Classification systems

Classification means the process of granting an object a special protected status, prohibiting any deaccessioning or disposal without explicit consent of a higher body.

Countries with a Classification system

Classification systems and deaccessioning

There are 10 countries in Europe that work with the concept of classifying museum objects. The inalienation of museum objects collides with the classification of all museum objects (that is used in France, Spain, Italy, Greece and Romania)

Although all laws use slightly different descriptions to describe a classified object, a general definition is that a classified object holds a high national value (whether it be artistic, historical, cultural, social, scientific or technical) and is, thus, irreplaceable.

The declaration of a classified object is executed by different institutions in every country.

Countries with an Classification system

Country	Classification system
Belgium	Belgium has no national classification scheme
Czech Republic	The Czech Republic works with a classification system of museum objects.
France	France has a classification system for museum objects. All objects that enter a museum inventory are directly classified.
Greece	Greece has a classification system for museum objects
Hungary	Hungary has a classification scheme for museum objects.
Italy	Italy has a national classification system for museum objects, called the declaration of cultural interest. Legislative Decree 22 January 2004, n. 42 Code of cultural heritage and landscape, in accordance with article 10 of the law of 6 July 2002 §11-15 Art. 11 Things subject to specific protection provisions 1. The following types of things are subject to the provisions expressly referred to: (paragraph as amended by Article 2 of Legislative Decree No. 62 of 2008) a) the frescoes, the coats of arms, the graffiti, the headstones, the inscriptions, the tabernacles and other decorative elements of buildings, exposed or not to the public view, referred to in article 50 , paragraph 1; (letter as amended by Article 2 of Legislative Decree No. 156 of 2006) b) the artist’s studies, referred to in Article 51 ; c) the public areas referred to in Article 52 ; d) works of painting, sculpture, graphics and any art object of living author or whose execution does not date back more than seventy years, in terms of articles 64 and 65 ; (letter as amended by Article 1, paragraph 175, letter b), law no. 124 of 2017) e) the works of contemporary architecture of particular artistic value, in terms of Article 37 ; f) photographs, with relative negatives and matrices, the exemplars of cinematographic, audiovisual or sequences of moving images, the documentations of manifestations, sound or verbal, however realized, whose production dates back over twenty five years, in terms of ‘ Article 65, paragraph 3, letter c) ; g) means of transport more than seventy-five years, in accordance with articles 65 , paragraph 3, letter c), and article 67, paragraph 2 ; h) assets and instruments of interest for the history of science and technology of more than fifty years, in terms of Article 65, paragraph 3, letter c) ; i) the vestiges identified by the current legislation on the protection of the historical patrimony of the First World War, referred to in article 50 , paragraph 2. 1-bis. For the matters referred to in paragraph 1, the applicability of the provisions referred to in Articles 12 and 13 remains valid, if the conditions and conditions established by Article 10 are met. (Paragraph introduced by Article 2 of Legislative Decree no. No. 62 of 2008) Art. 12. Verification of cultural interest 1. The things indicated in article 10, paragraph 1 , which are the work of an author no longer living and whose execution dates back to over seventy years, are subject to the provisions of this Part until the verification referred to in paragraph 2. (paragraph thus replaced by Article 4, paragraph 16, Law No. 106 of 2011, then amended by Article 1, paragraph 175, letter c), Law no. 124 of 2017) 2. The competent organs of the Ministry, ex officio or at the request formulated by the subjects to whom belong and accompanied by the relative cognitive data, verify the existence of artistic, historical, archaeological or ethno-anthropological interest in the matters referred to in paragraph 1, on base of general addresses established by the Ministry itself in order to ensure uniformity of assessment. 3. For the real estate of the State, the request referred to in paragraph 2 shall be accompanied by lists of assets and the related descriptions. The criteria for the preparation of the lists, the procedures for drawing up the descriptive cards and the transmission of lists and forms are established by decree of the Ministry adopted in agreement with the State Property Agency and, for real estate used by the defense administration , also with the concert of the competent general management of the works and of the public domain. The Ministry establishes, with its own decrees, the criteria and procedures for the preparation and presentation of verification requests, and the related fact-finding documentation, by the other parties referred to in paragraph 1. 4. If the interest referred to in paragraph 2 has not been found in the items subject to verification, the same things are excluded from the application of the provisions of this Title. 5. In case of verification with negative result on things belonging to the state property, the regions and other local public bodies, the card containing the relevant data is transmitted to the competent offices so that they can be de-federation if, according to the assessments of the administration interested, there are no other reasons of public interest. 6. The things referred to in paragraph 4 and those referred to in paragraph 5 for which the de-standardization has been carried out are freely transferable, for the purposes of this code. (paragraph as amended by Article 2 of Legislative Decree No. 156 of 2006) 7. The assessment of the artistic, historical, archaeological or ethno-anthropological interest, carried out in accordance with the general guidelines referred to in paragraph 2, constitutes a declaration pursuant to Article 13 and the relevant provision is transcribed in accordance with Article 15, comma 2. The assets remain permanently subject to the provisions of this Title. 8. The descriptions of the buildings owned by the State subject to verification with positive results, integrated with the provision referred to in paragraph 7, flow into an IT archive , kept at the Ministry and accessible to the Ministry and the State Property Agency, purposes of monitoring real estate assets and planning interventions according to their respective institutional competences. (paragraph as amended by Article 2 of Legislative Decree No. 62 of 2008) 9. The provisions of this article apply to the matters referred to in paragraph 1 even if the subjects to which they belong mutate in any way their legal nature. 10. The verification process ends within one hundred and twenty days of receipt of the request. (paragraph thus replaced by Article 2 of Legislative Decree No. 156 of 2006) Art. 13. Declaration of cultural interest 1. The declaration ascertains the existence, in the object which is the object thereof, of the interest required by Article 10, paragraph 3 . 2. The declaration is not required for the goods referred to in article 10, paragraph 2 . These assets remain protected even if the subjects to which they belong change their legal nature in any way. Art. 14. Procedure for declaration 1. The superintendent initiates the procedure for the declaration of cultural interest, even on the motivated request of the region and of any other interested territorial entity, giving notice to the owner, owner or holder for any reason whatsoever. 2. The communication contains the elements of identification and assessment of the thing resulting from the first investigations, the indication of the effects provided for in paragraph 4, as well as the indication of the term, in any case not less than thirty days, for the presentation of any observations. 3. If the proceedings concern real estate complexes, the communication is also sent to the municipality and to the metropolitan city. (paragraph as amended by Article 2 of Legislative Decree No. 156 of 2006) 4. The communication involves the application, as a precautionary measure, of the provisions of Chapter II, Section I of Chapter III and Section I of Chapter IV of this Title. 5. The effects indicated in paragraph 4 cease at the end of the term of the declaration procedure, which the Ministry establishes in accordance with the current legal provisions on the administrative procedure. (paragraph as amended by Article 2 of Legislative Decree No. 62 of 2008) 6. The declaration of cultural interest is adopted by the Ministry. For the matters referred to in Article 10, paragraph 3, letter d-bis), the declaration is adopted by the competent central body of the Ministry. (paragraph as amended by article 1, paragraph 175, letter d), law n. 124 of 2017) Art. 15. Notification of the declaration 1. The declaration provided for in article 13 shall be notified to the owner, holder or holder in any capacity of the object which is the object thereof, by means of a municipal messenger or by registered post with acknowledgment of receipt. 2. In the case of things subject to property or movable advertising, the provision of declaration is transcribed, at the request of the superintendent, in the relative registers and is effective with respect to any subsequent owner, owner or holder for any reason. 2-bis. Of the declared assets, the Ministry forms and keeps a special list, also on an IT support. (paragraph introduced by Article 2 of Legislative Decree No. 62 of 2008)
Portugal	Portugal has a classification system for museum objects, found in the Fundamental Law on Portuguese cultural heritage SectionII SECTION II Administrative procedure Article 23 Subsidiary law For any matters not expressly provided for in this Title, the principles and the provisions of the Code of Administrative Procedure shall apply to administrative procedures laid down in the cultural heritage statute. Article 24 General completion terms 1.Where the nature and the extent of the tasks so permit, the inventory procedure must be completed within a maximum one-year term. 2.The classification procedure must be completed within a maximum one-year term. 3. Where, within the scope of the same procedure, groups of buildings, sites, collections, holdings or equivalent realities are at issue, the person in charge may extend the aforementioned terms to the limit of the corresponding maximum terms. 4.The definition of a special protection zone is subject to a maximum 18-month term. 5. Once the procedural terms provided for in the foregoing paragraphs have elapsed, any concerned party may, within a 60-day term, denounce the procedural delay, in which case the Public Administration will have to take an express decision subject to an identical term, under penalty of termination of the procedure. Article 25 Opening of the procedure 1.The incitement underlying the institution of an administrative procedure for classification or inventory may originate in any person, whether natural or juristic, public or private, national or foreign. 2.The formal initiative of the procedure shall be the responsibility of the State, the Autonomous Regions, the local authorities or any natural or juristic person bearing legitimacy in accordance with general terms. 3.For the purposes of giving notice of the act that directs the opening of the procedure, the municipality of the area of location of the asset shall also be considered a concerned party. 4.The assets undergoing a classification procedure shall be submitted to a special condition, under the terms of the law. 5.An asset shall be considered in the course of classification from notice or publication of the act that directs the opening of the corresponding procedure, under the terms of paragraph 1 hereof, within the maximum term of 60 working days as from filing of the relevant application. Article 26 Investigation of the procedure 1.The investigation of the procedure is incumbent on the relevant department of the entity responsible for the final decision, in compliance with its constitutional and organic laws and further regulatory statute. 2. The tasks and specific functions of the procedure may be assigned to non-public entities, provided the exercise of any ablatitious acts is excluded. 3.During the investigation of the procedure the qualified advisory bodies shall be heard in accordance with the law. Article 27 Hearing of the concerned parties 1.The concerned parties shall bear the burden of providing the investigation of the procedure with any and all facts and data able to lead to a just and expeditious decision, and they must be heard before a final decision is taken under the terms of the Administrative Procedure Code. 2.Where the number of concerned parties exceeds 10, there shall be organised a public consultation under the terms of the Administrative Procedure Code. Article 28 Form of the acts 1. The classification of an asset as bearing national interest shall operate through a Government decree. 2. The classification of an asset as bearing public interest shall operate through a ministerial order. 3.The form of the remaining acts to be exercised shall comply with the provisions of the applicable law. 4. Any final act of a procedure on a concrete form of protection shall be duly grounded and strictly identify the relevant asset or universitas components. Article 29 Notification, publication and effects of the decision 1.The final decision shall be notified to the concerned parties and to the municipality of location of the asset, where the service in charge of the investigation of the procedure is not integrated in the latter, as well as to any associations which may have taken part in the investigation of the procedure. 2.Every final decision shall be published. 3.The decision takes effect as of the date of its notice to the directly concerned parties. Article 30 Revocation procedure The provisions of this section shall apply, mutatis mutandis, to extinctive procedures relating to acts having established any form of protection.
Romania	Romania has a classification system for museum objects. Classification Art. 12 (1) Classification shall be performed on the basis of an expertise report elaborated by experts or specialists licensed by the National Commission of Museums and Collections. (at 16th of April 2004 Chapter II, art. 3, paragraph 12, paragraph (1) modified by art. 1, paragraph 6 of Law 105/2004) (2) The classification of an object must be completed within 3 months from the moment the procedure of classification began. (3)The competent scientific organism proficient in deciding on the classification submitting is the National Commission of Museums and Collections. (4)The classification decision will be signed by the president of the National Commission of Museums and Collections and will be approved by the Minister of Culture’s order, within the term stipulated under paragraph (2). (5)The conclusions of the expertise report identifying the respective movable cultural object, the standard datasheet of the object and a colour or black and white photograph will be attached to the classification decision. (6)In the case of movable cultural objects that were not submitted for classification, the conclusions of the expertise report containing the identification data of the goods will be communicated to the bearers of other real rights within 30 days after the expertise is over. (7)The expertise of the movable cultural objects that were not submitted to classification can be contested at the National Commission of Museums and Collections within 10 days after the handbill of the expert or specialist is received. The result of the contestation will be communicated within 20 days. (at 16th of April 2004 Chapter II, art. 12, paragraph (7), modified by art. 1, paragraph 6 of Law 105/2004)
Slovenia	Slovenia has a classification system for museum objects. It can proclaim cultural monuments by the Law on the protection on cultural heritage §19 Proclamation of a moving monument Article 19 (proclamation of a moving monument) (1) Premises and collections of movable property entered in a register which are not in the management of a state or authorized museum and which are not entered in its inventory, become monuments with proclamation. (2) The proposal for a proclamation on the basis of its own judgment or at the proposal of the petitioner shall be prepared by the state or authorized museum. If the museum rejects the initiative for the proclamation, it must inform the initiator by its decision. (3) The museum must inform the owner of the movable heritage, which is supposed to be declared a monument, about the preparation of the proposal for proclamation, and obtain a consent for the proclamation from him. Movable heritage without the consent of the owner can not be declared a monument unless the owner of the heritage is unknown. (4) A collection may be declared a monumental collection only if all individual movables are entered in the inventory of the collection according to the criteria set out in Article 18 of this Act. (5) If the proclamation procedure relates to geological collections containing minerals or fossils, the consent of the Minister responsible for nature conservation must be obtained. (6) The monument of national importance shall be proclaimed by a decree of the Government, and the monument of local importance shall be determined by the decree of the representative body of the province or municipality. (7) The act of proclamation shall include the identification of the monument, the values justifying the proclamation of the monument, and the protection regime of the monument.
Spain	Spain works with a system of declared goods of cultural interest. All museum objects are automatically declared of cultural interest.

Dieuwertje Wijsmuller2018-01-05T15:18:24+01:00

About the Author: Dieuwertje Wijsmuller

Dieuwertje Wijsmuller (Baarn, 1981) is a Dutch museologist, specialized in deaccessioning and disposal practices. With her company CreativeCultureConsultancy she supports museums, city councils and private (corporate) collections in collection management issues. She believes that processes such as deaccessioning and disposal should be executed on a transparent and responsible way and supports institutions in implementing such processes.