Legislation on deaccessioning and disposal

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
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 § 6


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

Wallonia: – Décret relatif aux biens culturels mobiliers et au patrimoine immatériel de la Communauté française (2002):

 §10


Bulgaria

Specific legislation on deaccessioning and disposal of museum objects can be found in the Cultural Heritage Act, 2009

Cultural heritage Act 2009 – § 114

 


Croatia

Specific legislation on deaccessioning and disposal:

2015 Law on museums

§10 & §12

 


Cyprus

Specific legislation on deaccessioning and disposal is found in

Antiquities Law 2006 §29


Czech Republic

Specific legislation on deaccessioning and disposal:

Act No. 20/1987 Coll. on state monument preservation (amended) defines the protection of collections in museums and galleries, conditions and the means of registration of museum collections and rights and duties of museum collection owners. Standardised public services provided by museums and galleries are regulated §8 & §18


Denmark

Specific legislation on deaccessioning and disposal can be found in

the Consolidated Act on Museums (2006) §5.11.2 & §6.14.ix


Estonia

Specific legislation on deaccessioning and disposal is found in the

Museum Act of 2013 §11 & §12


Finland

Specific legislation on deaccessioning and disposal in only found in the

Antiquities Act of 1996 §19

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. 451-5

 


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


Hungary

Hungary has a lot of legislation, making deaccessioning and disposal possible:

Fundamental law of Hungary , 38. cikk

2015. (XI.13.) regulations of the revision and disposal by the Ministry of Human Resources about national assets in the records of museums. 4 §4

2011. évi CXCVI. Law about national assets §11. §10, §16, §9

2011. évi CXCVI. Law about national assets 13. §1, §2, §3

2007. évi CVI.Law about national assets §33 -37

1997. évi CXL. Law about Museums , about the supply of public libraries and community culture 38/D, §2


Italy  

Italy has no direct legislation on deaccessioning and disposal, other than

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, n. 137 §54

This article describes the inalienability of museum objects and the possibility of transfer between museums.

External link legislation


 Latvia  

Specific legislation on deaccessioning and disposal is found in the

Law on Museums 2006 §13.6 & §13.7

and the

Regulations on Museum Stock of 2006 Section III


Lithuania

Specific legislation on deaccessioning and disposal is found in the

Law on the protection of movable cultural heritage §6.6


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

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

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.

Classification

Declassification


Slovakia

Slovakia has specific legislation on deaccessioning and disposal, found in the 

Act of the National Council of the Slovak Republic No. 206/2009 of 28 April 2009 on museums and galleries and the protection of objects of cultural significance and the amendment of Act of the Slovak National Council No. 372/1990 Zb. on misdemeanours, as amended. Deaccessioning § 4 & §10

External link Slovakian legislation

 


  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

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.

Inalienability


 Sweden  

In 2017 the Museum Law has been adopted. In this Law an article is dedicated to the management of collections.

Management of Collections


 The Netherlands  
Heritage law 2016 -§4.17 – 4.21 describe the process of deaccessioning and disposal
 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 


 

2018-01-05T15:11:52+00:00

About the Author:

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.