Act No. 101 / 2001 Coll.
Law on the return of illegally exported cultural goods
Valid
Law
Effective from 01.05.2004
101
THE LAW
of 22 February 2001
on the return of illegally exported cultural goods
Parliament has decided on this law of the Czech Republic:
INTRODUCTORY PROVISIONS
Subject matter
This law implements the relevant provisions of the European Union1) and regulates the procedure for the return of cultural goods where they have been illegally exported in the territory of the Czech Republic from the territory of another Member State of the European Union (the "Member State ') or from the territory of the Czech Republic to the territory of a Member State after 31 December 1992.
Definition of basic terms
(1) The cultural good is a matter which:
(a) is part of the national cultural treasure of the Czech Republic; or
(b) be part of a national cultural treasure and at the same time a cultural good under the legislation of a Member State.
(2) The national cultural treasure of the Czech Republic are objects or sets of items which are defined by special legislation such as cultural monuments and national cultural monuments, 3) collections of museum character and individual collection items, 4) archivalies5) or objects of cultural value, 6) if these objects meet the conditions for declaration of cultural monument under special legislation.3)
(3) The public collection of the Czech Republic is a collection of a museum nature, which is owned by the Czech Republic, a local self-government unit or a legal person established by law, or by the law of the state or local self-government.
(4) Illegally exported cultural property is a cultural property which has been exported from the territory of the Czech Republic to the territory of a Member State or from the territory of a Member State to the territory of the Czech Republic after 31 December 1992 in contravention of the legislation establishing the way in which it is protected and handled or in breach of the directly applicable European Union Regulation (7), or has not been recovered within the prescribed period.
(5) The requesting Member State shall be the Member State from whose territory the cultural good was illegally exported to the territory of the Czech Republic or the Czech Republic if it was illegally exported from its territory to the territory of another Member State.
(6) The requested State is the Czech Republic, where a cultural object illegally exported from the territory of a Member State is located in its territory or the Member State in whose territory a cultural object illegally exported from the Czech Republic is located.
Central authorities
(1) The Ministry of Culture and, in cases relating to archivalies5, the Ministry of the Interior (hereinafter referred to as the "Central Authority") is the central body of the Czech Republic, which performs tasks related to the return of illegally exported cultural goods.
(2) The central authority shall cooperate with the other competent central authorities of the Member States on the return of illegally exported cultural goods through the Internal Market Information System (10) and report every five years to the European Commission on the procedure under this law.
CZECH REPUBLIC AS REQUEST
Procedure by the central authority for the search and examination of illegally exported cultural goods
(1) The central authority shall initiate the search for an illegally exported cultural object at the written request of the central authority of the requesting State. The application shall contain the information necessary for the identification of the cultural object, in particular its detailed description, the photo documentation, if any, of the intended place of occurrence and, where applicable, of the person who owns or holds the cultural object. The application shall be accompanied by a declaration from the central authority of the requesting State that it is a cultural object unlawfully exported from its territory and in which the illegality of exports lies.
(2) The central authority shall inform the owner of the cultural good of the request made by the central authority of the requesting State pursuant to paragraph 1 and, if the owner is not known, the holder thereof.
(3) Where a central authority ascertains the place where the cultural good referred to in paragraph 1 is located, or its owner or holder, it shall inform the central authority of the requesting State thereof. At the same time, it shall invite it to participate within six months of the date of receipt of this call in the examination of the cultural object which the central authority provides for, and at the same time shall draw its attention to, that if it does not use that period, the measures necessary to ensure the care of the cultural object will not be laid down (§ 5 (1) and (2)).
(4) The owner or holder of a cultural object shall, by decision of the central authority, be obliged to allow the examination of the cultural object in that decision within a time limit set in agreement with the central authority of the requesting State. The search for the cultural object shall always be carried out with the participation of a representative of the central authority.
Measures to ensure the care of cultural goods
(1) Where the material nature of a cultural object is compromised, the central authority shall decide on the measures which its owner is obliged to take to protect it and shall at the same time determine the period within which it is obliged to carry out such measures; such obligations shall be borne by the holder of the cultural object, unless the owner of the cultural object is known to the central authority.
(2) Where the owner or holder does not carry out such measures within the prescribed time limit or where the protection of the cultural good so requires, the central authority shall decide that the owner or holder is obliged to surrender the cultural good for a period of time strictly necessary for the custody of the legal person or the organisational component of the State designated in the decision. The legal persons or bodies of a State which may be designated by a central authority in a decision pursuant to this paragraph are listed in the Annex to this law.
(3) The measures referred to in paragraphs 1 and 2 may be decided by the central authority even if the owner or holder does not allow the cultural goods to be examined within the time limit set.
(4) The central authority shall revoke the decision on the measures referred to in the preceding paragraphs if the reasons for which it has been given have been omitted.
(5) An appeal against a decision pursuant to paragraphs 1, 2 and 3 shall not have suspensory effect.
Where an action is to be taken between the central authority of the requesting State and the owner of an illegally exported cultural object for the return of that cultural object, the central authority shall act as an intermediary at the initiative of the central authority of the requesting State or the owner in that action.
Compensation for examination
The central authority shall pay the owner or holder, in connection with the examination of the cultural good, of the necessary expenses and of the loss of earnings or of the loss of earnings. The owner or holder must apply to the central authority within 15 days of the date of the examination, otherwise the entitlement shall cease.
The reimbursement of costs incurred by the Czech Republic in connection with the application of the measures provided for in Article 5 (1) and (2) shall be applied by the central authority to the requesting State.
Proceedings
Application to initiate proceedings
(1) The central authority of the requesting State may bring an application to the court of the Czech Republic against the owner of a cultural object and, if the owner is not known, against its holder to initiate proceedings for the return of an illegally exported cultural object.
(2) In the proceedings referred to in paragraph 1, the competent general court shall be the owner of the cultural object and, if the owner is not known, the general court of the holder of the cultural object.
(3) In addition to the general requirements laid down by special legislation8), the application must contain a detailed description of the unlawfully exported cultural good and documents showing that it is a cultural good under the legislation of the requesting State which has been illegally exported from its territory.
The central authority shall inform the competent central authorities of all other Member States, in particular through the Internal Market Information System, of the initiation of the proceedings, after informing the Central Authority of the requesting State of the application.
Time limits for exercising the right to return illegally exported cultural goods
The right to return an illegally exported cultural object shall be suspended if it has not been exercised by the central authority of the requesting State before the court within a period of 3 years from the date on which the central authority of the requesting State became aware of the location of the illegally exported cultural object and who is its owner or holder; where the owner or holder of a cultural object is referring to a limitation period, the limitation period may not be granted. However, no later than 30 years after the date on which the cultural object was illegally exported from the territory of the requesting State, and in the case of a cultural object which is part of a public collection or church property under the law of the requesting State, that right shall expire no later than 75 years after the date on which the cultural object was illegally exported from the territory of the requesting State.
(1) The Court of First Instance will accept the application for the return of an illegally exported cultural object if the cultural object has been unlawfully exported from the territory of the requesting State.
(2) At the same time, the court shall decide on the obligation of the requesting State to provide the owner of the cultural good or the holder of the cultural good, if the owner is not aware, with compensation up to a level appropriate to the circumstances of the case, provided that the owner or holder proves that he has taken the necessary care in acquiring the cultural property.
(3) When proving whether the owner or holder has incurred the necessary care for the acquisition of a cultural object pursuant to paragraph 2, the court shall consider all the circumstances in which the cultural object was acquired, in particular whether the owner or holder has ascertained the documentation of the origin of the cultural object and the export authorisation required under the legislation of the requesting State, whether it has taken into account the reliability of the parties involved and the price paid, whether it has consulted any publicly available registers of stolen cultural goods and whether it has consulted the persons and authorities exercising public authority.
(4) The decisions of the court referred to in paragraphs 1 and 2 shall be without prejudice to the ownership of an illegally exported cultural object.
CZECH REPUBLIC AS Requesting STATE
Procedure by the central authority for the submission of a search request and for the examination of an illegally exported cultural object
(1) Where a central authority finds that a cultural object has been illegally exported, it shall make a written request to the central authority of the requested State to seek it out. The request shall include, in addition to the formalities laid down in the law of the requested State, the information necessary to identify the unlawfully exported cultural object, its detailed description, the photo documentation, if any, the estimated location of the occurrence, or, where applicable, the data on the owner of the cultural object or its holder, and the declaration by the central authority that it is an illegally exported cultural object under this law and in which the illegality of the export consists.
(2) Upon receiving notification from the Central Authority of the requested State that a cultural good has been found and can be examined, the Central Authority will carry out an examination of the cultural good within a time limit agreed with the Central Authority of the requested State, but no later than six months after the notification of the possibility of examining the cultural good.
Proceedings
(1) The Central Authority is entitled to bring an application against the owner or holder before the competent court of the requested State to initiate proceedings for the return of an illegally exported cultural object, unless the conduct between the central authority and the owner of the cultural object, facilitated by the central authority of the requested State, for the return of that cultural object is expedient.
(2) At the same time, the Central Authority shall inform the Central Authority of the requested State of the application referred to in paragraph 1.
(3) The application referred to in paragraph 1 shall contain the particulars laid down by the law of the requested State.
(1) If the central authority and the owner of a cultural object agree to return an illegally exported cultural object or if the competent court of the requested State decides that an illegally exported cultural object is to be returned to the territory of the Czech Republic, the central authority will ensure its return at the expense of the Czech Republic.
(2) Czech Republic will pay
(a) the costs incurred by the requested State in carrying out measures to ensure the care of an illegally exported cultural object;
(b) to the owner or holder of the cultural good, a refund of the amount fixed by the competent court of the requested State.
(3) The person who has caused the cultural good to be illegally exported from the territory of the Czech Republic is obliged to reimburse the Czech Republic for the costs incurred under paragraphs 1 and 2. The Central Authority shall exercise the right to reimbursement of costs against that person without undue delay.
After returning the illegally exported cultural property to the Czech Republic, the central authority shall place the property appropriately; In doing so, he shall observe the ownership rights of the Czech Republic, local authorities, other legal persons or natural persons in respect of these cultural goods.
PROVISIONS COMMON AND FINAL
Synergies
(1) The authorities of the State and the authorities of the Territorial Government are obliged, within their jurisdiction, to provide the central authority with synergies related to the return of an illegally exported cultural object.
(2) Legal persons and natural persons, including the owner or holder, who have the documents and other means of proof or the information necessary for the preparation and conduct of proceedings under this law are required to provide the central authority with synergies by:
(a) by decision of the Central Authority and within the time limit set by it, submit to the Central Authority the required documents and other evidence; or
(b) provide the central authority as a witness with information on the facts relating to the cultural object and its illegal export.
No appeal shall be admissible against the decision referred to in point (a).
(3) The provision of cooperation may be refused by a natural person if such person or persons close to him would be threatened by the fulfilment of such cooperation by the risk of prosecution or would be in breach of the obligations laid down in special legislation9) or the legally imposed or recognised obligation of confidentiality, unless it has been discharged.
(1) A legal or natural person, including the owner or holder, shall be entitled, in connection with the provision of synergies pursuant to Article 17 (2), to reimbursement of the necessary expenses and to reimbursement of loss of earnings or compensation of loss of earnings.
(2) The entitlement referred to in paragraph 1 must be exercised by those persons with the central authority within 15 days of the date on which the cooperation is granted, otherwise the right shall cease.
Transfers
(1) A natural, legal or business natural person, including the owner or holder, shall commit an offence by infringing one of the obligations laid down in Article 17 (2).
(2) The owner or holder commits an offence by:
(a) infringes one of the obligations under Paragraph 4 (4); or
(b) fails to comply with the obligation imposed in a decision given pursuant to Article 5 (1) to (3).
(3) A penalty may be imposed in respect of an offence:
(a) 500 000 CZK if the offence referred to in paragraph 1 is committed; or
(b) 3 000 000 CZK if it is an offence pursuant to paragraph 2.
(4) Where an offence referred to in paragraph 1 or 2 has been committed repeatedly after the decision on the offence has become final, the fine shall be imposed up to twice the upper limit of the rates referred to in paragraph 3. The offence shall be committed repeatedly if a decision on the same offence as the defendant was found guilty has not been taken for 12 months since the entry into force of the law.
(5) The transfers under this law are discussed by the central authority.
Relationship with the Administrative Rules
The Administrative Rules shall apply:
(a) to take decisions by a central authority under this law;
(b) the procedure for requiring and providing synergies pursuant to Article 17 of this Law, unless otherwise provided for in this Act.
Efficacy
This Act shall take effect on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Klaus v. r.
Havel v. r.
Zeman v. r.
Annex to Act No. 101 / 2001 Coll.
Legal persons or organisational entities of a State which may be designated by a central authority in a decision pursuant to § 5 (2) of this Law
National Museum
National Gallery in Prague
Museum of Arts in Prague
National Technical Museum
National Film Archive
State Central Archive in Prague
State Regional Archive based in Trebon
State Regional Archive based in Zámrsko
State Regional Archive based in Pilsen
State regional archive based in Litomerice
Moravian Earth archive with headquarters in Brno
Earth archive based in Opava
(1) Directive 2014 / 60 / EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024 / 2012.
3) Act No. 20 / 1987 Coll., on State Heritage Care, as amended.
4) Act No. 122 / 2000 Coll., on the protection of collections of museum character and on the amendment of certain other laws.
5) Act No. 97 / 1974 Coll., on archiving, as amended.
6) Act No. 71 / 1994 Coll., on the sale and export of objects of cultural value, as amended by Act No. 122 / 2000 Coll.
7) Council Regulation (EC) No 116 / 2009 of 18 December 2008 on the export of cultural goods.
8) Act No. 99 / 1963 Coll., Civil Code, as amended.
9) Act No. 148 / 1998 Coll., on the protection of classified information and on the amendment of certain laws, as amended.
10) Regulation (EU) No 1024 / 2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008 / 49 / EC (IMI Regulation).
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Regulation Information
| Citation | Act No. 101 / 2001 Coll., on the Return of Illegal Exported Cultural Goods |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.03.2001 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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