Act No 358 / 2015 Coll.
Act amending Act No. 101 / 2001 Coll., on the Return of Illegal Exported Cultural Goods, as amended
Valid
Law
Effective from 21.12.2015
Text versions:
21.12.2015
358
THE LAW
of 2 December 2015
amending Act No. 101 / 2001 Coll., on the Return of Illegal Exported Cultural Goods, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 101 / 2001 Coll., on the return of illegally exported cultural goods, as amended by Act No. 180 / 2003 Coll. and Act No. 281 / 2009 Coll., is amended as follows:
1. In Article 1, the words "laid down in accordance with the law of the European Communities (1) 'are replaced by the words" incorporating the relevant provisions of the European Union (1) and amended'.
Footnote 1:
"(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. ';
2. in Article 2 (1) (a):
"(a) is part of the national cultural treasure of the Czech Republic, or"
footnote 2 is deleted.
3. In Paragraph 2 (4), the words "Regulation of the European Communities, 7) 'are replaced by the words" directly applicable European Union Regulation (7)';
footnote 7:
"(7) Council Regulation (EC) No 116 / 2009 of 18 December 2008 on the export of cultural goods."
4. In Article 3 (2), the words "through the Internal Market Information System 10 'shall be inserted after the words" States' and the words "3 years' shall be replaced by the words" 5 years'.
Footnote 10:
"(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).";
5. in Articles 4 (3) and 13 (2), the words "2 months" shall be replaced by the words "6 months."
6. In Article 5 (2), the words "No 2 'are deleted.
7. At the end of Article 10, the words "in particular through the Internal Market Information System 'shall be added.
8. In Section 11, "1 year 'is replaced by" 3 years';
9. In Paragraph 12 (2), the words "administered a cultural good with due care 'are replaced by the words" proves that it has taken the necessary care to acquire the cultural property'.
10. In Article 12, the following paragraph 3 is inserted after paragraph 2:
"(3) When proving whether the owner or holder has incurred the necessary care in 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 permit required under the law 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. ';
Paragraph 3 shall become paragraph 4.
11. Annex No 1 is deleted and Annex No 2 is renumbered "Annex to Act No. 101 / 2001 Coll."
Transitional provision
Proceedings for the return of illegally exported cultural goods which were not definitively terminated before the date of entry into force of this Act shall be completed in accordance with Act No. 101 / 2001 Coll., as effective before the date of entry into force of this Act.
Efficacy
This Act shall take effect on the day of its publication.
z. Jerman v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 358 / 2015 Coll., amending Act No. 101 / 2001 Coll., on the Return of Illegal Exported Cultural Goods, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.12.2015 |
|---|---|
| Effective from | 21.12.2015 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Culture
Administrative law
The regulation text is for informational purposes only.
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