§4
Rights and obligations of the owner of a museum or gallery
(1) The owner of the museum or gallery shall have the following rights:
g) to offer a collection item deaccessioned in accordance with section 10(8)(e) to another museum or gallery established in accordance with section 3(1),
§ 10
Professional recording of information on collection items and the deaccessioning of collection items
(1) A museum or gallery must record information on newly acquired collection objects in the specialised records of the museum collection or gallery collection.
(2) The purpose of the specialised records is to provide a unique identity for each collection item and to determine its scholarly, historical, cultural and aesthetic value. A catalogue based on the professional assessment and scholarly study of collection items shall be an integral part of the knowledge system of the museum or gallery.
(3) Professional recording of collection items shall be carried out in two stages:
a) stage I is the logging of collection items; collection items shall be logged in the accessions register. b) stage II is the formal cataloguing of collection items.
(4) The formal cataloguing of a collection item shall take place no later than one year from its acquisition. The museum shall perform formal cataloguing in the form of a catalogue entry containing a formal, technical description of the collection item allowing it to be uniquely identified. A gallery shall carry out cataloguing on a documentation card.
(5) Every museum must submit information on its catalogue to the Slovak National Museum in electronic format annually for inclusion in the central catalogue of museum collection items and cooperate in the digitisation of collection items.
(6) Every gallery must submit information on its catalogue to the Slovak National Gallery in electronic format annually for inclusion in the central catalogue of visual art collection items and cooperate in the digitisation of collection items.
(7) A security interest may not be established in a collection item13) and nor may it be burdened in any other way. Collection items shall not be subject to execution proceedings under applicable regulations14) or bankruptcy proceedings under applicable regulations15)
(8) A collection item may be deaccessioned in the event of
a) destruction,
b) theft,
c) permanent export,
d) exchange,
e) if the collection item is incompatible with the profile and specialisation of the museum or gallery and
reduces the value of the museum collection, and the conditions set out in subsections (9) and (10) have
been satisfied,
f) release to an eligible person under applicable regulations.16)
(9) In the case of a collection item belonging to a museum or gallery owned by a central state administration body, deaccessioning under subsection (8)(e) is permissible only if the item is transferred to the custody of another museum or gallery owned by a central state administration body under an agreement made in accordance with the relevant regulations7) or transferred to the ownership of a municipality or higher-tier territorial unit and the custody of a museum or gallery owned by the municipality or higher-tier territorial unit under an agreement made in accordance with the relevant regulations7).
(10) In the case of a collection belonging to a museum or gallery established under section 3 (1)(b) or (c), deaccessioning under subsection (8)(e) is permissible only if the item is transferred to the custody of
another museum or gallery belonging to the same owner under an agreement made in accordance with the relevant regulations17) or if it is transferred to the ownership of a municipality or higher-tier territorial unit and the custody of a museum or gallery owned by the municipality or higher-tier territorial unit in accordance with section 3 (1)(b) or (c) or to another museum or gallery established under section 3(1)(a).
(11) A proposal for the deaccessioning of a collection item from the museum or gallery shall be assessed by the Commission on the initiative of the Statutory Body. The opinion of the Commission shall be binding for the Statutory Body.
(12) The Statutory Body shall submit the proposal for the deaccessioning of the collection item and the positive opinion of the Commission to the owner, who shall decide whether to consent to the deaccessioning of the collection item. Without such consent, deaccessioning of the collection item shall not be permissible.
(13) Records of acquisitions, cataloguing and deaccessioning shall be kept indefinitely.
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