Decree of the Ministry of Culture No. 139 / 1999 Coll.
Decree of the Ministry of Culture amending Decree of the Ministry of Culture of the Czech Socialist Republic No. 66 / 1988 Coll., implementing the Act of the Czech National Council No. 20 / 1987 Coll., on State Heritage Care
Valid
Order
Effective from 01.10.1999
Text versions:
01.10.1999
13.07.1999
139
DECLARATION
Ministry of Culture
of 25 May 1999
amending Decree of the Ministry of Culture of the Czech Socialist Republic No. 66 / 1988 Coll., implementing the Act of the Czech National Council No. 20 / 1987 Coll., on State Heritage Care
In agreement with the Ministry of Finance, the Ministry of Culture provides, pursuant to § 45 (2) (b) of Act No. 20 / 1987 Coll., on State Monument Care, hereinafter referred to as "the Act":
Decree No. 66 / 1988 Coll., implementing Act No. 20 / 1987 Coll., on State Heritage Care, is amended as follows:
1.
(1) An application for a contribution to the conservation and restoration of cultural heritage (hereinafter referred to as "the contribution") under Paragraph 16 (1) of the Act is accompanied by:
(a) a document certifying ownership of the cultural monument; if the property is concerned, also an extract from the property register or a certified copy thereof, a copy of the image of the cadastral map, or a geometrical plan, which is not more than six months old,
(b) a binding opinion issued pursuant to Article 14 (1) of the Act, provided that it has been issued by a State Monument Care Body other than that to which a request for contribution is submitted;
(c) the specification of the type, scope, manner, date of implementation and the price agreed or estimated for the renewal of the cultural monument, including the specification of the works to which the application for a contribution relates;
(d) the intention to present a cultural monument made available to the public for cultural educational purposes, in so far as it is a cultural monument used in this way or intended for such use;
(e) if it is a movable cultural monument, a specification of how it is protected against damage, destruction or theft;
(f) the photographic documentation of the current technical state of the cultural monument or parts thereof, depending on the type and extent of the work to which the application for contribution relates.
(2) In the case of the grant of a contribution to the owner of a cultural monument which cannot, by its own resources, bear the costs of preserving or restoring cultural monuments, the application for a contribution under Article 16 (1) of the Act shall also be accompanied by:
(a) if it is a cultural monument, evidence of income arising from such property in the last three years or, where applicable, of commitments relating thereto;
(b) a notarized affidavit by the owner or owners of a cultural monument of their income and, where appropriate, of economic results over the last three years and of their property situation on the date on which the application for a contribution is submitted. "
2.
(1) In particular, a case where, at the request of the district office, the owner of a cultural monument can contribute to the increased costs associated with the preservation or restoration of a cultural monument shall be considered to be such as to:
(a) it is in poor technical condition if it has not been caused by the owner of the cultural monument;
(b) is used and made available or made available to the public for cultural or religious purposes;
(c) is situated in a position of view; or
d) is a unique cultural monument of its kind located in the district district district district.
(2) A case in which the owner of a cultural monument is unable to pay out of his own resources the costs associated with the preservation or restoration of a cultural monument shall be deemed to be such where the income and economic results of the owner of the cultural monument over the last three years have been less than half of the costs needed to preserve or restore the cultural monument in the relevant calendar year. ';
3. Article 13, including footnotes 13), 14) and 15) shall read as follows:
(1) The application for the renewal of a cultural monument provided for in Article 16 (2) of the Act is accompanied by the documents provided for in Article 11 (1) and by a written statement on the importance and urgency of the restoration of the cultural monument processed by the regional or, where appropriate, the central organisation of the state conservation care.
(2) A cultural monument in which the Ministry of Culture can contribute to the restoration of the cultural monument is considered to be of particular social interest
(a) is declared a national cultural monument;
b) is registered on the World Heritage List or forms part of a collection of cultural monuments and their preserved historical environment, which is registered on the World Heritage List, 13)
(c) it is in a state of emergency if it was not caused by the owner of the cultural monument;
(d) is made available or made available to the public for cultural educational or religious purposes;
(e) constitute a significant dominant position of the municipality or city or part of the landscape, where appropriate;
f) is a unique cultural monument of its kind in the Czech Republic; or
(g) it is included in the specialized programmes of the Ministry of Culture on the section of state conservation. 14)
(3) For the renewal of national cultural monuments, cultural monuments registered in the World Heritage List or forming part of a collection of cultural monuments and their preserved historical environment, which is registered in the World Heritage List, and for the renewal (restoration) of cultural monuments which are parts of art or artisanal works, a contribution may be granted up to the total cost of renewal in the current calendar year, the amount of deduction which may be applied by the beneficiary in accordance with the specific legislation may not be included in the total cost. 15)
13) Convention on the Protection of World Cultural and Natural Heritage, published in the Collection of Laws under No. 159 / 1991 Coll.
14) For example, the urban conservation programme and urban conservation zones according to the Government Resolution of 25 March 1992 No 209, the programme for the conservation of architectural heritage according to the Government Resolution of 22 February 1995 No 110 or the programme for the restoration of movable cultural monuments according to the Government Resolution of 16 July 1997 No 426.
15) Act No. 588 / 1992 Coll., on Value Added Tax, as amended by Act No. 196 / 1993 Coll., Act No. 321 / 1993 Coll., Act No. 42 / 1994 Coll., Act No. 136 / 1994 Coll., Act No. 258 / 1994 Coll., Act No. 133 / 1995 Coll., Act No. 151 / 1997 Coll. and Act No. 208 / 1997 Coll. '
(4) Paragraph 14, including footnote 16, reads as follows:
(1) The allowance is granted to the owner of the cultural monument.
(2) The decision granting the allowance shall determine the conditions under which the contribution is granted in accordance with the specific legislation16).
(3) The district office or the Ministry of Culture shall reimburse the owner of the cultural monument a contribution or part thereof only after an invoice has been presented for the work carried out or on the basis of an expert opinion from the expert on the price of the works carried out, unless it is established in the decision granting the contribution that the contribution shall be paid to the applicant taking into account his financial possibilities in advance. The expert shall designate the authority which has decided to grant the contribution.
(4) The owner of a cultural monument, if he does not fulfil the conditions laid down, is obliged to repay the contribution paid in advance to the granting authority.
(5) The granting of the contribution in the current calendar year shall not give rise to the right of the owner of the cultural monument to the contribution in subsequent years.
16) For example, Act No. 576 / 1990 Coll., on Rules of Management of Budget Resources of the Czech Republic and Municipality in the Czech Republic (Budget Rules of the Republic), as amended by Act No. 579 / 1991 Coll., Act No. 166 / 1992 Coll., Act No. 321 / 1992 Coll., Act No. 10 / 1993 Coll., Act No. 189 / 1993 Coll., Act No. 57 / 1995 Coll., Act No. 154 / 1995 Coll., Act No. 160 / 1995 Coll., and Act No. 160 / 1997 Coll., Act No. 199 / 1994 Coll., Act No. 199 / 1994 Coll., as amended by Act No. 148 / 1996 Coll. '.
5.
(1) In the event of failure to draw or save a pre-paid contribution or part thereof, the owner of the cultural monument shall be obliged to repay the corresponding financial amount to the granting authority.
(2) Where work on the renewal of a cultural monument supported by several financial resources, one of which is a contribution, is not carried out at the level of the costs foreseen for the current calendar year or at the level of the contractual costs agreed for the same year with the contractor of the work, the saving shall be deemed to have resulted from the contribution. ';
6. Article 16 shall be deleted;
The procedure for granting the contribution to the conservation and restoration of cultural heritage initiated before the Decree is effective shall be completed in accordance with the present version of the Order.
This decree shall take effect on 1 October 1999.
Minister:
Retired v. r.
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Regulation Information
| Citation | Decree of the Ministry of Culture No. 139 / 1999 Coll., amending Decree of the Ministry of Culture of the Czech Socialist Republic No. 66 / 1988 Coll., implementing Act of the Czech National Council No. 20 / 1987 Coll., on State Monument Care |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.07.1999 |
|---|---|
| Effective from | 01.10.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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