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S.L. 445.4 · Return Of Cultural Objects Unlawfully (S.L. 445.4)

S.L. 445.4 Art. 2Interpretation.

In KraftAmtlicher Text

In these regulations, unless the context otherwise requires:

"the Act" means the Cultural Heritage Act;

"cultural object" means an object which is classified or defined by a Member State, before or after its unlawful removal from the territory of that Member State, as being among the ‘national treasures possessing artistic, historic or archaeological value’ under national legislation or administrative procedures within the meaning of Article 36 of the Treaty on the Functioning of the European Union;

"cultural property" means movable or immovable property forming part of the cultural heritage as defined in the Act;

"holder" means the person physically holding the cultural object for third parties;

"Member State" means any member state, including Malta, of the European Union;

"national treasure" means cultural property; "possessor" means the person physically holding the cultural object on his own account; "public collections" means collections, defined as public in accordance with the legislation of a Member State, which are the property of that Member State, of a local or regional authority within that Member State or of an institution situated in the territory of that Member State, such institution being the property of, or significantly financed by, that Member State or local or regional authority; "requesting Member State" means the Member State from whose territory the cultural object has been unlawfully removed; "requested Member State" means the Member State in whose territory a cultural object, which was unlawfully removed from the territory of another Member State, is located; "return" means the physical return of the cultural object to the territory of the requesting Member State; S.L.445.04 STATE OF THE EUROPEAN UNION

"the Superintendence" means the Superintendence of Cultural Heritage established in article 7 of the Act; "unlawfully removed from the territory of a Member State" means:

(a) removed from the territory of a Member State in breach of its rules on the protection of national treasures or in breach of Regulation (EC) No 116/2009 on the export of cultural goods; or

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

Änderungsgeschichte
  • Amended by L.N. 306 of 2015