ROYAL DECREE I DECREE:

Similar documents
REPUBLIC OF LITHUANIA LAW AMENDING THE LAW ON PROTECTION OF MOVABLE CULTURAL PROPERTY. Vilnius

GENERAL TERMS AND CONDITIONS SEMITRAILER RENTAL

ON LEASING THE LAW ON LEASING CHAPTER I GENERAL PROVISIONS. Article 1. Scope of application

Revised translation by legal affairs Department CIB/CDC

EUROMED, S.A. GENERAL SALES CONDITIONS ( GSC )

TRUST TRANSFER MAINTENANCE DEPOSIT AGREEMENT R E C I T A L S:

Republika e Kosovës Republika Kosovo-Republic of Kosovo Kuvendi - Skupština - Assembly

EQUIPMENT RENTAL AGREEMENT (LEASE) THIS AGREEMENT, made the day of, 20, by and between hereafter called the Lessee, and, hereafter called the Lessor.

TERMS AND CONDITIONS OF SALE METZ SPECIALTY MATERIALS PTY LTD ABN METZ PROJECT SERVICES PTY LTD ABN

The parties, intending to be legally bound, hereby agree as follows:

Tenancy regulations furnished accommodation. November 2014

CONSENT TO ASSIGNMENT OF LEASE

LEASE-LEASEBACK SUBLEASE AGREEMENT. Dated as of April 1, Between. Newark Unified School District. and. Environmental Systems, Inc.

SOUTH BROWARD BOARD OF REALTORS IDX Vendor License Agreement

Miami Association of REALTORS RETS License Agreement

ESCROW AGREEMENT. by and among HARBOR DEPARTMENT OF THE CITY OF LOS ANGELES. and. U.S. BANK NATIONAL ASSOCIATION, as Trustee and as Escrow Agent

APPLICABLE TERMS AND CONDITIONS

Article 1. Definitions In these General Terms and Conditions, the following definitions apply:

ORDINANCE NO: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS:

General Conditions of Sale

TITLE: ON THE PROTECTION OF ANTIQUITIES AND CULTURAL HERITAGE IN GENERAL.

LAWS & REGULATIONS. Law No. 26 of 2007

General Terms and Conditions for the Sale and Delivery of Software Support Services Edition

ALAMEDA S COOPERATIVE SHAREHOLDER OCCUPANCY AND RESIDENT AGREEMENT!

EQUIPMENT LEASE AGREEMENT

Idaho Escrow LLC ESCROW INSTRUCTIONS Document Safekeeping Only

GENERAL CONDITIONS OF PURCHASE OCI NITROGEN B.V.

LAW OF THE RUSSIAN FEDERATION ON MORTGAGE (PLEDGE OF REAL ESTATE) NO. 102-FZ OF JULY 16, 1998

Town of Weymouth Massachusetts

STANDARD TERMS AND CONDITIONS OF SALE AND DELIVERY OOMEN ONIONS VOF

ACT OF THE CZECH NATIONAL COUNCIL

Equipment Lease Agreement Template

UNOFFICIAL FOR REFERENCE PURPOSES ONLY Official Code of Georgia Annotated (2017)

Order & Quotation Terms & Conditions DEFINITIONS: Buyer Order Product Quotation RFQ Seller Terms and Conditions 1. Applicability:

AIRBOSS RUBBER SOLUTIONS - TERMS AND CONDITIONS OF SALE

Estate Agency Act (No. 53 of 16 June 1989)

LIMITED FINANCIAL SERVICES AGREEMENT. THIS AGREEMENT dated for reference as of the day of, 20.

1.1.1 days means any day other than a Friday, or official public holiday in the United Arab Emirates;

TERMS AND CONDITIONS OF SALE. (as recommended by The British Antique Dealers' Association)

Decrees, orders, circulars

PURCHASE ORDER TERMS AND CONDITIONS

Ring-fencing Transfer Scheme

SITE LEASE. between. CITY OF WESTWOOD, KANSAS, as Site Lessor. and. SECURITY BANK OF KANSAS CITY, as Site Lessee

Glatfelter [Glatfelter Gernsbach GmbH & Co. KG (Germany)] Conditions of Purchase (Goods and Services)

General Business Terms and Conditions. I. General provisions

GENERAL CONDITIONS OF SALE. Valid from July 1 st, 2014

Assignment of Leases and Rents

Condominium Ownership Management Act

GENERAL PURCHASING AND SUB-CONTRACTING CONDITIONS OF HE TUBING NETHERLANDS B.V. AND ALL BUSINESSES MAINTAINED BY HE TUBING NETHERLANDS B.V.

Chapter 8 VALUATION OF AND INFORMATION ON PROPERTIES. Definitions

GENERAL TERMS AND CONDITIONS OF PURCHASE OF FONDEL REFINERY PRODUCTS AG

HELLENIC REPUBLIC ASSET DEVELOPMENT FUND SA. 1 Kolokotroni & Stadiou Str., , Athens, Greece. Athens, May 13th, 2013

INTRODUCING BROKER AGREEMENT

ASSIGNMENT OF CERTIFICATE OF MEMBERSHIP AND BENEFICIAL INTEREST

ASSEMBLY, No. 326 STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

CONSTRUCTION AGENCY AGREEMENT. dated as of March 1, between. BA LEASING BSC, LLC, as Lessor, and

ESCROW AGREEMENT. Dated, Relating to

General Assignment Of Leases And Rents

Title 6A, Chapter 4, Page 1 8/21/17

Pro Flow Dynamics, LLC. Standard Terms and Conditions of Sales

EVENT PRODUCTION AGREEMENT

Bylaw No. (85) of Regulating the Real Estate Brokers. Register in the Emirate of Dubai1

STANDARD TERMS AND CONDITIONS Equipment Lease Form DCR 309

VILA UNIVERSITÀRIA UNITED: of age, to this end living in VILA UNIVERSITÀRIA, Building A Cerdanyola del Vallès (Barcelona).

GENERAL CONDITIONS OF SALE

Confirmation of Purchase Order/Terms and Conditions of Sale 1. ACCEPTANCE OF ORDER: Natel Engineering Co., Inc. or it s Powercube division ( Natel or

Bosnia and Herzegovina Framework Pledge Law

Here is the actual law (In English) on who is eligible to obtain a real estate license in Panama.

General Terms and Conditions of Hire Applicable to the Hire of Construction Machinery, Construction Equipment and Industrial Machinery

General Terms of Sale

UNITED NATIONS CONVENTION ON THE ASSIGNMENT OF RECEIVABLES IN INTERNATIONAL TRADE

GENERAL TERMS AND CONDITIONS FOR OUTSOURCING PERSONNEL AND LEASING/SELLING EQUIPMENT

TERMS AND CONDITIONS FOR ESCROW ACCOUNT

EXCLUSIVE PROPERTY MANAGEMENT AGREEMENT Long-term Rental Property

ON IMMOVABLE PROPERTY REGISTRATION. Pursuant to Articles 78 and 83 paragraph 1 of the Constitution, on proposal by the Council of Ministers,

Government Emergency Ordinance No. 54/2006 on the regime of the concession contracts for public assets ( GEO No. 54/2006 );

This Escrow Agreement and Instructions, entered into this day of, 20, by and between

Independent Contractor Appraiser Engagement Agreement AMC LINKS LLC

K & R Properties of Fayetteville, Inc. PO Box Fayetteville, NC (910)

BYLAWS OF PRAIRIE PATHWAYS II CONDOMINIUM OWNER S ASSOCIATION, INC.

TERMS AND CONDITIONS OF SERVICE The Rental Agency Amsterdam

Standard conditions of Eesti Energia AS gas contract for household consumer Valid from 19 April 2018

EXCHANGE AGREEMENT R E C I T A L S

SUBLEASE. by and between the CITY OF CALABASAS FACILITIES CORPORATION. and the CITY OF CALABASAS

of competent jurisdiction, the considered divisible as to such part, and the remainder of the

ESCROW DEPOSIT AGREEMENT WIT N E SSE T H:

JH:SRF:JMG:brf AGENDA DRAFT 4/06/2016 ESCROW AGREEMENT

APPENDIX General Terms and Conditions of Sale of AutoPoint International B.V.

GENERAL TERMS AND CONDITIONS

Projects Unlimited, Inc. PURCHASE ORDER TERMS AND CONDITIONS September 15, 2013

On the Rights of Landowners to Compensation for Restrictions on Economic Activities in Specially Protected Nature Territories and Microreserves

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

Grant Contract Specified Grants

OFFICIAL TOWNSHIP OF MOON ORDINANCE NO.

GENERAL CONDITIONS. Preamble. Product Information. Drawings and other Documents. Delivery Test. Delivery

Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012

ARTICLES CLASSIFICATION

SUBJECT: Board Approval: 1/18/07

ASSIGNMENT AND ASSUMPTION OF LEASE AND CONSENT OF LANDLORD

CONDITIONS OF PURCHASE (GOODS AND SERVICES) DOMESTIC AND INTERNATIONAL

Transcription:

ROYAL DECREE 1680/1991, of 15th November, implementing the ninth additional provision of Law 16/1985, of 25 th June of the Spanish Historic Patrimony, on State guarantee for works of cultural interest (Official State Gazette of the 28 th November 1991). The ninth additional provision of Law 16/1985, of 25 th June, of the Spanish Historic Patrimony, introduced by the first additional provision of Law 37/1988, of 28 th December, on General State Budgets for 1989, institutes the State guarantee for works of cultural interest and qualifies the Ministries of Culture and Economy and Finance to propose the Royal Decree ruling the procedure and requirements for granting this commitment and the form of implementing it, if applicable. By virtue thereof, at the proposal of the Ministers of Culture and Economy and Finance, in agreement with the Council of State and prior to debate by the Cabinet of Ministers at its meeting held on the 15 th November 1991, I DECREE: Article 1. 1. In accordance with the provisions contained in the ninth additional provision, one, of Law 16/1985, of 25 th June, of the Spanish Historic Patrimony, the State may commit itself to compensate the destruction, loss, abstraction or damage to those works of relevant artistic, historic, paleontological, archaeological, ethnographic, scientific or technical interest that are temporarily or finally assigned, for their contemplation by the public, to Museums, Libraries or Archives, titled by the State and being the sole business of the Ministry of Culture and its Autonomous Bodies. 1 2. As far as this provision is concerned, the Fundación Colección Thyssen Bornemisza will receive the same consideration than Museums designated in the precedent paragraph. 2 3. The Minister of Culture, in each case, will grant the State commitments prior the application of the assignee. The agreement will state the work or works concerned, the amount, the security and protection requirements and the obligations to be fulfilled by those interested. 4. The highest limit for the commitments granted to a work or series of works to be exhibited in the same exhibition, as well as the limit of the 1 Additional provision of Law 37/1988, of 28th December, of General State Budgets for 1989, that was given a new drawing up by Law 42/1994, of 30th. December, on fiscal administrative and social measures (additional provision 1st.) 2 Item 2 of 14th. Additional provision of Law 65/1997, of 30th. December, of General State Budgets for 1998, lays down that the State Guarantee could be applied to the exhibitions organised by the "Sociedad Estatatal para la Conmemoración de los Centenarios de Felipe II y Carlos V" to take place in institutions dependent of the State General Administration.

total amount of the commitments granted by the State will be established in the Laws on General State Budgets for that year. 3 Article 2. 1. The grant of the State guarantee for works of relevant cultural interest may be applied for at the Ministry of Culture by Museums, Libraries and Archives titled by the State and being the exclusive competence of the Ministry of Culture and its autonomous bodies and assimilated entities 4 assignees of the works referred to in item 1 of the foregoing article. The application shall contain the following particulars: 2. The application shall contain the following particulars: a) Duration of the exhibition and its venue. b) Description of the works, justifying the relevant artistic, cultural, scientific or technical interest. c) Value of each of the works declared by the assignor and accepted by the Director of the Institution submitting the application. In the event of intervention by appraisers or experts, a copy of the appraisal they have made will be included. d) Procedures foreseen to perform the reports on the state of preservation of the works prior to their delivery to the assignee institution and at the time of their return to the assignor. e) Preservation and safety measures in the packing, transport and during the exhibition of the works, with express mention of the maximum value of the works that will be transferred in a single transport. f) Contracted insurance, or insurance which it is intended to contract, to attend to the amounts not covered by the guarantee in accordance with article 6.2 of this Royal Decree, and also other similar guarantees to the State guarantee granted, when applicable, by other Public Administrations. 3. The applicant institution will submit a written document evidencing the approval of the assignor of the work for the points contained in the application, and also that it expressly submits to the present Royal Decree and other rules regulating the State guarantee for works of cultural interest. Art. 3. 1. The Directorate General for Fine Arts and Archives will, when applicable, forward whatsoever complementary conditions it considers pertinent to the assignee institution, in order that it express its approval therewith in writing. 3 Law 65/1997, of 30th December, on General State Budgets for 1998, in item 1 of 14th Additional Provision states that the commitments temporarily granted for their exhibition in institutions being the exclusive competence of the Ministry of Education and Culture and its autonomous bodies (including comparable institutions) will not be higher than the accumulated amount at 31st December surpassing 30.000 millions pesetas. It makes out that the higher limit of the specific commitments granted for the first time in 1998 for works or series of works intended to be displayed in a same exhibition will be of 10.000 millions pesetas. 4 See point 2, item 1 of the present Royal Decree and reference point nr 2

2. The Board of Qualification, Appraisal and Export of Assets of the Spanish Historic Patrimony will advise about the questions it is consulted on the matter by the Director General for Fine Arts and Archives. 3. The Directorate General for Fine Arts and Archives will report on the applications for the State guarantee for works of relevant cultural interest and, when applicable, it will propose the granting of the commitments to the Ministry of Culture. 4. The Order granting the guarantee will express the State s commitment to compensate for the destruction, loss, abstraction or damage of the works mentioned in the application, in accordance with the values and conditions stated therein, which will, when applicable, include the complementary ones to which number 1 of this article refers. Art. 4. 1. The grant of the State guarantee obliges the assignee institution to observe all that is set out in this Order of grant. 2. In addition, in the event of destruction, loss, abstraction or damage of a work, the assignee institution shall: a) Immediately notify the Ministry of Culture about this incident, with detailed information about its circumstances and consequences. b) Adopt the necessary measures to reduce the effects thereof where possible. Art. 5. The State guarantee does not cover the destruction, loss, abstraction or damage to the works caused by: a) Own defect or intrinsic quality of the goods object of the guarantee. b) The mere lapsing of time. c) The deliberate action or omission by the assignor of the works, by its employees or by its agents. d) Attachment, withholding, seizure of the work or similar measure urged by a third party and agreed by the competent body. e) Nuclear explosion. Art. 6. 1. The amount of the indemnities resulting, when applicable, from the commitment granted by the State shall be determined in accordance with the following rules: 1 st - For loss, abstraction or destruction of the work, the Ministry of Culture will pay the assignor of the work a sum equal to the value of the work declared in the application and acknowledged in the Order of grant of the State guarantee. 2 nd - For damage to the work, the compensation shall include: a) the reasonable cost of restoring the work established by mutual agreement between the assignor and the Ministry of Culture or, if no agreement is reached, the amount determined by an Expert mutually accepted by both parties, and, b) an amount equal to the depreciation in the market value

of the work, following its restoration, establishing this amount by mutual agreement between the assignor and the Ministry of Culture or, if there is no such agreement, the amount determined by an Expert accepted by both parties. The sum of this compensation shall not exceed the value of the work declared in the application and acknowledged in the Order of grant of the State guarantee. 2. The guarantee granted by the State for works forming one and the same exhibition shall not cover compensations for the destruction, loss abstraction or damage of these works up to a limit of: - The first 2,000,000 pesetas (12,020.24 ) when the total value of the works guaranteed by the State for the exhibition does not exceed 250,000,000 pesetas (1,502,530.26 ). - The first 3,500,000 pesetas (21,035.42 ) when the total value of the works guaranteed by the State for the exhibition exceeds 250,000,000 pesetas (1,502,530.26 ) to 1,250,000,000 pesetas (7,512,651.30 ). - The first 6,000,000 pesetas (36,060.73 ) when the total value of the works guaranteed by the State for the exhibition is more than 1,250,000,000 pesetas (7,512,651.30 ) to 2,500,000,000 pesetas (15,025,302.61 ) - The first 10,000,000 pesetas (60,101.21 ) if the total value of the works guaranteed by the State for the exhibition exceeds 2,500,000,000 pesetas (15,025,302.61 ). Art. 7. Each party will pay the fees incurred from the advisory services of their respective experts. The Experts appointed by mutual agreement shall be the responsibility and payment, half and half, of the Ministry of Culture and of the assignor of the work. Art. 8. Once the State Administration has paid the compensation, it may: a) Recur against the assignee institution for the amount paid, when the destruction, loss, abstraction or damage to the work has occurred by breach in the provisions set out in the Order of grant of the guarantee, serious negligence or fraud) of that institution, or b) Exercise the rights and actions that by reason of the loss should fall to the assignee institution and to the assignor of the work vs. any person other than them who is responsible for the loss and up to the limit of the compensation. The Administration shall not be entitled to subrogation against packers, carriers or any other person or Entity related with the handling, transport and installation of the works, except when the destruction, loss, abstraction or damage of the works has been caused by negligence or fraud. Art. 9. In the event of recovery of the lost or abstracted work, the assignor may preserve his right on the works, prior to returning the compensation he has

received to the State Administration, duly updated in accordance with the Consumer Price Index published by the National Statistics Institute. ADDITIONAL PROVISIONS One.- The grant of the State guarantee, valid for more than one year, for works of cultural interest, shall be made in accordance with the following terms: 1. The application of the percentages to which article 61 of the revised text of the General Budgets Law refers, approved by Royal Legislative Decree 1091/1988, of 23 rd September, shall be made on the amount established in the Law on General State Budgets as limit in the amount accrued from the commitments that may be granted in the year. 2. In accordance with the assignor of the works, the State may be limited to guaranteeing: a) A percentage of the value of the works during the time they are exhibited at the facilities of the assignee institution. Compensation derived from these commitments shall be determined in accordance with the provisions laid down in article 6 of this Royal Decree, but the amount payable by the Administration shall be proportional to the percentage of the value of each work covered by the State guarantee. b) A percentage of the overall value of the works assigned by one and the same assignor. The overall amount guaranteed for these works represents the maximum limit of the compensations derived from these commitments that shall be determined in accordance with the provisions laid down in article 6 of this Royal Decree. 3. The possibility of reviewing the value of the works estimated by the assignor may be foreseen, although this revision shall only be effective from the moment they are accepted by the assignor, by the Director of the assignee institution of the work and by the Ministry of Culture. Two.- The grant and application of the State guarantee for the works of the Thyssen-Bornemisza collection shall be made in the terms foreseen in the agreement completed by the Kingdom of Spain and Favorita Trustees Limited, and authorised by Royal Decree 1525/1988, of 16 th December, which lays down the conditions for installing in Spain the main part of the Thyssen-Bornemisza collection. FINAL PROVISIONS One.- The Ministers of Culture and Economy and Finance are authorised, by joint Order, to update the amounts laid down in article 6.2 of this Royal Decree. Two.- The Ministers of Culture and Economy and Finance may rule the necessary provisions for the implementation of the present Royal Decree in the scope of their respective competences.

Three.- This Royal Decree will come into force the day following its publication in the Official State Gazette.