LAW Nr. 9048, Date 07.04.2003
LAW Nr. 9048, Date 07.04.2003
LAW Nr. 9048, Date 07.04.2003
LAW
D E C I D E D:
CHAPTER 1
GENERAL CLAUSES
ARTICLE 1
This Law aims at the declaration and the protection of the cultural
heritage within the territory of the Republic of Albania.
ARTICLE 2
The object of this law comprises the values of the cultural heritage, the
prevision of the rules on its protection and the duties and
responsibilities of the bodies operating in this field.
ARTICLE 3
For the purposes of this Law, the definitions used have the following
mean:
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ARTICLE 4
The cultural heritage is composed of tangible and intangible values,
which are part of the national property.
ARTICLE 5
1. The tangible and intangible values of the cultural heritage, which
are presently excavated or created, despite their proprietorship,
are protected by the state.
2. The Minister of Culture, Youth and Sports declares the National
day of the Cultural Heritage.
ARTICLE 6
The Ministry of Culture, Youth and Sports, the Academy of
Sciences, the General Directorate of State Archives, the Universities as
well as the local governing bodies, in accordance to their own
respective fields of investigations, carry out the searches, the
protection, the preservation, the restoration, the treatment, the study,
the inventory and the informatics filing of the cultural heritage
objects.
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ARTICLE 7
1. The Institute of the Cultural Monuments, the National Centre of
the Cultural Properties’ Inventory, the Institute of Archaeology,
the Institute of Folk Culture and the General Directorate of the
State Archives, in pursue to the scientific criteria, ascertain the
values of the tangible and intangible cultural heritage, as such
already declared, which are property of any physical or legal
person, and make up their certification.
2. These objects, , must be obligatorily recorded in the National
Center of the Cultural Property Inventory, which issues the
certification passport of the object based on the above mention
data.
3. Whatever some change into the proprietorship of the objects
should be registered in the National Center of the Cultural
Property Inventory.
ARTICLE 8
Each physical or legal person is binding to preserve the whole of
values of the cultural heritage and of the history which he/she owns or
gets n use, following the criteria set by this Law or by-law acts issued
in appliance to this Law.
ARTICLE 9
1. The objects of the cultural heritage of particular national and
unique values, which are not state property, might be collected,
sold, bought, come into heir or gifted between Albanian citizens
living within the territory of the country.
2. The Albanian state enjoys the right of pre-purchasing of the
objects of particular national and unique values of the cultural
heritage being under private proprietorship.
3. Any individual proprietor wishing to sell an object of the cultural
heritage is asked to present in the Ministry of Culture, Youth and
Sports the object’s passport. The Ministry of Culture, Youth and
Sports, aster consultations with the specialized bodies of the
respective field, replies to the object’s owner within 3o days
after the submission of the request. In case the Ministry of
Culture, youth and Sports is interested to buy this said object, it
begins the evaluation procedures. Otherwise, the owner has the
right to carry out the selling by attaching to the object’s
documentation the written recommendation of the institution
which has ascertain the evaluation.
4. For the evaluation of the immovable cultural heritage objects, in
private ownership, which are taken out of the territory of the
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ARTICLE 10
1. The displacement of the cultural heritage values to better
preserve their values into proper premises as far as the security
and the microclimate is concerned, and in accordance to the
object’s features, is performed by the Institute of the Cultural
Monuments, the Institute of Archaeology, the Institute of the
Folk Culture or the General Directorate of the State Archives.
2. The displacement is carried out after the above mentioned
institutions have completed the respective documentation and
searches and after they have realized the recording of the
displacement in the National center of the Cultural Property
Inventory.
ARTICLE 11
The multiplying or the reproduction of the certified objects of the
cultural heritage must be done in accordance with the provisions of the
legislation in force “ On the copyright” and after getting the permission
from the National Center of the Cultural Properties’ Inventory.
ARTICLE 12
The objects of the cultural heritage n private ownership, having
special national and unique values, in case of public interest, may be
expropriated on the basis of legal provisions in power related to the
expropriation.
ARTICLE 13
The physical or legal persons having in their ownership recorded
objects of cultural heritage values, movable or immovable, are obliged
to keep them under good conditions. For reasons of restorations, they
must apply to the Institute of the Monuments, Institute of
Archaeology, the Institute of Folk Culture or to the licensed subjects,
following Article 17, point 3.
ARTICLE 14
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ARTICLE 15
1. The Institute of the Cultural Monuments, the Institute of
Archaeology, the Institute of Folk Culture or the General
Directorate of State Archives, on the authorization of the owner
or in his presence have the right to examine the physical
condition of the object or of the objects under private ownership.
2. The proprietors of each object, following the request made by
the above mentioned institutions, are obliged to allow the
examination of the physical condition of the objects.
ARTICLE 16
1. The specialized governmental institutions, in agreement with the
owners and possessors of the cultural heritage objects, create
the premises to exhibit these objects to the public.
2. The photographing, the shooting or the computerized filing and
the publication of the cultural heritage objects, being exhibited
into local museums, will be made after getting the permission
from the governmental institution which this museum is
dependent upon. For such objects, exhibited in the national
museums, the permission must be approved by the Minister of
Culture, Youth and Sports.
ARTICLE 17
1. The restoration of the cultural heritage objects is performed by
the specialized governmental bodies and by the physical or legal
persons being provided with the proper license.
2. The physical or legal persons, applicant to get the license in
exercising the restoration profession in the field of cultural
heritage, are assayed by the national Council of Restorations.
3. The National Council of Restoration is set up upon the
commitment of the Minister of Culture, Youth and Sports, and it
is composed of representatives from the specialized institutions
and personalities of the respective field. The setting - up and the
functioning of this Council are defined in its rules being
approved by the Minister of Culture, Youth and Sports.
4. The license to practice the job in this field is approved by the
Minister of Culture, Youth and Sports.
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ARTICLE 18
The fund for the maintenance, restoration, finding out and the
searching of the cultural heritage values comes from the state budget,
being allocated to the Ministry of Culture, Youth and Sports; from
revenues coming from their usage and from any other legal source
being donated by various foundations, organisms or institutions, both
domestic or foreign, governmental or private, or even donations by
physical or legal persons.
CHAPTER II
ARTICLE 19
1. The displacement from certain places of the movable cultural
heritage objects, being state property of ordinary or particular
values, of national or unique ones, to safeguard, restore, search
or exhibit them within the country or the alienation of the
property, is made upon the authorization of the Minister of
Culture, Youth and Sports.
2. The displacement from certain places of the movable cultural
heritage objects, being state property of common values, to
safeguard, restore, search or exhibit them out of the territory of
the Republic of Albania, is made upon the authorization of the
Minister of Culture, Youth and Sports.
3. The transfer of the movable cultural heritage objects, of
exceptional national and unique values, with the aim to protect,
restore, study or exhibit them out of the territory of the Republic
of Albania, is executed upon the authorization of the Council of
Ministers. The procedures of such transfers are defined by the
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ARTICLE 20
1. The cultural heritage objects being extra special, of national and
unique character, are not gifted and exchanged, whatever the
case.
2. On special occasions, the movable cultural heritage objects may
be given as presents or exchanged between homologue
institutions in other countries, when it is to the benefits of the
nation and the objects are of equal value. The gift or the
exchange is made upon the decree of the Council of Ministers.
ARTICLE 21
1. The Albanian state directly becomes the legal proprietor of the
cultural heritage objects, which do not belong to the state
property, but they are stolen or lost, and if their owner is not
identified.
2. The Albanian state directly becomes the legal proprietor of the
movable cultural heritage objects, which do not belong to the
state property but they are illegally elicited abroad.
ARTICLE 22
The movable cultural heritage objects, the archives and the collections
of the governmental and non-governmental institutions as well as
those exhibited in the national or local museums, governmental or
non-governmental ones, are protected and managed in accordance
with the rules of the institutions themselves, which are compiled in
conformity with this Law and with the legislation regarding the
archives.
ARTICLE 23
In cases when the buildings where the state archives or other
important valuables of the cultural heritage are secured, are turned
back to the original proprietors and the expropriation is impossible, the
Council of Ministers arranges the settling of these institutions to other
proper premises.
CHAPTER III
THE IMMOVABLE CULTURAL HERITAGE
ARTICLE 24
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a. watching;
b. preliminary protection;
c. cultural monument of the 2nd category;
d. cultural monument of the 1st category
ARTICLE 25
1. The objects under watch (observance) comprises all the objects
in wrecking condition, castle, cult (worship) objects, engineering
constructions, public or luxurious constructions, built prior the
year 1900 and those being under usage, built before the year
1944. Such a status is declared by the Institute of the Cultural
Monuments and it is permanent.
2. The changing or abolition of this status is made on the request of
the object’ s proprietor addressed to the Institute of the Cultural
Monuments.
3. There may not be changes or damages over the object enjoying
such status, without the prior written permission of the Institute
of the Cultural Monuments.
ARTICLE 26
1. The Institute of Cultural Institute declares “object under
preliminary protection” any object of rare values. This status is
given for a period of 6 months during which the institution must
carry out the procedures to evaluate the further status of the
said object.
2. Over the period defined in point 1, any intervention into the
physical condition of the object is prohibited.
ARTICLE 27
Monuments of 2nd category comprise all the constructions on the
museum areas and those in the protected areas of the museum cities
in the historical centers not defined as monuments of 1st category.
They are conserved in architectonic volumes and structures
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ARTICLE 28
1. Monuments of 1st category are the constructions of distinguished
values and of special importance to the cultural heritage. They
are conserved in the entirety of their architectonic and technical
components.
2. The composition of the volumes, the architectonic treatment of
the exteriors and interiors as well as the plan and functional
solution of these monuments can not be altered.
3. The new constructions close to them must respect the distances
of the protected areas.
4. The Minister of Culture, Youth and Sports declares them cultural
monuments of the 1st category.
ARTICLE 29
0. Museum city, museum area, historical center, museum
ensembles, the centers and the archaeological parks
include that category of objects in block, which are
conserved in their entirety as historical – archaeological,
monumental, architectonic – urban and environmental
complexes, and it is for this reason the new constructions
should not interfere to the existing objects, except the
engineering subterranean networks.
0. The rules governing the administration of the
abovementioned objects are approved by the Council of
Ministers on the proposal of the Minister of Culture, Youth
and Sports.
0. The cultural monuments of the 1st and 2nd category inside
the historical centers, museum cities and the museum
ensembles may be utilized on other functions as well which
do not affect their values. There may be settled
governmental or private institutions, such as museums,
libraries, monument parlor, phototeques, art gallery and
various exhibitions.
ARTICLE 30
The specialized institutions of the cultural heritage fields, the local
authorities and the owners or possessors of the objects enjoy the right
to propose the declaration of cultural monuments of an object. The
proposal should be addressed to the Minister of Culture, Youth and
Sports.
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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).
ARTICLE 31
1.The museum city, museum areas, the archaeological zones, the
historical centers, the museum ensembles and the archaeological
parks are declared as such on the decree of the Council of Ministers,
after the proposal of the Minister of Culture, Youth and Sports.
2. The total or partial abolition of the protection level over the cultural
monuments is made by the decision of the same body having
previously taken such decision.
ARTICLE 32
1. A terrene or wasteland around the cultural monument is
determined as a protected area, matching their architectonic
values, their urban–esthetic suitability, their surrounding and the
ecologic environments.
2. The dimensions of the protected area are defined by the organ
declaring the monument based on the result of the survey
accomplished by the Institute of the Cultural Monuments.
ARTICLE 33
1. The excavation, restoration, the utilization and any other action
taken over the cultural monuments as well as any modification
on the land location around put under their protection, is only
effectuated by the authorization of the Archaeological Institute
or of the Institute of Cultural Monuments.
2. The excavation of archaeological character and the use of the
metal-tracer equipments by people or unauthorized subjects are
forbidden.
ARTICLE 34
The local government units collaborate with the Institute of Cultural
Monuments and the Institute of Archaeology for the preservation
protection of the cultural heritage objects situated over the territory of
their jurisdiction. The Ministry of Culture, Youth and Sports defines the
ways of the cooperation.
ARTICE 35
The works for the maintenance, of restoration and the revitalization of
the cultural monuments are accomplished using the funds allocated
by the Ministry of Culture, Youth and Sports through the State Budget,
after the approval of their working plans by the Institute of the
Cultural Monuments.
ARTICLE 36
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1. The state covers all the expenses for the preservation of the
historical -artistic values, which are not linked to the objects’
stability ( constancy), for the cultural monuments of 1st and 2nd
category, property of non-governmental subjects.
2. The other restoring works over these monuments are covered as
follows:
a) 50% by the state and 505 by the owner for the monuments of
the 1st category;
b) 30% by the state and 70% by the proprietor for the monuments
of 2nd category.
ARTICLE 37
1. When the non-governmental proprietor of the cultural monument
do not possess funds to cover the restoring works, after the
planning of these works, the state intervenes to the banks to
get long-term loans on softening terms.
2. When the owner refuses the loan and when the monument risks
to be demolished, the restoring works are even carried out
without having his consent, by the Institute of the Cultural
Monuments or by other licensed subjects. Upon the completion
of the works, the owner is obliged to pay his own part of the
expenses, in accordance with the Article 36 of this Law.
ARTICLE 38
Any decision taken by the Councils of Territory rehabilitation to
intervene or construct into the areas declared cultural monuments or
protected area close to a cultural monument, despite its
proprietorship, is non-effective ( invalid).
ARTICLE 39
1. The cultural monuments may be revitalized for administrative
and social – cultural reasons, on the condition that the new
function should not affect the monument’s value.
2. In any case, the utilization of the cultural monuments is allowed
only after signing the contract between the user and the owner,
who is asked to inform the Institute f the Cultural Monuments.
ARTICLE 40
1. The sticking of the publicity papers over the cultural monuments
is made only on the occasions of cultural festivities and they are
temporary.
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ARTICLE 41
The searches, the polling and the archaeological excavations over the
whole territory of the Republic of Albania are monopoly of the Albanian
state.
ARTICLE 42
1. The activities described in Article 41 are performed by the
Institute of Archaeology.
2. These activities are accomplished based on the works
coordination between the Institute of Archaeology and the
Institute of the Cultural Monuments.
3. To realize these events, there may be cooperated with other
specialized institutions, state or private ones, domestic or
foreign. These co-operations are based on the agreements or
contracts, bilateral or multilateral. The exclusivity of the foreign
institutions is excluded. In any co-operating case, it s obligatory
to have the approval of the supreme body.
ARTICLE 43
1. The centers, the areas and the archaeological parks are defined
by the Institute of Archaeology and the Institute of the Cultural
Monuments. Over the territories included in this group, any kind
of intervention of constructing character or other activities that
harm them, are prohibited.
2. The archaeological areas under survey are defined by the
Institute of archaeology and the Institute of the Cultural
Monuments. Each intervention over these areas is performed in
the presence of the above institutions’ experts.
ARTICLE 44
The archaeological objects, found during the archaeological
excavations, are property of the Albanian state.
ARTICLE 45
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ARTICLE 46
On the purpose of following up the occasional archaeological
excavations, coming out during the agricultural diggings, engineering
construction works or building constructions and taking the measures
to preserve the values of these objects, when the respective units of
the Institute of Archaeology and the Institute of the Cultural
Monuments do not cover them, there are established special sets of
temporary function on the decree of the Minister of Culture, Youth and
Sports.
ARTICLE 47
In cases of huge constructions over the state or private property
territory, such as roads, highways, airports, industrial works, new
housing centers, the investors, during the drafting and applying their
projects, are bound to consult with the experts of the Institute of
Archaeology and the Institute of the Cultural Monuments. The experts
check the area and prepare the respective report. When the area
features important archaeological, ethnographic values or traces of
ancient or traditional architecture, the project must be modified. The
proposal to modify the project must be delivered by the institutions
having performed the checking and the expenses for these
modifications must be covered by the investors themselves.
ARTICLE 48
1. When right after the construction works have begun, there are
found traces or objects of archaeological – ethnological values, the
work will immediately be suspended.
The leaders and the investors of the works will inform within three
days the local authorities, the Institute of Archaeology and the
Institute of the Cultural Monuments, who are responsible to make the
respective check-in , to report on the values found and make the
proposals on the continuation or not of the working procedures.
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3. In the case the workings should undergo changes, all their expenses
as well as those covering the scientific searches, the necessary
restoring or preserving activities, will be totally covered by the
investor.
CHAPTER IV
ADMINISTRATIVE VIOLATION
ARTICLE 49
1.There will be called administrative violations and be fined with the
respective penalties the following offences, when they do not make up
a penal deed:
ARTICLE 50
0. The inspectors of the Institute of Archaeology, of the
Institute of the Cultural Monuments and of the National
Center of the Cultural Property Inventory enjoy the right to
impose the penalty, in accordance with the field they
cover.
0. The treatment of the administrative violations, the
claiming and the execution of the decisions are preformed
based on the procedures and the terms defined in the
Code of the Administrative Procedures.
0. The amount cashed by the fine-collecting goes 50 % to the
State Budget and 50% to the institutions legally
responsible for the object.
CHAPTER V
TRANSITORY AND FINAL DISPOSITIONS
ARTICLE 51
Each physical or legal person, owning objects comprising movable
cultural heritage, must declare them to the cultural bodies of local
government and record them into the National center of the Cultural
Property Inventory following the procedures set by this Center, within
a time of two years starting the entering into force of this Law.
ARTICLE 52
For the cultural monuments given on rent before this Law enters into
force, the loan contract for the remaining period should be arranged in
accordance with the dispositions of this Law.
ARTICLE 53
1. The Institute of the Cultural Monuments and the Institute of
Archaeology, should present, within the time of 6 months from
the date this law enters into force, to the Council of Ministers the
list of the archaeological areas inside the territory of the
residential centers of Shkodra, Lezha, Kruja, Durres, Elbasan,
berat, Vlora and Saranda to be approved.
2. Within the period of one yare from the date this Law enters into
force, the Institute of the Cultural Monuments and the Institute
of Archaeology present to the Council of Ministers the list of the
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ARTICLE 54
It is the Council of Ministers in charge to issue bylaws in appliance of
this Law, based on the Articles 9 point 5, Article 19 point 3, Article 20
point 2, Article 29 and 31 point 1.
ARTICLE 55
The Law nr.7867, date 12.10.1994 “ For the protection of the cultural
heritage, movables and immovable, is abrogated.
ARTICLE 56
This Law enters in force 15 days after its publication in the Official
Gazette.