Law Approving The Convention On The Protection Of The Underwater Cultural Heritage, Adopted In Paris On 2 November 2001 (1) (2)

Original Language Title: Loi portant assentiment à la Convention sur la protection du patrimoine culturel subaquatique, adoptée à Paris le 2 novembre 2001 (1) (2)

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6 JULY 2013. - Act enacting the Convention on the Protection of Subaquatic Cultural Heritage, adopted in Paris on 2 November 2001 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention on the Protection of the Subaquatic Cultural Heritage, adopted in Paris on 2 November 2001, will come out with its full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 6 July 2013.
ALBERT
By the King:
Deputy Prime Minister
and Minister for Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of the North Sea,
J. VANDE LANOTTE
Deputy Prime Minister and Minister of the Interior,
Ms. J. MILQUET
Deputy Prime Minister
Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
The Secretary of State for Science Policy,
Ph. COURARD
Seen and sealed the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2012-2013.
Senate
Parliamentary documents. - Bill tabled on 24 October 2012, No. 5-1822/1. - Report, no. 5-1822/2.
Annales parliamentarians. - Discussion, meeting of December 13, 2012. - Vote, meeting of 13 December 2012.
House of Representatives
Parliamentary documents. - Project transmitted by the Senate, No. 53-2574/1. - Report made on behalf of the commission, No. 53-2574/2. - Text adopted in plenary and subject to Royal Assent, 53-2574/3.
Annales parliamentarians. - Discussion, meeting of January 24, 2013. - Vote, meeting of 24 January 2013.
(2) See the Decree of the Flemish Community/ Flemish Region of 16 July 2010 (Belgian Monitor of 9 August 2010), the Decree of the French Community of 19 April 2012 (Belgian Monitor of 26 June 2012), the Decree of the German-speaking Community of 19 March 2012 (Belgian Monitor of 18 April 2012), the Decree of the Walloon Region of 26 April 2012 (Belgian Moniteur of 22 May 2012) and the Belgian Order of 22nd

Convention on the Protection of Subaquatic Cultural Heritage, adopted in Paris on 2 November 2001
The General Conference of the United Nations Educational, Scientific and Cultural Organization, held in Paris from 15 October to 3 November 2001 in its thirty-first session,
Recognizing the importance of subaquatic cultural heritage as an integral part of the cultural heritage of humanity and as a particularly important element of the history of peoples, nations and their mutual relations with respect to their common heritage,
Knowing that it is important to protect and preserve the subaquatic cultural heritage and that the responsibility for this task lies with all States,
Noting that the public is increasingly giving interest and value to the subaquatic cultural heritage,
Convinced of the importance of research, information and education for the protection and preservation of subaquatic cultural heritage,
Convinced that the public has the right to benefit from the educational and recreational benefits of responsible and harmless access to the subaquatic cultural heritage in situ and that public education contributes to a better knowledge, appreciation and protection of this heritage,
Recognizing that unauthorized interventions on subaquatic cultural heritage pose a threat to the subaquatic cultural heritage, and that it is necessary to take more rigorous measures to prevent such interventions,
Acknowledging the need to adequately address the possible negative impact that legitimate activities could have on the subaquatic cultural heritage on a voluntary basis,
Deeply concerned about the intensification of commercial exploitation of subaquatic cultural heritage and, in particular, by certain activities aimed at the sale, acquisition or trocation of elements of subaquatic cultural heritage,
Knowing that technological advances facilitate the discovery of subaquatic cultural heritage and access to it,
Convinced that cooperation between States, international organizations, scientific institutions, professional organizations, archaeologists, divers, other interested parties and the general public is essential to protect the subaquatic cultural heritage,
Considering that prospecting, searching and protection of subaquatic cultural heritage requires access to and use of specific scientific methods and the use of suitable techniques and equipment, as well as a high level of professionalization, which requires uniform criteria,
Aware of the need to codify and progressively develop the rules relating to the protection and preservation of subaquatic cultural heritage in accordance with international law and international practice, including the UNESCO Convention on Measures to Prevent and Prevent the Illicit Import, Export and Transfer of Property of Cultural Property, of 14 November 1970, the UNESCO Convention for the Protection of the World, Cultural and Natural Heritage, of 16 November 1972 and
Wishing to improve the effectiveness of measures taken at the international, regional and national levels to preserve in situ elements of subaquatic cultural heritage or, if necessary for scientific or protection purposes, to carry out their recovery carefully,
After deciding, at its twenty-ninth session, that this issue would be the subject of an international convention,
Adopts this Convention on the second day of November 2001.
Article 1 - Definitions
For the purposes of this Convention:
1. (a) "subaquatic cultural heritage" means all traces of human existence with a cultural, historical or archaeological character that are immersed, partially or totally, periodically or permanently, for at least 100 years, including:
(i) sites, structures, buildings, objects and human remains, as well as their archaeological and natural context;
(ii) vessels, aircraft, other vehicles or any part thereof, with their cargo or other contents, as well as their archaeological and natural context; and (iii) prehistoric objects.
(b) Pipelines and cables on the seabed are not considered to be part of the subaquatic cultural heritage.
(c) Facilities other than pipelines or cables, located on the seabed and still in use, are not considered to be part of the subaquatic cultural heritage.
2. (a) "States Parties" means States that have consented to be bound by this Convention and in respect of which it is in force.
(b) This Convention shall apply mutatis mutandis to the territories referred to in article 26, paragraph 2 (b), which become parties to this Convention, in accordance with the conditions set out in that paragraph which concern each of them; to this extent, the term "States Parties" means these territories.
3. "UNESCO" means the United Nations Educational, Scientific and Cultural Organization.
4. "Director General" means the Director General of UNESCO.
5. The seabed and subsoil are defined as "area" beyond the limits of national jurisdiction.
6. "Subaquatic cultural heritage intervention" means an activity that is primarily aimed at subaquatic cultural heritage and is likely to materially damage this heritage or cause any other damage, directly or indirectly.
7. "An intervention that has a positive impact on the subaquatic cultural heritage" means an activity that, although not, mainly or partially, for the purpose of subaquatic cultural heritage, is likely to materially impair this heritage or cause any other damage to it.
8. "State ships and aircraft" means warships and other vessels or aircraft, which belonged to a State or operated under its control, were exclusively used, at the time when they sank, for non-commercial public service purposes, which are identified as such and which meet the definition of subaquatic cultural heritage.
9. "Rules" means the Subaquatic Cultural Heritage Response Rules, as referred to in Article 33 of this Convention.
Article 2 - General objectives and principles
1. This Convention aims to ensure and strengthen the protection of subaquatic cultural heritage.
2. States parties cooperate in the protection of subaquatic cultural heritage.
3. States Parties shall preserve subaquatic cultural heritage in the interest of humanity, in accordance with the provisions of this Convention.
4. States Parties shall, individually or, where appropriate, jointly take all appropriate measures in accordance with this Convention and international law that are necessary to protect the subaquatic cultural heritage, using to that end the most appropriate means available to them, and in accordance with their respective capacities.
5. In situ conservation of subaquatic cultural heritage must be considered as the priority option before any intervention on this heritage is authorized or undertaken.
6. The subaquatic cultural heritage elements that have been recovered are deposited, kept and managed to ensure their long-term conservation.
7. Subaquatic cultural heritage must not be the subject of any commercial exploitation.
8. In accordance with the practice of States and international law, including the United Nations Convention on the Law of the Sea, no provision of this Convention shall be construed as amending the rules of international law and the practice of States relating to sovereign immunities, or any of the rights of a State, concerning its ships and state aircraft.
9. States Parties shall ensure that all human remains immersed in the marine waters are duly respected.
10. Responsible and harmless public access to sub-aquatic cultural heritage in situ for observation or documentation should be encouraged to promote public awareness of this heritage, as well as its development and protection, except in cases of incompatibility with its protection and management.
11. No action or activity carried out on the basis of this Convention may authorize the assertion, support or challenge of a claim of sovereignty or national jurisdiction.
Article 3 - Relationship between this Convention
and the United Nations Convention on the Law of the Sea
Nothing in this Convention affects the rights, jurisdiction and duties of States under international law, including the United Nations Convention on the Law of the Sea. This Convention is interpreted and applied in the context of and in conformity with the provisions of international law, including the United Nations Convention on the Law of the Sea.
Article 4 - Relationship with the right
and the law of treasures
No activity concerning the subaquatic cultural heritage to which this Convention applies shall be subject to the right of assistance or the right of treasures unless:
(a) it is authorized by the competent authorities, and
(b) it is in full compliance with this Convention, and
(c) ensures that the maximum protection of subaquatic cultural heritage during any recovery operation is guaranteed.
Article 5 - Activities that have a positive impact
on Subaquatic Cultural Heritage
Each State Party shall use the most appropriate means available to it to prevent or mitigate any negative impact due to activities within its jurisdiction that have a positive impact on subaquatic cultural heritage.
Article 6 - Bilateral agreements,
regional or other multilateral agreements
1. States parties are encouraged to enter into bilateral, regional or other multilateral agreements, or to improve existing agreements, with a view to ensuring the preservation of subaquatic cultural heritage. All such agreements must be in full conformity with the provisions of this Convention and not weaken its universal character. Under these agreements, States may adopt rules and regulations to ensure better protection of subaquatic cultural heritage in relation to those adopted under this Convention.
2. Parties to such bilateral, regional or other multilateral agreements may invite States with a verifiable link, in particular a cultural, historical or archaeological link with the relevant subaquatic cultural heritage, to adhere to these agreements.
3. This Convention does not alter the rights and obligations of States parties to the protection of ships immersed under other bilateral, regional or other multilateral agreements concluded prior to the adoption of this Convention, in particular if they are in conformity with the objectives of this Convention.
Article 7 - Subaquatic cultural heritage in inland waters, archipelagic waters and the territorial sea
1. In the exercise of their sovereignty, States parties have the exclusive right to regulate and authorize interventions on subaquatic cultural heritage present in their internal waters, archipelagic waters and territorial seas.
2. Without prejudice to other international agreements and rules of international law applicable to the protection of subaquatic cultural heritage, the States Parties shall prescribe the application of the Rules to the interventions on subaquatic cultural heritage in their internal waters, archipelagic waters and territorial sea.
3. In their archipelagic waters and territorial sea, in the exercise of their sovereignty and in accordance with the general practice observed between the States, the States parties, with a view to cooperating for the adoption of the best methods of protection of State ships and aircraft, should inform the State of the flag party to this Convention and, where appropriate, other States with a verifiable link, in particular a cultural, historical or archaeological link, in the event of discovery
Article 8 - Subaquatic cultural heritage in the contiguous area
Without prejudice, and in addition, to articles 9 and 10, as well as pursuant to article 303, paragraph 2, of the United Nations Convention on the Law of the Sea, States parties may regulate and authorize interventions on subaquatic cultural heritage in their contiguous zone. In doing so, they prescribe the application of the Rules.
Article 9 - Declaration and notification in the exclusive economic zone and on the continental shelf
1. It is the responsibility of all States parties to protect subaquatic cultural heritage in the exclusive economic zone and on the continental shelf in accordance with this Convention.
Accordingly:
(a) a State Party shall, where one of its nationals or a ship flying its flag, make a discovery or envisage an intervention on the subaquatic cultural heritage located in its exclusive economic zone or on its continental shelf, that the national or master of the ship declares that discovery or intervention;
(b) in the exclusive economic zone or on the continental shelf of another State Party:
(i) States Parties require that the national or master of the ship declare such discovery or intervention to them and to the other State Party;
(ii) or, where appropriate, a State Party shall require that the national or master of the vessel declare such discovery or intervention and ensure the prompt and effective transmission of such declarations to all other States Parties.
2. By depositing its instrument of ratification, acceptance, approval or accession, a State Party shall specify how it will transmit the declarations under paragraph 1(b) of this article.
3. A State Party shall notify the Director General of the discoveries or interventions on subaquatic cultural heritage that are notified to it under paragraph 1 of this article.
4. The Director-General shall promptly make available to all States parties the information notified to him under paragraph 3 of this article.
5. Any State Party may inform the State party in the exclusive economic zone or on the continental shelf of which the subaquatic cultural heritage is located which it wishes to be consulted on how to ensure the effective protection of this heritage. This declaration must be based on a verifiable link, in particular a cultural, historical or archaeological link, with the subaquatic cultural heritage considered.
Article 10 - Protection of subaquatic cultural heritage in the exclusive economic zone and on the continental shelf
1. An authorization may only be issued for an intervention on subaquatic cultural heritage located in the exclusive economic zone or on the continental shelf in accordance with the provisions of this article.
2. A State Party in the exclusive economic zone or on the continental shelf of which the subaquatic cultural heritage is located has the right to prohibit or authorize any intervention on this heritage to prevent any infringement of its sovereign rights or jurisdiction as recognized by international law, including the United Nations Convention on the Law of the Sea.
3. When a discovery of subaquatic cultural heritage is made or an intervention on subaquatic cultural heritage is considered in the exclusive economic zone or on the continental shelf of a State Party, this State Party shall:
(a) consult with all other States parties that have expressed their interest under Article 9, paragraph 5, on the best way to protect subaquatic cultural heritage;
(b) coordinates these consultations as a "Coordinating State" unless it expressly declares that it does not wish to do so, in which case the States parties that have expressed an interest under Article 9, paragraph 5, designate a coordinating State.
4. Without prejudice to the obligations of all States parties to protect the subaquatic cultural heritage by the adoption of any timely measures consistent with international law to prevent any immediate danger to the subaquatic cultural heritage, including looting, the coordinating State may take all appropriate measures and/or grant any necessary authorizations in accordance with this Convention, and, if necessary, prior to consultation, in order to prevent any immediate danger to the subaquatic cultural heritage, During the adoption of these measures, the assistance of other States parties may be sought.
5. The coordinating state:
(a) implement the protection measures agreed upon by the States participating in the consultation, including the coordinating State, unless the States participating in the consultation, including the coordinating State, agree that these measures will be implemented by another State Party;
(b) issue all necessary authorizations with respect to the measures so agreed in accordance with the Rules, unless the States participating in the consultation, including the coordinating State, agree that such authorizations shall be issued by another State Party;
(c) may conduct any necessary preliminary research on subaquatic cultural heritage and issue all necessary authorizations accordingly, and shall promptly transmit the results of such research to the Director General, who shall make such information available to the other States parties without delay.
6. By coordinating consultations, adopting measures, conducting any preliminary research and/or issuing authorizations under this article, the coordinating State shall act on behalf of the States parties as a whole and not in its own interest. Such action may in itself not be invoked to claim any preferential or judicial right not enshrined in international law, in particular by the United Nations Convention on the Law of the Sea.
7. Subject to the provisions of paragraphs 2 and 4 of this article, no intervention shall be carried out on a State vessel or aircraft without the agreement of the flag State and the cooperation of the coordinating State.
Article 11 - Declaration and notification in the Area
1. It is the responsibility of all States parties to protect the subaquatic cultural heritage in the Area, in accordance with this Convention and Article 149 of the United Nations Convention on the Law of the Sea. Accordingly, where the national of a State Party or a ship flying its flag makes a discovery or intends to carry out an intervention on the subaquatic cultural heritage located in the Area, that State Party requires that its national or ship's captain declare that discovery or intervention to it.
2. The States Parties shall notify the Director General and the Secretary General of the International Seabed Authority of the discoveries or interventions on the subaquatic cultural heritage that are so reported to them.
3. The Director-General shall make such information available to all States parties without delay.
4. A State Party may inform the Director General that it wishes to be consulted on how to ensure the effective protection of this subaquatic cultural heritage. This declaration must be based on a verifiable link to this subaquatic cultural heritage, particularly in the light of the preferential rights of States of cultural, historical or archaeological origin.
Article 12 - Protection of subaquatic cultural heritage in the Area
1. An authorization may only be issued for a subaquatic cultural heritage intervention located in the Area in accordance with the provisions of this Article.
2. The Director-General invites all States parties that have expressed their interest under Article 11, paragraph 4, to consult on the best way to protect the subaquatic cultural heritage and to designate a State party to coordinate these consultations as a "Coordinating State". The Director General also invites the International Seabed Authority to participate in these consultations.
3. All States parties may take any timely action in accordance with this Convention, if necessary, in order to prevent any immediate danger to the subaquatic cultural heritage, whether due to human activity or any other cause, including looting.
4. The coordinating state:
(a) implement the protection measures agreed upon by the States participating in the consultation, including the coordinating State, unless the States participating in the consultation, including the coordinating State, agree that these measures will be implemented by another State Party; and
(b) issue all necessary authorizations with respect to the measures so agreed, in accordance with this Convention, unless the States participating in the consultation, including the coordinating State, agree that such authorizations shall be granted by another State Party.
5. The coordinating State may conduct any necessary preliminary research on subaquatic cultural heritage, issue all necessary authorizations for this purpose, and shall promptly transmit the results to the Director General, who shall make such information available to the other States parties.
6. By coordinating consultations, adopting measures, conducting any preliminary research and/or issuing authorizations under this article, the coordinating State shall act for the benefit of all humanity, on behalf of all States parties. Particular attention is paid to the preferential rights of States of cultural, historical or archaeological origin to the heritage concerned.
7. No State Party shall undertake or authorize intervention on a ship or state aircraft in the Area without the consent of the flag State.
Article 13 - Sovereign Immunity
War vessels and other government vessels or military aircraft with sovereign immunity that operate for non-commercial purposes in the normal course of their operations and that do not participate in interventions on subaquatic cultural heritage, are not required to declare the discoveries of subaquatic cultural heritage under Articles 9, 10, 11 and 12 of this Convention. However, by adopting appropriate measures that do not adversely affect the operations or operational capabilities of their warships and other government vessels or military aircraft with sovereign immunity that operate for non-commercial purposes, the States parties shall ensure that such vessels comply, to the extent practicable and reasonable, with the provisions of Articles 9, 10, 11 and 12 of this Convention.
Article 14 - Entry Control
on the Territory, Trade and Detention
States Parties shall take measures to prevent entry into their territory, trade and possession of subaquatic cultural heritage illicitly exported and/or recovered, where such recovery violates the provisions of this Convention.
Article 15 - Non-use of zones
jurisdiction of States parties
States Parties shall take measures to prohibit the use of their territory, including their marine ports, as well as artificial islands, installations and structures under their exclusive jurisdiction or under their exclusive control, in support of interventions on subaquatic cultural heritage not in accordance with the provisions of this Convention.
Article 16 - Measures concerning nationals and ships
States Parties shall take all appropriate measures to ensure that their nationals and vessels flying their flags refrain from carrying out interventions on subaquatic cultural heritage in a manner not consistent with this Convention.
Article 17 - Sanctions
1. Each State Party shall impose penalties for any violation of the measures it has taken to implement this Convention.
2. Penalties for offences must be sufficiently rigorous to ensure compliance with this Convention and to discourage offences in any place, and must deprive offenders of profits arising out of their illegal activities.
3. States parties shall cooperate to ensure the application of the sanctions imposed under this article.
Article 18 - Seizure and provision
subaquatic cultural heritage elements
1. Each State Party shall take measures to seize, in its territory, elements of the subaquatic cultural heritage that have been recovered in a manner not in conformity with the provisions of this Convention.
2. Any State Party that has seized elements of the subaquatic cultural heritage under this Convention shall record, protect and take all reasonable measures to ensure its stabilization.
3. Any State Party that has seized elements of the subaquatic cultural heritage under this Convention shall notify the Director General and any other State with a verifiable link, in particular a cultural, historical or archaeological link, with the subaquatic cultural heritage concerned.
4. The State party which has seized elements of the subaquatic cultural heritage shall ensure that it is disposed of in the general interest, taking into account the imperatives of preservation and research, the need to reconstitute the dispersed collections, the needs for public access, exhibition and education, as well as the interests of any State with a verifiable link, in particular a cultural, historical or archaeological link.
Article 19 - Collaboration and information sharing
1. The States Parties shall cooperate and provide mutual assistance with a view to ensuring the protection and management of subaquatic cultural heritage under this Convention, including, where possible, by collaborating in the exploration, search, documentation, preservation, study and development of this heritage.
2. To the extent that the objectives of this Convention permit, each State Party undertakes to share with the other States Parties its information on subaquatic cultural heritage, including the discovery of elements of this heritage, its location, elements that have been searched or recovered in contravention of this Convention or in violation of other provisions of international law, appropriate scientific methods and techniques and the evolution of the applicable law.
3. Information on the discovery or location of elements of subaquatic cultural heritage that is shared between the States parties or between UNESCO and the States parties remains confidential, and is only communicated to the competent services of the States parties, to the extent that this is consistent with their national legislation, as long as its disclosure may pose a danger or a risk to the preservation of the elements in question of this heritage.
4. Each State Party shall take all appropriate measures, including, where it may, using appropriate international databases, to disseminate the information available to it on the elements of subaquatic cultural heritage searched or recovered in violation of this Convention or, moreover, international law.
Article 20 - Public awareness
Each State Party shall take all appropriate measures to raise public awareness of the value and interest of subaquatic cultural heritage and the importance of the protection provided for in this Convention.
Article 21 - Training in subaquatic archaeology
States Parties shall cooperate to provide training in subaquatic archaeology as well as in the preservation of subaquatic cultural heritage and to transfer technology in respect of this heritage under agreed conditions.
Article 22 - Relevant services
1. In order to ensure that this Convention is properly implemented, States Parties shall establish relevant services or, where appropriate, strengthen existing services, with a view to establishing, maintaining and updating a sub-aquatic cultural heritage inventory and ensuring the effective protection, preservation, development and management of sub-aquatic cultural heritage, as well as the necessary research and education.
2. The States Parties shall communicate to the Director General the name and address of the relevant services relating to subaquatic cultural heritage.
Article 23 - Conferences of States Parties
1. The Director-General shall convene a Conference of the States Parties in the year following the entry into force of this Convention and at least once every two years. The Director-General shall convene a Special Conference of States Parties if the majority of States parties so request.
2. The Conference of States Parties defines its own functions and responsibilities.
3. The Conference of the States Parties shall adopt its rules of procedure.
4. The Conference of States Parties may establish a Scientific and Technical Advisory Council composed of experts nominated by the States parties, taking into account the principle of equitable geographical distribution and the desirable goal of a gender balance.
5. The Scientific and Technical Advisory Board shall assist as necessary the Conference of States Parties on matters of a scientific or technical nature concerning the implementation of the Rules.
Article 24 - Secretariat of the Convention
1. The Director-General shall provide the Secretariat of this Convention.
2. The functions of the Secretariat include:
(a) the organization of the Conferences of the States Parties referred to in Article 23, paragraph 1er;
(b) the necessary assistance to States parties to implement the decisions of the Conferences of States Parties.
Article 25 - Peaceful settlement of disputes
1. Any dispute between two or more States parties concerning the interpretation or application of this Convention shall be the subject of negotiations in good faith or other means of peaceful settlement of their choice.
2. If these negotiations do not allow the dispute to be resolved within a reasonable period of time, it may be submitted to UNESCO mediation by mutual agreement between the States parties concerned.
3. If no mediation is undertaken or mediation does not permit a settlement, the dispute settlement provisions set out in Part XV of the United Nations Convention on the Law of the Sea shall apply mutatis mutandis to any dispute between States parties to this Convention with respect to the interpretation or application of the Convention, whether or not these States are parties to the United Nations Convention on the Law of the Sea.
4. Any procedure chosen by a State Party to this Convention and to the United Nations Convention on the Law of the Sea under Article 287 of this Convention shall apply to the settlement of disputes under this Article, unless that State Party, when it has ratified, accepted, approved or acceded to this Convention or at any time thereafter, has chosen another procedure under Article 287.
5. When ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a State Party to this Convention that is not a party to the United Nations Convention on the Law of the Sea is free to choose, by written declaration, one or more of the means set out in article 287, paragraph 1erthe United Nations Convention on the Law of the Sea for the Settlement of Disputes under this Article. Article 287 applies to this declaration and to any dispute to which that State is a party and which is not covered by a declaration in force. For purposes of conciliation and arbitration, in accordance with Annexes V and VII of the United Nations Convention on the Law of the Sea, the State is empowered to designate conciliators and arbitrators to be included in the lists referred to in Annex V, Article 2, and Annex VII, Article 2, for the settlement of disputes arising from this Convention.
Article 26 - Ratification, acceptance, approval or accession
1. This Convention is subject to ratification, acceptance or approval by UNESCO member States.
2. This Convention is subject to accession:
(a) non-member States of UNESCO, but members of the United Nations Organization, or members of a specialized agency of the United Nations system, or of the International Atomic Energy Agency, as well as States parties to the Statute of the International Court of Justice, and of any other State invited to accede to it by the General Conference of UNESCO;
(b) Territories that have full internal autonomy, recognized as such by the United Nations, but have not attained full independence in accordance with General Assembly resolution 1514 (XV) and have jurisdiction over the matters covered by this Convention, including jurisdiction to conclude treaties on these matters.
3. Instruments of ratification, acceptance, approval or accession shall be deposited with the Director General.
Article 27 - Entry into force
This Convention comes into force three months after the date of deposit of the twentieth instrument referred to in Article 26, but only in respect of the twenty States or territories that have deposited their instruments. It shall enter into force for any other State or territory three months after the date on which it deposits its instrument.
Article 28 - Declaration on Continental Waters
When ratifying, accepting, approving or acceding to this Convention or at any time thereafter, any State Party may declare that the Rules apply to its continental waters that are not maritime in nature.
Article 29 - Limitation to the geographic scope
At the time of ratifying, accepting, approving or acceding to this Convention, a State or territory may, in a declaration to the depositary, stipulate that this Convention is not applicable to certain specified parts of its territory, its internal waters, its archipelagic waters or its territorial sea, and shall state the reasons for that declaration in that State. As far as possible and as soon as possible, the State shall endeavour to meet the conditions under which this Convention shall apply to the areas specified in its declaration; as soon as this is done, it will withdraw its statement in whole or in part.
Article 30 - Reservations
With the exception of Article 29, no reservation may be made with respect to this Convention.
Article 31 - Amendments
1. Any State Party may, by written communication addressed to the Director-General, propose amendments to this Convention. The Director-General shall transmit this communication to all States parties. If, within six months after the date of transmission of the communication, at least half of the States Parties shall give a favourable response to that request, the Director-General shall submit this proposal to the next Conference of States Parties for discussion and possible adoption.
2. Amendments shall be adopted by a two-thirds majority of the States Parties present and voting.
3. Amendments to this Convention, once adopted, shall be submitted to States parties for ratification, acceptance, approval or accession.
4. For States parties that have ratified, accepted, approved or acceded to them, the amendments to this Convention shall enter into force three months after the deposit of the instruments referred to in paragraph 3 of this article by two thirds of the States parties. Subsequently, for each State or territory ratifying, accepting, approving or acceding to an amendment, this amendment comes into force three months after the date of deposit by the Party of its instrument of ratification, acceptance, approval or accession.
5. A State or territory that becomes a party to this Convention after the entry into force of an amendment in accordance with paragraph 4 of this article is, without having expressed a different intention, considered to be:
(a) a party to this Convention as amended; and
(b) a party to this Convention not amended with respect to any State Party that is not bound by that amendment.
Article 32 - Denunciation
1. A State Party may denounce this Convention by means of written notification addressed to the Director-General.
2. The denunciation takes effect twelve months after the date of receipt of the notification, unless the notification provides a later date.
3. The denunciation shall in no way affect the duty of any State Party to fulfil all the obligations set out in this Convention to which it would be subject under international law independently of it.
Article 33 - The Rules
The Rules annexed to this Convention shall be an integral part of this Convention and, unless expressly provided otherwise, a reference to this Convention shall also refer to the Rules.
Article 34 - Registration to the United Nations Organization
Pursuant to Article 102 of the Charter of the United Nations, this Convention shall be registered in the Secretariat of the United Nations at the request of the Director General.
Article 35 - Faithful texts
This Convention is established in Arabic, Chinese, English, French, Russian and Spanish, the six texts being equally authentic.

Annex
Rules relating to subaquatic cultural heritage interventions
I. General principles
Rule 1. To preserve the subaquatic cultural heritage, in situ conservation must be considered as the priority option. As a result, interventions on subaquatic cultural heritage are permitted only when carried out in a manner compatible with the protection of this heritage and may be permitted, on this condition, where they contribute significantly to the protection, knowledge or development of that heritage.
Rule 2. The commercial exploitation of subaquatic cultural heritage for the purposes of transaction or speculation or its irremediable dispersion is inherently incompatible with the protection and good management of this heritage. Elements of subaquatic cultural heritage may not be subject to transactions or sales, purchase or troc transactions as commercial items.
This rule shall not be construed as preventing:
(a) the provision of necessary professional archaeological services or related services whose nature and purpose are in full conformity with this Convention, subject to the authorization of the competent services;
(b) the filing of subaquatic cultural heritage elements, recovered as part of a research project conducted in accordance with this Convention, provided that this repository does not affect the scientific or cultural interest or integrity of the recovered elements or cause their irremediable dispersion, that it is consistent with the provisions of rules 33 and 34 and that it is subject to the authorization of the competent services.
Rule 3. Subaquatic cultural heritage interventions do not disrupt it more than it is necessary to achieve the objectives of the project.
Rule 4. Subaquatic cultural heritage interventions involve non-destructive techniques and prospecting, preferably the recovery of objects. If excavations or recovery are necessary for the purposes of scientific study or the final protection of subaquatic cultural heritage, the methods and techniques used must be as destructive as possible and promote the preservation of the remains.
Rule 5. Interventions on subaquatic cultural heritage do not unnecessarily disrupt human remains or sacred places.
Rule 6. Subaquatic cultural heritage interventions are strictly regulated so that the cultural, historical and archaeological information collected is properly recorded.
Rule 7. Public access to the subaquatic cultural heritage in situ must be promoted, except in cases where it would be incompatible with the protection and management of the site.
Rule 8. International cooperation on subaquatic cultural heritage intervention is encouraged, with a view to promoting the fruitful exchanges of archaeologists and specialists from other relevant professions and to better use their skills.
II. Project Description
Rule 9. Prior to any intervention, a project document is prepared and submitted for authorization to the relevant departments, which collect the necessary scientific advice.
Rule 10. The project document includes:
(a) an assessment of pre- or preliminary studies;
(b) the project statement and objectives;
(c) methods and techniques to be used;
(d) the funding plan;
(e) the planned project implementation schedule;
(f) the composition of the project team, including the qualifications, functions and experience of each of its members;
(g) the programme of analyses and other work to be undertaken after construction activities;
(h) a programme for the conservation of archaeological material and site, to be carried out in close cooperation with the relevant services;
(i) a site management and maintenance policy for the duration of the project;
(j) a documentation programme;
(k) a security plan;
(l) an environmental policy;
(m) modalities of collaboration with museums and other institutions, particularly scientists;
(n) the reporting plan;
(o) the terms and conditions for the filing of the search archives, including the recovered subaquatic cultural heritage elements and
(p) a publication programme.
Rule 11. Subaquatic cultural heritage interventions are conducted in accordance with the project document approved by the relevant services.
Rule 12. In cases of unforeseen discovery or change of circumstances, the project document is reviewed and amended with the approval of the relevant services.
Rule 13. In cases of emergency or incidental discovery, interventions on subaquatic cultural heritage, including interim measures or short-term activities, in particular site stabilization, may be permitted, even in the absence of a project document, in order to preserve the subaquatic cultural heritage.
III. Preliminary studies
Rule 14. Preliminary studies referred to in Rule 10 (a) include an assessment of the interest of subaquatic cultural heritage and its natural environment and the risk that they may be damaged by the planned project, as well as the ability to collect data that meets the project's objectives.
Rule 15. The evaluation also includes basic studies on available historical and archaeological observations, the archaeological and environmental characteristics of the site and the consequences of any possible intrusion regarding the long-term stability of the subaquatic cultural heritage affected by the interventions.
IV. Project objectives, methods and techniques
Rule 16. The methods used are adapted to project objectives and the techniques used are as little disruptive as possible.
V. Financing
Rule 17. Except in cases where there is an urgent need to protect the subaquatic cultural heritage, an adequate funding base is provided prior to the commencement of any intervention, at a sufficient level to carry out all the steps envisaged in the project document, including the preservation, documentation and preservation of the recovered archaeological material, as well as the preparation and dissemination of the reports.
Rule 18. The project document states that the project can be duly funded until its completion, by obtaining a guarantee, for example.
Rule 19. The project document includes an emergency plan to ensure the preservation of subaquatic cultural heritage and the documentation related to it in the event that the planned funding is discontinued.
VI. Project duration - Calendar
Rule 20. Before any intervention, an appropriate schedule is established to ensure the completion of all stages of the project, including the preservation, documentation and conservation of the recovered subaquatic cultural heritage elements, as well as the preparation and dissemination of the reports.
Rule 21. The project document includes an emergency plan that ensures the preservation of subaquatic cultural heritage and documentation related to the project if the project is interrupted or shortened.
VII. Skills and qualifications
Rule 22. Interventions on subaquatic cultural heritage can only be conducted under the direction and control, and with the regular presence of a qualified specialist in subaquatic archaeology with scientific competence adapted to the nature of the project.
Rule 23. All members of the project team have recognized qualifications and expertise in relation to their mission.
VIII. Preservation and site management
Rule 24. The preservation program provides for the treatment of archaeological remains during interventions on subaquatic cultural heritage, during transport and long-term. Preservation is done according to the professional standards in force.
Rule 25. The site management program provides for the protection and in situ management of subaquatic cultural heritage under construction and its completion. The program includes information from the public, the implementation of reasonable means for site stabilization, monitoring, and intrusion protection.
IX. Documentation
Rule 26. The documentation program includes detailed documentation of subaquatic cultural heritage interventions, including an activity report, which meets professional standards of archaeological documentation in force.
Rule 27. The documentation includes at least a detailed inventory of the site, including the indication of the origin of the subaquatic cultural heritage elements displaced or recovered during the subaquatic cultural heritage interventions, workbooks, plans, drawings, cuts, photographs or documents on other materials.
X. Security
Rule 28. An adequate safety plan is established to ensure the safety and health of project team members and third parties. This plan complies with the legal and professional requirements in force.
XI. Environment
Rule 29. An adequate environmental policy is developed to prevent undue harm to the seabed and marine life.
XII. Reports
Rule 30. Interim reports and a final report are submitted in accordance with the schedule set out in the project document and tabled in appropriate public archives.
Rule 31. Each report includes:
(a) a presentation of the objectives;
(b) a description of the methods and techniques used;
(c) a presentation of the results achieved;
(d) critical graphic and photographic documentation relating to all phases of the intervention;
(e) recommendations concerning the preservation and conservation of the recovered subaquatic cultural heritage elements, as well as those of the site; and
(f) recommendations on future activities.
XIII. Conservation of project archives
Rule 32. The modalities for the preservation of the project's archives are determined prior to the commencement of any intervention and are included in the project document.
Rule 33. The project archives, including the recovered subaquatic cultural heritage elements and a copy of all relevant documentation, are, as far as possible, kept intact and complete in the form of a collection, so as to allow specialists and the public to have access to it, and in such a way as to ensure the preservation of these archives. This is achieved as soon as possible and, at the latest, within ten years of the project term, to the extent that it is compatible with the conservation of subaquatic cultural heritage.
Rule 34. The project archives are managed in accordance with international professional standards and subject to the approval of the relevant services.
XIV. Dissemination
Rule 35. The project provides, to the extent possible, education activities and the extension of the project results to the general public.
Rule 36. For each project, a final synthesis report is:
(a) made public as soon as possible, taking into account the complexity of the project and the confidential or sensitive nature of the information; and
(b) deposited with appropriate public records.
Done in Paris this sixth day of November 2001, in two authentic copies bearing the signature of the President of the General Conference gathered in its thirty-first session, and of the Director General of the United Nations Educational, Scientific and Cultural Organization, to be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization, and of which certified copies will be submitted to all States and territories as specified in the United Nations.

BELGIUM ROYAUME
CONVENTION SUR LA PROTECTION DU PATRIMOINE CULTUREL SUBAQUATIQUE, ADOPTEE A PARIS 2 NOVEMBER 2001
DECLARATION
"Referring to Article 28 of the Convention, the Kingdom of Belgium declares that the Rules of the Convention apply to its continental waters that are not maritime in nature. »
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