Law Information System CIELA

LAW ON CULTURAL MONUMENTS AND MUSEUMS

Prom. SG. 29/11 Apr 1969, amend. SG. 29/10 Apr 1973, amend. SG. 36/8 May 1979, amend. SG. 87/11 Nov 1980, amend. SG. 102/29 Dec 1981, amend. SG. 45/8 Jun 1984, amend. SG. 45/13 Jun 1989, amend. SG. 10/2 Feb 1990, amend. SG. 14/16 Feb 1990, amend. SG. 112/27 Dec 1995, amend. SG. 31/12 Apr 1996, amend. SG. 44/21 May 1996, amend. SG. 117/10 Dec 1997, amend. SG. 153/23 Dec 1998, amend. SG. 50/1 Jun 1999, amend. SG. 55/25 Jun 2004, amend. SG. 28/1 Apr 2005, amend. SG. 94/25 Nov 2005, amend. SG. 21/10 Mar 2006, amend. SG. 30/11 Apr 2006

Chapter one.

BLANKET REGULATION

Art. 1. (amend. SG 112/95) This act provides the museums development, exploration, educating, protection and popularization of cultural monuments, which are taken place in Republic of Bulgaria which purpose is to help people` s education in patriotically spirit and to treat the common inheritance.

Art. 2. (amend. SG 112/95) Cultural monuments are under state protection and are public property. The property over them could be state, municipal or to physical or juridical persons.

Chapter two.

CULTURAL MONUMENTS

Art. 3. (amend. SG 55/04) Cultural monument shall be each immovable and movable authentic material evidence of human presence and activity and for the processes in nature, which has scientific and/or cultural value and has public importance.

Art. 4. (amend. SG 14/90, SG 112/95, amend. SG 28/05, amend. SG 94/05, amend. - SG 21/06) By proposal of National Institute for cultural monuments and after getting mayor` s opinion where is situated the monument, Ministry of Culture announces the cultural monuments.

Populated places, cultural monuments and complexes with historical, archeologically, architectural, ethnographic and museum meaning are announced for reserves by Council of Ministers with proposal of Minister of Culture and Minister of regional development and public works.

Ministry of Culture exercises control over the reserves. All project- buildings, concourse programs, project for new constructions and repairs, building licenses and others are given in accordance with National Institute for cultural monuments

(new – SG 29/73, amend. SG 87/80, amend. SG 45/89, amend. SG 10/90, amend. - SG 21/06) National Institute for cultural monuments in accordance with Ministry of regional development and public works could make general and detailed city- plans for populated places with historical, archeologically, architectural, ethnographic and museum meaning or for apart of such places.

(prev. paragraph 4, amend. SG 29/73, amend. SG 45/89, amend. SG 10/90, amend. SG 28/05, amend. SG 94/05, amend. - SG 21/06) For places, pointed in paragraph 2, with exclusively meaning for the country, Minister of Culture and Minister of regional development and public works could issue an obligatory regulation for state bodies, natural and legal persons.

Chapter three.

DIRECTING AND CONTROL OVER DISCOVERY, EXPLORATION AND PROTECTION OF CULTURAL MONUMENTS

Art. 5. (amend. SG 112/95, amend. SG 28/05, amend. SG 94/05 , amend. - SG 21/06). Ministry of Culture exercise direction and control over discovery, exploration and protection of cultural monuments and museum- work. Its orders are obligatory for all state bodies, natural and legal persons.

(amend. SG 112/95, amend. SG 28/05, amend. SG 94/05). Ministry of Culture realizes this activity, helped by its authorities and state bodies in municipals and with the help of other state and civil bodies, provided in this act.

(new – SG 112/95). Municipal Councils, municipal mayors and regional mayors could exercise direction and control by places over discovery, exploration and protection of cultural monuments through municipal administration and museums specialized structure.

(paragraph 4, previous 3, amend. SG 112/95, new paragraph 3 in SG 29/73, amend. SG 45/89, amend. SG 10/90, amend. SG 28/05, amend. SG 94/05, amend. - SG 21/06). Territorial and town- planning research and project for immovable cultural monuments protection should be made in alliance between Ministry of Culture and Ministry of regional development and public works.

(previous paragraph 3, SG 29/73, previous paragraph 4, SG 112/95). National Institute for cultural monuments structure and works should be institute with a Regulation, approved by Council of Ministers.

(new – SG 55/04) The coordination, the control and the methodical guidance for preservation and dissemination of the movable cultural monuments shall be implemented by the National centre for museums, galleries and fine arts.

Art. 6. (amend. SG 45/89, amend. SG 10/90, amend. SG 112/95, amend. SG 28/05, amend. SG 94/05) Budget funds, provided for protection activity of cultural monuments are shared from Minister of Culture.

Art. 7. (amend. SG 112/95, amend. SG 55/04) The Republic of Bulgaria museums are scientific and cultural institutes, working for discovering, exploring, collecting, acquiring, put in documents and making popular cultural monuments.

(2) (new – SG 55/04, amend. - SG 21/06) Museums shall be created upon existence of movable monuments of culture of proven origin, allowing to be organize their exhibition to audience in the form of museum exhibition, buildings, ensuring conditions for preservation and public exhibition and permanent source of financing the activity of the museum.

(3) (prev. (2) – SG 55/04) The museums are national, regional and local. Their territorial activity scope is determined by the Council of Ministers.

(4) (prev. (3) – SG 55/04) The museums could be state, municipal and belonging to individuals and corporate bodies.

(5) (prev. (3) – SG 55/04) The state and municipal museums are juridical persons on budget support. The government and municipalities provides the necessary for their activity building fund.

(6) (prev. (5) – SG 55/04, amend. SG 28/05, amend. SG 94/05) The museums activity is determined by regulations and Minister of Culture rules.

(7) (prev. (6) – SG 55/04, amend. SG 28/05, amend. SG 94/05) The museums are established and closed: the national one with Council of Ministers decision by Minister of Culture proposal or from other state bodies` proposal; the municipal museums and other museums of juridical persons with their leading bodies’ decision, after co- ordination with Minister of Culture. Branches could be established and closed in order, determined by Minister of Culture.

(8) (prev. (7), amend. SG 55/04, amend. SG 28/05, amend. SG 94/05; amend. - SG 30/06, in force from 12.07.2006) The private museums shall be cultural organizations in the sense of the Law of protection and development of culture, for the creation of which is necessary permission by the Minister of Culture, issued in three months term after receiving of the application. The refusal for issuing permission can be appealed by the order of the Law of the Administrative procedure code.

Art. 7a. (new – SG 55/04) (1) The museums shall form basic, exchange and scientific auxiliary fund.

(2) In the basic fund shall be included the own and the conceded for management to the museum movable monuments of culture, corresponding to its profile.

(3) In the exchange fund shall be included movable monuments of culture, not corresponding to the profile of the museum as well as these which many times repeat movable monuments of culture from the basic fund.

(4) In the scientific auxiliary fund shall be included subjects and other materials of importance for the research, exposition and educational activity of the museum.

(5) The movable monuments of culture from the basic and the exchange fund of the museums shall be national treasures.

(6) (amend. SG 28/05, amend. SG 94/05) The formation and the management of the funds of the museums shall be implemented under conditions and by order, determined in an ordinance by the Minister of Culture.

Art. 8. National museums have scientific and discovering groups. The other museums could establish such groups by the determined rules.

Art. 9. (amend. SG 45/89, amend. SG 10/90) The leading of museums is made of:

a) (amend. SG 28/05, amend. SG 94/05) Methodical- from the Ministry of Culture.

b) Science and discovery- from Bulgarian science Academy and corresponding science and discovery branches.

c) (amend. SG 112/95) In administrative and organizational relation by municipality mayor and the corresponding branches.

Art. 10. (revoked – SG 112/95)

Art. 11. (amend. SG 87/80, amend. SG 45/89, amend. SG 10/90, amend. SG 112/95) (1) (amend. SG 55/04) Juridical and physical persons could establish museum collection and artistic works collections and subjects of scientific and artistic value as well.

(2) (amend. SG 28/05, amend. SG 94/05) The order for museums establishment and closing, their arrangement and activity are determined with an act of Minister of Culture.

(3) (amend. SG 55/04, amend. SG 28/05, amend. SG 94/05) The movable monuments of culture, ownership of corporate bodies and individuals, shall be declared by the owners and registered at the closest regional museum or specialized national museum. At the registration on the basis of valuation, made by expert – assessment commission, shall be determined the value of each declared movable monument of culture and the monuments of culture, being national treasures. The order for making the assessment shall be determined with ordinance by the Minister of Culture.

(4) (amend. SG 55/04) The owners of movable cultural monuments registered in the museums could apply for support, in order established in national and municipal museums.

(5) (revoked – SG 55/04)

Art. 11a. (new – SG 55/04) The National centre for museums, galleries and fine arts shall keep register of the movable monuments of culture that are national treasures.

Chapter four.

CULTURAL MONUMENTS DISCOVERING, REGISTRATING AND EXPLORING

Art. 12. (amend. SG 55/04) Immovable monuments of culture shall be:

1. all archaeological sites, structures and memorial places and the belonging to them decorative and artistic decoration on the territory and the water area of the Republic of Bulgaria.

2. the announced by the order of art. 4, para 1 and 2 and the declared by the National institute for monuments of culture.

Art. 13. (amend. SG 45/89, amend. SG 10/90, revoked SG 112/95)

Art. 14. (amend. SG 112/95) Persons, who have find cultural monuments are obliged to declare their discovery in a week- term to the corresponding municipality or to the museum, which is near.

(amend. SG 112/95, amend. SG 28/05, amend. SG 94/05). Persons who are declared important information for cultural monuments are rewarded by order established from the Minister of Culture.

The hidden monuments are confiscated in state` s benefit.

Art. 15. (amend. SG 112/95, amend. SG 28/05, amend. SG 94/05) Archeological excavations, probing, sub- water researches, geo- physical and other researches should be done with permission of Archeological Institute with museum, co- ordinated with the Ministry of Culture. If there, foreign institutes or specialists take part the researches should be done with Council of Ministers permission. The conditions for research making are determined with a regulation act, issued by the Minister of Culture, offered by Archeological Institute with museum to Bulgarian Science Academy.

If are caused damages or risks for monuments condition in research making, according to paragraph 1, the research could be stopped with Minister of Culture order.

All kind of research making should be adjusted with monument proprietor.

The Ministry of Culture controls over monuments condition and their conservation and restoration.

Restoration and conservation activities over movable cultural monuments are made from licensed specialists.

Conditions about restoration and conservation labours accomplishing are determined with Minister of Culture regulation.

Art. 16. All cultural monuments which are discovered in archeological excavations are state property.

(new – SG 112/95, amend. SG 28/05, amend. SG 94/05). Minister of Culture determines the storing place for cultural monuments.

Art. 17. (amend. - SG 21/06) Researches and excavations for monuments searching could be made in properties of natural and legal persons, without property alienation. For caused damages, the body that made the research should pay for them.

Art. 18. (amend. SG 112/95) When in building or agricultural works are discovered finds, which have indication for cultural monuments the works temporary stops. The project proprietors or leaders are obliged to protect the find and to inform the municipality or the nearest museum.

The researching, exploration and protection bodies are obliged in a week term to inform the project proprietors or leader what is the find kind. They should give instructions about monuments researching and protection.

(amend. SG 45/89, amend. SG 10/90) When the project have no more resources Ministry of Finance should provide credits for researching and monuments keeping, discovered in building works.

(Paragraph 4 - amend. SG 112/95 , amend. - SG 21/06) When the project proprietor is a natural person the resources should be provided from the municipality.

Art. 19. (1) (amend. SG 55/04) The cultural monuments depending on their scientific - historical, architectural – urban development and artistic importance shall graded as:

1. monuments with world importance;

2. monuments with national importance;

3. monuments with local importance;

4. monuments of ensemble importance;

5. monuments for information.

(2) The monuments classification is made from central bodies of protection.

Chapter five.

CULTURAL MONUMENTS PROTECTION

Art. 20. (amend. SG 87/80, amend. SG 112/95) (1) The monuments proprietors are obliged to protect the monuments in good condition and to inform the specialized bodies about damages or illegal acts over monuments condition.

(2) All monuments proprietors are obliged to provide access of specialized municipal and state bodies.

(3) (amend. SG 28/05, amend. SG 94/05) The deceased popular science and arts figures, inheritors provide a property and archive description on Ministry of Culture asking.

(4) (amend. SG 55/04) Conservation and restoration works, repairs and changes of immovable cultural monuments as well as new construction within their boundaries and the guarding zones shall be made only with permission by the National institute for monuments of culture and under its control as well as in compliance with the provisions of the Law of spatial planning.

(5) Expenses for average repairs and supporting monuments should be provided by their proprietors. If they could not afford them, the expenses are provided by the Municipality or the State for estate mortgage.

Art. 21. The researching, projecting and repairing labours over immovable cultural monuments are made upon National cultural monuments institute guidance. Its bodies have the right to stop every building project if this damages monuments condition. Built in infraction of law should be distracted.

Resources spent for researching, exploration and repairing labours over immovable cultural monuments, private property are at the state expenses. The State registers mortgage over the property, for which are spent resources.

Art. 22. (supplemented SG 36/79, SG 112/95) When someone learns about monument damages or monument distraction, he is obliged to inform in 3 days term the Municipality or the nearest museum. To people helped avoiding monuments damages is given a reward, according art. 14.

Art. 23. (amend. SG 55/04) The sites with the characteristics of art. 3 and originating from the Bulgarian lands or which are connected with our national history, culture and life and are located abroad, shall be kept in a register respectively by the National institute for monuments of culture or by the National centre for museums, galleries and fine arts.

Chapter six.

CULTURAL MONUMENTS MANAGING AND POPULARIZATION

Art. 24. (1) (amend. SG 50/99) Immovable cultural monuments should be used practically in condition, determined by National cultural monuments institute.

(2) (revoked – SG 55/04)

Art. 25. (amend. SG 45/89, amend. SG 10/90, amend. SG 112/95, amend. SG 44/97, amend. SG 28/05, amend. SG 94/05). Rooms in cultural monuments building could be leased in conditions, determined by the Ministry of Culture.

Art. 26. (amend. SG 112/95). (1) (amend. SG 28/05, amend. SG 94/05) The museums manage cultural monuments in accordance with legal act, issued by the Minister of Culture. Movable cultural monuments with national importance are included in National Museum Fund. Its register is leaded by national Centre for museums, galleries and fine arts.

(2) (amend. SG 55/04, amend. SG 28/05, amend. SG 94/05) The movable monuments of culture with biggest scientific and cultural value shall be included in National museum fund. The statute of the fund shall be determined with an ordinance by the Minister of Culture and its register shall be kept by the National centre for museums, galleries and fine arts.

(3) (amend. SG 28/05, amend. SG 94/05) Ministry of Culture could order transfer of movable cultural monuments from state and municipal museum collection to state or municipal museums funds, when the monuments are managed badly or when museum collections are closed.

(4) (amend. SG 28/05, amend. SG 94/05) Movable cultural monuments, which are included in National Museum Fund, could be provided to other museums for temporary use with an order of Ministry of Culture. In this case museums should be compensated in order, determined by Minister of Culture.

(5) (amend. SG 28/05, amend. SG 94/05) The recipient is obliged to deposit a copy, made at his expense. Compensation is paid when there is a difference between the copy and original by order determined from the Ministry of Culture.

(6) (amend. SG 28/05, amend. SG 94/05) Museums could exchange cultural monuments between them and after accordance with the Ministry of Culture.

Art. 27. (amend. SG 112/95) Changes in property of movable monuments could be made after writing notice to museum where they are registered.

Art. 28. (amend. SG 45/89, amend. SG 112/95,Paragraph 1 is promulgated as anti- constitutional in SG 36/96, amend. SG 28/05, amend. SG 94/05). Immovable cultural monuments` purchases, sales, replacement and donation between proprietors and other juridical and civil persons could be done after National Museum Institute permission. The other kinds of monuments could be sold, replaced or donated with a permission of local municipal council.

Movable and immovable cultural monuments partition is allowed with Ministry of Culture permission and if the monuments are dividable and if there is no risk for their protection as cultural monuments.

Art. 29. (amend. SG 87/80, paragraph 1 amend. SG 112/95, amend. SG 117/97, amend. SG 153/98) Immovable cultural monuments` purchases, sales, replacement and donation in ministries`, state` s and civil organizations` benefit could be made without paying state fees. When inheritors donate movable or immovable monuments they are relieved from inherit tax. If the tax is paid, it should be returned.

(amend. - SG 21/06) Natural persons, who are donated cultural monuments, should be rewarded with moral or material awards.

Art. 30. (amend. SG 112/95 Paragraph 1 is promulgated as anti- constitutional in SG 36/96, amend. SG 28/05, amend. SG 94/05). Immovable cultural monuments with national cultural importance could be alienated. Alienation should be done with Minister of Culture proposition, according to established rules for state and civil needs alienation.

Art. 31. (revoked – SG 55/04)

Art. 32. (amend. SG 28/05, amend. SG 94/05) Cultural monuments have educational and cognitive importance.

(amend. - SG 21/06) Natural and legal persons, proprietors of monuments should provide show access in order determined by Ministry of Culture.

Art. 32a. (new – SG 55/04) (1) The monuments of culture can be replicated in precise copies and in copies with educational, representative or commercial designation.

(2) The precise copy shall reproduce visually to a maximum the characteristics of the monument of culture, it shall be obligatory marked and is worked out for museum purposes.

(3) (amend. SG 28/05, amend. SG 94/05) The precise copies of monuments of culture from the National museum fund and with categories "world importance" and "national importance" shall be worked out with permission by the Minister of Culture.

(4) The copy with educational, representative or commercial designation visually shall reproduce the monument of culture, obligatory differing from it in dimension at least with one tenth.

(5) Copies with educational, representative or commercial designation can be worked out by the museums and by corporate bodies or individuals on the basis of onerous contract, concluded with the respective museum – for the movable monuments of culture, or with the person, exercising the right to management or ownership – for the immovable monuments of culture.

(6) The reproduction of a monument of culture, of its element or of precise copy in photographic, computer, video and other image, the dissemination of the image, its use at production of goods, labels and design solutions or for other commercial or advertising purposes shall be made on the basis of onerous contract, concluded with the respective museum – for the movable monuments of culture, or with the person, exercising the right to management or ownership – for the immovable monuments of culture. The resources, provided in the contract, shall be spent for preservation of the monument of culture.

(7) (amend. SG 28/05, amend. SG 94/05) The conditions and the order for working out precise copies and copies with educational, representative or commercial designation, for reproduction in photographic, computer, video and other images, as well as for production of goods, labels, and design solutions, having images of a monument of culture, shall be determined with an ordinance by the Minister of Culture.

Art. 33. (revoked – SG 112/95)

Chapter six.

"A" EXPORT AND TEMPORARY EXPORT OF MOVABLE MONUMENTS OF CULTURE (new – SG 55/04)

Art. 33a. (new – SG 55/04, amend. SG 28/05, amend. SG 94/05) Movable monuments of culture, being in one of the categories according to the appendix, and movable monuments of culture, being national treasures, can be exported from the territory of the country under conditions and by order, determined in ordinance, approved by the Council of Ministers upon proposal by the Minister of Culture and the Minister of Finance.

Art. 33b. (new – SG 55/04) (1) The export and the temporary export from the country of movable monuments of culture, being in one of the categories according to the appendix of art. 33a, shall be subject to permission regime.

(2) The permission shall be issued upon request by the interested person under the conditions, determined in the ordinance of art. 33a.

(3) The permission of para 2 shall be issued by the director of the National centre for museums, galleries and fine arts in two weeks term after receiving the request.

(4) (amend. - SG 30/06, in force from 12.07.2006) The refusal for issuing permission shall be motivated and shall be subject to appeal by the order of the Administrative procedure code.

(5) Movable monuments of culture, which are not national treasures and are not in one of the categories according to the appendix of art. 33a shall be exported with certificate, issued by the director of the National centre for museums, galleries and fine arts.

Art. 33c. (new – SG 55/04) (1) Export of movable monuments of culture, being national treasures, shall not be admitted.

(2) Movable monuments of culture, being national treasures, can be exported only temporary in the following cases:

1. for presenting to foreign audience;

2. for implementing conservation – restoration works, expertise and scientific investigations.

(3) (amend. SG 28/05, amend. SG 94/05, suppl. - SG 21/06) The temporary export of movable monuments of culture, being national treasures, shall be admitted for terms, determined in the ordinance of art. 33a, with permission by the Minister of Culture or by an official, authorized by him.

Chapter six.

"B" RETURNING OF UNLAWFULLY REMOVED MOVABLE CULTURAL MONUMENTS CLASSIFIED AS NATIONAL TREASURES (NEW - SG 21/06)

Art. 33d. (new - SG 21/06) Movable cultural monuments classified as national treasures unlawfully removed form the territory of the country and found on the territory of a European Union member state, further called "member state", as well as those unlawfully removed from the territory of a member state and found on the territory of the Republic of Bulgaria, shall be subject to return as referred to in the provisions of this chapter.

Art. 33e. (new - SG 21/06) The Minister of Culture shall be the central body who coordinates, organizes and controls the activities of returning unlawfully removed movable cultural monuments classified as national treasures in co-operation with the central bodies of the other European Union member states, further called "member states", that coordinate these activities on their territories.

Art. 33f. (*) (new - SG 21/06) Subject to return according to the conditions and the order of this Chapter shall be a cultural monument, which before or after its unlawful removal from the territory of a member state has been classed as national treasure and:

1. falls within one of the categories referred to in the Appendix to Art. 33a or

2. does not fall within any of the categories referred to in the Appendix to Art. 33a but forms an integral part of public collections recorded in the inventories of museums, archives or libraries or those of church bodies.

Art. 33g. (*) (new - SG 21/06) All bodies and individuals shall be obliged to forthwith inform the Minister of Culture in case they have information about unlawfully removed from the territory of the Republic of Bulgaria movable cultural monuments classified as national treasures.

The Minister of Culture shall:

1. upon existence of information about unlawful removal of movable cultural monuments which are national treasure check, if necessary, the reliability of this information;

2. initiate the proceedings of return of movable cultural monuments classified as national treasures unlawfully removed from the territory of the Republic of Bulgaria by a request to the respective Member State;

3. forthwith inform the central body of the Member State to which the request referred to in item 2 is addressed in case that he has initiated on its territory a court proceeding for return of the unlawfully removed movable cultural monuments classified as national treasures.

All bodies of the Republic of Bulgaria according to their competence and all individuals shall be obliged to co-operate the Minister of Culture upon exercising of his competence referred to in this Chapter.

Art. 33h. (*) (new - SG 21/06) Each Member State may request from the Minister of Culture to carry out investigation concerning a movable cultural monument classified as national treasure unlawfully removed from its territory and establishing the identity of its possessor or holder. The request shall contain the whole information necessary for the investigation especially indication of the real or presumptive location of the object.

Upon receipt of the request the Minister of Culture shall inform about it the respective bodies in the Republic of Bulgaria which are competent to establish the location of the movable cultural monument classified as national treasure and also the identity if its possessor or holder.

The bodies referred to in para 2 according to their competence co-operate with the Minister of Culture by:

1. informing him of the investigations and the presumable or the real location of the movable cultural monument in question classified as national treasure as well as of all the other facts and circumstances related to its unlawful removal;

2. investigate and identify the location of the object referred to in item 1 and the identity of its possessor or holder.

In case the request was addressed to the bodies referred to in para 2 they shall be obliged to forward it immediately to the Minister of Culture.

Art. 33i. (*) (new - SG 21/06) The Minister of Culture shall:

1. notify the central body of the requesting Member State when the movable cultural monument classified as national treasure is found and there are reasonable grounds to believe that it has been unlawfully removed from its territory;

2. initiate the necessary measures for physical protection of the object referred to in item 1;

3. initiate the necessary interim measures for preventing any action to evade the return of the object referred to in item 1.

The Minister of Culture shall enable the competent body of the requesting Member State to check if the found object meets the requirements referred to in para 33f, provided that the check is made within 2 months of the notification provided for in para 1, item 1.

If the check is not made or its results are not reported within the period referred to in para 2, para 1, items 2 and 3 shall cease to apply.

The Minister of Culture or an official authorized by him shall cooperate for reaching an agreement for the return of the movable monument classified as national treasure between its possessor or holder and the requesting Member State if official consent on that from the both sides exists. In such a case the Minister or the official authorized by him shall act as an intermediary in the negotiations between them.

The Minister of Culture shall notify the interested Member States when a movable cultural monument classified as national treasure is found on the territory of the Republic of Bulgaria and there are reasonable grounds to believe it was unlawfully removed from the territory of another Member State.

Art. 33k. (*) (new - SG 21/06) The requesting Member State may initiate court proceedings making a claim against the possessor or the holder to return cultural monuments that are national treasures which have been unlawfully removed from its territory.

The claim referred to in para 1 shall be accompanied by:

1. a document describing the object which return is requested;

2. stating that the object is a movable cultural monument classified as national treasure;

3. a declaration by the competent body of the requesting Member State that it has been unlawfully removed from its territory;

4. identity data about the person against whom the claim is made;

5. data about the value of the object in Bulgarian levs determined at the date the claim was made.

Art. 33l. (*) (new - SG 21/06) The claim referred to in Art. 33k shall not be brought more than one year after the requesting Member State became aware of the location of the movable cultural monument classified as national treasure and of the identity of its possessor or holder.

At all events, the court proceedings referred to in Art. 33k shall not be brought and if already brought – they shall be dismissed, if more than 30 years have passed after the movable cultural monument classified as national treasure was unlawfully removed from the territory of the requesting Member State.

If the claim concerns movable cultural monuments classified as national treasure which do not fall within any of the categories referred to in the Appendix to Art. 33a but form an integral part of public collections recorded in the inventories of museums, archives or libraries or those of church bodies which are subject to special protection according to the national legislation of the requesting country, the period referred to in para 2 shall be 75 years. This period may exceed 75 years in case it is laid down in bilateral agreements for which the Republic of Bulgaria is a party.

Court proceedings shall not be brought and if already brought – they shall be dismissed, if the removal of the movable cultural monument classified as national treasure from the territory of the requesting Member State is no longer unlawful at the time the claim was made.

Art. 33m. (*) (new - SG 21/06) The central body of the requesting Member State shall forthwith inform the Minister of Culture that court proceedings have been initiated who on his behalf shall forthwith inform the central bodies of the rest of the Member States.

Art. 33n. (*) (new - SG 21/06) The court proceedings referred to in Art. 33k shall be carried out according to the order of the Civil Procedure Code.

The court shall order the return of the object when the following prerequisites are met:

1. the object meets the requirements referred to in Art. 33f;

2. the object was unlawfully removed from the territory of the requesting Member State;

3. the claim was filed within the periods of Art. 33l;

4. the object was removed illegally from the territory of the requesting Member State on January 1st 1993 and after that date;

5. the defendant possesses or holds the object at the moment the claim is brought.

Art. 33o. (*) (new - SG 21/06) Where return of the movable cultural monument classified as national treasure is ordered, the court shall, after taking in view all the circumstances of the case, award the possessor fair financial compensation, provided that the possessor exercised due care and attention in acquiring the object.

Art. 33p. (*) (new - SG 21/06) The requesting Member State shall pay the compensation referred to in Art. 33o upon return of the object.

Expenses incurred in implementing the decision ordering the return of the movable cultural monument classified as national treasure as well as the expenses incurred in implementing the measures referred to in Art. 33i. para 1, item 2 shall be borne by the requesting Member State.

Art. 33q. (*) (new - SG 21/06) The court decision for return of the movable cultural monument classified as national treasure and payment of the compensation and of the expenses referred to in Art. 33p shall be without prejudice to the requesting Member State's right to take action with a view to recover those amounts from the persons responsible for the unlawful removal of the cultural object from its territory.

The provisions of this Chapter shall be without prejudice to seek criminal and/or civil liability under the Bulgarian legislation.

Ownership of the movable cultural monument classified as national treasure after return shall be governed by the provisions of the national legislation of the requesting Member State.

Art. 33r. (*) (new - SG 21/06) The Minister of Culture shall send the European Commission every three years a report on the application of the provisions of this Chapter.

Chapter seven.

ADMINISTRATIVE PENAL PROVISIONS (title amend. SG 55/04)

Art. 34. (amend. SG112/95, amend. SG 50/99, amend. SG 55/04) Penalty from 1000 to 5000 leva is owed when:

a) (amend. SG 112/95)Somebody without permission makes excavations, searching for treasures and other things, which are protected by this law.

b) (revoked – SG 55/04)

c) (revoked – SG 55/04)

d) (amend. SG 55/04) Somebody sells, grants or exchanges movable monuments of culture without the knowledge of the museum, in which they have been registered;

e) (amend. SG 28/05, amend. SG 94/05) When somebody purchases, sells or donates movable cultural monuments without museum or Ministry of Culture allowance or does not inform the proprietors of the monuments.

f) When somebody does not execute the orders for repairing and supporting labours over cultural monuments.

Art. 34a. (*) (new - SG 21/06) Upon violation of the provisions of Art. 33g, para 1 and 3, one shall be imposed from 1000 to 5000 leva fine – for the natural persons, and from 5000 to 10 000 leva propriety sanction – for the legal persons, if not subject to heavier penalty.

Art. 35. (amend. SG 112/95) (1) (amend. SG 50/99, amend. SG 55/04) Penalty from 1000 to 5000 leva is owed when a proprietor or leaseholder impede civil people to visit museums in established order. When state bodies are prevented form check of monuments condition by proprietor or leaseholder.

(2) (new – SG 112/95, amend. SG 28/05, amend. SG 94/05). Somebody is punished when he does not execute Ministry of Culture` s demand, or he should be punished more seriously.

Art. 35a. (new – SG 55/04) Who works out or assigns working out of copy of a monument of culture or reproduces and disseminates its image in violation of the provision of art. 32a, shall be punished with fine from 2000 to 10 000 levs and the corporate bodies – with proprietary sanction from 10 000 to 20 000 levs.

Art. 35b. (new – SG 55/04) Who exports movable monument of culture in violation of the provisions of chapter six "a" shall be punished with fine or proprietary sanction in extent from 12 000 to 24 000 levs.

Art. 35c. (new – SG 55/04) Who does not declare movable monument of culture by the order of art. 11, para 3, shall be punished with fine or proprietary sanction in extent from 2000 to 6000 levs.

Art. 36. (amend. SG 55/04) Cultural monuments damages in violations, according to Articles 34, 35 and 35a should be restored at breakers expense.

Art. 37. (amend. SG 45/89, amend. SG 10/90, amend. SG 112/95). (1) (amend. SG 55/04, amend. SG 28/05, amend. SG 94/05) Illegal act should be specified by act, made by sate bodies in accordance art. 5, paragraph 2, 3 and 6. According to these acts Minister of Culture should issue penal decree.

(2) (amend. - SG 21/06) Findings of the violations, the issue, appellation and execution of the penal decrees shall be carried out in accordance with Administrative violations and sanctions act.

(3) Penal decrees enact confiscation of found and hidden cultural monuments, connected with the crime.

Additional provisions

(SG 102/1981, title amend. SG 55/04)

§ 1. (new – SG 112/95) State and municipal art galleries are with museum status.

§ 2. (new – SG 55/04) In the sense of this law movable monuments of culture – national treasures, shall be the movable monuments of culture, which are with biggest scientific and cultural value and are of significant interest for the national heritage from historic, artistic or archaeological point of view.

Art. 38. (amend. SG 28/05) This law abrogates Art. 75a and 75b from Plan construction in populated places act.

The execution of this law is assigned to the Minister of Culture.

§ 3. (*) (new - SG 21/06) For the purpose of this law:

1. "Public collections" shall mean collections which are the property of a Member State, local or regional authority within a Member States or an institution situated in the territory of a Member State and defined as public in accordance with its national legislation, such institution being the property of, or significantly financed by, that Member State or a local or regional authority.

2. "Unlawfully removed from the territory of a Member State" shall be cultural monuments classified as national treasure which:

a) have been removed from the territory of a Member State in breach of its rules on the protection of national treasures;

b) have not been returned at the end of a period of lawful temporary removal or any breach of another condition governing such temporary removal.

3. "Requesting Member State" shall mean the Member State from whose territory the movable cultural monument classified as national treasure has been unlawfully removed.

4. "Requested Member State" shall mean the Member State in whose territory a movable cultural monument classified as national treasure unlawfully removed from the territory of another Member State is located.

5. "Return" shall mean the physical return of the cultural object to the territory of the requesting Member State.

6. "Possessor" shall mean the person who personally or through somebody else is physically holding the object – movable cultural monument classified as national treasure, on his own account.

7. "Holder" shall mean the person physically holding the object - movable cultural monument classified as national treasure, for third parties.

Additional provisions

§ 1. (new – SG 14/90, amend. SG 28/05). The words "Culture committee" and "Architecture committee and utilities" should be changed with words "Ministry of Culture and Tourism", "Minister of Culture and Tourism" and "Minister of construction, architecture and utilities".

Transitional and concluding provisions

(SG 55/04)

……………………

§ 28. (amend. SG 28/05) Till January 1, 2005 the Council of Ministers shall approve, respectively the Minister of Culture and Tourism shall issue the ordinances for the implementation of the law.

Additional provisions

TO THE LAW ON AMENDMENT AND SUPPLEMENTING OF THE LAW ON CULTURAL MONUMENTS AND MUSEUMS

(PROM. – SG 21/06)

 

§ 13. Everywhere in this law the words "Minister of regional construction and development" and "Ministry of regional construction and development" shall be replaced with "Minister of regional development and public works" and "Ministry of regional development and public works".

Transitional and concluding provisions

TO THE LAW ON AMENDMENT AND SUPPLEMENTING OF THE LAW ON CULTURAL MONUMENTS AND MUSEUMS

(PROM. – SG 21/06)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

§ 15. The provisions of Chapter Six "B" shall be applicable also for the countries of the European Economic Area, Norway and Iceland under the condition that the movable cultural monument classified as national treasure has been unlawfully removed on January 1st 1995 or later.

§ 16. The provisions of § 9, 10, 12, § 14 – concerning Art. 34a, and § 15 shall enter in force from the Treaty of Accession of the Republic of Bulgaria to the European Union enters in force.

Transitional and concluding provisions

TO THE ADMINISTRATIVE PROCEDURE CODE

(PROM. – SG. 30/06, IN FORCE FROM 12.07.2006)

 

§ 142. The code shall enter into force three months after its promulgation in State Gazette, with the exception of:

1. division three, § 2, item 1 and § 2, item 2 – with regards to the repeal of chapter third, section II "Appeal by court order", § 9, item 1 and 2, § 15 and § 44, item 1 and 2, § 51, item 1, § 53, item 1, § 61, item 1, § 66, item 3, § 76, items 1 – 3, § 78, § 79, § 83, item 1, § 84, item 1 and 2, § 89, items 1 - 4§ 101, item 1, § 102, item 1, § 107, § 117, items 1 and 2, § 125, § 128, items 1 and 2, § 132, item 2 and § 136, item 1, as well as § 34, § 35, item 2, § 43, item 2, § 62, item 1, § 66, items 2 and 4, § 97, item 2 and § 125, item 1 – with regard to the replacement of the word "the regional" with the "administrative" and the replacement of the word "the Sofia City Court" with "the Administrative court - Sofia", which shall enter into force from the 1st of May 2007;

2. paragraph 120, which shall enter into force from the 1st of January 2007;

3. paragraph 3, which shall enter into forcefrom the day of the promulgation of the code in State Gazette.

Appendix to Art. 33ΰ

(new – SG, 55/04)

Serial Category Age Value Value Value
No.     in BGN in BGN in BGN
      from 1 Jan. from 1 Jan. when the
      until 31 Dec. 2006 until the Republic of
      2005 time the Bulgaria is
        Republic of a full member
        Bulgaria of the
        becomes a European
        full Union
        member of  
        the  
        European  
        Union  
           
1 2 3 4 5 6
1. Archaeological Dating from Regardless Regardless Regardless
  objects originating more than of the value of the value of the value
  from: 100 years thereof thereof thereof
  - earth and        
  underwater        
  excavations and        
  discoveries;        
  - archaeological        
  places;        
  - archaeological        
  collections        
           
2. Elements forming Dating from Regardless Regardless Regardless
  a constituent part more than of the value of the value of the value
  of works of art, or 100 years thereof thereof thereof
  historical articles,        
  or religious        
  articles and        
  produced from        
  dividing the latter        
  into parts thereof        
3. Other pictures and Over 50 Over 100 000 Over 200 000 Over 300 000
  drawings apart years old and      
  from those not belonging      
  included in the to their      
  categories 4 and authors      
  5, entirely made        
  by hand, on any        
  material, through        
  any technique        
4. Water-colour Over 50 Over 20 000 Over 40 000 Over 60 000
  works, gouaches years old and      
  and pastels, not belonging      
  entirely made by to their      
  hand, on any authors      
  material        
5. Mosaics with the   Over 10 000 Over 20 000 Over 30 000
  exception of those        
  which belong to        
  the categories 1 or        
  2, and drawings        
  entirely made by        
  hand, on any        
  base, and from        
  any material        
6. Engravings, Over 50 Over 10 000 Over 20 000 Over 30 000
  prints, serial years old and      
  graphics, not belonging      
  lithographs, to their      
  original clichιs authors      
  and the respective        
  matrices thereof,        
  as well as original        
  posters        
7. Original works of Over 50 Over 60 000 Over 80 000 Over 100 000
  plastic art or years old and      
  sculptures and not belonging      
  copies, produced to their      
  in the same way authors      
  as the original,        
  with the exception        
  of those which        
  belong to the        
  category 1        
8. Photographs, films Over 50 Over 10 000 Over 20 000 Over 30 000
  and the negatives years old and      
  thereof not belonging      
    to their      
    authors      
9. First printed Over 50 Regardless Regardless Regardless
  books, rolls and years old and of the value of the value of the value
  manuscripts, not belonging thereof thereof thereof
  including to their      
  geographic maps authors      
  and music scores,        
  either separate        
  ones or forming        
  part of collections        
10. Books, either Dating from Over 60 000 Over 80 000 Over 100 000
  separate ones or more than      
  forming part of 100 years      
  collections        
11. Printed geographic Dating from Over 10 000 Over 20 000 Over 30 000
  maps more than      
    100 years      
12. Archives and parts Over 50 Regardless Regardless Regardless
  thereof of any years old of the value of the value of the value
  kind, regardless of   thereof thereof thereof
  the base        
13. a) Collections and   Over 60 000 Over 80 000 Over 100 000
  samples from        
  collections in the        
  field of zoology,        
  botany,        
  mineralogy,        
  anatomy        
  b) Collections of        
  historical,        
  paleonthologi-cal,        
  ethnographic or        
  numismatic        
  interest        
14. Transport Over 50 Over 60 000 Over 80 000 Over 100 000
  vehicles, years old      
  represented        
  separately, and        
  components and        
  units thereof        
15. Other antiques 50 to 100 Over 60 000 Over 80 000 Over 100 000
  which do not years old      
  belong to the        
  categories 1        
  through 14:        
  - toys, games;        
  - glassware;        
  - jewellery;        
  - furniture and        
  objects for        
  furnishing;        
  - optical,        
  photographic or        
  cinematogra-phic        
  equipment;        
  - geodetical        
  devices;        
  - technical objects;        
  - musical        
  instruments;        
  - clocks – various        
  types and parts for        
  them;        
  - articles of wood;        
  - ceramics;        
  - textile works of        
  art;        
  - carpets;        
  - wallpaper;        
  - weapons        
16. Other antiques Dating from Over 60 000 Over 80 000 Over 100 000
  which do not more than      
  belong to the 100 years      
  categories 1        
  through 14        

Notes:

1. The objects for the collections under category No. 13 are those which have the required qualities in order for them to form part of a collection, i.e. the objects which are comparatively rare, and are not usually used in accordance with their primary designation, and constitute the subject matter of special transactions not forming part of habitual trade of similar objects, and have a high value.

2. Postcards belong to the category No. 6.

3. The books containing handwritten annotations, with the exception of dedications, are regarded as manuscripts and belong to the category No. 9.




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