The Romanian Parliament passes the present law.

Transcription

1 LAW no. 564 of October 19 th 2001 on the approval of the Government Ordinance no. 47/2000 on establishing certain protection measures for the historical monuments included in the World Heritage List The Romanian Parliament passes the present law. Art. I The Government Ordinance no. 47 of January 30 th 2000 on establishing certain protection measures for the historical monuments included in the World Heritage List, issued on the basis of article 1, letter K, paragraph 7 of Law no. 206/1999 on authorising the Government to issue ordinances and published in the Romanian Official Journal, Part I, no. 45 of January 31 st 2000, with the following amendments and completions, is approved: 1. Article 4 shall be amended as follows: Art. 4 In compliance with the law, the owners, administrators or bearers of other real rights, as the case may be, are responsible for the repair works, current maintenance, enhancement, research, restoration, consolidation and conservation of the historical monument included in the World Heritage List. 2. Article 5 shall be amended as follows: Art. 5 (1) The research, conservation, consolidation and restoration of the historical monuments included in the World Heritage List, regardless of their ownership status are financed from the state budget through the budget of the Ministry of Culture and Religious Affairs, as well. (2) The repair, current maintenance, enhancement of the historical monuments included in the World Heritage List can also be financed from extra-budgetary incomes and from allocations granted from the state budget or from the local budget, within the annual budgets approved by the main credit accountants, as case may be. 3. Article 6 shall be amended as follows: Art. 6 (1) The activities and works stipulated at article 4, for the historical monuments included in the World Heritage List, shall be done in compliance with the Program for the protection and administration of the historical monuments included in the World Heritage List. (2) The Program for the protection and administration of the historical monuments included in the World Heritage List is elaborated for 5 years by the Ministry of Culture and Religious Affairs, endorsed by the National Commission for Historical Monuments and approved by Government Decision. 1

2 (3) The Program for the protection and administration of the historical monuments included in the World Heritage List stipulates administrative and technical measures relative to these monuments and their protection area. (4) The Program for the protection and administration of historical monuments is detailed in annual plans for the protection and administration of the historical monuments included in the World Heritage List. (5) The annual plans for the protection and administration of historical monuments are elaborated by the county council on whose territory the historical monument included in the World Heritage List is situated, after consulting the owners, the administrators or bearers of other real rights on the respective buildings, as well as the respective local council, and are endorsed by the Ministry of Culture and Religious Affairs and by the central public administration authorities in the field. (6) The historical monuments included in the World Heritage List are special objectives and the Ministry of the Interior must ensure their guard. (7) The historical monuments or the surroundings of the sites included in the World Heritage List are marked, through the good office of the mayor of locality, with the symbol Historical monument included in the World Heritage List, stated in the appendix that is part and parcel of the present ordinance. 4. Article 7 shall be amended as follows: Art. 7 (1) The town planning and territory arrangement documentations for the areas where the historical monuments included in the World Heritage List are situated and their protection areas shall be elaborated or updated by including the town planning and territory arrangement provisions and regulations within the administration and protection programs, no later than 12 months after they were approved. (2) The elaboration and updating of the town planning and territory arrangement documentations for the areas where the historical monuments included in the World Heritage List are situated shall be financed from the state budget through the budget of the Ministry of Public Works, Transport and Housing. (3) The local territory arrangement plans and, as the case may be, the general or local town planning projects, for the localities, respectively the areas where the historical monuments included in the World Heritage List are situated and their protection areas must be approved by Government decision. (4) The interventions on the historical monuments included in the World Heritage List, on the buildings situated within their protection areas and on those areas must be endorsed, according to the law, by the Ministry of Culture and Religious Affairs and, if the case may be, by the Ministry of Public Works, Transport and House; these are communicated to the World Heritage Committee, in compliance with the regulations of the UNESCO Convention for the protection of the natural and cultural world heritage protection, through the good office of the Ministry of Culture and Religious Affairs. 5. Article 8 shall be amended as follows: Art. 8 2

3 (1) The title of Locality with historical monument included in the World Heritage List is instituted and granted to the administrative-territorial entities on whose territory the historical monuments included in the World Heritage List are situated. (2) Through the good office of the mayor of the locality, the title is written in white letters on a brown background on posters at the entrance in the locality; the size of these posters must be equal to that of the posters with the name of the locality and they must also show the world heritage symbol. (3) For a stay longer than 48 hours in the administrative-territorial entities declared Locality with historical monument included in the World Heritage List, the local public administration authorities may establish a tax to be cashed by the legal or natural bodies providing accommodation services; the amounts raised from collecting these taxes represent incomes of the local budget. (4) The amounts raised from collecting the tax stated at article (3) shall be exclusively used for financing the maintenance works and current repairs of the historical monuments included in the World Heritage List. 6. Article 9 shall be amended as follows: "Art. 9 In order to protect the historical monuments included in the World Heritage List and to enforce the legal provisions in this field, the local public administration authorities have the following attributions: a) to cooperate with the public institutions and organisms with attributions in the historical monuments protection field, for enforcing their decisions; b) to collaborate with the owners, administrators or bearers of other real rights over the historical monuments included in the World Heritage List, in order to enforce the annual protection and administration plans; c) to co-finance, in compliance with the law, from their own budgets as well as from extra budgetary incomes, the works stated at article 5, paragraph (2); d) to include the specific objectives stated in the Program for the Protection and administration of the historical monuments included in the World Heritage List within the social-economic and town planning, respectively territory arrangement development plans and programs and within the authorisations they issue, in compliance with the law; e) to take the necessary technical and administrative measures for preventing the degradation of the historical monuments included in the World Heritage List, in collaboration with the county and Bucharest offices for culture, cults and national cultural heritage; f) to monitor and control the enforcement of the legal regulations concerning the protection of the historical monuments included in the World Heritage List, as well as the enforcement of the protection and administration programs and plans; g) to establish, within their own apparatus, specialised compartments or positions, as the case may be; to establish precise duties in the field of the protection of the historical monuments included in the World Heritage List; h) to issue the building authorisation, in compliance with the endorsement of the Ministry of Culture and Religious Affairs, with a view to executing the urgent temporary 3

4 consolidation and preservation works on the historical monuments included in the World Heritage List; i) to ensure, together with the county and Bucharest offices for culture, cults and national cultural heritage, that the "Historical Monument included in the World Heritage List" sign is applied and to verify that it is maintained by the owner; j) to follow up that the historical monuments included in the World Heritage List guard and protection measures are enforced and to urgently notify any infringement upon the law to the county and Bucharest offices for culture, cults and national cultural heritage." 7. Article 10 shall be amended as follows: "Art. 10 Any infringement upon the dispositions of the present ordinance implies, as the case may be, civil, administrative, material, disciplinary, contraventional or criminal liability." 8. Article 11 shall be amended as follows: "Art. 11 Demolishing, partially destroying or damaging the historical monuments included in the World Heritage List shall be sanctioned in compliance with the law." 9. Article 12, paragraph (1) introduction, letters a) and b) and paragraph (2) shall be amended as follows: "Art. 12 (1) The following are considered contraventions: a) authorising the building or demolition works on the buildings whose status is historical monuments included in the World Heritage List, without the endorsements stipulated in the present ordinance; b) executing, modifying or demolishing the buildings situated within the protection areas of the historical monuments included in the World Heritage List, without the endorsement of the Ministry of Culture and Religious Affairs or, as the case may be, of the Ministry of Public Works, Transport and Housing; ( ) (2) The contraventions stipulated at paragraph (1) letters a), b) and c) shall be sanctioned with fine from lei to lei and the ones stipulated at letters d) and e), with fine from lei to lei." 10. Article 13 shall be amended as follows: "Art. 13 The contraventions shall be ascertained and the fines shall be enforced as follows: a) the specialists of the county and Bucharest offices for culture, cults and national cultural heritage for the contraventions stipulated at article 12, paragraph (1) letters c) and d); b) the territorial inspectors of the State Inspectorate for Buildings, Town Planning and Territorial Arrangement, for the contraventions stipulated at article 12, paragraph (1) letters c) and d); 11. At article 14, paragraph (1) shall be followed by paragraph (2): 4

5 "(2) The amounts raised from the fines stipulated at article 12 (2) become income of the state budget and shall be directed to the Ministry of Culture and Religious Affairs to exclusively use them for the protection of the historical monuments included in the World Heritage List" 12. Article 15 shall be amended as follows: "Art. 15 The special measures for the protection of the historical monuments included in the World Heritage List shall also be applied to the historical monuments for which there have been submitted applications to the World Heritage Committee within UNESCO in order to be included in the World Heritage List." 13. Paragraph (2) of article 17 shall be amended as follows: "(2) The methodology for elaborating the framework-content of the protection and administration plans shall be established by the Ministry of Culture and Religious Affairs, in compliance with the UNESCO regulations in the field, within 60 days after the present ordinance comes into force." 14. Article 18 shall be amended as follows: "Art. 18 The methodology of enforcing the present ordinance shall be elaborated, according to the specific competences and in compliance with the UNESCO regulations, by the Ministry of Culture and Religious Affairs, respectively the Ministry of Public Works, Transport and Housing." Art. II Government Ordinance no. 47/2000 on establishing certain protection measures for the historical monuments included in the World Heritage List, with the subsequent amendments and completions brought by the present law, shall be codified in the Romanian Official Journal, Part I. _****_ This law was adopted by the Chamber of Deputies during the sitting of September 24 th 2001, in compliance with the provisions of article 74 paragraph (2) of the Romanian Constitution. THE PRESIDENT OF THE CHAMBER OF DEPUTIES VALER DORNEANU This law was adopted by the Senate during the sitting of September 24th 2001in compliance with the provisions of article 74 paragraph (2) of the Romanian Constitution. PRESIDENT OF THE SENATE, ALEXANDRU ATHANASIU Published in the Official Monitor no. 695 of November 1 st