Act No. 122 / 2000 Coll.
Law on the protection of collections of museum nature and on the modification of certain other laws
Valid
Law
Effective from 12.05.2000
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122
THE LAW
of 7 April 2000
on the protection of collections of a museum nature and on the amendment of certain other laws
Parliament has decided on this law of the Czech Republic:
_
Subject matter
This law lays down the conditions for the protection of collections, kept in particular in museums and galleries, the conditions and manner of keeping records of collections of a museum nature, the rights and obligations of owners of collections of a museum nature, the public utility services, the selected public utility services and the standardised public utility services provided by museums and galleries, and the conditions for their provision and administrative penalties for infringements of the obligations laid down.
Definition of basic terms
(1) A collection of museums is a collection which, in its integrity, is important for prehistory, history, art, literature, technology, natural or social sciences; it consists of a collection of items collected by human activities (the collection). It is believed that the collection is a mass matter.
(2) The collection, the owner of which is the Czech Republic or the local authority, is a public good under the special legislature5).
(3) The collection object referred to in paragraph 1 shall be a movable or immovable property or a set of such items, namely natural or human creation. The collection object referred to in paragraph 1 shall also be preparations of human and animal bodies or parts thereof and skeletal remains of human and animal bodies.
(4) The museum is an institution that acquires and collects natural and human creation for scientific and study purposes, examines the environment from which nature and human creation are obtained, creates collections that are permanently preserved, recorded and processed, in a manner that guarantees equal access to all, without distinction, the use and making available of selected public services, the purpose of which is not generally to achieve profit. The gallery is a museum specialized in art collections.
(5) The public services provided by the museum or gallery are those which serve to satisfy cultural, educational, educational and information needs of the public (hereinafter referred to as the "public service '). Public services are partly or wholly financed by public budgets.
(6) The selected public services shall be the public services referred to in paragraph 5, consisting of the making available and use of collections or individual collection items and the knowledge and history of nature obtained from them by means of museum exhibitions, museum programmes, museum publications and the provision of information on nature or society, obtained by the study of natural or human creation, collections and collection items or the environment from which collection items are obtained.
(7) The standard public services shall be the selected public services referred to in paragraph 6 for which standards are laid down by this law to the extent and structure guaranteeing their territorial, temporal, economic and physical availability.
(8) Providers of standardised public services are museums and galleries which manage collections entered in the central collection records (hereinafter referred to as "central records'), the owner of which is the Czech Republic or the local self-governing body (hereinafter referred to as" the provider '). The network of providers shall be published by the Ministry of Culture (hereinafter referred to as "the Ministry') in the information system with a remote direction.1).
(9) Guarantees for the provision of standardised public services are providers' agents or those who perform the function of the provider (hereinafter referred to as "the guarantee ') vis-à-vis the provider.
Central records
(1) The Ministry shall keep a central register.
(2) The Ministry will enter in the central register collections which are owned by the Czech Republic or the local authority. Collections of other owners shall be entered in the central register if the Ministry so decides, at the request of the owner of the collection.
(3) The Ministry will register only a collection which is permanently located in the Czech Republic and which contains at least 5 collection items.
(4) The central register is an accessible information system for the public. Information on the owner of the collection and the location of the collection, if not the Czech Republic or the local authority, may be communicated to the interested party only with the consent of the owner of the collection.
(1) The application referred to in the second sentence of Article 3 (2) shall be submitted by the owner of the collection to the Ministry on a form the model of which is set out in the implementing legislation.
(2) The Ministry may invite the owner of the collection to remedy the deficiencies of the application to provide additional information necessary for the examination of the application or to provide further explanation of the data contained in the application; in the invitation, the Ministry shall set a time limit which shall not be less than 15 days from the date of receipt of the call.
(3) If the owner of the collection is the Czech Republic or a local authority, the provisions of paragraphs 1 and 2 shall apply to the organisations of the State or the local authority which manage the collection, mutatis mutandis, with a central registration application being required without undue delay.
(1) If a collection of articles, as indicated in the application, meets the collection characteristics referred to in Article 2 (1), the Ministry shall enter the collection in the central register. For the examination of a set of articles, the Ministry shall seek the opinion of the Central Collection Records Board (hereinafter referred to as "the Council ') set up, shall issue its Statutes and Rules of Procedure. The certificate of registration shall be issued by the Ministry on a form, a specimen of which appears in the implementing legislation.
(2) If the set of articles referred to in the application does not meet the collection characteristics referred to in Article 2 (1), the Ministry will reject the application.
(3) If the applicant fails to comply with the call made by the Ministry pursuant to Paragraph 4 (2), the Ministry will stop the application procedure.
(4) Decisions pursuant to paragraphs 2 and 3 shall not be subject to appeal in administrative proceedings.
(1) The central repository is entered
(a) the name of the collection;
(b) a description of the collection, which contains its characteristics, the field which it documents, the indication of the territory from which the individual collection items are mainly obtained, the period of time from which it mainly documents and the list of the characteristic types of collection items;
(c) a list of the collection items or a list of the registration numbers of the individual collection items which the collection constitutes on the date of entry into the central register;
(d) the location of the collection,
(e) the owner of the collection, namely the Czech Republic or the competent territorial authority, or the name, surname and place of permanent residence of the natural person, and, if it is a citizen of the Czech Republic, his home number, or the name and address of the legal person, including the organisational component in the Czech Republic, belonging to a legal person established abroad, and the identification number of the person,
(f) the manager of the collection, if it is a collection owned by the Czech Republic or a local authority or a collection managed by a natural or legal person under contract with the owner of the collection; for the extent of the recorded data relating to the collection administrator, point (e) shall apply mutatis mutandis;
(g) the register number of the collection allocated by the Ministry;
(h) the date of entry of the collection into the central register.
(2) If they are part of the archive collection, 2) this fact is indicated in the central register.
(3) The holder of the collection who has applied for entry in the central register may not, from the date of the application to the date of receipt of the certificate of registration or the date of receipt of the decision to reject the application or the decision to terminate the procedure, carry out such acts as would result in a change in the particulars referred to in points (a) to (d) of paragraph 1.
(1) If there is a change in the data referred to in Article 6 (1) (a), (b), (d), (e) and (f), the owner of the collection shall, within 15 days of the date on which the change took place, submit a written proposal to the Ministry to amend the central register.
(2) If a change is to take place concerning the information referred to in Article 6 (1) (c), the owner of the collection shall submit a written proposal to the Ministry to amend the central register before the change occurs. In this case, the Ministry shall assess the completeness and correctness of the data entered in the list of collection items or the merits of the exclusion of the collection item from that list.
(3) Paragraphs 4 (3) and 6 (3) apply mutatis mutandis in the cases referred to in paragraphs 1 and 2.
(4) A change to the central register shall be made by the Ministry in the cases referred to in paragraph 1 within 15 days of the date of receipt of the application and in the cases referred to in paragraph 2 within 30 days of the date of receipt of the application and shall inform the owner of the collection thereof within the same time limits. Otherwise, the Ministry shall issue a decision rejecting the application; Paragraph 5 (4) shall apply mutatis mutandis.
(5) Where the Czech Republic or a local self-governing body is the owner of the collection, the provisions of paragraphs 1 to 4 shall apply mutatis mutandis to the organisations of the State or the local self-governing body which manage the collection.
(1) The Ministry, acting on its own initiative or at its own initiative, shall revoke the registration of the collection in the central register,
(a) if the collection ceases to fulfil the characteristics of the collection of a museum character referred to in Article 2 (1); the Ministry shall request the opinion of the Council on the decision;
(b) where the collection or individual collection items have been physically destroyed to such an extent that the collection has ceased to be of importance to prehistory, history, art, literature, technology, natural or social sciences in its entirety; or
(c) if the collection becomes part of another collection.
(2) By decision, the Ministry shall revoke the registration of the collection in the central register even if the conditions laid down in paragraph 1 are not fulfilled if the owner of the collection requests the cancellation of the registration; neither the State nor the local authorities have that right.
(3) The decision referred to in paragraph 2 shall specify the date on which the registration of the collection shall be cancelled. The Ministry shall cancel the registration of the collection in the central register on the date proposed by the owner of the collection in the application or within the time limit agreed under Section 10 (4) of this Act.
(4) In the cases referred to in paragraphs 1 and 2, the provisions of paragraphs 4 (3) and 6 (3) shall apply mutatis mutandis.
Protection of collections
(1) The owner of the collection entered in the central register is obliged
(a) ensure the protection of the collection against theft and theft;
(b) ensure the protection of the collection against damage, in particular the adverse effects of the environment;
(c) ensure the preparation, preservation and restoration of the collection, if necessary for its permanent preservation;
(d) keep a collection record containing the following records:
1. the name and brief description of the individual collection items, where applicable, the material from which they are produced, the dimensions, the weight, the timing, the date of acquisition, the identification of the author or the manufacturer and other identification marks;
2. an indication of the territory from which the items originate, if known,
3. the manner and circumstances of acquiring individual collection items (e.g. collection, gift, inheritance, purchase),
4. state of collection items,
5. registration numbers of individual collection items,
6. the name of the archives, (2) if they are part of the collection;
(e) keep the collection in its integrity as entered in the central register, except for the exclusion of collection items from the collection or the inclusion of new collection items in the collection under the conditions laid down by this law;
(f) to make available to the public the collection or individual collection items for scientific and scientific purposes by exhibiting, showing their appearance or, where appropriate, by lending them for temporary exhibition or public presentation of their appearance, or by domestic or abroad functions, except as provided for in paragraph 4;
(g) lay down arrangements for the treatment and compliance of collections or individual items;
(h) to carry out an extraordinary inventory of the collection or its designated part by decision of the Ministry;
(i) carry out the annual inventory of collections or their designated parts, except for the collection or part thereof, for which the inventory was exceptional in the previous year;
(j) exclude collectible items from the collection for reasons of non-fitness, excess capacity, exchange or loss, and ensure that the data in the collection records are in line with the actual state and data in the central register;
(k) to allow the Ministry's staff to carry out checks on compliance with the provisions of this Act;
(l) to bear the designation of the building in which the collection is located, as prescribed by the international emblem, already at peace in such a way that the collection is protected in the event of armed conflict;
(m) when transferring ownership to the collection, draw the acquirer's attention to the fact that the collection is entered in the central register;
n) announce to the Ministry the destruction or theft of a collection or individual collection items within 30 days of the date on which it became aware of such destruction or theft, and provide the Police of the Czech Republic with evidence or image records of stolen items.
(2) Neither the collection entered in the central register nor its individual collection items can be stopped or burdened with other rights in kind. The act which violates this prohibition has been void from the outset.
(3) The obligations referred to in paragraph 1 shall be carried out by the organisations of the State or the local self-governing body which manage collections owned by the Czech Republic or the local self-governing body.
(4) The obligation referred to in paragraph 1 (f) does not apply to collections or collection items which:
(a) are temporarily stored in premises where they cannot be handled without compromising their safety or physical condition;
(b) for their status or character they do not allow the public to be made available without jeopardising their physical nature;
(c) are prepared, preserved or restored.
(5) The collection item shall be in accordance with paragraph 1 (b). (j) unfit if he is irreversibly damaged or physically alive. The collection item shall be in accordance with paragraph 1 (b). (j) excess if it does not correspond to and evaluate the nature of the collection.
(1) The owner of the collection entered in the central register has the right to:
(a) the professional assistance which the organisation of the State or the local authority designated by the Ministry is obliged to provide free of charge;
(b) services which are to be provided to him in return by the organisation of the State or the local authority designated by the Ministry.
(2) The professional assistance referred to in paragraph 1 (a) shall include the professional identification and classification of collection items, the professional identification of appropriate conditions and the storage, storage or display of collections and collection items, including the identification of appropriate conditions of storage environments, the revision of collections in terms of the need for preparation, preservation or restoration, advisory activities concerning the registration, inventory, export or transfer of collection items abroad. The services referred to in paragraph 1 (b) shall include preparation, preservation and restoration.
(3) The owner of a collection entered in the central register may be provided with public funds for assigned contributions to:
(a) equipment of the objects where the collection is located by safety and fire protection systems;
(b) preparation, preservation and restoration of collection items,
(c) the acquisition of a register of endangered collection items and other registers to mitigate the consequences of theft and the operational registration of collection items;
(d) installation of exhibitions and exhibitions;
(e) making exposures and exhibitions available to persons with reduced mobility; or
(f) implementation of measures arising from international contractual obligations of the Czech Republic concerning the protection, preservation and presentation of collections.
(4) The grant referred to in paragraph 3 may be subject to a time limit within which the holder of the collection shall not submit a request to cancel the registration of the collection in the central register. If the holder of the collection submits a proposal to cancel the registration of the collection in the central register before the expiry of that period, he shall be obliged to return to the authority which provided the contribution to him a proportion of that contribution.
(5) The Czech Republic and the local authorities of collections and collections which they own, ensure that the obligations laid down by this law are fulfilled to the owner and ensure that the collections are reproduced. The collections concentrate mainly on their established museums and galleries.
Standards
(1) The standard of territorial availability is the network of providers, published by the Ministry pursuant to § 2 (8).
(2) The standard of time availability is the provision of standardised public services by the provider to the following extent and structure:
(a) making available the collection administered by the provider or the selected collection items of the collection or collection items lent from other domestic or foreign museums or galleries, through museum exhibitions, with a fixed visiting time in each calendar year;
(b) the annual organisation of museum programmes, drawn from collection items from collections administered by the provider, or from collection items borrowed, or from knowledge of nature or history, obtained by examining collection items or similar objects, or by research into the environment from which such items are obtained, to the general public, including specific groups of visitors, such as children and youth, disabled persons, seniors, national minorities,
(c) the annual processing of information on the activity of the provider in the annual report published through the press or in the information system with a remote direction1), and the annual processing of reports or information on museum programmes or museum publications on knowledge of nature or history obtained by examining collection items or objects similar to or research into the environment from which the collection items are obtained;
(d) ensuring the continuous provision of information on the collection that the provider manages, on prepared exposures, exhibitions, museum programmes, own editorial activities, nature or history of the territory in which the provider operates, or information on other providers;
(e) the processing of expert opinions, expertise, opinions and treatise in the fields of its competence, using the collection managed by the provider, the knowledge of the nature or history of the territory in which it operates, and the knowledge of the research of the environment from which it receives collection items, on request and in return.
(3) The standard of economic availability is the provision of discounted, group or free admission fees for children under the age of 6, primary school pupils, secondary and university students, seniors and for groups of pupils or students of at least 5 persons, including pedagogical escorts, and for persons and groups of disabled persons.
(4) The standard of physical availability is removal, if the construction nature of the property concerned permits it or is not excluded for other serious reasons, of architectural and other barriers preventing persons with reduced mobility from using standardised public services.
(5) The provision of standardised public services according to the established standards may be restricted or suspended only temporarily and for a period strictly necessary to:
(a) during the reconstruction or necessary maintenance of the building of the provider in which the services are provided, where visitors cannot be allowed to enter;
(b) when preparing the installation of a new exposure or its necessary modification;
(c) where the provider of long-term work is necessary to save the collection he manages,
(d) where the provider moves to other premises; or
(e) in natural events and in other similar exceptional cases, following the prior approval of the guarantor.
(6) The provision of standardised public services pursuant to paragraphs 2 and 3 and the restriction or suspension of the provision of standardised public services pursuant to paragraph 5, including their manner and scope, shall be publicly notified by the provider. A notice shall be deemed to be a public notification by means of a press or in an information system with a remote direction1) or a message on the provider's building.
(1) Guarantees are required
(a) identify to the providers of the instrument of incorporation the fields in which they operate and the territory from which they mainly acquire individual collection items, in accordance with the characteristics of the collections listed in the central register and the traditional collection area of the museum or gallery;
(b) provide for the provision of standardised public services to providers of the instrument of incorporation under this Act in the main object of their activities;
(c) provide providers with conditions for the performance of standardised public services in accordance with the standards set out in § 10a (2) to (4).
(2) Guarantees, where they are not an organisational component of a State or a contribution organisation established by an organisational body of a State, may receive assigned subsidies from State budget funds in accordance with the specific legislation3) to provide standardised public services according to the standards set out in § 10a (2) to (4).
Export or transfer of collections abroad
(1) The collection or individual collection items recorded in the central register may be exported to a third country or moved from the territory of the Czech Republic only for display, public presentation of the appearance, function, preparation, preservation, restoration or scientific examination, on the basis of the Ministry's approval.
(2) The Ministry issues an authorisation at the request of the owner of the collection. The application for authorisation shall be submitted by the holder of the collection on the prescribed form, a model of which is indicated in the implementing legislation.
(3) The Ministry will issue an authorisation only if the export or transfer does not jeopardise the physical nature of the collection or individual collection items, as appropriate, and if sufficient legal guarantees are provided for its return to the Czech Republic.
(4) In cases where applications for authorisation are accepted in full, the Ministry shall not issue a decision in writing, it shall only confirm the relevant sections of all parts of the form.
(5) The collection or individual collection items may be temporarily exported to a third country or moved from the territory of the Czech Republic only within a period of 1 year from the date of the decision of the Ministry to which the export or transfer was authorised or from the date of the confirmation referred to in paragraph 4, for the period specified in this Decision or on the form referred to in paragraph 4.
(6) The owner is obliged to send part after re-import C form to the Ministry no later than 15 days after the date of expiry of the authorisation and shall be required to provide proof to the Ministry, upon request, that the collected or individual items which have been re-transferred or transferred to the Czech Republic are the same as those which have been exported or moved from the territory of the Czech Republic on the basis of the authorisation, or to allow them to be examined.
(7) The rights and obligations set out in paragraphs 1 to 6 shall be exercised by the organisation which manages the collection and collection items for collections and collection items owned by the Czech Republic or the local authority.
(8) Authorisations thus granted do not replace authorisations under specific legislation.4)
Detention
(1) The customs office shall not release for the customs procedure of export or outward processing an article or group of articles which it suspects to be a collection or a single item of collection unless the exporter submits an authorisation issued in accordance with this Act. This article or group of articles shall be detained by the customs office in accordance with the law governing the Customs Administration of the Czech Republic. It shall inform the Ministry without delay of the detention and shall at the same time provide the information needed to assess whether the exported item is a collection or a single collection item that can only be exported with the prior permission of the Ministry.
(2) If the customs administration of the Czech Republic finds, in the exercise of its other competence, a fact suggesting that, in the context of the transfer of an article or a group of articles outside the Czech Republic, it may be a collection or a single collection item which is moved without authorisation, it shall retain it in accordance with the law governing the Customs Administration of the Czech Republic. He shall inform the Ministry of Detention without delay.
(3) The Ministry shall, within 15 working days of the date of submission of the information referred to in paragraph 1 or 2, communicate to the customs office whether the article or group of articles is a collection or a single collection item which may only be exported or moved with the prior authorisation of the Ministry and whether such authorisation has been issued.
Inventarisation of collections
(1) The compliance of the records of individual collection items with the actual situation is verified by inventory.
(2) The inventory of collections shall be compared with the relevant record in the collection register, the identification of the collection item according to the record, its condition, the need for preparation, preservation or restoration, the way in which it is stored and the environment in which the collection item is stored shall be checked.
(3) Inventory is carried out by an inventory committee comprising at least three persons appointed by the owner of the collection or in the event of emergency inventory by the Ministry. An inventory committee shall draw up an inventory report signed by its members and submit it to the collection owner without delay, in the event of an emergency inventory to the Ministry. The entry shall include the name, surname, function and signature of the persons who carried out the inventory and its date. If the difference between the actual situation and the record in the collection register is found, a record shall be included in the record indicating the differences identified, including their justification.
(4) If deficiencies have been identified during the inventory, the owner of the collection shall take measures to correct them or, in the event of an emergency inventory, the Ministry shall determine the measures to correct them.
(5) The inventory execution shall be recorded in the records, indicating the date of the inventory.
(6) The owner of the collection shall notify the Ministry of Inventory and its outcome and, where appropriate, the measures provided for in order to remedy the deficiencies identified.
(7) The inventory referred to in paragraphs 1 to 6 concerns collections and collection items entered in the central register. Paragraph 11 (7) applies mutatis mutandis to the inventory of collections and items owned by the Czech Republic or the local authority.
Control
(1) The Ministry shall check compliance with the obligations laid down in this Act.
(2) The competent customs office is also authorised to check the obligations laid down in Articles 11 and 11a.
(3) If the competent customs office finds that the collection or individual collection items have not been re-imported into the Czech Republic within the time limit laid down in the authorisation or that articles which are not the same as those which have been exported under the authorisation have been imported, it shall submit a proposal to the Ministry to initiate the procedure provided for in Article 14 (1) (d).
Transfers
(1) The owner of a collection or organisation which manages collections and items of collection which are owned by the Czech Republic or a local authority shall commit an offence by:
(a) infringes one of the obligations under Articles 7 (1) and (2), 9 (1) (f), (g), (k), (l) and (m) and 12 (6),
(b) infringes one of the obligations under Article 9 (1) (c), (d), (e), (h), (i), (j) and (n);
(c) infringes any of the obligations under Article 9 (1) (a) and (b); or
(d) infringes one of the obligations under Article 11 (1) and (6).
(2) The organisation of a State or a local authority designated by the Ministry pursuant to Paragraph 10 (1) shall commit an offence by violating one of the obligations under Paragraph 10 (1).
(3) A penalty may be imposed in respect of an offence:
(a) 20 000 CZK if the offence referred to in paragraph 2 is committed,
(b) 100 000 CZK if the offence referred to in paragraph 1 (a) is committed;
(c) 1 000 000 CZK if it is an offence referred to in paragraph 1 (b);
(d) CZK 2 000 000, if it is an offence referred to in paragraph 1 (c),
(e) 10 000 000 CZK if the offence referred to in paragraph 1 (d) applies.
(4) Where the offence referred to in paragraph 1 (b) has been committed repeatedly after the decision on the infringement has become final, the fine shall be imposed up to twice the upper limit of the rate referred to in paragraph 3 (c). 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 Ministry.
Common and transitional provisions
Relationship with specific legislation
(1) Decisions under this law shall be governed by the administrative rules, unless otherwise provided for in this law.
(2) If they are part of the collections of the archive, (2) the method of their registration, protection and treatment under the special legislation remains unaffected by this law.
(3) The Accounting Act does not apply to the inventory procedure under this Act.
(4) If they are part of collections of cultural monuments or national cultural monuments, the way in which they are protected and treated under special legislation shall not be affected by this law.
Authorisation provisions
The Ministry shall determine by decree the details of the permanent retention of collections, the keeping of collection records, the inventory inventory, the exclusion from collection records, the export of collections and the models of forms referred to in Sections 4 (1), 5 (1) and 11 (2).
Transitional provisions
(1) For organisations managing collections owned by the Czech Republic or a local authority on the date of entry into force of this Act, their current collection records are considered to be collection records under this Act. If their current collection records do not contain all the information provided for in Paragraph 9 (1) (d), these organisations shall complete the missing data no later than 1 year after the date of entry into force of this Act.
(2) The collection, which at the date of entry into force of this Act is owned by the State or a local authority, shall be entered in the central register at the request of the organisations managing the collections.
(3) The organisations referred to in paragraph 2 shall submit to the Ministry, upon completion of the obligation referred to in paragraph 1, a request for entry in the central register on the same form, the model of which is laid down for the applications referred to in paragraph 3 (2), within a period to be determined by the Ministry, but not later than 2 years after the date of application of this Act.
(4) The collections referred to in paragraph 2 shall be carried out in accordance with existing legislation until their entry in the central register.
Amendment of the Act on the sale and export of objects of cultural value
Paragraph 1 of Act No. 71 / 1994 Coll., on the sale and export of objects of cultural value, paragraph 2, including footnotes 1), 2) and 3) reads as follows:
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Regulation Information
| Citation | Act No. 122 / 2000 Coll., on the Protection of Collections of Museums and on the Change of Certain Other Laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.05.2000 |
|---|---|
| Effective from | 12.05.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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