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

S.L. 445.4 Art. 6Proceedings to seek cultural objects.

In forceOfficial text

(1) The Superintendence shall -

(a) upon application by the requesting Member State, seek a specified cultural object which has been unlawfully removed from its territory, identifying the possessor and, or holder. The application shall include all information needed to facilitate the search, with particular reference to the actual or presumed location of the object; [

(b) notify the Member States concerned, where a cultural object is found in their own territory and there are reasonable grounds for believing that it has been unlawfully removed from the territory of another Member State;

(c) enable the competent authorities of the requesting Member State to check that the object in question is a cultural object, provided that the check is made within six months of the notification provided for in paragraph (b). If it is not made within the stipulated period, paragraphs (d) and (e) shall cease to apply;

(d) take any necessary measures, in cooperation with the Member State concerned, for the physical preservation of the cultural object;

(e) prevent, by the necessary interim measures, any action to evade the return procedure;

(f) act as intermediary between the possessor and, or holder and the requesting Member State with regard to return. To that end, the competent authorities of the requested Member State may, without prejudice to regulation 7, first facilitate the implementation of an arbitration procedure, in accordance with the national legislation of the requested Member State and provided that the requesting Member State and the possessor or holder give their formal approval.

(2) In order to cooperate with and consult each other, the central authorities of the Member States shall use a module of the Internal Market Information System (‘IMI’) established by Regulation (EU) No 1024/2012 specifically customised for cultural objects. They may also use the IMI to disseminate relevant case-related information concerning cultural objects which have been stolen or unlawfully removed from their territory. The Member States shall decide on the use of the IMI by other competent authorities for the purposes of these regulations.

Amendment history
  • Amended by L.N. 306 of 2015