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Procedure for compensation by state for damage caused to owner of international exhibition and list of risks which are not covered by compensation for damage to exhibitions

Issuer:Government
Type:regulation
In force from:02.05.2019
In force until: In force
Translation published:04.09.2019

Procedure for compensation by state for damage caused to owner of international exhibition and list of risks which are not covered by compensation for damage to exhibitions
[RT I, 29.01.2019, 3 - entry into force 01.02.2019]

Passed 26.09.2013 No. 140
RT I, 28.09.2013, 15
Entry into force 01.10.2013

Amended by the following legal instruments (show)

PassedPublishedEntry into force
24.01.2019RT I, 29.01.2019, 301.02.2019
25.04.2019RT I, 29.04.2019, 502.05.2019

The Regulation shall be laid down on the basis of subsection 26 (31) and § 29 of the Museums Act.
[RT I, 29.01.2019, 3 - entry into force 01.02.2019]

§ 1.  Scope of the regulation

  This Regulation establishes the list of risks which are not covered by compensation (hereinafter compensation for damage to the exhibition) for direct material damage (hereinafter damage) caused to the owner of a thing of significant artistic or historical value or a set of exhibition consisting of such things (hereinafter exhibition), and the procedure for submission and review of application for the grant of guarantee for payment of compensation for damage (hereinafter application), making a decision on the guarantee of the compensation for damage to exhibition, notification of the damage upon the event of damage, review and assessment of damage, payment of compensation for damage to the exhibition and for reclaim of the compensation for damage by the state.
[RT I, 29.01.2019, 3 - entry into force 01.02.2019]

§ 11.  Scope of application of regulation

 (1) Guarantee of compensation for damage to the exhibition is state aid covered by block exemption regarding the application of Articles 107 and 108 of the EU Treaty to Commission Regulation (EU) No 651/2014 declaring certain categories of aid compatible with the internal market (OJ L 187, 26.06.2014, pp. 1-78) as amended by Commission Regulation (EU) 2017/1084 (OJ L 156, 20.6.2017, pp. 1–18) (hereinafter the Block Exemption Regulation), within the meaning of Article 53.

 (2) This Regulation shall not apply to a museum to which an outstanding order for repayment of state aid has been submitted on the basis of the prior decision of the European Commission or the Court of Justice by which state aid is deemed unlawful or misused and incompatible with the common market.

 (3) The Regulation shall not apply to a museum which is an undertaking in difficulty within the meaning of Article 2 point18 of the Block Exemption Regulation.
[RT I, 29.01.2019, 3 - entry into force 01.02.2019]

§ 12.  Risks not covered by compensation for damage to exhibition

  The compensation for damage to the exhibition shall not cover the damage which is caused by:
 1) confiscation of the exhibition by another state;
 2) natural aging of an item;
 3) an error which was made during the previous restoration or conservation but only became evident in the period covered by the compensation for damage to the exhibition;
 4) war, civil war, coup, rebellion against public authority and resulting civil unrest, any hostile action against the armed forces, except during the period when the items compensated by the compensation for damage to the exhibition are on board a watercraft or aircraft;
 5) a terrorist act and its prevention, except during the transportation period;
 6) ionizing radiation or radioactive contamination caused by any nuclear fuel, nuclear waste or combustion of nuclear fuel;
 7) any radioactive, toxic, explosive or otherwise harmful properties of any nuclear installation, reactor or other nuclear installation;
 8) a weapon or device that uses nuclear fission or fusion or other similar reaction or radioactive force or substance;
 9) any radioactive, toxic, explosive or other harmful properties of any radioactive material except for radioactive isotopic properties used for commercial, agricultural, medical, scientific or other similar peaceful purposes;
 10) any chemical, biological, biochemical or electromagnetic weapon.
[RT I, 29.01.2019, 3 - entry into force 01.02.2019]

§ 2.  Submitting an application

 (1) Upon planning temporary exhibition, the guarantee of compensation for damage to the exhibition may be applied for by a state museum and a museum using a state-owned museum collection under the terms provided by Chapter 4 of the Museums Act and pursuant to the procedure established in this Regulation.

 (2) The guarantee of compensation for damage to the exhibition may be applied for, if the total value of the exhibition evaluated in monetary terms (hereinafter value of exhibition) is at least:
 1) 65,000 euros for an inbound exhibition;
 2) 10,000 euros for an outbound exhibition.

 (3) Value of exhibition shall be assessed by the grantor of the exhibition on the basis of specific interest based on artistic or historical value and particularities of a singular item, regardless of its utility.

 (4) If the value of the exhibition is up to ten million euros, the application shall be submitted to the National Heritage Board at least three months prior to the transfer of exhibition to the transporter.
[RT I, 29.04.2019, 5 - entry into force 02.05.2019]

 (5) In justified cases, the National Heritage Board shall be entitled, as an exception, to shorten the term provided for in subsection 4.
[RT I, 29.04.2019, 5 - entry into force 02.05.2019]

 (6) If the value of exhibition exceeds ten million euros, the application shall be submitted to the National Heritage Board no later than at the beginning of the year preceding the year of transferring the exhibition to the transporter, in order to enable submission of planned title of the exhibition, the period of transportation and exhibition and the owner of the exhibition in the annual State Budget Act pursuant to clause § 28 (3) 3) of the Museums Act.
[RT I, 29.04.2019, 5 - entry into force 02.05.2019]

 (7) Application shall be complemented by the following:
 1) expert assessment reflecting significant artistic or historical value and value of the exhibition evaluated in monetary terms;
 2) data reflecting the guarantee to be granted to the exhibition pursuant to equivalent legislation of a foreign state;
 3) documents in proof of evidence that the organisation of work of the transporter and exhibitor of the exhibition and the exhibition space or building ensure the preservation of the exhibition and comply with the conditions set by the grantor of the exhibition for the purpose of exhibiting thereof;
 4) explanation about the procedure for assessing the condition of things forming part of the exhibition before transfer of the exhibition to the transporter and after receipt of the exhibition from the transporter.

§ 3.  Committee for review of applications

 (1) The Director General of the National Heritage Board shall constitute a single or standing Advisory Committee (hereinafter committee) for review of the compensation application mentioned in clause § 5 4) and in the application.
[RT I, 29.04.2019, 5 - entry into force 02.05.2019]

 (2) Composition of the committee shall be confirmed by the order of the Director General of the National Heritage Board.
[RT I, 29.04.2019, 5 - entry into force 02.05.2019]

 (3) The committee consists of at least five members, including representatives of the Ministry of Culture, the National Heritage Board and the Ministry of Finance and experts of art, museology, insurance, security and fire safety, if necessary.
[RT I, 29.04.2019, 5 - entry into force 02.05.2019]

 (4) Meetings of the committee shall be convened and chaired by chairman of the committee or vice-chairman of the committee in the absence of the chairman.

 (5) Meetings of the committee shall be recorded in minutes.

§ 4.  Review of application and making decision on the guarantee of the compensation for damage to the exhibition

 (1) Committee shall review the submitted application and the documents attached thereto and demand submission of additional information and documents, if necessary.

 (2) On the basis of the submitted documents, the committee shall make one of the following proposals to the Minister of Culture:
 1) to guarantee the compensation for damage to the exhibition to the extent indicated in the application;
 2) to guarantee the compensation for damage to the exhibition to a reduced extent;
 3) to refuse from the guarantee of the compensation for damage to the exhibition.

 (3) Upon making a proposal mentioned in clauses 1 and 2 of subsection 2, the committee shall be guided by the following:
 1) the upper limit specified in clause 28 (3) 1) of the Museums Act;
 2) artistic or historical value and value of the exhibition evaluated in monetary terms;
 3) amount of the guarantee to be granted to the exhibition pursuant to equivalent legislation of a foreign state.

 (4) Committee shall make a proposal to refuse from the guarantee of compensation for damage to the exhibition, if it becomes evident from the documents that:
 1) application has not been submitted within the period provided for in subsections § 2 (4) -(6);
 2) value of the exhibition evaluated in monetary terms does not correspond to the provisions of subsection § 2 (2);
 3) the exhibition has no significant artistic or historical value;
 4) the submitted documents do not show with sufficient certainty that preservation of the exhibition shall be ensured and the conditions set by the grantor of the exhibition for the purpose of exhibiting thereof shall be complied with;
 5) upon making the decision on the guarantee of the compensation for damage to the exhibition, the upper limit of the total amount of compensation for damage to the exhibition guaranteed by the state for the exhibitions to be exposed within the calendar year specified in clause 28 (3) 1) of the Museums Act would be exceeded.
[RT I, 29.01.2019, 3 - entry into force 01.02.2019]

 (5) Committee shall be entitled to establish mandatory additional requirements for ensuring preservation of exhibition in the proposal mentioned in clause 1 of subsection 2.

 (6) Committee may determine in the proposal referred to in clause (2) 2), taking account of the significance of the cultural history of the exhibition, the unusually high cost of the guaranteed compensation for damage or the existence of the insurance contract under the Law of Obligations Act or the guaranteed compensation for damage under equivalent foreign law, to cover only part of the composition, value, exhibit or transport period of the exhibition or territorial appearance with the guaranteed compensation for damage.
[RT I, 29.01.2019, 3 - entry into force 01.02.2019]

 (7) On the basis of the proposal of the committee, the National Heritage Board shall prepare a draft order of the Government of the Republic on making a decision about the guarantee of the compensation for damage to the exhibition or refusal thereof, shall submit this draft to the Ministry of Culture and the Minister of Culture shall submit it to the Government of the Republic session.
[RT I, 29.04.2019, 5 - entry into force 02.05.2019]

 (8) If the Government of the Republic has authorised the Minister of Culture to decide on granting the guarantee of the compensation for damage to the exhibition or refusal thereof, the National Heritage Board shall prepare a draft ministerial directive on the basis of the proposal of the committee and shall submit it to the Ministry of Culture.
[RT I, 29.04.2019, 5 - entry into force 02.05.2019]

 (9) The decision on the grant of guarantee of the compensation for damage to the exhibition or refusal thereof shall be made by the Government of the Republic or by the Minister of Culture on the basis of the authorisation by the Government of the Republic.
[RT I, 29.01.2019, 3 - entry into force 01.02.2019]

 (10) The order of the Government of the Republic or directive of the Minister of Culture shall set out the following:
 1) planned title of the exhibition;
 2) list and description of things forming a part of the exhibition;
 3) period of transportation of the exhibition;
 4) place and time of exhibition;
 5) owner of exhibition;
 6) amount of the extent to which the payment of compensation for damage to the exhibition is guaranteed;
 7) additional requirements and conditions specified in subsections 5 and 6;
 8) information on the grant of state aid covered by the block exemption and reference to the Block Exemption Regulation.
[RT I, 29.01.2019, 3 – entry into force. 01.02.2019]

§ 5.  Notification of the damage upon the event of damage

  Upon the event of damage, a museum that has applied for guaranteeing the compensation for damage to the exhibition undertakes immediately:
 1) to notify the National Heritage Board;
[RT I, 29.04.2019, 5 - entry into force 02.05.2019]
 2) in cooperation with foreign state exhibitor or foreign state agency that has granted the exhibition for the purpose of exhibiting thereof in Estonia, to start preparing an expert assessment in order to determine the extent of the damage occurred and to conduct or order necessary expert analyses;
 3) to forward to the National Heritage Board all the available information concerning the event of damage, in order to determine whether the state undertakes to pay the compensation for damage to the exhibition and the amount thereof;
[RT I, 29.04.2019, 5 - entry into force 02.05.2019]
 4) to submit to the Ministry of Culture a compensation application along with the documents prepared in relation to the event of damage showing the extent of damage and the amount of the applied compensation for damage to the exhibition, as well as the occurrence of circumstances enabling the compensation and absence of circumstances excluding the compensation.

§ 6.  Review and assessment of damage

 (1) Committee shall review the application submitted pursuant to clause § 5 4) and the documents attached thereto and demand submission of additional information and documents, if necessary.

 (2) On the basis of the submitted documents, the committee shall determine whether:
 1) the damage is in compliance with the conditions specified in § 26 of the Museums Act and this regulation and additional requirements and conditions set out upon taking a decision on guaranteeing the compensation for damage to the exhibition;
[RT I, 29.01.2019, 3 - entry into force 01.02.2019]
 2) the damage has occurred in the period specified in clause 28 (1) 1) of the Museums Act;
 3) the amount of damage corresponds to the information submitted in the documents.

 (3) On the basis of the submitted documents, the committee shall make one of the following proposals to the Minister of Culture:
 1) to pay compensation for damage to the exhibition to the extent indicated in the application;
 2) to pay compensation for damage to the exhibition to a reduced extent;
 3) to refuse from the payment of compensation for damage to the exhibition.

 (4) The amount of the compensation for damage to the exhibition shall be planned in the state budget in accordance with the proposal mentioned in subsection 3 and the State Budget Act.

 (5) Upon planning the amount of the compensation for damage to the exhibition, the following amounts shall be deducted therefrom both for inbound and outbound exhibition:
 1) the amount of deductible specified in clause 28 (3) 2) of the Museums Act;
 2) the amount to be compensated on the basis of insurance contract concluded pursuant to the Law of Obligations Act or the guarantee granted to the exhibition pursuant to equivalent legislation of a foreign state.

§ 7.  Payment of the compensation for damage to the exhibition

 (1) Compensation for damage to the exhibition shall be paid from the state budget through the National Heritage Board.
[RT I, 29.04.2019, 5 - entry into force 02.05.2019]

 (2) Compensation for damage to the exhibition shall be paid as follows:
 1) in the case of restoration or replacement of inbound or outbound exhibition, the compensation for damage to the exhibition shall be paid to the restorer or replacer of the exhibition on the basis of the document attesting the expenditure;
 2) if it is not possible to restore or replace an inbound exhibition, the compensation for damage to the exhibition shall be paid to the person or foreign state agency that has granted the exhibition for the purpose of exhibiting thereof in Estonia.

 (3) If it is impossible to restore or replace the outbound exhibition, the compensation for damage to exhibition shall not be paid.

§ 8.  Reclaim of the compensation for damage by the state

 (1) To the extent of the amount paid as compensation for damage to the exhibition, the state has a right of recourse against the person who is responsible for the damage occurred.

 (2) In the matters related to reclaim, the state shall be represented by the Minister of Culture who has a right to delegate an authorisation.

 (3) If a person to whom was paid the compensation for damage to the exhibition receives compensation for the same damage from the person responsible for the damage, on the basis of the guarantee granted to the exhibition pursuant to insurance contract or equivalent legislation of a foreign state or from some other source and this amount has not been deducted from the compensation for damage before the payment, then this person undertakes to notify the National Heritage Board immediately thereof and pay back the compensation to the extent of the amount of the compensation for damage received from other source(s).
[RT I, 29.04.2019, 5 - entry into force 02.05.2019]

§ 81.  Preservation of documents

  The Ministry of Culture, the National Her itage Board and the museum requesting the grant of guarantee for compensation for damage to the exhibition shall keep the documents related to the grant of guarantee within ten years as of making a decision on the grant of guarantee of compensation for damage.
[RT I, 29.04.2019, 5 - entry into force 02.05.2019]

§ 9.  Implementation of the Regulation

  [Repealed - RT I, 29.01.2019, 3 - entry into force 01.02.2019]

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