I.11 Transfer of an element from one List to the other or removal of an element from a List

       38. An element may not simultaneously be inscribed on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding and the Representative List of the Intangible Cultural Heritage of Humanity. A State Party may request that an element be transferred from one List to the other. Such a request must demonstrate that the element satisfies all of the criteria for the List to which transfer is requested, and shall be submitted according to the established procedures and deadlines for nominations.

       39. An element shall be removed from the List of Intangible Cultural Heritage in Need of Urgent Safeguarding by the Committee when it determines, after assessment of the implementation of the safeguarding plan, that the element no longer satisfies one or more criteria for inscription on that list.

       40. An element shall be removed from the Representative List of the Intangible Cultural Heritage of Humanity by the Committee when it determines that it no longer satisfies one or more criteria for inscription on that list.

I.12 Modification of name of an inscribed element

       41. One or more States Parties may request that the name by which an element is inscribed be changed. Such a request shall be submitted at least three months prior to a Committee session.

I.13 Programmes, projects and activities selected as best reflecting the principles and objectives of the Convention

       42. The Committee shall encourage research, documentation, publication and dissemination of good practices and models with international cooperation in generating safeguarding measures and creating favourable conditions for such measures that have been evolved by States Parties in the implementation of selected programmes, projects and activities, with or without assistance.

       43. The Committee shall encourage States Parties to create favourable conditions for the implementation of such programmes, projects and activities.

       44. In addition to the register of selected programmes, projects and activities, the Committee shall compile and make available information about the measures and methodologies used, and experiences gained, if any.

       45. The Committee shall encourage research on and evaluation of the effectiveness of safeguarding measures included in the programmes, projects and activities that it has selected and shall promote international cooperation in such research and evaluation.

       46. On the basis of experiences gained and lessons learned in these and other safeguarding programmes, projects and activities, the Committee shall provide guidance on best safeguarding practices and make recommendations on measures for safeguarding intangible cultural heritage (Article 7 (b) of the Convention).

I.14 International assistance

       47. International assistance requests up to US$100,000 (except requests for preparatory assistance) and emergency requests regardless of the amount can be submitted at any time.

       48. The Secretariat shall assess the completeness of the request and may ask for missing information. It shall inform the requesting State(s) Party(ies) about the possible examination dates of the request.

       49. Requests up to US$100,000, including preparatory assistance, are examined and approved by the Bureau of the Committee.

       50. Emergency requests, regardless of the amount are examined and approved by the Bureau of the Committee. For the purpose of determining whether a request for international assistance constitutes an emergency request eligible to receive priority consideration by the Bureau, an emergency shall be considered to exist when a State Party finds itself unable to overcome on its own any circumstance due to calamity, natural disaster, armed conflict, serious epidemic or any other natural or human event that has severe consequences for the intangible cultural heritage as well as communities, groups and, if applicable, individuals who are the bearers of that heritage.

       51. Requests greater than US$100,000 are evaluated by the Evaluation Body described in paragraph 27 above, and examined and approved by the Committee.

       52. The Secretariat shall communicate the decision concerning the granting of assistance to the requesting party(ies) within two weeks following the decision. The Secretariat shall reach agreement with the requesting party(ies) on the details of the assistance.

       53. The assistance will be subject to appropriate monitoring, reporting and evaluation.

I.15 Timetable – Overview of procedures

       54. Phase 1: Preparation and submission

            31 March Year 0                Deadline for preparatory assistance requests for the elaboration of nominations for the List of Intangible Cultural Heritage in Need of Urgent Safeguarding and proposals for programmes, projects and activities that best reflect the objectives of the Convention (Article 18).

           31 March Year 1                  Deadline by which nominations for the List of Intangible Cultural Heritage in Need of Urgent Safeguarding and the Representative List of the Intangible Cultural Heritage of Humanity, proposals for programmes, projects and activities and international assistance requests greater than US$100,000 must be received by the Secretariat. Files received after this date will be examined in the next cycle. The Secretariat posts on the website of the Convention, in their original language, files as received.

           30 June Year 1                    Deadline by which the Secretariat will have processed the files, including registration and acknowledgement of receipt. If a file is found incomplete, the State Party is invited to complete the file.

           30 September Year 1         Deadline by which missing information required to complete the files, if any, shall be submitted by the State Party to the Secretariat. Files that remain incomplete are returned to the States Parties that may complete them for a subsequent cycle. As files revised by submitting States reach the Secretariat following its requests for additional information, they are posted online and replace the original files received. Their translations into English or French are also posted online as they become available.

       55. Phase 2: Evaluation

            December Year 1 to May Year 2          Evaluation of the files by the Evaluation Body. April – June Year 2 Meeting for final evaluation by the Evaluation Body. Four weeks prior to the session of the Committee The Secretariat transmits the evaluation reports to the members of the Committee and makes them available on-line for consultation.

       56. Phase 3: Examination November Year 2         The Committee examines the nominations, proposals and requests and makes its decisions.

I.16 Incorporation of items proclaimed ‘Masterpieces of the Oral and Intangible Heritage of Humanity’ in the Representative List of the Intangible Cultural Heritage of Humanity

       57. 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.

       58. 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 that they so consent in writing, it being understood that those rights and obligations cannot be invoked or applied separately from each other.

       59. 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.

       60. Through the above-mentioned 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 the modalities foreseen in paragraphs 58 and 59 above.

       61. 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.

       62. 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 of the Intangible Cultural Heritage of Humanity, the Committee shall have the right to withdraw these items from the List.

       63. 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 paragraph 62 above, unless circumstances beyond its control prevent it from notifying its acceptance or refusal.

       64. 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 the State non party’s consent, the Committee shall have the right to recommend that it refrain from undertaking any act that might harm the item proclaimed Masterpiece so concerned.

       65. The Committee shall report to the General Assembly on the measures undertaken in this respect according to the modalities and formalities foreseen by the present Operational Directives.