Národní systémy státních záruk

The present study investigates national systems of indemnity insurance in relation to the movement of art works intended for display in exhibitions in Europe. A state indemnity means that the owners of the exhibit object on loan are offered an assurance that, in case of damage or loss, public authorities will provide financial compensation.

For this purpose, 31 European countries have been examined: Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Hungary, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, the Slovak Republic, Slovenia, Spain, Sweden, Switzerland and the United Kingdom.

The topic of this survey is of major concern to the organisers of temporary exhibitons: large museums, both in Europe and worldwide, exhibition organisers, cultural administration staff, ministries, and municipal departments, etc..

This report aims to increase our knowledge on this topic and thus to facilitate exhibition planning and organisation. As the systems - if they exist at all - vary widely from one country to another and are often not clearly understood, lenders tend to refuse state indemnity offered by other countries and, consequently, refuse to lend works to temporary exhibitions unless they are covered by a commercial insurance policy. This pushes up the costs of exhibitions and can sometimes force the organiser to abandon the project. The lenders' refusal to accept state indemnity is likely to prejudice the proper performance of Article 151 of the Treaty establishing the European Community, because it hinders the movement of art works and may also obstruct access to cultural diversity by European citizens. The European continent has a large number of museums which form the basis of people's knowledge of art, culture and science. It currently numbers over 30,000 museums. About 300 of them regularly organise temporary exhibitions of international importance. An estimated total of 500 million people visit European museums every year; they include local inhabitants, domestic visitors as well as foreign tourists, many of whom come from overseas. Temporary exhibitions enable this wide public to see works which are usually scattered throughout the world, both in museums and in private collections. Organising such temporary exhibitions requires major funding. The works have to be transported by specialised carriers, architects or scenographers are required to design the exhibition, and qualified surveillance staff has to guard the works. Advertising, the publication of the catalogue, and the production of posters and commercial products must be taken care of. But one of the major expenses is the cost of insuring the works of art. The average cost is estimated at 20% of the budget. In most cases, insurance is taken out with a commercial insurance company specialised in art works. To keep insurance costs down, alternative ways of insuring the works have been sought.

"Non-insurance": in many European countries, works in the collections held by major museums are not insured because the State is "its own insurer". However, such self-insurance is seldom accepted for works on loan for temporary exhibitions, because there is no coverage in the event of damage or loss.

"State indemnity": in the event of damage or loss, the State pays compensation. A state indemnity system requires a particular legislative and statutory framework. This report analyses state indemnity schemes in Europe and compares the different systems. It includes legal comments in relation to Article 151 of the Treaty establishing the European Community, draws conclusions and offers suggestions for improvements.

Plné znění studie: http://europa.eu.int/comm/culture/eac/sources_info/studies/garanti_en.html