Every country in the European Union has developed legislation around cultural heritage. However, not all countries have developed specific legislation on deaccessioning and disposal. The parameter Legislation shows all specific articles within laws, acts and decrees that speak about deaccessioning and disposal.
Countries with legislation on deaccessioning and disposal
Countries with legislation
Country | Legislation |
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Austria | Bundesgesetz betreffend den Schutz von Denkmalen wegen ihrer geschichtlichen, künstlerischen oder sonstigen kulturellen Bedeutung (Denkmalschutzgesetz – DMSG) – Veräußerung und Belastung von Denkmalen – Einheit von Sammlungen (§6) Federal act – Sale and burden of monuments – Unity of collections § 6ArticleFederal Act concerning the protection of monuments for their historical, artistic or other cultural significance – Sale and burden of monuments – Unity of collections § 6. (1) The voluntary sale of monuments, which are only by legal presumption under monument protection (§ 2 exp. 1), requires the approval of the Federal Monuments Office. If such monuments are voluntarily sold without the approval of the Federal Monuments Office, so that at least half of them are owned by persons not mentioned in § 2 (1) sentence 1, they are still subject to the provisions of § 2 (1) and the resulting provisions legal consequences. Insofar as the voluntary sale is effected by law, this continuance ends five years after the transfer of ownership. (2) The authorization to sell pursuant to para. 1 may only be granted if the acquirer is named at the same time. Before deciding whether to grant or refuse authorization to sell to a person not mentioned in § 2, it must be ascertained in accordance with § 2 (2) whether a public interest in preserving the monument actually exists. In the case of a finding of non-existence, the procedure for the question of granting the sale must be deemed to be devoid of purpose. (3) The license pursuant to paragraph 1 shall expire if it is not exercised within five years. (4) The sale of monuments, the preservation of which by ordinance pursuant to Section 2a or by decision pursuant to Section 3 (1) or in accordance with any other procedure referred to in Section 2 (3) has been found to be in the public interest or in respect of which a sub-protection proceeding has been initiated has become (§ 16 para. 2), the seller (or other authorized persons, such as the commission agent) under naming the acquirer within two weeks to the Federal Monuments Office. The determination of the public interest is not affected by the change of ownership. Without prejudice to the provisions of § 2a (7) and § 3 (3), the seller (or other person entitled to dispose of the goods) is obliged to inform the purchaser of such a monument, (5) The voluntary sale or encumbrance of individual objects from a collection requires the written approval of the Federal Monuments Office if the Federal Monuments Office has listed this collection as a unit (§ 1 para. 4 and 5) under monument protection. Voluntary sale or encumbrance without such authorization is prohibited and void under Section 879 of the General Civil Code. An execution on individual objects of such a collection is to be stopped at the request of the Federal Monuments Office. If the execution is carried out on all objects of such a collection, they can only be used together if the Federal Monuments Office informs the court in time that it is a uniform collection in the sense cited above. The fact, The fact that objects of a collection declared to be a unit became the property (co-ownership) of several persons in the meantime (for example through inheritance) does not change the legal continuity of this collection as a unit. In this case, the Federal Monuments Office can ex officio abolish the unity of the collection or remand units by decision.
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Belgium | Flanders: The new Cultural Heritage Decree (Cultureel Erfgoed decreet, Feb. 2017) describes that one of the tasks of museums is the relocation of objects. Cultural Heritage Decree – the functions of museums- §3.8A §3.8. A function: core task in cultural heritage function (of museum). The functions are: Wallonia: – Décret relatif aux biens culturels mobiliers et au patrimoine immatériel de la Communauté française (2002): §10. Any owner of the real rights in a classified property must, before disposing of these rights, whether free of charge or onerous, notify: |
Bulgaria | Specific legislation on deaccessioning and disposal of museum objects can be found in the Cultural Heritage Act, 2009 Cultural heritage Act 2009 – § 114 Art. 114. (1) Museums may perform deals with cultural valuables under the terms and conditions of this law. (2) (In force from 10.04.2010) The national, regional and municipal museums and museums with joint participation may perform legal deals with cultural valuables only from their exchange fund after permission of the Minister of Culture or by the head of the institution, where they belong, respectively, by the Mayor of the municipality. (3) Private museums may perform legal deals with cultural valuables of the basic and exchange fund, as provided by Art. 113, Para. 2. (4) The revenues under Para. 2 and 3 shall remain in the budget of the relevant museum and shall be sent only for acquiring, conservation and restoration of cultural valuables. (5) The museums may receive donations from legal and natural persons of items, which may be defined as cultural valuables and have not been identified and registered as provided by this law. (via www.eui.eu)
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Croatia | Specific legislation on deaccessioning and disposal: §10: (1) Museums and galleries, as well as museums, galleries and collections within legal entities may obtain museum material and museum documentation by purchasing, donating, inheriting, exchanging, fieldwork and exploration and other legally permissible ways. (2) Museums and galleries, founders or co-founders of the Republic of Croatia, the counties, the City of Zagreb, cities and municipalities and museums, galleries and collections within public institutions can only be sold, donated and replaced by museum materials and documentation only with the prior approval of the ministry responsible for affairs culture in the opinion of the Croatian Museum Council. The materials obtained by selling museum materials and documentation can only be used for the procurement of museum materials and museum documentation. (3) A legal contract concluded in contravention of the provisions of paragraph 2 of this Article shall be deemed to be null and void. (Article 2: Museum activity is of interest to the Republic of Croatia) §12: (1) Museums and galleries and legal entities within which museums, galleries and collections may, on the basis of a written contract, entrust museum artefacts and museum documentation to the preservation and exposure of another museum and gallery and to another legal person or a state body that meets the prescribed conditions for preservation entrusted to them the materials and documentation specified in the Ordinance referred to in Article 9, paragraph 2 of this Act. (2) Museum material and documentation owned by foreign museums and galleries or by a foreign state which, on the basis of a written contract, may dispose of and acquire museums and galleries and legal entities within which museums, galleries and collections for the purpose of exhibitions and professional and scientific processing may not be the subject of a custody and insurance under a special regulation if the minister responsible for culture has issued a guarantee that these moves are exempt from custody and insurance in the Republic of Croatia. (3) A legal transaction that has been made contrary to paragraph 1 of this Article shall be deemed to be null and void.
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Cyprus | Specific legislation on deaccessioning and disposal is found in §29: The Committee referred to in section 27 may, with the approval of the Council of Ministers, dispose of by sale, exchange or otherwise any antiquity the property of the Government which is not required for the Cyprus Museum or any District or Local Museum. |
Czech Republic | Specific legislation on deaccessioning and disposal: §8: Cancellation of a statement as a cultural monument (1) In the case of a national cultural monument, the Ministry of Culture may, at the request of the owner of a cultural monument or organization, to cancel the proclamation of a cultural monument for the extraordinary serious reasons for the declaration of the object as a cultural monument, , or on their own initiative. (2) The Ministry of Culture shall request an opinion of the Regional Authority and the Municipal Authority of the Municipality with Extended Competence, or the Statement of the Academy of Sciences of the Czech Republic, if it is an archaeological finding declared as a cultural monument, unless the cancellation of a declaration by the Academy of Sciences of the Czech Republic has itself been requested. In the event that the owner of a cultural monument is not the applicant for the cancellation of a declaration, he must be allowed to take part in the examination of the case and to annul the statement. (3) The Ministry of Culture may make the cancellation of the declaration conditional on the prior fulfillment of the conditions specified by it. Costs incurred to meet the conditions are borne by the applicant and, in the event that the Ministry of Culture initiates the procedure for the cancellation of a declaration, the costs incurred by the Ministry of Culture shall be borne by the party in whose interest the declaration is canceled. (4) Paragraph 3 (4) shall also apply mutatis mutandis to the cancellation of the declaration. (5) The details of the cancellation of a declaration of a thing as a cultural monument shall be laid down in a generally binding legal regulation. §18 Relocation of a cultural monument (1) The national cultural monument and the immovable cultural monument, or their part (accessories) may be relocated only with the prior consent of the Ministry of Culture. (2) Movement of a cultural monument can be permanently transferred from a publicly accessible place only with the prior approval of the regional authority after the expert organization of the state monument care. (3) An authority which has given consent for the relocation of a cultural monument pursuant to paragraphs 1 and 2 shall inform the professional organization of the state monument care. |
Denmark | Specific legislation on deaccessioning and disposal can be found in the Consolidated Act on Museums (2006) §5.11.2 & §6.14.ix 5.11.(2) In special circumstances, the museums owned by the state may dispose of objects from the collections, subject to the approval of the Minister for Culture. Regarding the museums referred to in Section 9, such approval shall be granted by the Minister for Science, Technology and Innovation. 6.14.ix: The museum may not dispose of objects from the collections to museums other than those owned or subsidised by the state, except with permission from the Minister for Culture. |
Estonia | Specific legislation on deaccessioning and disposal is found in the (1) A museum object of a museum that has joined the database of museums shall be deaccessioned from a museum collection if the museum object: (2) A museum object may be deaccessioned from the museum collection if: (3) The deaccessioning of a museum object from the museum collection on the basis provided for in subsections (1) and (2) of this section and the selection of the manner of disposal of the museum object shall be conducted on the decision of the founder of the museum, taking account of the reasoned proposal of the head of the museum, a person appointed by the founder of a museum of a person in public law or a decision making body thereof, to which the opinion of an independent expert is appended. (4) A damaged and irrecoverable thing deaccessioned from a state-owned museum shall be written off and destructed on the basis of subsection 55 (2) of the State Assets Act pursuant to the procedure established by the administrator of state assets for declaring state assets unserviceable, writing off and destructing state assets. (5) A thing deaccessioned from the museum collection of a state museum on the basis of subsection (2) of this section shall be taken into use in the same or another museum that has joined the database of museums for the purpose of supporting the functions of the museum, transferred to a library or archives or returned to the person who has donated or sold the thing to the museum. (6) If the activities provided for in subsection (5) of this section are impossible, the thing shall be transferred for a consideration at a public auction, regardless of the usual value of the museum object. (7) The public auction shall be held electronically and the auctioneer for the purposes of the State Assets Act shall be the Ministry of Culture. (8) If, on the assessment of the administrator of the state assets, the expenses of the transfer were over the profit to be gained or if it is impossible to transfer a thing at a public auction, it shall be written off and destructed pursuant to the procedure for declaring the state assets unserviceable, writing off and destructing thereof, established by the administrator of state assets on the basis of subsection 55 (2) of the State Assets Act. (1) A museum object may not be transferred or encumbered with a pledge unless otherwise provided for by this Act. (2) The transfer of a museum object to a museum, library or the National Archives under the conditions and pursuant to the procedure provided for in § 7 of this Act shall not be considered a transfer. (3) A museum object included in the museum collection of a state-owned museum may be granted for use and deaccessioned from the museum collection only on the bases provided for in this Act. (4) Upon the termination of a museum of a person in public law, municipal museum or private museum, in the case of the transfer of a museum object free of charge the owner of the museum collection is required to offer the museum object first to the state and after the state has surrendered may transfer thereof to another person. Upon the transfer of a museum object for a consideration the state shall have the right of pre-emption. The provisions of the Law of Obligations Act with regard to the right of pre-emption shall be applied to the transfer of a museum object. External link Estonian Museum Act |
Finland | Specific legislation on deaccessioning and disposal in only found in the Movable objects in a church or other public building, or belonging to such a building, which relate to the memory of ancient traditions or skills, and which are not private property, such as old paintings, works of sculpture, or other works of art, valuables, coats of arms, robes, armour, banners, weapons, poor-boxes, or other such items, shall not he destroyed or transferred before [the National Board of Antiquities and Historical Monuments] has been informed of the matter and has duly dealt with it. The Board is entitled to have a replica or copy made of the object and to have it photographed, and, when the item is to be destroyed or transferred to the possession of a private person, to redeem it for the National Museum of Finland. External link to Finnish Antiquities Act External link to Finnish Antiquities Act |
France | The possibility of declassification has been presented in the Specific articles referring to deaccessioning are Code du Patrimoine Article L. 451-5Code du Patrimoine Article L. 451-5The property forming the collections of the Musées de France belonging to a public entity is part of their public domain and as such are inalienable. Decisions on the declassifying any such property may only be taken after the approval of a scientific commission whose composition and operating procedures are determined by decree.)
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Greece | Greece adheres to the law 3028 For the Protection of Antiquities and Cultural Heritage in General. There is no legislation on deaccessioning and disposal, only on the transfer of museum objects. law 3028 For the Protection of Antiquities and Cultural Heritage in General §4-45-11 Transfer of ownership of objects forming part of collections of recognized museums which belong to a legal person of public law or local government agencies or legal persons of private laws of the broader public sector maybe exceptionally allowed, either to the state, upon authorization by the Minister of Culture, following an opinion of the Council, preferably to such legal persons for the purpose of being deposited to another museum collection” External link For the Protection of Antiquities and Cultural Heritage in General. |
Hungary | Hungary has a lot of legislation, making deaccessioning and disposal possible: Fundamental law of Hungary , 38. cikk (4) The Protocol may include a proposal for the determination of further use and handling of cultural goods examined during the revision, which may (a) the identification of cultural goods as master material; (b) in the case of cultural goods proposed for deletion of inventory ba) to transfer to another collection of institutions; bb) the Cult. (2) of Section 38 (a) as a substitute; bc) for use in museum or educational purposes in the institution or other institution; bd) for the purpose of providing educational education within the meaning of the Act on Public Education or higher education instituted under the Act on National Higher Education; be used as a stationary or consumable substance or as a substance at the institution; or (c) the culling thereof under this Regulation (hereinafter referred to as the “disposal proposal”). 2011. évi CXCVI. Law about national assets §11. §10, §16, §9 (9) Central budgetary organs may transfer the rights and obligations contained in the Trust Contract, with the exception of rights and obligations relating to immovable property, by contract. (10) 52 The contract for the utilization of national assets may only be concluded with a natural person or a transparent organization. The recovery contract may be concluded for an indefinite period of time or for a fixed period of not more than 15 years, which shall be extended by a maximum of 5 years once, provided that all the obligations of recovery are fulfilled without delay. The restriction under this paragraph does not apply to a contract concluded with a State, a budgetary authority, a local government or a local government association. (16) 56 In the case of a national property owned by a local government and in the case of a national property owned by a local government, the national assets above the thresholds laid down in the law or the local government decree are to be utilized – except by law – only by way of bidding to the best bidder of the highest value, may. 2011. évi CXCVI. Law about national assets 13. §1, §2, §3 (1) In the case of a national property owned by a local authority, the law of a national property over the limit set in the law of the local government or the local government decree – if not an exception to law – shall be transferred only by way of a tendering procedure to the most advantageous tender, and may be the value ratio of the remuneration. 70 (2) Transfer of national property rights to a natural person or a transparent organization. (3) 71 Ownership of national property may be transferred free of charge only in cases and conditions determined by law. 72 The ceded property belonging to national assets, if it is not necessary for the performance of the public task, may be transferred freely by the property right holder. 2007. évi CVI.Law about national assets §33 -37 General rules of alienation Section 33 (1) 123 The transfer of ownership of state property, including the provision of property to a business association as a non-monetary service, unless the law provides otherwise, shall only be entitled to the right of ownership. In order to carry out the sale, the proprietorship lawyer may commission a third party in accordance with the legal provisions on public procurement. 124 (2) The Central Budgetary Bodies are no longer required to use the intangible assets, equipment (technical equipment, machinery, equipment, etc.) as required by the Accounting Act, for the sale of inventories, with the exception of real estates, if they have their individual book gross does not exceed the limit set by the annual budget law. 125 Section 34 (1) Sales, depending on the nature of the property a) you are directly b) indirectly can be done. (2) The assets may be sold directly as follows: (a) through public or private tenders, (b) 126 public auctions, including electronic auctions (hereinafter referred to as points ( a) and (b) together with competition); (c) exceptionally without competition. (3) The assets may be sold indirectly, subject to the provisions of Section 35 (2), as follows: (a) public or private placement on the market, (b) offering for sale to a public or private sale, or (c) a mandate for sale on a regulated market. Article 35 (1) The transferor of the transfer of ownership of the property if the law or the government decree issued pursuant to its authorization does not make an exception shall attempt to compete with the competitor. (2) Competing can be overruled: (a) 127 in the case of a State shareholding or real estate exchange, b) public property to a business association when it is made available as a non-monetary contribution, c) in the case of a right to sell under a public bid, d) in the case of the sale of shares of a public limited company with minority state influence if, after the successful acquirer of a shareholder acquires a public or voluntary bid, (e) the right to buy on public property – not subject to point (d) – f) in the case of the implementation of the law on the construction of land or in the case of an agreement on the change of ownership necessary for the execution of the plots, (g) in the case of sale to the holder of a pre-emptive right if the ownership of the land and the superstructure on which it is based has previously been divorced or, the rules for abolishing joint ownership are applied, h) in case of sale to a local government, (i) in the case of the sale of property of small value, not attributable to the individual gross market value specified in the annual budget act, 128 (j) in the case of a sale for the purpose of the execution of an international contract, (k) in the case of sales to a foreign State, in cases not covered by point ( j) l) 129 classified information, or in the case of a country requiring essential security, national security interests or special security measures, (m) in the case of the sale of goods specifically intended for military, law enforcement and law enforcement purposes in the field of defense, n) In the interest of the public interest of 130 for social, development or other aspects, the implementation of the given transaction is highly justified and the Government has taken a public decision in this regard to refrain from competing. (2a) 131 In the case of the exchange of financial assets with a state-owned financial instrument, the 2011 CXCVI. (1) of the Act on the Competition Act does not apply. (3) The application may be public or private. (4) The application is public if (a) the scope of the bidders can not be determined in advance; (b) the number of members of the specified bidders is unknown. (5) If the plaintiff, by setting appropriate time limits, solely invites the interested party to submit a bid, the tender shall be considered to be a private placement. Placing a private placement can only be made exceptionally. (6) Establishment of a purchase right for State property may only be effected in compliance with the sales regulations. The duration of the purchase right established in this way may exceed five years. (7) Detailed rules on the sale of state property are laid down in the Government Decree. (8) 132 By entering into the auction system of the MNV Zrt. As an auctioneer, the user registered in the auctioneer’s electronic register shall have the registered and activated user name and password. (9) 133 A registrant of the auctioneers may apply for the registration of any natural person or legal entity who complies with the CXCVI 2011 National Assets Act. (1) (1) of the Companies Act if it has accepted the Code of Conduct for the conditions of use of the electronic auction system as an auctioneer. Article 36 (1) The transfer of ownership of state property free of charge shall be governed by the law. 134 (2) Ownership of state property may be transferred freely (a) to fulfill an assistance or other obligation arising out of an international contract or membership of an international organization, 135 b) to prevent, mitigate or mitigate domestic or foreign disasters and serious disasters, 136 c) to promote the functions of 137 local governments in the form of a statutory or statutory mandate, 138 d) in favor of a multi-purpose micro-regional association in order to facilitate its tasks, e) To promote the public benefit organization of 139 special public-interest organizations in order to promote the public service tasks of the state or local government it has undertaken, and to promote the duties of the Hungarian Academy of Sciences and the Hungarian Academy of Arts, as provided for by law or by law, or the promotion of public service tasks order 140 f) in the case of renunciation of the ownership of property belonging to state property in the case of a court-approved agreement concluded by MNV Zrt. g) 141 promote the state or religious duties they carry out the church – particularly educational, social, family, child and youth protection, cultural – to promote the performance of the tasks. (3) 142 The Government shall decide by public decision on the free transfer pursuant to paragraph (2), with the exception of paragraph (6). 143 4. The cumulative value of assets transferable free of charge pursuant to paragraph 2 ( c) and (d) shall not exceed the total amount specified in the Budget Act of that year. 144 (5) In the name of the State as a legitimate heir, MNV Zrt. Shall be the last resident of the deceased for the inheritance, in the absence of the latter, for the benefit of the local government in the place of the estate, in the case of immovable property, in favor of the local self-government. (6) 145 The Board of Directors of MNV Zrt. Has the right to decide on the ownership of the movable property belonging to the local government of a value of HUF 10 million per annum per municipality for the purposes set out in paragraph 2 ( c) . The Board of Directors of MNV Zrt. Is obliged to disclose its decision to handover the movable property on the MNV Zrt. Website. (7) 146 The transfer of property referred to in paragraphs 2 to 6 shall be exempt. Article 37 (1) 147 The transfer of ownership of protected natural sites and values, state-of-the-art heritage, art treasures and historical (archeological) memorials and land owned by state may only be made in the cases and in the manner specified in the special law on this protected property. 38 / D. § 42 (1) Cultural property preserved in public collections maintained by public or local government bodies – in accordance with the provisions of Legislative Decree 38 / A-38 / C. In the possession of a property lawyer or a trustee on the basis of a proposal by the minister responsible for the protection of the cultural heritage, if he or she requests the preliminary opinion of the minister, in the case of a special fairness case, without having to compete, Vol. (2) The Government Decree establishes the detailed procedure for the procedure under paragraph 1 and the contract of exploitation. |
Italy | Italy has no direct legislation on deaccessioning and disposal, other than Art. 54. Inalienable goods 1. The assets of the cultural property listed below are inalienable: a) buildings and areas of archaeological interest; 2. They are also inalienable: a) the things belonging to the subjects indicated in the article 10, paragraph 1 , that are works of author no longer living and whose execution goes back to over seventy years, until the conclusion of the verification procedure foreseen by the article 12 . If the proceeding ends with a negative result, the same things are freely transferable, for the purposes of the present code, pursuant to article 12, paragraphs 4, 5 and 6 ; 3. The goods and property referred to in paragraphs 1 and 2 may be transferred between the State, the regions and other local public entities. In the case of goods or goods not delivered to the Ministry, the transfer is given prior notice to the Ministry for the purposes referred to in Articles 18 and 19 . 4. The goods and things referred to in paragraphs 1 and 2 may only be used in the manner and for the purposes set forth in Title II of this Part. This article describes the inalienability of museum objects and the possibility of transfer between museums. |
Latvia | Specific legislation on deaccessioning and disposal is found in the Law on Museums 2006 §13.6 & §13.7 (6) The following provisions shall be observed in relation to the objects and collections of the National Holdings: 1) it is prohibited to alienate individual objects or collections included in the National Holdings; 2) in alienating any collection or object included in the National Holdings, at first it shall be offered to another accredited museum with the intermediation and permission of the State Authority on Museums; and 3) it is prohibited to pledge objects or collections included in the National Holdings, and recovery proceedings may not be applied to them upon the request of a creditor. (7) An object may be withdrawn from the National Holdings if: 1) the object has significant damage, due to which it cannot be restored; 2) the object has been lost or naturally disintegrated; 3) the object has been acquired illegally; or 4) the object has lost the museum-related value thereof. External link latvian law on museums and the Regulations on Museum Stock of 2006 Section III III. National stock items are forfeited and removed from the National Stock 29. The national stock held by the museum may be expropriated: 29.1. the museum object, which, in accordance with the museum regulations (statutes, rules of procedure, contract) and collection policy, do not correspond to the museum’s mission; 29.2. museum objects if the museum is reorganized; 29.3. Separate copies of museum objects, if there are analogous copies of the museum’s basic contents; 29.4. the museum’s subject matter if the museum can not ensure its preservation. (Amended by Cabinet Regulation No. 1102 of 29 September 2009) 30. To dispose of the subject matter of the National stock held by the museum, the director (head) of the respective museum shall submit an application to the Ministry of Culture and an extract from the minutes of the meeting of the museum collection commission. If the reason for the disposal corresponds to the conditions referred to in Paragraph 29 of these Regulations , the Ministry of Culture shall publish in the newspaper Latvijas Vēstnesis information about the object of the museum to be expropriated. Museums may apply for the acquisition of a museum object to be divested within a month after the day of publication of the advertisement. The museum applications are reviewed and decided by the Ministry of Culture, taking into account the opinion of the Latvian Council of Museums. (Amended by Cabinet Regulation No. 1102 of 29 September 2009, Cabinet Regulation No.1409 of 08.12.2009 ) 31. Museums that are part of the National Collection may be disposed of to an accredited museum or another person registered in the Republic of Latvia. 32. If the museum or other person owning the subject matter of the National Collection wishes to dispose of it and transfer it to a museum with which agreement has been reached on the acquisition of the object in the ownership of the museum, the owner of the object or his authorized person submits an application to the Ministry of Culture, the museum director also a statement of the minutes of the meeting of the museum collection commission. If the alienation complies with Section 13, Paragraph six, clause 1 of the Museums Law and the conditions referred to in Paragraphs 29 and 31 of these Regulations, the Ministry of Culture examines the application, but does not publish the announcement on the alienation in the newspaper Latvijas Vēstnesis. When making a decision, the Ministry of Culture takes into account the opinion of the Latvian Museum Council. (Amended by Cabinet Regulation No. 1409 of 08.12.2009 ) 33. In order to alienate a museum item in the National Stock to a non-museum registered in the Republic of Latvia, the owner of the respective museum object shall submit an application to the Ministry of Culture. If the alienation complies with the condition referred to in Section 13, Paragraph six, Clause 1 of the Law on Museums , the Ministry of Culture publishes in the newspaper Latvijas Vēstnesis information about the museum object to be divested. Museums may apply for the acquisition of a museum object to be dispossessed within a month after publication of the advertisement. Applications are reviewed and decided by the Ministry of Culture, taking into account the opinion of the Latvian Council of Museums. (Amended by Cabinet Regulation No. 1409 of 08.12.2009 ) 34. If within a month after the day of publication of the advertisement in the newspaper Latvijas Vēstnesis, no museum requests to acquire objects disposable in the National stock, the museum or other person owning the relevant subject of the National Stock or the authorized representative of the owner may, in the case referred to in Paragraph 35 of these Regulations, In order to turn to the Ministry of Culture for removal of the item from the National stock, if the withdrawal meets the criteria referred to in Section 13, Paragraph seven of the Museums Law . (Amended by Cabinet Regulation No. 1409 of 08.12.2009 ) 35. In order to remove an item from the National Collection, the director of the museum (head) submits an application to the Ministry of Culture and an extract from the minutes of the meeting of the Museum Collection Commission, while other persons possessing a museum object included in the National Collection – an application. The submitted documents are reviewed by the Ministry of Culture. When making a decision, the Ministry of Culture takes into account the opinion of the Latvian Council of Museums and, if necessary, the opinion of the expert commission. (Amended by Cabinet Regulation No. 1409 of 08.12.2009 ) 36. The inventory numbers of items removed from the National Stock are prohibited for use in newly acquired items of the National Collection. External link Regulations on Museum Stock of 2006 |
Lithuania | Specific legislation on deaccessioning and disposal is found in the Law on the protection of movable cultural heritage §6.6 6. The movable cultural property included in the Register of Movable Cultural Property may be deleted from the Register of Movable Cultural Property where it is acquired by museums, libraries, and establishments of the state system of archives. An items of movable cultural property shall not be stricken from the State inventories, however it shall not be subject to the protection requirements set forth by this Law where the Commission for the Appraisal of Movable Cultural Property establishes that an item of movable cultural property: 1) has deteriorated or has been destroyed; 2) does not possess or has lost its cultural value. External link Lithuanian law on protection of movable cultural property |
Luxembourg | No specific legislation on deaccessioning and disposal was found in Luxembourg. |
Poland | Specific legislation on deaccessioning and disposal is found in the Act on Museums, 21 November, 1996 §23 1. Museums and local Government can make the conversion, sale or donation of the exhibits, with the permission of the Minister responsible for culture and protection of national heritage. Permission on the Exchange, sale or donation exhibits can only be granted in justified cases. Funds obtained from the sale of exhibits may be intended only to supplement the collection of the Museum. 2. the competent Minister for culture and protection of national heritage, after consultation with the Council for Museums, may issue a permit for the Exchange, sale or donation exhibits, on a proposal from the Director of the Museum reviewed by the Council. 3. In matters concerning the operation of the Council for the protection of struggle and martyrdom operations, referred to in paragraph 1. 1 and 2, require seeking its opinion. External link Act on Museums, 21 November, 1996 External link Act on Museums, 21 November, 1996 |
Portugal | Portugal has some legislation on deaccessioning and disposal, in the Fundamental law on the Portuguese cultural heritage Section II SECTION II Disposal and pre-emption rights Article 35 Transfer of classified assets The law shall define the limitations to the transfer of classified assets, or assets under classification, that are owned by public juristic persons or other bodies corporate owned or subsidised by the State or the Autonomous Regions. Article 36 Duty to give notice of a transfer Article 37 Pre-emption right Article 38 Deeds and records Article 39 Land register The declassification of classified objects walks the same process of the classification process, mutadis mutandi. |
Romania | There is specific legislation on deaccessioning and disposal found in the Law no. 182 of 25th of October 2000 regarding the protection of the movable national heritage. 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) Art. 19 (1)Movable cultural objects can be unclassified as a result of the request of the ownership right bearer or officially, in the following cases: a) the expertise becomes null; b) total loss; c) serious damage which cannot be recovered trough restoration work. (2)The unclassifying procedure is the same as the classifying procedure. (3)The unclassifying order is registered at the Thesaurus Inventory of the National Cultural Heritage and consequently the good is erased from the inventory. (at 5th of April 2003 Chapter II, art. 19, paragraph (3) modified by art. 1, paragraph 9 of Emergency Ordinance 16/2003) (4)The unclassifying order is communicated in writing to the owner, to the bearer of other real rights, or to the bearer of the administration right. (at 5th of April 2003 Chapter II, art. 20, repealed by art. 1, paragraph 10 of Emergency Ordinance 16/2003) |
Slovakia | Slovakia has specific legislation on deaccessioning and disposal, found in the §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. External link Slovakian legislation External link Slovakian legislation
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Slovenia | No specific legislation on deaccessioning and disposal was found in Slovenia, other than the law on the protection of cultural heritage §23 cessation of the status of the monument (1) The dissolution of the status of a monument shall be decided by the body competent for the proclamation of the monument in accordance with the procedure prescribed for the proclamation of the monument, and with the consent of the competent organization. The authority shall send the act on the termination of the status of a real monument to the relevant land register, which ex officio erases the registration of the monument from the land registry. (2) The monument in the management of a state or authorized museum ceases to be deleted from the inventory book on the basis of a decision of the body which, on the basis of the act establishing the museum, deals with issues related to the professional work of the museum and with the consent of the ministry. (3) If the competent organization or ministry fails to refuse to issue a consent within 60 days, the consent shall be deemed to have been issued. External link to the law on the protection of cultural heritage External link to the law on the protection of cultural heritage |
Spain | Spain has no specific legislation on deaccessioning and disposal, other than some articles on the principle of inalienation in the Law on the historical cultural heritage. Article twenty-eight 1. Declared movable property of cultural interest and those included in the General Inventory that are in the possession of ecclesiastical institutions, in any of its establishments or dependencies, may not be transmitted for an onerous or gratuitous title or be assigned to individuals or mercantile entities. Said assets may only be alienated or assigned to the State, Public Law entities or other ecclesiastical institutions. 2. The movable property that forms part of the Spanish Historical Heritage may not be alienated by the Public Administrations, except for the transmissions that they make between themselves and the provisions of articles 29 and 34 of this Law. 3. The goods referred to in this article shall be imprescriptible. In no case shall the provisions of article 1.955 of the Civil Code be applied to these goods. [Block 35: #aveintinueve] Article twenty-nine 1. The property belonging to the Spanish Historical Heritage that is exported without the authorization required by article 5 of this Law belongs to the State. These goods are inalienable and imprescriptible. 2. It is the responsibility of the State Administration to carry out the acts leading to the total recovery of illegally exported goods. 3. When the previous owner accredits the previous loss or theft of the illegally exported property, it may request its assignment from the State, obliging itself to pay the amount of the expenses derived from its recovery, and, in its case, the refund of the price that would have satisfied the State to the purchaser in good faith. The loss or theft of the illegally exported property will be presumed when the previous owner was a Public Law Entity. 4. The assets recovered and not transferred will be assigned to a public center, following a report from the Historical Heritage Council. |
Sweden | In 2017 the Museum Law has been adopted. In this Law an article is dedicated to the management of collections. Management of collections Section 9 A museum shall actively manage its collections in order to achieve its objectives. Section 10 The Government may issue regulations requiring the state museums to transfer items from their collections to other museums in the general museum fair. The government may also issue regulations on disposals of such items in the museums’ collections of museums which have a limited cultural historical value. |
The Netherlands | Heritage law 2016 -§4.17 – 4.21 describe the process of deaccessioning and disposal Heritage law 2016 -§4.17 - 4.21 describe the process of deaccessioning and disposalArticle 4.17. Announcement of intention to alienate Article 4.18. Advice on alienation cultural property or collection a. it can reasonably be presumed that the cultural object or the collection has special cultural-historical or scientific significance and is irreplaceable and indispensable for Dutch cultural heritage; and b. alienation is considered by a party other than the State, a province, a municipality, or another legal entity governed by public law. Article 4.19. Scope advice Article 4.20. Advisory Committee Article 4.21. Obligation to inform Minister (translated via Google Translate) External link to 2016 Erfgoedwet |
United Kingdom | The UK has legislation on deaccessioning in the Museums and Galleries Act of 1992 Chapter 4: Acquisition and disposal of pictures and other objects (1) The National Gallery Board, the Tate Gallery Board or the National Portrait Gallery Board may, in particular, acquire (whether by purchase, exchange or gift) any relevant objects which, in the opinion of the Board concerned, it is desirable to add to their collection. (2) In this section “relevant objects” means— (a) in the case of the National Gallery Board, works of art, (b) in the case of the Tate Gallery Board, works of art, and (c) in the case of the National Portrait Gallery Board, portraits or other works of art relevant to portraiture, and, in each case, includes any documents relating to a relevant object which falls, or has at any time fallen, within paragraph (a), (b) or (c) above, as the case may be, and which is, or at that time was, comprised in the Board’s collection. (3) The National Gallery Board shall not dispose of a relevant object the property in which is vested in them and which is comprised in their collection unless the disposal is an exercise of the power conferred by section 6 below. (4) The Tate Gallery Board shall not dispose of a relevant object the property in which is vested in them and which is comprised in their collections unless— (a) the disposal is an exercise of the power conferred by section 6 below; (b) the disposal is of a relevant object which, in the Board’s opinion, is unsuitable for retention in their collections and can be disposed of without detriment to the interests of students or other members of the public; or (c) the disposal (by whatever means, including destruction) is of a relevant object which the Board are satisfied has become useless for the purposes of their collections by reason of damage, physical deterioration, or infestation by destructive organisms; but this subsection is without prejudice to any trust or condition (express or implied) prohibiting or restricting disposal of the relevant object. (5) The National Portrait Gallery Board shall not dispose of a relevant object the property in which is vested in them and which is comprised in their collection unless— (a) the disposal is an exercise of the power conferred by section 6 below; (b) the disposal is by way of sale, exchange or gift of a relevant object which is a duplicate of another relevant object the property in which is so vested and which is so comprised; (c) the disposal (by whatever means) is of a portrait and the Board are satisfied that the identification formerly accepted by them of the person portrayed has been discredited; or (d) the disposal (by whatever means, including destruction) is of a relevant object which the Board are satisfied has become useless for the purposes of their collection by reason of damage, physical deterioration or infestation by destructive organisms; and a relevant object may be disposed of by the Board as mentioned in paragraph (d) above notwithstanding a trust or condition (express or implied) prohibiting or restricting the disposal of the relevant object. (6) The Wallace Collection Board shall neither add any object to their collection nor dispose of any object the property in which is vested in them and which is comprised in their collection. (7) Money accruing to a new Board by virtue of a disposal mentioned in this section shall be applied by the Board in the acquisition of relevant objects to be added to their collection. |