Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Minister shall prescribe cultural property for purposes of Convention

126. (1) There shall, as soon as is practicable after the commencement of this section, be prescribed the classes of objects that fall within the scope of Article 1 of the Convention as cultural property for the purposes of the Convention.

(2) In prescribing classes of objects under subsection (1), the Minister shall have regard to whether objects of any such class are, or would be if brought within the State, of a class specified in subsection (3) or, notwithstanding that they are not situated within the State, are comparable to a class specified in subsection (3).

(3) The classes of objects specified for the purposes of subsection (2) are—

(a) archaeological objects,

(b) objects which are articles to which Part IV of the Act of 1997 applies under section 49(1) of that Act,

(c) objects of a class or classes appropriate for entry in the register of cultural objects established under section 48(1) of the Act of 1997 (and whether or not any such objects have been so entered),

(d) objects of a class or classes appropriate for entry in the record of cultural objects established under section 48(2) of the Act of 1997 (and whether or not any such objects have been so entered),

(e) objects which are cultural goods for the purposes of Council Regulation (EC) No. 116/2009 of 18 December 20089 on the export of cultural goods,

(f) objects to which the European Communities (Return of Foreign Cultural Objects) Regulations 2016 ( S.I. No. 53 of 2016 ) apply, and

(g) objects which are cultural goods for the purposes of Regulation (EU) 2019/880 of the European Parliament and of the Council of 17 April 201910 on the introduction and the import of cultural goods.

9OJ No. L39, 10.2.2009, p. 1

10OJ No. L151, 7.6.2019, p. 1