legislation adopted between the years 1990 and 2013 has been incorporating, with different formulas and names, the intangible cultural properties.
It is important to note that the first final provision of the law 18/2013, 12 November, for the regulation of bullfighting as cultural heritage, expressly mandates the Government the promotion of 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 property have been made visible in national legal systems, especially in the Latin American. This visibility, which translates a new social consciousness, manifests itself in a privileged way, while rules supreme, in the constitutions. New or renovated constitutional texts of the last decades show a marked tendency to incorporate these ideas, in some cases directly and in others by a new conceptual context that promotes their understanding as part of the cultural heritage. This is the case, apart from the Spanish Constitution of 1978, of the constitutions of Brazil (1988), Colombia (1991), Mexico (1917), Ecuador (2008), Bolivia (2009), Poland (1997) or Portugal (1976). Between all these texts, is point out article 216 of the Brazilian Constitution of 1988, precept which, in addition to incorporating, in novel way in the constitutional language, a reference to the property of immaterial nature, includes among these «forms of expression» and «modes create, make and live». And, at the same time, ordinary legislation in a growing number of countries has incorporated special laws of the intangible heritage, which include those of Brazil (2000) and Portugal (Decree-Law No. 138/2009 of 15 June).
III international commitments but the most decisive impulse of the intangible heritage is situated in international law, mainly in the action of UNESCO, which crowns in the Convention for the safeguarding of the Intangible Cultural's heritage, in 2003.
Before this Convention, had been paving the way in a short time, but marked by numerous initiatives process. The darkness in which had been the heritage intangible in the Convention of 1972 will be the detonating that excite in them following years a Rosary of meetings and statements. As noted repeatedly, the Convention of UNESCO's world, Cultural and Natural Heritage of 1972, born as an instrument focused mainly towards the so-called material culture objects. Was pending, by this, in the law international, an instrument of valorization legal of them creations cultural social and community intangible.
Among the performances followed in the international order, in particular with UNESCO, remember the Conference in Accra, in 1975, referred to the African environment, which highlights the value of cultural diversity and the need to safeguard of languages, oral traditions and the promotion of traditional and popular arts.
Shortly afterwards, Conference in Bogotá, in 1978, approved a declaration that puts the spotlight on the rescue and safeguarding of the heritage linked to the identity of the peoples and their authenticity, pointing out, in its recommendation 31, the music and the dance as an essential element.
Another milestone is located in the relevant conference intergovernmental on political cultural, organized by the UNESCO in Mexico, in 1982. The contribution of this meeting lies in coming to do work of systematization of the preceding recommendations. In the statement approved by the Conference, referred to all them areas of it culture, highlights that the heritage cultural it integrate «them works materials e intangible that express the creativity of a village», naming expressly, between others goods own of the heritage intangible, it language, them rites, them beliefs, it literature and them works of art.
A new Conference of the UNESCO in 1988 includes a recommendation to Member States on the «safeguarding of folklore». This will be taken into account by the Conference held in Paris in 1989, which marked a watershed in the specification of this heritage, as the approved declaration shall designate it as "Traditional Culture and Folklore', name translated into Spanish as"Traditional and popular culture". There is already a definition of 'folklore' and includes the language, literature, music, dance, games, mythology, rituals, customs, handicrafts, architecture and other arts.
After it decisive conference previous, in the following decade will have place different seminars intended to evaluate it application of the recommendation, that will leave see a spin terminological applicants in it appearance of them concepts «oral» e «intangible», what will be object of particular reflection in it Conference of Washington, in 1999. There is debate about the problematic nature of the term 'folklore', because of its pejorative character, and the need to consider other alternatives, «oral heritage», «knowledge and traditional skills», «intangible heritage», «ways of knowing, being and doing». In a new seminar, held in New Caledonia in that same year, it will produce a reject express to the term «folklore». It will be in a report by the Director-General of UNESCO, in the year 2001, and the statement adopted in Istanbul, the year 2002, when consolidating the expression «intangible cultural heritage».
The process will culminate with approval, at the 32nd session of the UNESCO, on 17 October 2003, the Convention for the safeguarding of the Cultural Heritage intangible, ratified by Spain in 2006.
Also in international instruments of a regional nature may perceive a similar process, being highlighted, in the Ibero-American space, the Ibero-American Cultural Charter. This Declaration, approved at the 16TH Summit Ibero-American held in Montevideo in 2006, includes numerous references to this heritage. Between them stands out, in the title I of «late», the commitment of them countries Ibero-American of foster the protection and broadcasting of the «heritage cultural and natural, material and intangible Ibero-American». Commitment which later develops with the addition, in title III of «Application fields», in a field relating to the cultural heritage, that integrate it «both the material heritage and the intangible, which must be essential object of special respect and protection».
In addition, the resolution IX/4 of the ninth Conference of the United Nations on the standardization of geographical names, held in New York, in August 2007, taking into account the Convention, believing that the place names are part of the intangible cultural heritage, encouraged the official agencies responsible for toponymy, among other things, to develop a programme of safeguarding and promotion of this heritage , in accordance with paragraph 3 of article 2 and article 18 of the Convention.
(IV) the competence of the State it is known that the Spanish Constitution incorporates, in the field of culture, a competence system complex and rules of a dense specificity unparalleled in other matters. Affect sensitive values - which are engaged with numerous fundamental rights-, imprecision and horizontality of the concept - which originates more than normal collisions of competence titles-, the concurrence or jurisdictional duality - making that in certain functions may act different administrations at the same time, outside the logic of competence sharing normal inclusius unius, exclusius alterius - and the duty of cultural communication - as a democratic project of coexistence in diversity- they would be their unique brands.
Based on these considerations, proceeds to explain how competences which the State exercises in this Act are inserted: a. Act as 'general treatment' standard of the intangible cultural heritage.
The possibility of the regulation which aims to this standard is primarily covered on the doctrine of the Constitutional Court by all statements 17/1991 of January 31, and 49/1984 of 5 April. According to these statements, and the "integration of the matter relating to the historical and artistic heritage in the wider which refers to the culture allows find basis for the power of the State to legislate on that", given that the competence of the State would be deployed "in the area of preservation of the common cultural heritage, but also in that which require General treatments or make necessary it is public action when cultural purposes could not be achieved from elsewhere" (judgment of the) Constitutional Court 49/1984).
In accordance with the preceding doctrine, this law does nothing but offer a general 'treatment' a matter in need of it, since, as he has been explained, the intangible cultural heritage has known in recent decades a remarkable flowering conceptual as well as the social conscience and, above all, in the international legal system, whose greatest landmark is as has been exposed, the adoption of the Convention of UNESCO in 2003. The context of the year 1985, which approves the law of the world heritage historic Spanish, explains concisely and limited treatment making the law «ethnographic heritage» as a special fund in articles 46 and 47 of the Act, today, for the reasons stated, clearly insufficient. It is the object of the law at this point, bringing the words of the judgment of the Constitutional Court 17/1991, fix the peculiar status of cultural assets, «including, firstly, «treatments General» which refers specifically the aforementioned judgment of the Court constitutional 49/1984 and, among them, specifically, institutional principles calling for a unitary definition» (F.J. 3rd).
That it is against a general treatment is clear as long as the law is limited to outline a set of guidelines which do not prevent that in turn autonomous regions, under the rule of concurrency policy that protects them, can also dictate their specific regulations on the same subject. General lines are, in effect, set a concept basic and general of intangible heritage, to determine the principles and fundamental rights involved in this heritage, to establish administrative mechanisms and organic General's inclusion of the set of Spanish cultural heritage (General inventory of Intangible Cultural Heritage), regulate the operational instruments of action (National Plan for the safeguarding of the Intangible Cultural Heritage) as well as lay the general purposes of the different fields and sectors (centers of cultural, 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 to the State of values and common goods of the intangible heritage.
The law assumes also a task specific forced constitutionally, develop the mandate of promote it put in value of it culture common, insofar as the article 149.2 of the Constitution Spanish entrusted to the State, without prejudice of them skills that can correspond to them communities autonomous, with great emphasis and words sharply imperative without Paragon in the joint of it Constitution Spanish provide the service of culture as a fundamental task: «without prejudice to the powers which the autonomous communities may assume, the State considered the service of culture as a duty and essential attribution...». It puts the emphasis on action on culture (be considered) and in the qualification of this (duty and essential attribution) referred to, in this case, directly and immediately to the General Administration of the State institutions, in both the precept delimits the scope of the Mission of this after saving the powers of the autonomous communities in the field of culture («without prejudice to the powers which the autonomous communities may assume»...).
This precept is precisely the basis of the skills competition, formula directly derived from the full assumption by the constituent Assembly of the multifaceted and complex nature of the concept of culture and unique in the field of culture. What, in short, translates the precept at the time of organize the cast of tasks between them different powers public territorial is that them values simbolico-expresivos of them individuals and of the groups are susceptible of reflect is simultaneous, but differentially, in different flat. Therefore the momentum of these cultural values, territorial communities and the Community general del Estado, articulate in organized, democratic society is reflected constitutionally on a set of principles and rules to order that cultural diversity as a full and integrated system.
To these bases deeply democratic is to what responds, in technical of cast of competences, the concurrence or duality competence cultural, specifically referred, as has designated the doctrine, to the action of promotion and preservation of all that cluster of values cultural. Concurrence that the Constitutional Court took, because very early and so glaring, in decision 49/1984. The appointment is extensive, but necessary: "... a reflection on cultural life leads to the conclusion that culture is something the competition itself and institutional both the State and the autonomous communities, and we might even add other communities, where a community lives there is a cultural manifestation connection from which the representative public bodies may hold competitions , in which in a not necessarily technical and administrative sense can be understood within the "promotion of culture». This is the reason that obeys the article 149.2 of the Constitution Spanish, in which after recognize the competition autonomic says a competition State, putting the accent in the service of the culture as duty and attribution essential. «There are, in end, a competition State and a competition autonomic in the sense of that rather than a cast competence vertical, what is produces is a concurrency of powers ranked to the preservation and stimulus of them values cultural own of the body social from the instance public corresponding».
What is at stake in this law is, therefore, that State to comply with its specific mandate in relation to the common values which you primarily represent, in relation to the intangible heritage. I.e., that the State put in value, following the words of the sentence 49/1984, those «cultural» of that heritage which may be representative of the State community, through its Declaration as «Representative of the Heritage Cultural manifestation intangible». This is clearly possible and required in the case of intangible heritage. While interpreting the law of the Spanish historical heritage, the judgment of the Constitutional Court 17/1991 opted to consider the jurisdiction of execution for the statement of tangible cultural property, with some exceptions, mainly regional, this consideration rests, as expressly admits the sentence, the fact that these assets are registered in a 'locus' territorial: «the legal category of assets of cultural interest within the Spanish historical heritage is composed of the most relevant of the» «itself, 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 rooting and territorial or local origin does not preclude that some of them presented simultaneously supraautonomicas territorial manifestations, well because carrying communities extends the length and width of various autonomous territories, well because it's manifestations deeply interwoven in the general collective imagination of the Spanish. These latest manifestations have that see, of form special, with those goods intangible that have a recognition or are shared even more beyond of the territory State, as occurs, in the case more clear, with values cultural expended in the experience historical of our country and, especially, the members of it called culture Ibero-American.
This is, in consequence, the meaning for the State, in what refers to the common culture, understand that the fulfillment of the mandate of article 149.2 of the Spanish Constitution to consider the service of culture "duty and essential attribution» ago forced that one can mean those events that meet these conditions. In fact, even accepting that the Spanish Constitution preamble is not a part of this text with the virtuality of attributed competences, yes it has value to help interpret the meaning of those rules that have that nature, as it is designated paragraph 2 of article 149. Indeed, the preamble, in its paragraph fourth leaves clear that «all them Spanish», as well as them «peoples of Spain» are carriers of manifestations cultural intangible: «the nation Spanish proclaims his will of: (...)» protect all Spaniards and peoples of Spain in the exercise of human rights, their cultures and traditions, languages and institutions". Have here, because, the all social-the set of them Spanish- and the parts-them peoples of Spain-designed as subject carriers simultaneously of cultures and traditions, languages and institutions.
Finally, Furthermore, 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 regional competition "when, in addition to the territorial range greater than the of an autonomous region of the object of the competition, the public activity that is exercised over it is not susceptible to fractionation and» even in this case, such action may not be conducted through cooperation and coordination mechanisms, but that requires a degree of homogeneity that can only guarantee their attribution to a single holder, which must necessarily be the State, or when it is necessary to resort to an entity with the ability to integrate interests competing in several autonomous communities"(judgment of the Court constitutional 223/2000 (, of 21 of September, F.J. 11. º).
It is obvious that this possibility of significance of cultural property is not unlimited for the State, because, otherwise, it could generate the emptying or disfigurement of the corresponding regional competition. On the one hand, it will have to be justified and beat only to those cases where appropriate, through the usual auctoritas scientific and technical procedures inherent to the determination and administrative significance of cultural goods (through the mandatory advisory reports). And, going further, as the singular nature of intangible heritage makes it possible, on the other hand, that there are cultural property that may be considered for that State significance does not, what may have also specific regional cultural manifestation or infraautonomica, than the corresponding autonomous community can declare, by means of its own procedures and categories of significance, those same goods in order to preserve and give value to expressions or particular modulations that appear within its territorial scope.
It is undeniable that the concurrency, thus understood, is the form that has chosen the Spanish Constitution to articulate the cultural diversity as a system of cultural pluralism that takes this as a wealth of complex and overlapping. Although not is hidden that this formula, so does not derive in disorder or dispersion, need of rules particular of Assembly and collaboration. Here is where comes into play, as one of the techniques not only one but very important, a new mandate of article 149.2 of the Spanish Constitution, when charge the State of "facilitating the cultural communication between the autonomous communities, in accordance with them".
C. facilitation of cultural communication.
This is precisely the third objective that tries to deal with the law. One of the axes of this law is the 'cultural communication' article 149.2 of the Spanish Constitution formula, again, in terms sharply imperatives, as another parcel to the State: "... and facilitate cultural communication between the autonomous communities, in accordance with them".
This proposal for cultural communication involves two planes of concretion, administrative one and another noun. The first, already identified and validated by the judgment of the Court constitutional 17/1991, has to do with the inter-administrative collaboration between the State and the autonomous communities and these together in the field of heritage, because it is a duty of general of essence on the model of territorial organisation of the State implanted by the Spanish Constitution. and because, in particular, in the case of culture, literally says the Constitutional Court, "is reinforced by the mandate of article 149.2 of the Spanish Constitution». But it is a mandate that also involves a plane substantive, unwavering and absolutely essential to the building of cultural pluralism of the Spanish Constitution, the whole of the public authorities to promote, since the agreement and consensus, communication, appreciation and mutual recognition of the multiplicity of values and cultural expressions that occur in the State.
Concerned paragraph 2 of article 149, the State is called as guarantor of this task, but together with the autonomous communities. I.e., not leaves to these in the position of recipient passive of that entrusted to the State but them erected in counterpart required, to the demand that is develop ' in accordance with them». It is known that the Spanish Constitution adopted as prius diversity of Spain (as long as it recognizes the existence of an aggregate complex and interwoven cultural expressions which also has a site a common culture), however does not propose exclusively unilateral State action to preserve this aggregate. Opts, rather, by the «communication cultural», i.e. the interaction-the communication, to difference of the broadcast, is an action bilateral-between them subject of that plurality of cultures. And, in addition, makes in democratic terms of consensus, «according to them». In short, the substance of this proposal in that flat noun is none other than the laying the groundwork for a cultural project of great depth to the cultural pluralism of our State's celebration of diversity as a richness that must be maintained and preserved for the future. The diversity has multiple flat and the role civilizing and democratic of them powers public is, from their missions specific in relation to their areas respective of service to the interest general, put them in value toward of a diversity not mutilated but full, what has the fundamental value added of enrich and widen the freedom cultural of them citizens from the freedom classic and the autonomy to a new possibility , freedom of choice in the diverse. This is, precisely, it proposed of the Convention for the protection and promotion of the diversity of them expressions cultural of it UNESCO of 2005, also ratified by the State Spanish that, after begin by say in the preamble it diversity cultural as source of a world rich and varied «that increases the range of possibilities», more forward, in the article 2.1 links it diversity to them rights human and them freedoms fundamental and in particular, freedom of expression, information and communication, "as well as the ability of individuals to choose cultural expressions".
And it is here where the intangible heritage is revealed to be a particularly suitable field, by its intrinsic nature recreational, participatory and communicative and their ability to interact among individuals, groups and communities.
D. Defense of the intangible heritage against the looting and export.
Of compliance with the article 149.1.28. ª of the Constitution Spanish, corresponds to the State it «defense of the heritage cultural, artistic and monumental Spanish against the export and the spoliation». It is obvious that the express mention of the adjective 'cultural' cover here, as explained before, also the chapter of the intangible. And is also clear that, in this case, the action of Defense, to the be referred to the heritage cultural «Spanish» covers the fullness of manifestations cultural intangible that is dan in the territory of the State that, as is exposes more above, corresponds mean respectively, according to their own areas competence, to them different administrations public representative of them respective manifestations cultural intangible that is dan in the life social. I.e., the Spanish adjective in this case serves as a conceptual aggregator that not only adheres to the specific group of cultural goods that are representative of the Community general of the State - the specifically representative of common culture-, but that encompasses, of course, but also those of others are representative of the territorial communities, and even those of other communities, expressly says the repeated ruling of the Tribunal constitutional 17/1991 , in connection with the judgment of the Court constitutional 49/1984.
Yet this protective action of «Defense» demands, by the very nature of the object of the looting and export, separating what is the scope in each of them.
In what is refers to the spoliation, for not convert this title competence State in a secant of them skills of them others administrations public, it defense in relation to this has of be conceived as a set of performances concrete-between which fit both them policy as them Executive-of warranty end of preservation of the well cultural or of loss of its function social. So it understands, a time more, the sentence of the Court constitutional 17 / 1991, when says that «the use of the concept of defense against the spoliation has of understand is as defining of a plus of protection with regard to ones goods gifted of features special.» Yet it covers a set of defensive measures to more than refer to deterioration or destruction trying to extend to arbitrary or irrational deprivation of normal enforcement of the of that which constitutes the own end of the good according to their nature, the carrier of values of general interest need, these values also, be preserved". And a new issue is that the singular idiosyncrasy of the intangible defence precise modulation techniques with respect to those of the material heritage, already provided for in the law of the Spanish historical heritage. In accordance with this, the present law articulates a new specific technique of protection on behalf of the State which, following the pattern of the 2003 UNESCO Convention focuses on the inclusion of the intangible asset affected, not protected or insufficiently protected, in a list of intangible property in danger as long as there is proper ordinary protective action that corresponds.
Finally, also in regards to export, the intangible heritage assets pose a remarkable peculiarity. The function of the intangible heritage the be a heritage doomed to communication between communities, even more beyond national borders, a conception of exports similar to the of the material heritage assets would impede or pervert its dynamic and interactive role in space. By this, it defense facing it export has of belting is strictly to those alleged in which the output towards the outside of the support material that can accompany frequently the well cultural intangible deprived, or desnaturalizara, the development normal of it practice cultural or the compliance of its function social through the expression of them values of which is carrier by its community of origin.
V audience and consultation in the process of elaboration of the present law is has followed a broad process of participation and consultation of agencies and entities specialized and, especially, of audience of them communities autonomous by the involvement that is derives of the complex system of concurrency competence.
TITLE I General provisions article 1. Object.
The object of this law is to regulate the general action of safeguard which should exercise the authorities about the assets that comprise the intangible cultural heritage, in their respective spheres of competence.
Article 2. Concept of intangible cultural heritage.
They shall be regarded as intangible cultural heritage goods the uses, representations, expressions, knowledge and techniques that communities, groups and in some cases, individuals recognize as part of their cultural heritage, and in particular: to) oral traditions and expressions, including modalities and linguistic peculiarities as a vehicle of the intangible cultural heritage; as well as the traditional toponymy as an instrument for the realization of the geographical designation of the territories;
(b) performing arts;
(c) social practices, rituals and festive events;
(d) knowledge and practices concerning nature and the universe;
(e) traditional craftsmanship;
(f) cuisine, culinary creations and food;
(g) specific uses of natural landscapes;
(h) forms of collective socialization and organizations;
(i) sound demonstrations, music and traditional dance.
TITLE II regime general of the heritage cultural intangible item 3. Principles General of the performances of safeguard.
In its preparation and development, the actions of public authorities on the goods of the intangible cultural heritage that are the subject of safeguard by the General Administration of the State, the autonomous communities or local governments shall respect the following general principles: to) the principles and values enshrined in the Spanish Constitution and in the law of the European Union as well as in general, the rights and fundamental duties that establishes, in particular freedom of expression.
(b) the principle of equality and non-discrimination. The traditional character of the intangible manifestations of culture in any case support the development of actions constituting breach of the principle of gender equality.
(c) the role of Community carriers of the intangible cultural heritage, such as headlines, maintainer and legitimate users of the same, as well as the recognition and mutual respect.
(d) the principle of participation, in order to respect, maintain and boost the prominence of groups, carrier communities, organizations and associations of citizens in the recreation, transmission and dissemination of the intangible cultural heritage.
(e) the principle of accessibility that make possible the knowledge and enjoyment of intangible cultural manifestations and cultural enrichment of all citizens without prejudice to the customary uses which governs access to certain aspects of such statements.
(f) the principle of cultural communication as a guarantor of the interaction, recognition, approach and mutual understanding and enrichment between the cultural manifestations of intangible, through the action of cooperation between public administrations and communities or groups bearers of intangible cultural property.
(g) the inherent dynamism of the intangible cultural heritage, which by nature is a living heritage, recreated and experienced in the present tense and responds to changing practices, by individuals and groups, and communities.
(h) the sustainability of them demonstrations cultural intangible, avoiding is them alterations quantitative and qualitative of their elements cultural alien to them communities carriers and managing of them same. Tourism activities must never violate the essential characteristics or self-development of the manifestations, so can reconcile their appropriation and public enjoyment with respect to property and its protagonists.
(i) the consideration of the dimension cultural intangible of them goods furniture and homes that are object of protection as goods cultural.
(j) actions to be taken to safeguard the protected legal goods must in any case respect the principles of guarantee of the freedom of establishment and freedom of movement laid down in existing legislation in the field of market unit.
Article 4. Protection of the associated property.
1. the administrations public shall ensure by the respect and conservation of them places, spaces, itineraries and of them stands materials in that rest them goods immaterial object of safeguarding.
For this purpose, measures for the safeguarding of the intangible cultural heritage may determine the specific and unique protective measures with respect to movable and immovable property intrinsically associated with him, provided that such protection allow maintenance, evolution and common use, without prejudice to special measures which, for the protection of such real and personal property, may be established pursuant to the Act 16/1985 , of 25 of June, of the heritage historical Spanish and in the legislation of the communities autonomous competent in the matter.
2 movable and spaces linked to the development of the intangible cultural manifestations may be measures of protection in accordance with the urban planning legislation and planning by the competent administrations.
In any case these protection measures will result in a restriction on the powers of the owners or holders of rights over such property. So can realizing such limitations will need to continue, where appropriate, procedures established in law 16/1985, of 25 June, of the Spanish historical heritage, and the corresponding regional legislation.
Article 5. Exploitation and export.
1 corresponds to the General Administration of the State, in the scope of its powers, the measures resulting from to the defence against the export and the looting of the property associated with the intangible cultural heritage.
2. in relation to the expolio of goods declared manifestation representative of the Heritage Cultural intangible, is will be, also, to it provisions in the article 4 of the law 16 / 1985, of 25 of June, of the heritage historical Spanish and in the article 11 of the Real Decree 111 / 1986, of 10 of January, of development partial of the law 16 / 1985, of 25 of June , of the Spanish historical heritage. Given the special nature of these goods, where significant is the possible loss of the good or the undermining of its social function, will decide their inclusion in a list of property in danger so that is appropriate to the opening of a procedure aimed at the preservation and protection of the application property. In this procedure the relevant technical reports, which should include urgent safeguard measures, part of the autonomous community concerned specialized agencies as requested.
3. in case of export of movable property associated, it will be also to provisions of article 5 of the law 16/1985, of 25 June, on Spanish historical heritage, and regulatory standards of development. In any case, defense of these goods against export fit those cases in which the departure abroad of material good support of the intangible cultural asset prevents or denature the normal development of the cultural practice or values to their community of origin that this is carrier.
Article 6. Transmission, dissemination and promotion.
1. the competent public administrations shall ensure adequate dissemination, transmission and promotion of the object of safeguarding intangible.
2. the competent public administrations shall promote the transmission to the new generations of knowledge, crafts and traditional techniques in foreseeable danger of extinction, supporting and coordinating public and private initiatives, by implementing these activities of promotion measures and tax incentives that can be applied, in the terms established legislation.
3. the competent public administrations shall allow and where sectoral regulations and submit them to this requirement, authorize the actions of dissemination, transmission and promotion of the intangible expressions of culture.
Measures are taken to safeguard other protected legal assets, where appropriate, shall be provided and duly justified.
Article 7. Measures of character education.
1. them administrations educational and the universities shall endeavour to the inclusion of the knowledge and the respect of the heritage cultural intangible between them content of their teachings respective and in them programs of training permanent of the Faculty of the Education Basic.
2 the Government, respect for university autonomy and in collaboration with the autonomous communities and the universities Council, will promote, in the scope of their powers: to) the design and implementation of official university qualifications of degree whose curricula include a training specifically aimed at the acquisition of skills and abilities relating to the protection management, transmission, dissemination and promotion of the intangible cultural heritage.
(b) the design and implementation of master's programs in areas related to the intangible cultural heritage.
Article 8. Information and awareness-raising measures.
The General Administration of the State, the administrations of the autonomous communities and local corporations, in the exercise of their respective powers and within the framework of the National Plan for the safeguarding of the Intangible Cultural heritage, may promote measures to inform and sensitize the population about the characteristics and values of the intangible cultural heritage and the threats that weigh upon him.
Article 9. Guarantee of public enjoyment.
Public authorities, the plan referred to in article 13, shall establish the measures that ensure the access of citizens to the different intangible manifestations of culture, in the terms provided for in article 3, provided that such action does not violate the essence and characteristics of the goods or rights of third parties about them, and without prejudice to respect for customary uses of the same.
Article 10. Cultural communication between public administrations.
Public administrations will lead, by mutual agreement, the cultural communication between them, knowledge of the plurality of the cultural heritage of the Spaniards, the peoples of Spain and other communities, as well as the exchange of information on cultural activities, whereas the diversity of cultural expressions as a wealth that must be maintained and preserved for 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 powers of the Administration General of State article 11. Competencies.
1 corresponds to the General Administration of the State, in accordance with the provisions of articles 44, 46, 149.1, rules 1st and 28th, and 149.2 of the Spanish Constitution, guarantee the preservation of Spanish heritage, as well as promote the enrichment of it and encourage and foster the access of all citizens to its different manifestations. To such end, is shall take them measures necessary to facilitate your collaboration with them remaining powers public and it of these between itself, as well as for collect and provide much information out accurate to them late of this law.
2 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: to) the proposal, development, monitoring and review of the National Plan for the safeguarding of the Intangible Cultural heritage.
(b) the management of the inventory General of heritage Cultural intangible.
(c) the safeguarding of the intangible cultural heritage by the Declaration of representative expression of the Intangible Cultural heritage, in the terms provided for in this law.
3. the General Administration of the State, without prejudice to the powers of the autonomous communities, will cooperate with the cultural action of different public administrations within the framework of article 9. To this end, the State shall at the service of cultural communication museum institutions, archives, libraries and other cultural centers of its ownership.
4 corresponds to the General Administration of the State and the autonomous communities, in the field of its competences, the international dissemination of knowledge of Spanish cultural heritage assets, as well as the exchange of cultural, technical and scientific information with other States and with international organizations.
In particular, and of conformity with it willing in it rule 3rd of the article 149.1 of the Constitution Spanish, corresponds to it Administration General of the State raise to it UNESCO them proposed for the inclusion of goods cultural intangible in it list representative of the Heritage Cultural intangible of the humanity, in the list of goods that require measures urgent of safeguard as well as programmes, projects and activities for the safeguarding of the intangible cultural heritage that reflect more properly the principles and objectives of the Convention.
Similarly, the formulation, corresponds to the General Administration of the State to the Intergovernmental Committee for the safeguarding of the Intangible Cultural heritage of UNESCO, of requests for international assistance for the safeguarding of such heritage present in the national territory, as well as the referral reports to the aforementioned Committee on legislative, regulatory provisions or other measures taken in implementation of the Convention for the safeguarding of the Intangible Cultural heritage.
The General Administration of the State can promote in conjunction with other States, the enhancement of the intangible cultural heritage shared, stimulating the promotion of candidatures before the competent international institutions.
Article 12. Declaration of manifestation representative of the Heritage Cultural intangible.
1 the General Administration of the State, in accordance with the principles established in article 3, shall have powers to declare the protection and adopt safeguard measures with respect to the intangible cultural heritage assets that comply with any of the following circumstances: to) when they exceed the territory of an autonomous community and there is a legal instrument for cooperation between autonomous communities for the integral of this asset protection.
(b) when so requested by the autonomous community where takes place the demonstration, on request of the carrier of good community.
(c) when consideration on set of the good object of safeguarding required for your specific understanding a unitary consideration of that shared tradition, beyond of their own that can receive in one or several autonomous communities.
(d) when you have intended those intangible cultural manifestations which, if any, can be associated or linked to state-owned public services or goods belonging to the national heritage.
(e) when the well possess special relevance and international significance for the cultural communication, as the expression of the story shared with other countries.
2. by Royal Decree may be granted a singular protection of the intangible cultural properties above, through its Declaration as a representative expression of the Intangible Cultural heritage.
3. the statement of manifestation representative of the Heritage Cultural intangible by the State not prejudice to them actions of statement or significance that, to highlight the specificities or modulations that presented in their respective areas territorial, can perform them communities autonomous. In this case, it must provide for partnership agreements between the State and the autonomous communities.
4. the procedure will begin ex officio by the Ministry of education, culture and sport, either on own initiative, at the reasoned request of one or more autonomous communities or motivated request of a natural or legal person.
The procedure will take place respecting the following essential elements: a) the preparation of the Royal Decree is set to a phase of public information.
(b) provision shall be made, also the procedure of hearing communities good carriers, holders of rights in rem on the real and personal property associated with the representative expression of the Intangible Cultural heritage, and regional and local authorities of the territory in which the event takes place.
(c) in making the report of the historical heritage Council and specialized advisory institutions associated with matter shall be sought and which are considered suitable, as well as of the competent bodies of the autonomous communities.
(d) in the documentation will consist a description clear of the well in which is listed their uses, representations, expressions, knowledge and technical that behaves, as well as them goods materials, both furniture as estate, in which such activities is support, them communities, groups and areas geographic in which is develops or has developed traditionally, as well as, in his case, them threats that on the same can attend. The above description must accompany is of the pertinent documentation photographic, audiovisual, or of another order, when so is possible.
(e) the maximum period to resolve and to notify the resolution will be 12 months and silence have rejected effects.
5. the statement of the representative manifestations of the Intangible Cultural Heritage will generate the obligation of enrolment in the General inventory of Intangible Cultural heritage.
TITLE IV cooperation article 13 instruments. National plan for the safeguarding of the Intangible Cultural heritage.
1. the Government, on the proposal of the Ministry of education, culture and sport, and prior agreement of the historical heritage Council, approved the National Plan for the safeguarding of the Intangible Cultural heritage, intended to develop a coordinated programme of activities according to the needs of the intangible cultural heritage through its monitoring Committee, without prejudice to the provisions of article 35 of the law 16/1985 with the different public administrations , of 25 June, on 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, local authorities, and other public or private entities, must, firstly, facilitate information and empowerment at the State level of actions that allow the interrelation between the various agents, see the criteria and methodologies of action more appropriate for the intangible cultural heritage as well as alert to the risks and threats to those who may be exposed. Shall also contain a relationship of programmes and lines of work essential for the safeguarding of the intangible cultural heritage as they are: a) sensitize society and achieve recognition within the framework of cultural policies.
(b) research and documentation, lists, censuses, records, inventories, catalogues, specific studies and special programs.
(c) conservation of material cultural heritage stands, both furniture and homes and spaces that are inherent to them.
(d) formation, transmission, promotion and dissemination.
(e) the measures General of protection of them goods declared manifestations representative of the Heritage Cultural intangible by it Administration General of the State and of which enjoy of the maximum category of protection granted by them communities autonomous, as well as them formulas of cooperation inter-territorial for your protection.
3. inside of the Plan shall be provided to special performances by promoting incardinadas as provided for in the Law 47/2003, of 26 November, General budget, or in law 38/2003 of 17 November, General grant.
4. the Plan will have a validity of ten years and is reviewed after the five first.
Article 14. Intangible Cultural Heritage General inventory.
1. the inventory of Intangible Cultural Heritage-General should provide updated information on manifestations that make up this one, from the State information and supplied by the autonomous communities.
2 Intangible Cultural Heritage General inventory shall contain the identification of the goods and the fullest possible information about them, in the most appropriate documentary stands. The Ministry of education, culture and sport will manage the inventory and ensure the update, conservation, custody and access public to this information.
3. the inventory General must include those goods cultural intangible declared by them communities autonomous with the maximum grade of protection, as well as them protected by the Administration General of the State under the category of manifestation representative of the Heritage Cultural intangible.
4. the Government regulations will determine the structure and functioning of the General inventory of Intangible Cultural Heritage regime.
5 corresponds to the General Administration of the State supply before international bodies the information contained in the General inventory of Intangible Cultural heritage.
6. statements, lists, inventory and atlas of the autonomous communities that should be included in the inventory shall observe common methodologies of registry, and must relate to the General inventory through interoperable digital media.
Sole transitional provision. Entry into force of the National Plan for the safeguarding of the Intangible Cultural heritage.
The application of the provisions of article 13 is deferred until the adoption of a new National Plan for the safeguarding of the Intangible Cultural heritage, which must be held within a maximum period of three years from the entry into force of this law.
First final provision. Modification of the law 16 / 1985, of 25 of June, of the heritage historical Spanish.
Add the following subsection final paragraph 2 of article 1 of the law 16/1985, of 25 June, the Spanish historical heritage: «Also form part of the Spanish historical heritage assets that integrate the Intangible Cultural heritage, in accordance with that set its special legislation.»
Second final provision. Modification of the title of the additional provision ninth, of law 18/2014, October 15, from adoption of urgent measures for growth, competitiveness and efficiency.
Amending the title of the additional provision ninth of law 18/2014, October 15, from adoption of urgent measures for growth, competitiveness and efficiency, which is as follows: "" ninth additional provision. "» «"A Coruña 2015-120 years later".»
Available to finish third. Skill-related title.
This law is issued under cover of the provisions of article 149.1.1. th and 28th, and the Spanish Constitution, with the exception of 149.2: to) the provisions of paragraph 4 of article 11, which is issued pursuant to article 149.1.3. ª of the Spanish Constitution.
(b) the article 7, that is dictates by virtue of it arranged in the article 149.1.30. ª of the Constitution Spanish.
Fourth final provision. Regulatory development.
The Government, on the proposal of the Ministry of education, culture and sport, will adopt the regulations necessary for the development and implementation of this law.
Available to finish fifth. Authorisation to draw up a text revised in terms of Spanish historical heritage.
Is authorizes to the Government for develop, in the term of a year starting from the entry in force of this law, a text consolidated in which is integrate, duly regularized, clarified and harmonized, it law 16 / 1985, of 25 of June, of the heritage historical Spanish and the present law for the safeguard of the heritage cultural intangible, as well as them provisions in matter of protection of the heritage historical contained in standards with range of law.
Sixth final provision. Regulation of bullfighting as cultural heritage.
The provisions of the present law is understood, in any case, without prejudice to forecasts contained in the law 18/2013, 12 November, for the regulation of bullfighting as cultural heritage.
Available to finish seventh. Data transfer to the Intangible Cultural Heritage General inventory.
Within the period of six months from the entry into force of this law, the General Administration of the State will begin the steps necessary to get the full transfer to the General inventory of Intangible Cultural heritage of which data relating to the intangible cultural heritage of the different public administrations, currently held in the General Register of goods of Cultural interest.
Disposal the eighth. Entry into force.
This law shall enter into force the day following its publication in the "Official Gazette".
Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.
New York, May 26, 2015.
The Prime Minister, MARIANO RAJOY BREY
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