Formal and procedural conditions concerning the incorporation of items proclaimed “Masterpieces of the Oral and Intangible Heritage of Humanity” in the Representative List

1.

In conformity with Article 31.1 of the Convention, the Committee shall automatically incorporate in the List foreseen in Article 16 of the Convention all the items that had been proclaimed “Masterpieces of the Oral and Intangible Heritage of Humanity” before the entry into force of the Convention, following the adoption of the present Operational Directives by the General Assembly of the States Parties.

2.

This incorporation is enforceable upon all States having present on their territories one or several items proclaimed Masterpieces, whether or not they are party to the Convention. Concerning the States non party whose items proclaimed Masterpieces have been incorporated in the List, they shall enjoy all the rights and assume all the obligations included within the Convention as regards only those items present on their territories, on the condition they so consent in writing, it being understood that those rights and obligations cannot be invoked or applied separately from each other.

3.

All States non party having present on their territories items proclaimed Masterpieces shall be notified by the Director-General about the adoption of the present Operational Directives which require that these items be placed on an equal footing with items inscribed in the future, in conformity with Article 16.2 of the Convention, and governed by the same legal regime for monitoring, transfer from one List to the other or withdrawal, according to the modalities foreseen by these Operational Directives.

4.

Through the abovementioned notification, States non party will simultaneously be invited by the Director-General as mandated by the Committee to express, within one year, their explicit consent in writing to accept the rights and assume the obligations contained in the Convention in accordance with paragraphs 2 and 3 above.

5.

The written notification of this acceptance by the State non party shall be addressed to the Director-General acting in his capacity as Depositary of the Convention, and constitutes submission of the items proclaimed Masterpieces concerned to the full legal regime of the Convention.

6.

In the case that a State non party to the Convention has refused to provide within one year written consent to accept the rights and assume the obligations under the Convention concerning items present on its territory and inscribed on the Representative List, the Committee shall have the right to withdraw these items from the List.

7.

In the case that a State non party to the Convention has not responded to the notification or keeps silent on its intent, or in the case of absence of an explicit indication of its consent within one year, its silence or lack of response will be considered by the Committee as a refusal justifying the application of point 6 above, unless circumstances beyond its control prevent it from notifying its acceptance or refusal.

8.

In the case that an item proclaimed Masterpiece incorporated in the List is found to be on the territories of both a State Party and a State non party to the Convention, it shall be considered as benefiting from the full legal regime established by the Convention, it being understood that the State non party shall be invited by the Director-General as mandated by the Committee to consent to the obligations foreseen by the Convention. In the absence of an explicit indication of its consent, the Committee shall have the right to recommend that the State non party refrain from undertaking any act that might harm the item proclaimed Masterpiece so concerned.

9.

The Committee shall report to the General Assembly of the States Parties on the measures taken in this respect according to the modalities and formalities foreseen by the present Operational Directives.