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Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

5 November 2013 [shall come into force from 8 November 2013];
6 October 2015 [shall come into force from 10 October 2015].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.

 

Republic of Latvia

Cabinet
Regulation No. 526
Adopted 16 September 2003

Procedures for Return of Unlawfully Removed Art and Antique Objects

Issued pursuant to
Section 18.2, Paragraph four of the law
On Protection of Cultural Monuments

I. General Provisions

1. This Regulation prescribes the procedures for the return of unlawfully removed art and antique objects (hereinafter - the unlawfully removed cultural objects) with respect to Latvia and European Union Member States, the European Economic Area states, and other countries with which Latvia has entered into an agreement for the return of unlawfully removed art and antique objects (hereinafter - the Member State).

2. The procedure for the return of unlawfully removed cultural objects shall be organised by the State Inspection for Heritage Protection (hereinafter - the Inspection) in co-operation with the Ministry of Culture, the National Archives of Latvia, the National Library of Latvia, and the State Police. The return procedure shall commence with negotiations of the return of the unlawfully removed cultural object and end with its physical return to the country from which the cultural object has been unlawfully removed and the return of which has been requested by the relevant country (hereinafter - the requesting country).

[5 November 2013]

2.1 The Internal Market Information System (hereinafter - the IMI system) shall be used for the exchange of information in accordance with the legal norms regarding protection of personal data and private life. The Inspection shall be determined as the responsible institution for the module of cultural objects. In addition to the IMI system, other means of communication may be used for the exchange of information.

[6 October 2015]

3. The Regulation shall apply to cultural objects which before or after the unlawful removal of the cultural object in the requesting country is under State protection as part of the cultural and historical heritage, including to art and antique objects.

[6 October 2015]

4. A cultural object shall be considered to have been unlawfully removed, if the laws and regulations regarding the removal of art and antique objects have been violated when removing it from the country, or if it has not been returned after the end of the period for lawful temporary removal.

II. Procedures by which Cultural Objects Unlawfully Removed from Another Country and Imported into Latvia are Sought and Returned

5. The Inspection shall commence the search for a cultural object unlawfully imported into Latvia, on the basis of an application registered in the IMI system.

[6 October 2015]

6. If the application of the competent authority of the requesting country does not provide the information necessary to commence the search for the unlawfully imported cultural object or the information is insufficient, the Inspection shall request additional information. The search shall be commenced after receipt of the relevant information.

7. After receipt of an application from the competent authority of the requesting country, the Inspection shall send the State Police an application for the commencement of a search for the cultural object, and also inform the relevant authority referred to in Paragraph 2 of this Regulation.

8. The State Police shall inform the Inspection of the results of the search for a cultural object, as well as, if the cultural object is found or there are reasonable grounds to believe that it has been unlawfully removed from the requesting country.

9. The Inspection shall send the requesting country a notification regarding the results of a search for a cultural object.

10. The Inspection in co-operation with the State Police and the relevant authority referred to in Paragraph 2 of this Regulation shall take the necessary interim measures for the preservation of the cultural object found, as well as, on the basis of a mutual agreement, prevent any action which impedes the procedures for return thereof.

11. Within six months from the day when the notification of the Inspection has been sent, the competent institutions of the requesting country may verify whether the object found is the sought cultural object. If the verification has not been performed within six months, the interim measures referred to in Paragraph 10 of this Regulation shall be terminated. The period for interim measures may be extended if the respective application has been received from the requesting country.

[6 October 2015]

12. If no agreement is reached on the return of a cultural object, the Inspection may act as an intermediary between the owner (possessor) and/or holder of the unlawfully removed cultural object and the requesting country in an extrajudicial examination process with regard to the return of the unlawfully removed cultural object, provided that written consent from the owner (possessor) and/or holder of the unlawfully removed cultural object and from the competent institution of the requesting country has been received.

13. Upon submitting a complaint in a Latvian court against the owner (possessor) of the cultural object or, in case there is no such owner (possessor), against the holder of the cultural object, the Inspection shall be informed thereof in writing, appending to the complaint:

13.1. a description of the relevant cultural object and documents certifying that it is a cultural object;

13.2. a declaration by the competent institutions of the requesting country that the cultural object has been unlawfully removed from the territory of the requesting country.

14. After information regarding the initiation of court proceedings against the owner (possessor) or holder of the cultural object has been received, the Inspection shall immediately inform thereof those authorities of other Member States which organise procedures for the return of unlawfully removed art and antique objects in the relevant countries.

15. The possessor in good faith of the cultural object, according to the court ruling, shall receive compensation (payment for losses) paid by the requesting country after the physical return of the cultural object. If the possessor has received an unlawfully removed cultural object as a donation or inheritance, he or she may not be in a more advantageous situation than the person from whom he or she has obtained the relevant object may.

III. Return of Cultural Objects Unlawfully Removed from Latvia

16. After receipt of information regarding the fact that a cultural object has been unlawfully removed from Latvia, the Inspection shall enter the necessary information in the register of stolen and lost art and antique objects, as well as, after co-ordination with the authority referred to in Paragraph 2 of this Regulation, send a written application to the country where the object unlawfully removed from Latvia is actually located or is thought to be located (hereinafter - the receiving country).

17. In the application, the Inspection shall specify the information necessary to commence the search for the unlawfully imported cultural object, its actual or presumed location, and other information facilitating the search.

18. On the basis of the application referred to in Paragraph 16 of this Regulation, the Inspection shall commence a search for the unlawfully removed cultural object in another country.

19. Within six months after receipt of the notification from the receiving country on finding the sought cultural object, the Inspection, in co-operation with the relevant authority referred to in Paragraph 2 of this Regulation, shall ascertain whether the object found is the cultural object sought.

[6 October 2015]

20. If the object found is the cultural object sought, after co-ordination with the relevant authority referred to in Paragraph 2 of this Regulation, the Inspection shall submit to the Ministry of Culture a proposal for the continuation of the return procedure of the unlawfully removed cultural object.

21. If an agreement on the return of the cultural object is not reached, the Ministry of Culture shall appoint the responsible authority which will represent Latvia in court proceedings, and also take the decision on the financial sources for the court proceedings.

22. The Inspection shall submit a complaint to the court of the receiving country against the owner (possessor) of the cultural object or, where there is no such owner (possessor), against the holder of the cultural object. The following shall be appended to the complaint:

22.1. the description of the relevant cultural object and documents certifying that it is a cultural object;

22.2. the declaration by the Inspection stating that the relevant cultural object has been unlawfully removed from Latvia.

23. After submission of the complaint to the court, the Inspection shall inform thereof the authority of the receiving country with which it had co-operated prior to the submission of the complaint.

24. If the court ruling of the receiving country provides for the return of the cultural object to Latvia, as well as payment of compensation (payment for losses) to the possessor in good faith, the Ministry of Culture shall cover the expenses related to the return of the unlawfully removed cultural object to Latvia - payment of compensation (payment for losses) to the possessor of the cultural object in another country, the expenses arising from the execution of the court ruling on the return of the cultural object, and the expenses related to the physical preservation thereof during the return process - only after the return of the unlawfully removed cultural object to Latvia.

25. If the owner of the cultural object unlawfully removed from Latvia is not the State, the person who has owned it shall cover the expenses related to the costs of the recovery of and compensation (payment for losses) for the relevant cultural object. The cultural object shall be returned to the person after he or she has paid all the abovementioned expenses.

25.1 Starting from 18 December 2015, the Inspection shall, once in five years, send a report to the Commission on application of 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 (Recast).

[6 October 2015]

Informative Reference to European Union Directives

[6 October 2015]

The Regulation contains legal norms arising from:

1) Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State;

2) Directive 96/100/EC of the European Parliament and of the Council of 17 February 1997 amending the Annex to Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State;

3) Directive 2001/38/EC of the European Parliament and of the Council of 5 June 2001 amending Council Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State;

4) 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 (Recast).

Prime Minister: E. Repše

Minister for Culture: I. Rībena

 

Annex
Cabinet Regulation No. 526
16 September 2003

Categories and Value of Cultural Objects

[6 October 2015]


Translation © 2019 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Nelikumīgi izvesto mākslas un antikvāro priekšmetu atdošanas kārtība Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 526Adoption: 16.09.2003.Entry into force: 20.09.2003.Publication: Latvijas Vēstnesis, 129, 19.09.2003.
Language:
LVEN
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79102
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