The Polish government has proposed amendments to the Care and Protection of Monuments Act, hoping to safeguard cultural heritage more effectively and align legal regulations with current market conditions.
Key Objectives
1. Closing the National Register of Lost Cultural Artefacts
Established in 2015, the National Register of Lost Cultural Artefacts was supposed to protect the rights of legitimate owners by preventing anyone else from laying claim to their stolen assets. Nearly a decade later, the register remains empty and is set to be shut down completely, which will involve repealing relevant provisions of the Care and Protection of Monuments Act, the Civil Code, and the Restitution of National Cultural Artefacts Act.
2. Strengthening the Role of the National Revenue Administration
The government seeks to expand the National Revenue Administration's authority over the monument market. Most notably, it will be granted new powers to identify and address offences related to the illegal trade in cultural artefacts.
3. Imposing Liability for Inadequate Record Keeping
At present, there is no legal basis for holding businesses that trade in monuments liable for failing to keep proper records. Amidst overlapping legislative changes, the relevant provision was inadvertently omitted from the list of those subject to sanctions. The proposed amendment aims to fill this gap and has garnered support from both the National Revenue Administration and the Ministry of Culture and National Heritage.
The amended regulations are set to be adopted in the first quarter of 2025.
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