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The Saeima 1 has adopted and
the President has proclaimed the following law:

Law on Transfer, Renovation, and Use of the Immovable Property at 4 Riharda Vāgnera Street, Riga, and Vaļņu Street, Riga

Section 1. The purpose of this Law is to promote the preservation of the immovable property at 4 Riharda Vāgnera Street, Riga, and to regulate the renovation and use thereof, taking into account that:

1) the immovable property is located in the historic centre of Riga which is included in the World Heritage List of the United Nations Educational, Scientific and Cultural Organization and is the territory and part of the urban planning monument of State significance "Historic Centre of the City of Riga" (State protection No. 7442) and the archaeological monument of State significance "Archaeological Complex of Old Riga" (State protection No. 2070);

2) the four-storey building is a part of the cultural monument of State significance "Complex of the Residential Building and Association "Musse"" which is included in the list of State protected cultural monuments with the State protection number 6574;

3) the history of the four-storey building is a part of the cultural and historical heritage of Latvia - the building housed the Riga City Theatre where composer Richard Wagner had worked as the chief conductor, the building has been continuously used as the Wagner Hall.

Section 2. The State transfers the State immovable property at 4 Riharda Vāgnera Street, Riga (immovable property cadastre No. 0100 002 0014) into the ownership of Riga Richard Wagner Society (unified registration No. 40008232307) without any consideration, the property consisting of the land unit in the area of 1564 square metres (cadastre designation 0100 002 0014), the structure (cadastre designation 0100 002 0014 001), and the structure (cadastre designation 0100 002 0014 002) together with the movable accessories of the immovable property (auxiliary properties), and State immovable property at Vaļņu Street, Riga - the land parcel in the area of 201 square metres (immovable property cadastre No. 0100 002 0008) (hereinafter together referred to as - the immovable property).

Section 3. (1) The State transfers the immovable property to the Riga Richard Wagner Society in order to ensure renovation of this immovable property as the cultural monument of State significance, further public accessibility and use thereof for the purposes of culture and education, including as the place for the occurrence of concerts, theatre performances, exhibitions, promoting the cultural values and educational events related thereto.

(2) The Riga Richard Wagner Society is responsible for the preservation, renovation, and use of the immovable property in accordance with the provisions of this Law, the law On Protection of Cultural Monuments, and other laws and regulations.

Section 4. (1) The Riga Richard Wagner Society is prohibited to alienate, pledge, or otherwise encumber the immovable property.

(2) The Riga Richard Wagner Society has the right to perform economic activity related to the maintenance or use of the immovable property without the nature of profit-making, and also to establish a commercial company for the organisation of renovation and maintenance works of the immovable property in which all the capital shares are owned by the Riga Richard Wagner Society. The income obtained as a result of economic activity of the society may be used only for the renovation, maintenance of the immovable property, for ensuring of the public accessibility and the use thereof for the purposes of culture and education.

(3) The Riga Richard Wagner Society shall develop the concept for the preservation, renovation, and development of the immovable property, including the cost-benefit analysis of the use of the immovable property.

(4) The Riga Richard Wagner Society shall coordinate the concept for the preservation, renovation, and development of the immovable property with the Ministry of Culture.

(5) The Riga Richard Wagner Society shall, once a year, submit a report on the public accessibility and use of the immovable property for the purposes laid down in Section 3, Paragraph one of this Law to the Ministry of Culture.

(6) The Riga Richard Wagner Society shall, in accordance with that laid down in Article 53(6) of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (Text with EEA relevance) (hereinafter - Regulation No 651/2014), ensure updating of the cost-benefit analysis coordinated with the Ministry of Culture at the end of the time period specified therein and repay such amount to the State budget which exceeds the difference between the costs relate to the renovation, maintenance, and development of the immovable property and profit of the main activity not exceeding the market price of the immovable property laid down in Section 7, Paragraph one of this Law.

Section 5. The State and local government have the right to participate in financing of the preservation and renovation of the immovable property in accordance with the procedures laid down in laws and regulations.

Section 6. (1) If the Riga Richard Wagner Society ceases to exist, the immovable property shall be under jurisdiction of the State represented by the Ministry of Finance.

(2) The immovable property shall be transferred to the State in any of the following cases:

1) if public accessibility and use of the immovable property for the purposes laid down in Section 3, Paragraph one of this Law are not ensured;

2) if preservation and renovation works of the immovable property are not commenced within three years from the time of signing the deed on transfer and acceptance of the immovable property referred to in Section 9 of this Law;

3) if within 10 years after transfer of the immovable property to the Riga Richard Wagner Society it is not preserved and renovated.

(3) If the immovable property is transferred to the State in any of the cases referred to in Paragraph two of this Section, the State shall not compensate the investments made in the immovable property by the Riga Richard Wagner Society.

Section 7. (1) When transferring the immovable property to the Riga Richard Wagner Society, the market price of the immovable property determined by an independent valuer and the provisions of Article 53 of Regulation No 651/2014 shall be taken into account.

(2) If the provisions of Article 53 of Regulation No 651/2014 are violated, the Riga Richard Wagner Society has the obligation to return the received aid for commercial activity in the amount of the market price of the immovable property determined by an independent valuer referred to in Paragraph one of this Section, and also interest from the amount of the granted aid which is published by the European Commission in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EU) 2015/1589 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (hereinafter - Regulation No 794/2004) by adding 100 base points to them from the day when the deed on transfer and acceptance of the immovable property referred to in Article 9 of this Law is signed until the day of recovery thereof, in conformity with the method for the application of interest rate laid down in Article 11 of Regulation No 794/2004.

Section 8. (1) The Riga Richard Wagner Society and the Ministry of Culture shall ensure storage of the documents related to the transfer of the immovable property for 10 years from the day of coming into force of this Law.

(2) The Ministry of Culture shall ensure compliance with the provisions of the legal framework for the aid for commercial activities and supervision in respect of the transfer of the immovable property to the Riga Richard Wagner Society.

(3) The Ministry of Culture shall, in accordance with Article 9(1) and (4) of Regulation No 651/2014, ensure publication of the information on the aid for commercial activity provided within the scope of this Law and provide summary information to the European Commission in accordance with Article 11 of Regulation No 651/2014.

Section 9. The Ministry of Finance shall transfer the immovable property to the Riga Richard Wagner Society by the deed on transfer and acceptance. The interior items present in the four-storey building which are transferred together with the immovable property shall be presented in the list of the property inventory which is appended to the deed on transfer and acceptance of the immovable property.

Section 10. The Riga Richard Wagner Society shall corroborate the immovable property in the Land Register on its name in accordance with the procedures laid down in the laws and regulations of immovable properties after signing the deed on transfer and acceptance referred to in Section 9 of this Law.

Transitional Provisions

1. The Riga Richard Wagner Society shall, not later than within one month after coming into force of this Law, develop the concept for the preservation, renovation, and development of the immovable property, including a cost-benefit analysis of the use of the immovable property, and submit it to the Ministry of Culture for coordination.

2. Valsts akciju sabiedrība "Valsts nekustamie īpašumi" [State stock company State Real Estate] shall, not later than within one month after coming into force of this Law, submit the calculation of the market value of the immovable property made by an independent valuer to the Ministry of Culture.

3. The Ministry of Culture shall, within three months after receipt of the concept for the preservation, renovation, and development of the immovable property and the calculation of the market value of the immovable property, assess whether transfer of the immovable property to the Riga Richard Wagner Society conforms to the provisions of Article 53 of Regulation No 651/2014 and Section 3 of this Law, and shall provide an opinion to the Ministry of Finance.

4. The Ministry of Finance shall, within one month after receipt of the opinion referred to in Paragraph 3 of these Transitional Provisions, transfer the immovable property to the Riga Richard Wagner Society.

The Law has been adopted by the Saeima on 17 September 2020.

President E. Levits

Rīga, 29 September 2020


1 The Parliament of the Republic of Latvia

Translation © 2021 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Nekustamā īpašuma Rīgā, Riharda Vāgnera ielā 4 un Rīgā, Vaļņu ielā nodošanas, atjaunošanas .. Status:
In force
in force
Issuer: Saeima Type: law Adoption: 17.09.2020.Entry into force: 13.10.2020.Theme: Immovable property, constructionPublication: Latvijas Vēstnesis, 188, 29.09.2020. OP number: 2020/188.1
Language:
LVEN
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