S.L. 445.4 чл. 8Return of object to requestingMember State.

(1) Where the return of the cultural object is ordered, the competent court in Malta shall award the possessor such compensation as it deems fair according to the circumstances of the case, provided that it is satisfied that the possessor has acted in good faith and exercised due care and attention in acquiring the object.

(2) In determining whether the possessor exercised due care and attention, consideration shall be given to all the circumstances of the acquisition, in particular the documentation on the object’s provenance, the authorisations for removal required under the law of the requesting Member State, the character of the parties, the price paid, whether the possessor consulted any accessible register of stolen cultural objects and any relevant information which he could reasonably have obtained, or took any other step which a reasonable person would have taken in the circumstances.

(3) The requesting member state shall pay such compensation upon the return of the object.

(4) Expenses incurred in implementing a decision ordering the return of a cultural object, for the safe-keeping and conservation of the said object and for the costs of the measures adopted in regulation 6(1)(d), shall be borne by the requesting Member State.

(5) Payment of the fair compensation and the expenses referred to in sub-regulations (1) to (4) shall be without prejudice to the right of the requesting Member State to take action with a view to recovering those amounts from the persons responsible for the unlawful removal of the cultural object from its territory.