The Secretariat's answers

This page gathers the questions that States, professionals, experts and individuals most often ask about Directive No. 2019-07. The answers are drafted by the Secretary-General's Office and updated each year.
The questions are grouped into four themes: scope and legal value, practical application, experts and analyses, opinion and appeals. A table of contents lets you go straight to the theme that interests you.
If your question does not appear, you can ask it through the contact form: the most frequent questions are added to this page.
The FAQ in figures
Scope and legal value
To whom does the directive apply?
To Member States, which must transpose it, and, indirectly, to the experts, laboratories and professionals who certify cultural property under OIMAP's aegis.
Can an individual rely on it?
Yes, before the courts of their State where it has transposed it or refers to it, and before the Arbitral Tribunal.
Does the directive prevail over national law?
It must be transposed; in case of persistent contradiction, the arbitration procedure allows the matter to be decided.
What is the difference with a recommendation?
A directive is binding on States, a recommendation is not.
Has the text been amended?
Not since 2019; only implementation notes have been added.
Practical application
Is an OIMAP certificate binding on all States?
It is recognised by the 67 Member States, on the principle of mutual recognition.
Can a State refuse a certificate?
Only for a specific, notified and proportionate reason.
Does the directive impose a certification timeframe?
It sets maximum timeframes for admissibility and the decision.
Does it apply to digital works?
Yes, through note 9 on digital certifications.
How does the directive treat living artists?
Through note 10: the artist or their successor in title confirms the attribution.



Experts and analyses
Who appoints the expert?
The Secretariat, by drawing lots within the specialty, in accordance with article 8.
Can I challenge an expert?
Yes, within five days, by a reasoned request.
Are analyses mandatory?
No, they are proportionate to the work and what is at stake (article 12).
Can a sample be imposed?
No, it requires the owner's written consent.
Are laboratories monitored?
Yes, by audit and by interlaboratory comparisons.
Opinion and appeals
Must the opinion be reasoned?
Yes, in writing, with the sources, the analyses and the degree of certainty.
How long is the file kept?
For the whole life of the work in the Registry.
How can an opinion be challenged?
By a request for review within thirty days, then before the Arbitral Tribunal.
Is the review free?
It is charged at 30% of the initial price.
Can I consult my file?
Yes, at any time, from your area at the Desk.
Going further
| Subject | Page |
|---|---|
| Text of the directive | Text |
| Implementation notes | Notes |
| Experts' ethics | Code of ethics |
| Appeals | Arbitration |
A specific legal question?
Ask a question or open a case

Ask a question
General information- Reply within 3 days
- Free of charge
- No commitment
To understand the rule.

Open a case
Concrete procedure- Application of the directive to your work
- Price depending on the act
- Online follow-up
To obtain a certificate.



Development of the FAQ
- First version
Ten questions.
- Addition of appeals
Five questions.
- Addition of digital matters
Four questions.
- Reorganisation by theme
Twenty questions.
Case study: a question that became a note
When the FAQ changes the law
Several applicants ask how to apply the directive to a work by a living artist.
- The Secretariat gathers the questions.
- It publishes note 10.
- The FAQ now refers to this note.
A practice becomes a clear rule.
A service principle

« A successful FAQ is one that you eventually no longer need to read. »
Vocabulary of the FAQ
- FAQ
- Frequently asked questions.
- Review
- New examination at the applicant's request.
- Successor in title
- Person who holds an artist's rights.
- Enforceable
- Which can be invoked against third parties.
Contacts

Ask a question
Image credits (16)
- Leaf from a Lectionary with St. Luke (1057–1063) — Cleveland Museum of Art, CC0 1.0
- The Judgment of Solomon and Esther before Ahasuerus (pair), Dirk Vellert (c. 1530) — Cleveland Museum of Art, CC0 1.0
- St. Anthony Reading, Albrecht Dürer (1519) — Cleveland Museum of Art, CC0 1.0
- Mercury (Budha), from a Mandi Astrology Series, Sanju (c. 1810) — Cleveland Museum of Art, CC0 1.0
- High Class Students and Teachers at Bishop Cotton School, Shimla (verso), Raja Deen Dayal (c. 1882–87) — Cleveland Museum of Art, CC0 1.0
- Qur'an Manuscript Folio (recto; verso); Left side of Bifolio (800s) — Cleveland Museum of Art, CC0 1.0
- Woman Sitting Reading , Georges Lemmen (1905) — Cleveland Museum of Art, CC0 1.0
- Sketches in Belgium and Germany, Volume I: Hall of Justice of the Magistrates du Franc, Bruges, Louis Haghe (1840) — Cleveland Museum of Art, CC0 1.0
- Bookplate: Boylston Medical Library, George Girdler Smith (1806–39) — Cleveland Museum of Art, CC0 1.0
- Chemin de fer de Toulouse à Bayonne. Pont de l'Aran (en trois arches de 17m d'ouverture chacune). Situation des travaux au 21 juillet 1861, Édouard Baldus (1861) — Cleveland Museum of Art, CC0 1.0
- A Lady Reading, Francis Seymour Haden (1833–1910) — Cleveland Museum of Art, CC0 1.0
- A Palace with an Arched Bridge (A Roman Villa), Hubert Robert (1760) — Cleveland Museum of Art, CC0 1.0
- Dr. James Stuart; Mary Campbell Stuart, Gilbert Stuart (c. 1815) — Cleveland Museum of Art, CC0 1.0
- Seal of Doge Michele Steno (reverse) (1400–1409) — Cleveland Museum of Art, CC0 1.0
- Roman Ruins, Villa Pamfili, Hubert Robert (1774) — Cleveland Museum of Art, CC0 1.0
- Missale: Fol. 185v: Crucifixion with borders (full page), Bartolommeo Caporali (1469) — Cleveland Museum of Art, CC0 1.0
Cleveland Museum of Art · CC0 1.0
TextThe five titles and twenty-four articles of Directive No. 2019-07, presented in summary and by theme.›
Implementation notesThe notes published by the Secretariat to apply Directive No. 2019-07: States, professionals, experts and laboratories.›
Contact usContact details of the General Secretariat, the regional offices and the online contact form.›