The Parliament has passed the following Act of the Czech Republic: PART ONE PROTECTION OF COLLECTIONS OF MUSEUM CHARACTER. Scope of application

Transcription

1 ACT No. 122/2000 Coll. of April 7, 2000 on the Protection of Collections of Museum Character and the Amendment of Certain Other Laws The Parliament has passed the following Act of the Czech Republic: PART ONE PROTECTION OF COLLECTIONS OF MUSEUM CHARACTER 1 Scope of application This law lays down conditions for the protection of collections preserved for the most part in museums and galleries, it stipulates conditions and manner of keeping records of the collections of museum character, rights and responsibilities of the owners thereof, as well as sanctions for breach of the stipulated duties. 2 Definition of basic terms (1) A collection of museum character is a collection which, in its entirety, is significant for prehistory, history, art, literature, technology, natural or social sciences; it consists of collection items accumulated by human activity (henceforth only collection ). (2) A collection item as defined in section 1 is a movable or immovable object or a set of such objects which is either a product of nature, or a human creation. Central records of collections 3 (1) The Ministry of Culture (henceforth only Ministry ) maintains central records of collections (henceforth only central records ). (2) In the central records, the Ministry shall register the collections owned by the Czech Republic or by a territorial self-administration unit. Collections belonging to other owners may be registered in the central records on the basis of a decision issued by the Ministry upon the application of the owner. (3) The Ministry shall register in the central records only the collections permanently located in the territory of the Czech Republic, and consisting of at least five collection items. (4) The central records are a publicly accessible information system. The information about the owner and the location of the collection in cases where the owner is other than the Czech Republic or a territorial self-administration unit may be communicated to the interested party only with the approval of the owner of the collection. 4

2 (1) The application of the owner, referred to in 3, section 2, second sentence, shall be submitted to the Ministry on an application form whose model copy is included in the implementing legal regulation. (2) The Ministry may call upon the owner of the collection to remove the deficiencies of the application, to provide the Ministry with additional information necessary for the consideration of the application, or to provide a more detailed explanation to the information stated in the application; in its summons the Ministry shall set the time period within which the deficiencies must be removed; the time period may not be shorter than 15 days from the day of service of the summons. (3) If the collection passes into the ownership of the Czech Republic or a territorial selfadministration unit, the provisions of the sections 1 and 2 apply to the organisations of the state or of a territorial self-administration unit, which are responsible for the management of the collections, together with the obligation to submit to the Ministry, without unnecessary delay, the application for registration in the central records. 5 (1) If the set of objects identified in the application meets the criteria defining a collection, as provided for in 2, section 1, the Ministry shall register the collection in the central records. For the consideration of the abovementioned set of objects, the Ministry shall require the opinion of the Council for the Central Collection Records (henceforth only Council ) which shall be established and whose statutes and rules of procedure shall be published by the Ministry. The certificate of registration shall be issued by the Ministry on a form whose model copy is included in the implementing legal regulation. (2) In case that the set of objects identified in the application does not meet the criteria defining a collection, as referred to in 2, section 1, the Ministry shall dismiss the application. (3) In case that the applicant does not comply with the requirements stated in the summons of the Ministry under 4 section 2, the Ministry shall terminate the proceedings concerning the application. (4) Against the decisions adopted in accordance with sections 2 and 3, no legal remedy is admitted in the administrative procedure. (1) The data registered in the central records include the following: a) name of the collection, 6 b) description of the collection, including its characterisation, information on the field which it documents, designation of the location from which the collection items are being predominantly acquired, the time period which the collection predominantly documents, and the enumeration of characteristic types of collection items, c) list of collection items or of registration numbers of individual collection items which make up the collection on the day of its registration in the central records, d) location of the collection, e) owner of the collection, that is, the Czech Republic or the respective territorial self-administration unit, or the name, surname and permanent residence of the respective physical person, and in case that he or she is a citizen of the Czech Republic, also his or her identification number, or the name,

3 registered office and identification number of the respective legal entity. The last category applies also to the organisational part of an enterprise located in the territory of the Czech Republic, and belonging to a legal person whose registered office is located outside the territory of the Czech Republic, f) person or organisation responsible for the management of the collection if the collection is owned by the Czech Republic or a territorial self-administration unit, or if the management of the collection is entrusted to a natural or legal person on the basis of an agreement with the owner; the person or organisation responsible for the management of the collection shall be identified by the same type of data as is provided for in letter e), g) registration number of the collection assigned to it by the Ministry, h) date of registration of the collection in the central records. (2) If the collection includes also archives, 1 this fact shall be marked in the central records. (3) From the day of submission of the application until the day of service of the registration certificate, or until the day of service of the decision by which the application is rejected or by which the proceedings are terminated, the owner of the collection who applied for registration in the central records may not perform such acts as could result in the change of data specified in section 1, letters a) to d). 7 (1) If the registration data specified in 6, section 1, letters a), b), d), e) and f) change, the owner of the collection is obliged to submit to the Ministry within 15 days of the day on which the change took effect a written proposal for an amendment of the entry in the central records. (2) If the change affects the data specified in 6, section 1, letter c), the owner of the collection is obliged to submit to the Ministry, before the change is made, a written proposal for an amendment of the entry in the central records. In such a case the Ministry shall judge the completeness and correctness of the data recorded on the list of collection items, or the sufficiency of reasons justifying the removal of a collection item from the list. (3) In cases provided for in sections 1 and 2, the provisions of 4, section 3 and 6, section 3 apply analogically. (4) In cases provided for in section 1, the Ministry shall record the change in the central records within 15 days of the day of service of the amendment proposal, and in cases provided for in section 2 within 30 days of the day of service of the amendment proposal. Within the same time limits, the Ministry shall notify the owner of the recording of the change. In the reverse case the Ministry shall issue a decision by which the proposal is dismissed; the provisions of 5, section 4 apply analogically. (5) If the collection is owned by the Czech Republic or by a territorial self-administration unit, the provisions of sections 1 to 4 apply analogically to the organisations of the state or of the respective territorial self-administration unit, which are responsible for the management of the collection. 8 (1) The Ministry shall cancel the registration of the collection in the central records of its own accord or at the instance of other party: 1 2 of the Act No. 97/1974 Coll., on Archive Administration, as amended by Act No. 343/1992 Coll.

4 a) if the collection no longer meets the criteria defining a collection of museum character, as specified in 2, section 1; prior to its decision, the Ministry shall require the opinion of the Council, b) if the collection or individual collection items had been physically destroyed to such extent that the collection in its entirety ceased to be significant for prehistory, history, art, literature, technology, natural or social sciences, or c) if the collection becomes part of another collection. (2) The Ministry by its decision shall cancel the registration of the collection in the central records also in those cases where, if the conditions specified in section 1 are not met, the owner of the collection applies for the cancellation of the registration of his or her own accord; this right does not apply to the state or a territorial self-administration unit in their capacity as owners. (3) In its decision under section 2, the Ministry shall set a date on which the cancellation of the registration in the central records becomes effective. The Ministry shall cancel the registration in the central records on the date stated by the owner of the collection in his proposal for cancellation, or within the time limit agreed upon in accordance with 10, section 4 of this Act. (4) In cases provided for in sections 1 and 2, the provisions of 4, section 3 and 6, section 3 apply analogically. Protection of collections (1) The owner of the collection registered in the central records is obliged to: a) ensure the protection of the collection from theft and burglary; 9 b) ensure the protection of the collection from damage, especially from damage caused by unfavourable effects of the environment; c) ensure the conservation and restoration of the collection, if such treatment is necessary for the permanent preservation thereof; d) keep records of the collection, which shall include the following: 1. name and short description of the individual collection items, possibly also with the identification of the material from which they are manufactured, the size, weight, time of origin, date of acquisition, identification of the author or manufacturer and other identification data, 2. identification of the territory from which the collection items were acquired, if known, 3. manner and circumstances of acquisition of each collection item (e.g. collection, donation, inheritance, purchase), 4. physical condition of the collection items, 5. registration number of each collection item, 6. identification of archives, 1) if they form part of the collection; e) preserve the collection in its entirety, as it was registered in the central records, with the exception of collection items that have been removed from the collection, and the collection items that have been newly included therein in accordance with the conditions stipulated by this Act;

5 f) ensure public access to the collection or to individual collection items for educational and scientific purposes by exhibition thereof, or by lending of the collection to other parties for temporary exhibition in the Czech Republic or abroad, with the exception provided for in section 4; g) determine the principles of treatment of the collection or of individual collection items, and monitor the observance thereof; h) carry out extraordinary inventory of the collection or a designated part thereof on the basis of a decision by the Ministry; i) carry out annual inventory of the collections or designated parts thereof, with the exception of the collection or a part thereof, in which the extraordinary inventory was carried out in the previous year; j) remove collection items from the collection for reasons of their unusability, redundancy, or loss, or for purposes of exchange, and ensure the conformity of the data in the collection records with the actual state of affairs, and with the data in the central records; k) enable an employee of the Ministry to carry out compliance control with regard to the provisions of this Act; l) tolerate the designation of the building in which the collection is located by the prescribed international sign, already in the time of peace to ensure the protection of the collection in the case of armed conflict; m) in case that the ownership to the collection is transferred, notify the acquirer of the fact that the collection is registered in the central records; n) notify the Ministry of the destruction or theft of the collection or individual collection items within 30 days of the day on which he or she learned of such destruction or theft, and provide the Police of the Czech Republic with the records data, and possibly visual representations of the stolen collection items. (2) No collection registered in the central records, or individual collection items forming part thereof may be put into pledge, or encumbered with any other easements. Any act violating this prohibition shall be automatically considered void. (3) The obligations provided for in section 1 shall be performed by the organisations of the state or of a territorial self-administration unit, which are responsible for the management of the collections owned by the Czech Republic or by a territorial self-administration unit. items (4) The obligation provided for in section 1, letter f) does not apply to collections or collection a) which are temporarily stored in a space where they cannot be manipulated with without risk to their safety or physical condition; b) whose condition or character does not allow to make them publicly accessible without endangering their physical substance; c) which are being conserved or restored. (5) A collection item is unusable under section 1, letter j) if it is irreparably damaged or if its useful life has come to an end. A collection item is redundant under section 1, letter j) if it does not correspond to the character of the collection and increase its value.

6 10 (1) The owner of the collection registered in the central records is entitled to a) expert assistance which shall be provided free of charge by the organisations of the state or of a territorial self-administration unit, designated by the Ministry, b) services which shall be provided to him against payment by the organisations of the state or of a territorial self-administration unit, designated by the Ministry. (2) The expert assistance under section 1, letter a) includes expert identification of collection items and classification thereof, expert determination of suitable conditions and manner of storage, preservation, or exhibition of the collections and collection items, as well as determination of suitable conditions of the environment in which the collections or collection items should be preserved, inspection of the collections as regards the need for conservation or restoration treatment, consultancy services concerning record-keeping, inventory-taking, or the export of collection items abroad. The services specified in section 1, letter b) include conservation and restoration. (3) The owner of the collection registered in the central records may be provided with purpose-bound contributions from public funds, designed for a) the furnishing of buildings in which the collections are located with security and fire prevention systems, b) the conservation and restoration of collection items, c) the establishment of a registry of endangered collection items and other registries which would moderate the consequences of thefts, and serve as operational files on collection items, d) the mounting of expositions and exhibitions, e) the provision of public access to expositions and exhibitions for persons with limited motoric and orientation ability, or f) the implementation of measures which ensue from international contractual obligations concerning protection, preservation and presentation of collections. (4) The contribution under section 3 may be granted on condition that, within a specified time period, the owner does not submit a proposal for cancellation of the registration in the central records. If the owner submits such a proposal before the end of the above mentioned period, he or she is obliged to return to the body which granted the contribution a proportionate amount of the total sum thereof. (5) The Czech Republic and territorial self-administration units shall ensure the performance of owner obligations stipulated by this Act as regards collections and collection items in their ownership and are responsible for the enlargement of the collections. The collections shall be concentrated primarily in the museums and galleries established by the state or by a territorial selfadministration unit. (6) A museum acquires, accumulates, permanently preserves, keeps records of, and provides expert treatment of products of nature or human creations, it ensures public utilisation thereof, studies the environment from which the products of nature or human creations are acquired and provides educational services for scientific and study purposes. A gallery is a museum which specialises in visual arts collections.

7 11 Export of collections abroad (1) A collection or individual collection items registered in the central records may be exported from the territory of the Czech Republic only for purposes of exhibition, conservation or restoration, or scientific study, and only for a limited period of time on the basis of a permit granted by the Ministry. (2) The Ministry grants the permit on the basis of an application submitted by the owner of the collection. The application must be submitted on a special application form whose model copy is included in the implementing legal regulation. (3) The Ministry shall grant the permit only if the export does not endanger the physical substance of the collection or of individual collection items, and if sufficient legal warranties are provided for the return thereof to the Czech Republic. (4) In cases where the Ministry grants the application for export permit without any reservations, it does not issue a separate decision, but only adds its endorsement to the corresponding columns of all parts of the application form. (5) The collection or individual collection items may be temporarily exported outside the territory of the Czech Republic only within 1 year of the day on which the Ministry granted the export permit, and only for a time period specified therein. (6) The customs office shall mark its endorsement in part C of the application form upon both the export and re-import of the collection or individual collection items. When re-importing the collection or individual collection items, the owner is obliged to send part C of the form to the Ministry within 15 days of the day on which the permit expired, and, upon request made by the Ministry, prove within the time period specified thereby that the imported collection or individual collection items are identical with those that were exported on the basis of the permit, and, if necessary, facilitate the examination thereof. (7) As regards collections and collection items owned by the Czech Republic or by a territorial self-administration unit, the rights and responsibilities stipulated in sections 1 to 6 shall be exercised by the organisations responsible for the management of the collections and collection items. (8) The permits granted in accordance with the above provisions do not substitute permits required by special legal regulations. 2) 12 Inventory (1) The correspondence of the records concerning individual collection items with the actual state of affairs is controlled by means of an inventory. 2) E.g. Act No. 114/1992 Coll. on the Protection of Nature and Landscape, as amended, Act No. 16/1997 Coll. on the Conditions of Import and Export of Endangered Species of Wild Animals and Plants, on Other Measures Designed to Protect the Abovementioned Species, and on the Amendment of the Act No. 114/1992 Coll. on the Protection of Nature and Landscape, as amended, Act No.13/1993 Coll., the Customs Act, as amended, Act No. 97/1974 Coll., as amended.

8 (2) During the inventory, the collectible is compared with the entry in the collection records, it is identified on the basis of the recorded data, the competent authority establishes its condition, determines whether there is a need for conservation or restoration of the collectible, examines the manner of its storage, and inspects the environment in which the collectible is being stored. (3) The inventory is carried out by an inventory commission which consists of at least three persons appointed by the owner of the collection or, in the case of an extraordinary inventory, by the Ministry. The result of the inventory shall be recorded by the inventory commission in an inventory report which shall be signed by the members of the commission, and without delay submitted to the owner of the collection, or, in the case of an extraordinary inventory, to the Ministry. The report includes the name, surname, office, and signature of each of the persons who carried out the inventory, and the date of the inventory. If the actual state of affairs does not fully correspond with the recorded data, the report shall include also a protocol in which the established differences shall be listed and justified. (4) If shortages are uncovered during the inventory, the owner shall take measures to remedy the situation, or, in the case of an extraordinary inventory, the remedial measures shall be determined by the Ministry. (5) The taking of inventory is recorded in the collection records book together with the date on which the inventory was carried out. (6) The owner of the collection is obliged to notify the Ministry of the inventory and the result thereof, including measures taken to remedy the situation in cases where shortages have been uncovered. (7) The inventory, as refereed to in sections 1 to 6, applies to collections and collection items registered in the central records. During the inventory of collections and collection items owned by the Czech Republic or by a territorial self-administration unit, the provisions of 11, section 7 apply analogically. 13 Control The control of the performance of obligations stipulated by this Act shall be carried out by the Ministry. 14 Penalties for the breach of law (1) The Ministry may penalise the owner of the collection a) for the breach of obligations stipulated in 7 section 1, in 9 section 1, letters f), g), k), l), and m), and in 12, section 6 by a fine not exceeding CZK , b) for the breach of obligations stipulated in 9, section 1, letters c), d), e), h), i), j), and n) by a fine not exceeding CZK , c) for the breach of obligations stipulated in 9, section 1, letters a), and b) by a fine not exceeding CZK ,

9 d) for the breach of obligations stipulated in 11, sections 1 and 6 by a fine not exceeding CZK (2) For a repeated breach of obligations stipulated in 9, section 1, letters c), d), e), h), i), j), and n), the Ministry may penalise the owner of the collection by a maximum fine of CZK The breach of obligations stipulated in 9, section 1, letters c), d), e), h), i), j), and n) is considered repeated if the owner of the collection committed it within one year of the day on which the decision imposing a fine on the owner came into force. (3) The fines referred to in sections 1 and 2 may be imposed also on any organisation responsible for the management of collections and collection items owned by the Czech Republic or by a territorial self-administration unit. (4) For the breach of obligations stipulated in 10, section 1, the Ministry may penalise the organisation of the state or of a territorial self-administration unit identified by the Ministry in accordance with 10, section 1 by a fine not exceeding CZK (5) In determining the amount of the fine, the Ministry shall take into account the gravity of the malfeasance and the damage inflicted thereby. (6) The fine may be imposed within 1 year of the day on which the Ministry learned about the breach of the obligation, but at the latest within three years of the day on which the breach was committed. (7) The fines are collected and exacted by the Ministry in accordance with the Act on the Administration of Taxes and Duties. (8) The fines form part of the revenue of the state budget. Common and transitional provisions 15 Relation to special legal regulations (1) The decision-making procedure concerning decisions adopted under this Act shall be governed by the Act on Administrative Procedure, except as otherwise provided for herein. (2) In cases where collections consist also of archives, 1) the manner of registering, protection and treatment thereof, stipulated by a special legal regulation, shall not be subject to the provisions of this Act. (3) The inventory procedure under this Act shall not be subject to the provisions of the Accounting Act. (4) In cases where a collection consists also of properties registered as Cultural Monuments and National Cultural Monuments, the manner of protection and treatment thereof, stipulated by a special legal regulation, shall not be subject to the provisions of this Act. 16 Delegation of competencies

10 Details concerning permanent preservation of collections, the keeping of collection records, inventory-taking, removal of items from collection records, export of collections, and application forms referred to in 4, section 1, 5, section 1, and 11, section 2 shall by specified in an order issued by the Ministry. 17 Transitional provisions (1) As regards organisations which, on the day of the coming into force of this Act, are responsible for the management of collections owned by the Czech Republic or by a territorial selfadministration unit, the existing collection records pertaining thereto shall be looked upon as collection records referred to herein. If the existing collection records do not include all information specified in 9, section 1, letter d), the above mentioned organisations shall fill in the missing data within 1 year of the day on which this Act comes into force. (2) As regards collections which, on the date of the coming into force of this Act, are owned by the state or by a territorial self-administration unit, the Ministry shall register them in the central records on the basis of an application submitted by organisations responsible for the management of the collections. (3) After the performance of the obligation stipulated in section 1, the organisations referred to in section 2 shall submit to the Ministry an application for registration in the central records. The application shall be submitted on an application form designed for applications referred to in 3, section 2, and within the time period set by the Ministry, but at the latest within 2 years of the coming into force of this Act. (4) As regards collections referred to in section 2, until they are registered in the central records, they shall be subject to existing laws and regulations. PART TWO Amendment of the Act on the Sale and Export of Objects of Cultural Value 18 Section 2 of 1 of the Act No. 71/1994 Coll. on the Sale and Export of Objects of Cultural Value, including footnotes no. 1), 2), and 3) is hereby changed and shall have the following wording: (2) This Act does not apply to cultural monuments and national cultural monuments, 1) to collections of museum character, 2) collection items, 2) archives, 3) and originals of works of visual arts by living authors. 1) Act No. 20/1987 Coll. on State Care of Monuments, as amended. 2) Act No. 122/2000 Coll. on the Protection of Collections of Museum Character and on the Amendment of Certain Other Laws. 3) Act No. 97/1974 Coll. on Archives Management, as amended.

11 PART THREE Amendment of the Act on State Care of Monuments 19 Section 6 of 42 of the Act No. 20/1987 on State Care of Monuments is hereby repealed. PART FOUR Amendment of the Small Business Act 20 Letter aa) in section 3 of 3 of the Act No. 455/1991 Coll. on Small Businesses, as amended by the Act No. 356/1999 Coll., including footnote no. 23h) is hereby changed and shall have the following wording: aa) activity of organizations established under special legal regulations, 23h) which is carried out in keeping with the purpose for which the organizations were established, 23h) E.g. 31 of the Act No. 576/1990 Coll. on the Rules Governing Management of Budgetary Funds of the Czech Republic (State Budgetary Rules), as amended.. PART FIVE QUASHING PROVISIONS 21 The Act No. 54/1959 Coll. on Museums and Galleries is hereby repealed. PART SIX OPERATION OF THE LAW 22 This Act comes into force on the day of its publication. Klaus Havel Zeman