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)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013015218&caller=list&article_lang=F&row_id=1000&numero=1097&pub_date=2013-10-25&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-10-25 Numac: 2013015218 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE July 6, 2013. -Law on consent to the Convention on the protection of the underwater cultural heritage, adopted in Paris on 2 November 2001 (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S.
2. the Convention on the protection of the underwater cultural heritage, adopted in Paris on 2 November 2001, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, July 6, 2013.
ALBERT by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of the North Sea, J. VANDE LANOTTE the Deputy Prime Minister and Minister of the Interior, Ms. J. MILQUET. the Deputy Prime Minister and Minister of Social Affairs and public health, Ms. L. ONKELINX. the Secretary of State for science policy, Ph.
COURARD seen and sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Notes (1) Session 2012-2013.
Senate parliamentary Documents. -Bill filed on October 24, 2012, no. 5 - 1822/1. -Report, n ° 5-1822/2.
Parliamentary Annals. -Discussion, meeting of December 13, 2012. -Vote meeting of December 13, 2012.
House of representatives parliamentary Documents. -Draft transmitted by the Senate, no. 53-2574/1. -Report on behalf of the Committee, no. 53-2574/2. -Text adopted in plenary and subject to Royal assent, session No. 53-2574/3.
Parliamentary Annals. -Discussion, meeting of January 24, 2013.
-Vote meeting of January 24, 2013.
(2) see the Decree of the Flemish community / the Flemish Region by July 16, 2010 (Moniteur belge of 9 August 2010), the Decree of the French community of 19 April 2012 (Moniteur belge of 26 June 2012), the Decree of the German-speaking community of 19 March 2012 (Moniteur belge of April 18, 2012), the Decree of the Walloon Region from April 26, 2012 (Moniteur belge of 22 may 2012) and the order of the Brussels-Capital Region from September 4, 2008 (monitor Belgian September 30, 2008 - Ed. (5) convention on the protection of the underwater cultural heritage, adopted in Paris on 2 November 2001 the General Conference of the United Nations for education, science and culture, held in Paris from 15 October to 3 November 2001 at its thirty-first session, recognizing the importance of underwater cultural heritage as an integral part of cultural heritage of mankind and as a particularly important in the history of peoples nations and their interrelationships with respect to their common heritage, knowing that it is important to protect and preserve underwater cultural heritage and that the responsibility for this task is the responsibility of all States, noting that the public gives more interest and value to the underwater cultural heritage, convinced of the importance of research information and education for the protection and preservation of cultural heritage underwater, convinced that the public has the right to benefit from the educational and recreational benefits of responsible and safe access to the underwater cultural heritage in situ and that the public education contributes to a better understanding, appreciation and protection of this heritage, recognizing that interventions not permitted on underwater cultural heritage threat to it , and that it is necessary to take more stringent measures to prevent such interventions, recognizing the need to address as appropriate the possible negative impact that legitimate activities may have, incidentally, on the underwater cultural heritage, deeply concerned at the intensification of the commercial exploitation of underwater cultural heritage and, in particular, by certain activities aimed at the sale acquisition or barter of underwater cultural heritage elements, knowing that technological advances facilitate the discovery of underwater cultural heritage and the 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 underwater cultural heritage , Whereas exploration, excavation and the protection of the underwater cultural heritage require the access and the use of specific scientific methods and the use of techniques and suitable equipment, as well as a high level of vocational specialization, this calls for uniform criteria, aware of the need to codify and progressively develop the rules relating to the protection and the preservation of underwater cultural heritage in accordance with international law and international practice , and in particular the UNESCO Convention concerning the measures to be taken to prohibit and prevent the import, export and transfer of ownership illicit cultural property, on November 14, 1970, the UNESCO Convention for the protection of the world, cultural and natural heritage, of 16 November 1972 and the Convention of the United Nations on the law of the sea, of 10 December 1982 Dedicated to improving the effectiveness of the measures taken at the international, regional and national levels to preserve in-situ elements of the underwater cultural heritage or, if this is necessary for scientific purposes or protection, to proceed carefully with their recovery, having decided, at its twenty-ninth session, that this question should be the subject of an International Convention, adopts, this second day of November, 2001 This Convention.
Article 1 – Definitions for the purposes of this Convention: 1. (a) "underwater cultural heritage" means all traces of human existence having a cultural, historical or archaeological character which are submerged, partially or totally, periodically or continuously, for 100 years at least, and in particular: (i) sites, structures, buildings, objects and human remains, as well as their context archaeological and natural;
(ii) ships, aircraft, other vehicle, or any part thereof, with their cargo or other content, as well as their context archaeological and natural; and (iii) the objects of prehistoric character.
(b) pipelines and cables, placed on the seabed, are not considered as part of the underwater cultural heritage.
(c) installations other than pipelines or cables, placed on the seabed and still in use, are not considered as part of the underwater cultural heritage.
2. (a) 'States parties' means States which have consented to be bound by this Convention and for 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 laid down in this paragraph concerning each of them. to this extent, the term 'States parties' means those territories.
3. means by 'UNESCO' the United Nations for education, science and culture.
4. "Director general" means the Director-general of UNESCO.
5. means by 'Zone' the seabed and its subsoil beyond the limits of national jurisdiction.
6. "intervention on the underwater cultural heritage" means an activity relating mainly to the underwater cultural heritage and which is likely to materially impair this heritage or to cause any other damage, directly or indirectly.
7. "intervention that fortuitous affect underwater cultural heritage" means an activity which, although lacking, mainly or partially, for object underwater cultural heritage, is likely to materially affect this heritage or to cause any other damage.
8 means 'ships and State aircraft' warships and other vessels or aircraft, which belonged to a State or operated under its control, were exclusively used, at the time where they have sunk, for purposes of non-commercial public service, which are identified as such and which meet the definition of the underwater cultural heritage.
9. 'Rules' rules for interventions on the underwater cultural heritage, means as they are referred to in article 33 of this Convention.
Article 2 – Objectives and general principles 1.
This Convention aims to ensure and enhance the protection of the underwater cultural heritage.
2. States parties shall cooperate in the protection of the underwater cultural heritage.
3. States parties preserve underwater cultural heritage for the benefit of humanity, in accordance with the provisions of this Convention.
4. States parties shall take, individually or, where appropriate, jointly, all appropriate measures in accordance with this Convention and international law that are necessary to protect the underwater cultural heritage, using for this purpose the best practicable means at their disposal, and according to their respective capabilities.
5.

Conservation in situ of underwater cultural heritage must be considered the priority option before any intervention on this heritage is unauthorized or company.
6. underwater cultural heritage items that were recovered are placed on deposit, maintained and managed to ensure their conservation in the long term.
7. underwater cultural heritage shall be subject to any commercial exploitation.
8. According to the practice of States and international law, including the United Nations Convention on the law of the sea, no provision of this Convention may be interpreted as amending the rules of international law and the practice of States relating to sovereign immunities, or one any of the rights of a State on its ships and State aircraft.
9. States parties shall ensure that all human remains immersed in marine waters are duly respected.
10. it is appropriate to encourage responsible and safe public access to heritage cultural underwater in situ for purposes of observation and documentation, in order to promote the public awareness to this heritage, as well as its value and its protection, unless inconsistent with its protection and management.
11. no action or activity undertaken on the basis of the present Convention may authorize to enforce, support or challenge a claim of sovereignty or national jurisdiction.
Article 3 – Relationship between this Convention and the UN Convention on the law of the sea nothing in this Convention shall affect the rights, jurisdiction and duties of States under international law, including the UN Convention on the law of the sea. This Convention is interpreted and applied in the context of and in accordance with the provisions of international law, including the UN Convention on the law of the sea.
Article 4 – Relationship with the right to assistance and the right to the treasures no activity relating to underwater cultural heritage to which this Convention applies is subject the right to assistance or the treasures right, unless: (a) it is authorised by the competent services, and (b) fully complies with the Convention, and (c) it ensures that the maximum protection of the underwater cultural heritage during any recovery operation is guaranteed.
Article 5 – Activities that have an incidental impact on underwater cultural heritage, each State party employs the best practicable means available to prevent or mitigate any negative impact due to activities under its jurisdiction with an incidental impact on the underwater cultural heritage.
Article 6 – Agreements bilateral, regional or other multilateral agreements 1. States parties are encouraged to conclude agreements bilateral, regional or other multilateral agreements, or improve existing agreements, to ensure the preservation of underwater cultural heritage. All agreements must be fully consistent with the provisions of this Convention and do not weaken the universal character. In the framework of the agreements, the States may adopt rules and regulations to ensure better protection of the underwater cultural heritage compared to those adopted pursuant to this Convention.
2. the parties to such bilateral agreements, regional or other multilateral agreements may invite States with a verifiable link, especially a link cultural, historical or archaeological with the underwater cultural heritage concerned, to adhere to these agreements.
3. this Convention does not modify the rights and obligations that States parties for the protection of ships submerged under other bilateral, regional or other multilateral agreements concluded before the adoption of this Convention, in particular if they are in accordance with the objectives thereof.
Article 7 – Underwater cultural heritage in internal waters, archipelagic waters and territorial sea 1. In the exercise of their sovereignty, States parties have the exclusive right to regulate and authorize the interventions on the underwater cultural heritage present in their internal waters, archipelagic waters and territorial sea.
2. without prejudice to other international agreements and rules of international law applicable to the protection of the underwater cultural heritage, States parties shall provide the application of the rules to interventions on the cultural heritage this underwater in their internal waters, archipelagic waters and territorial sea.
3. in archipelagic waters and territorial sea, in the exercise of their sovereignty and in accordance with the general practice among States, States parties to cooperate for the adoption of the best methods of protecting ships and State aircraft, should inform the State of the flag party to the present Convention and, is there place, other States with a verifiable link especially a cultural, historical or archaeological link in case of discovery of such vessels and identifiable State aircraft.
Article 8 – Underwater in the contiguous without prejudice to cultural heritage, and in addition, articles 9 and 10, as well as in application of article 303, paragraph 2, of the UN Convention on the law of the sea, States parties may regulate and authorize interventions on the underwater in their contiguous zone cultural heritage. In doing so, they prescribe the application of the rules.
Article 9 – Reporting and notification in the exclusive economic zone and on the continental shelf 1.
It is the responsibility of all States parties to protect the underwater cultural heritage in the exclusive economic zone and on the continental shelf in accordance with this Convention.
Accordingly: (a) a State party requires, when one of its nationals or a ship flying its flag makes a discovery or considering an intervention on the underwater cultural heritage located in the exclusive economic zone or on the continental shelf, that the national or the captain of the ship told him this discovery or intervention;
(b) in the exclusive economic zone or on the continental shelf of another State party: (i) States parties shall require that the national or master of the vessel declared to them this discovery or response as well as to the other State party.
(ii) or where appropriate, a State party requires that the national or master of the ship he said this discovery or intervention and ensures the fast and efficient transmission of these statements to all other States parties.
2. by depositing its instrument of ratification, acceptance, approval or accession, a State party clarifies the way in which it will transmit the declarations in respect of paragraph 1 (b) of this article.
3. a State party shall notify the Director general discoveries or interventions on the underwater cultural heritage that shall be notified pursuant to paragraph 1 of this article.
4 the Director-general is immediately available to all States parties information that shall be notified pursuant to subsection 3 of this section.
5. each State party may inform the State party in the exclusive economic zone or on the continental shelf which is located underwater cultural heritage that they want to be consulted on how to ensure the effective protection of this heritage. This statement must be based on a verifiable link, especially a cultural, historical or archaeological link to the underwater cultural heritage concerned.
Article 10 - Protection of the underwater cultural heritage in the exclusive economic zone and on the continental shelf 1. An authorization may be issued for an intervention on the underwater 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 which is located underwater cultural heritage has the right to prohibit or authorize any intervention on this heritage to prevent infringement of its sovereign rights or jurisdiction as recognized by international law, including the UN Convention on the law of the sea.
3. when a discovery of underwater cultural heritage is made or that an intervention on the underwater cultural heritage is contemplated in the exclusive economic zone or on the continental shelf of a State, that State party: (a) consult with all other States parties which have expressed an interest in the title of article 9, paragraph 5, on how best to protect the underwater cultural heritage;
(b) coordinate such consultations as of "Coordinating State" unless it expressly declares that it does not wish to do so, in which case the States parties which have expressed an interest under article 9, paragraph 5, shall designate a coordinating state.
4. without prejudice to the obligations of all States parties to protect the underwater cultural heritage by the adoption of all appropriate measures consistent with international law to prevent any immediate danger for cultural heritage underwater, including looting, the coordinating State may take all appropriate measures and/or grant all necessary permissions

pursuant to this Convention, and, if necessary, before any consultation, to prevent any immediate danger for the underwater cultural heritage, through human activity, or any other cause, including looting. At the adoption of these measures, the assistance of other States parties may be requested.
5. the coordinating state: (a) implementing protection measures that have been 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 thus agreed in accordance with the rules, unless the States participating in the consultation, including the coordinating State, agree that these licences will be issued by another State party;
(c) may conduct any necessary preliminary research on the underwater cultural heritage and shall issue all necessary authorizations therefore, and transmit without delay the results of this research to the Director general, which makes this information available to other States parties without delay.
6. in coordinating consultations, adopting measures, conducting any preliminary research and/or issuing authorizations under this section, the coordinating State acts on behalf of the States parties as a whole and not in its own interest. Such an action cannot in itself be invoked to claim an any preferential or jurisdictional rights not enshrined in international law, in particular by the Convention of the United Nations on the law of the sea.
7. subject to the provisions of paragraphs 2 and 4 of this article, any intervention is carried out on a ship or aircraft of State without the agreement of the flag State and the collaboration of the coordinating state.
Article 11 – Reporting and notification in Zone 1. It is the responsibility of all States parties to protect the underwater cultural heritage in the area, in accordance with this Convention and article 149 of the UN Convention on the law of the sea. Accordingly, when the national of a State party or a ship flying its flag makes a discovery or has the intention to carry out an intervention on the underwater cultural heritage located in the area, that State party requires that its national or the captain of the ship told him this discovery or this intervention.
2. States parties shall notify the Director-general and the Secretary-General of the international authority of the seabed discoveries or interventions on the underwater cultural heritage which they are thus reported.
3. the Director-general updates immediately available to all States parties which shall be so notified.
4. a State party may inform the Director-general that he wishes to be consulted on how to ensure the effective protection of this cultural heritage underwater. This statement must be based on a verifiable link to this cultural heritage underwater, taking into account in particular the preferential rights of States of cultural, historical or archaeological origin.
Article 12 - Protection of the underwater cultural heritage in area 1. An authorization may be issued for an intervention on the underwater cultural heritage located in the area in accordance with the provisions of this article.
2. the Director-general invites all States parties which have expressed interest in the title of article 11, paragraph 4, to consult on how best to protect the underwater cultural heritage and to designate a State party which will be responsible for coordinating these consultations as "coordinating State". The Director general also invites the International Seabed Authority to participate in these consultations.
3. all States parties may take all appropriate measures in accordance with this Convention, if necessary before any consultation, to prevent any immediate danger to the underwater cultural heritage, be it due to human activity or any other cause, including looting.
4. the coordinating state: (a) implementing protection measures that have been 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 permissions so agreed measures, in accordance with this Convention, unless the States participating in the consultation, including the coordinating State, agree that these licences will be issued by another State party.
5. the coordinating State may conduct any necessary preliminary research on the underwater cultural heritage, delivers all permissions necessary for this purpose, and he transmits without delay the results to the Director general, which makes this information available to other States parties.
6. coordinating consultations, adopting measures, conducting any preliminary research and/or issuing authorizations under this section, the State Coordinator is to the benefit of the whole of humanity, on behalf of all States parties. Special attention is given to the preferential rights of States of cultural, historical or archaeological origin in respect of the heritage concerned.
7. no State party shall not commence nor authorizes on a ship or aircraft of State intervention in the area without the consent of the flag State.
Article 13 – Sovereign immunity warships and other Government ships or military aircraft enjoys sovereign immunity that operate for commercial purposes, in the normal course of their operations and that do not take part in interventions on the underwater cultural heritage, are not required to report the findings of the underwater cultural heritage on the basis of articles 9 10, 11 and 12 of this Convention. However, by adopting appropriate measures not impairing operations or operational their ships of war capabilities and other Government ships or military aircraft enjoys sovereign immunity that operate in non-commercial purposes, States parties shall ensure that such vessels comply, to the extent reasonable and possible, with the provisions of articles 9 10, 11 and 12 of this Convention.
Article 14 – Control of entry into the territory, trade and possession States parties shall take measures to prevent the entry into their territory, trade and possession of underwater cultural heritage illicitly exported and/or recovered, where recovery violates the provisions of this Convention.
Article 15 - Non-use of the areas under the jurisdiction of States parties the States parties shall take measures to prohibit the use of their territory, including their seaports, as well as artificial islands, installations and structures under their exclusive jurisdiction or under their exclusive control in support of interventions on the underwater cultural heritage not conforming to the provisions of this Convention.
Article 16 – Measures relating to nationals and vessels States parties shall take all appropriate measures to ensure that their nationals and vessels flying their flag shall refrain from intervention on the underwater cultural heritage in a manner not in accordance with this Convention.
Article 17 – Sanctions 1. Each State party imposes sanctions for any breach of the measures it has taken for the purposes of the implementation of the Convention.
2. penalties offences must be sufficiently rigorous to ensure compliance with this Convention and discourage violations in any place whatsoever, and should deprive offenders of the proceeds of their illegal activities.
3. States parties shall cooperate to ensure the implementation of the penalties imposed under this section.
Article 18 – Seizure and disposition of underwater cultural heritage 1. Each State party taking steps to carry out the seizure, on its territory, the underwater cultural heritage items that have been recovered in a manner not in accordance with the provisions of this Convention.
2. any State party which carried out the seizure of elements of the underwater cultural heritage in application of the present Convention saves them, protects and takes all reasonable measures to ensure the stabilization.
3. any State party which carried out the seizure of elements of the underwater cultural heritage in application of this Convention shall so notify the Director-general and any other State with a verifiable link, especially linking cultural, historical or archaeological, with the underwater cultural heritage concerned.
4. the State party which carried out the seizure of underwater cultural heritage shall ensure that it to be disposed of in the general interest, taking into account the imperatives of preservation and research, the need to reconstruct scattered collections, access by the public, exhibition and education needs, as well as interests of any State with a verifiable link especially a cultural, historical or archaeological link to the underwater cultural heritage concerned.

Article 19 – Cooperation and sharing of information 1.
The States parties shall cooperate and lend assistance to each other to ensure the protection and management of underwater heritage in the context of this Convention, including, where possible, collaboration in the exploration, search, documentation, preservation, study and enhancement of this heritage.
2. insofar as the objectives of the Convention allow, each State party undertakes to share with other States parties the information it has on the underwater cultural heritage, with regard to including the discovery of this heritage, location, items that have been excavated or recovered in contravention of this agreement or in violation of other provisions of international law , methods and appropriate scientific techniques and the evolution of the law applicable to this heritage.
3. the information related to the discovery or the location of elements of the underwater cultural heritage is shared between States parties or between UNESCO and States parties remains confidential, and is communicated to the competent authorities of the Member States, insofar as this is consistent with their national legislation, as long as its disclosure may present a danger or risk to the preservation of the elements of this heritage.
4. each State party takes all appropriate measures, including, when possible, using international databases appropriate to disseminate the information it has on the elements of the underwater cultural heritage excavated or recovered in violation of this agreement or otherwise, of international law.
Article 20 – Public awareness each State shall take all appropriate measures to raise awareness about the value and relevance of the underwater cultural heritage and the importance of the protection provided by this Convention.
Article 21 – Training in underwater archaeology States parties cooperate to provide training in underwater archaeology as well as the techniques of preservation of underwater cultural heritage and to proceed, according to agreed terms, transfer of technology in relation to this heritage.
Article 22 – Competent Services 1.
To ensure that this Convention is implemented correctly, States parties create competent services or reinforce, if applicable, those who exist, with a view to the establishment, maintenance and update of an inventory of underwater cultural heritage and to effectively ensure the protection, preservation, development and management of the underwater cultural heritage , as well as research and education.
2. States parties shall communicate to the Director-general the name and address of underwater cultural heritage law enforcement agencies.
Article 23 - Conferences of States parties 1. The Director-general shall convene a Conference of States parties within one year following the entry into force of this Convention, and then at least once every two years. The Director-general shall convene an extraordinary Conference of the States parties if requested by the majority.
2. the Conference of the States parties defines its own functions and responsibilities.
3. the Conference of the States parties adopted its rules of procedure.
4. the Conference of the States parties may establish a scientific and Technical Advisory Council composed of experts which is 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 Council assists as necessary the Conference of States parties on issues of scientific or technical nature relating to the implementation rules.
Article 24 – Secretariat of the Convention 1. The Director general provides the Secretariat of the Convention.
2. the functions of the Secretariat include: (a) the organisation of Conferences of States parties referred to in article 23, paragraph 1;
(b) 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 relating to the interpretation or the application of this Convention is the subject of negotiations in good faith or other means of peaceful settlement of their choice.
2. If these negotiations do not resolve the dispute within a reasonable time, it may be submitted to the mediation of UNESCO by mutual agreement between the States parties concerned.
3. If no mediation is undertaking or if mediation does not lead to a settlement, the provisions relating to the settlement of disputes contained in part XV of the UN Convention on the law of the sea shall apply mutatis mutandis to any dispute between States parties to this Convention concerning the interpretation or application of this that these States whether or not parties to the UN Convention on the law of the sea.
4. any procedure chosen by a State party to this Convention and to the Convention of the United Nations on the law of the sea in respect of article 287 of applies to the settlement of disputes under this section, unless that State party, when it has ratified, accepted, approved the present Convention or accession, or at any time thereafter has chosen another procedure pursuant to article 287 for the settlement of disputes arising out of this agreement.
5 when it ratifies, accepts, approves this Convention or accedes thereto, or at any time thereafter, a State party to this Convention which is not a party to the UN Convention on the law of the sea is free to choose, by means of a written declaration, one or more of the means set forth in article 287, paragraph 1 United the UN Convention on the law of the sea for the settlement of disputes under this section.
Article 287 shall apply to this declaration as well as to any dispute to which that State is a party and which is not covered by a declaration in force. For the purposes of conciliation and arbitration in accordance with Annexes V and VII of the Convention of the United Nations on the law of the sea, this State is entitled to nominate conciliators and arbitrators who will be registered on the lists referred to in annex V, article 2, and annex VII, article 2, for the settlement of disputes arising out of this agreement.
Article 26 – Ratification, acceptance, approval or accession 1. This Convention is subject to ratification, acceptance or approval by States members of UNESCO.
2. the present Convention is subject to the membership: (a) States not members of UNESCO, but members of the United Nations or members of a specialized agency of the system of the United Nations or of the International Atomic Energy, as well as Agency of the States parties to the Statute of the International Court of justice, and any other State invited to accede by the UNESCO General Conference;
(b) territories which enjoy full internal self-government, recognized as such by the Organization of the United Nations, but which have not attained full independence in accordance with General Assembly resolution 1514 (XV) of the General Assembly and which have competence over the matters governed by this Convention, including the competence to enter into treaties on these matters.
3. the instruments of ratification, acceptance, approval or accession shall be deposited with the Director general.
Article 27 - Entry into force this Convention shall enter into force three months after the date of deposit of the twentieth instrument referred to in article 26, but only with respect to the twenty States or territories that have so deposited their instruments. It shall enter into force for any other State or territory three months after the date of deposit of its instrument.
Article 28 - Statement on inland waters at the time where it ratifies, accepts, approves this Convention or accedes thereto or at any time thereafter, any State party may declare that the rules apply to inland waters that are not of a maritime nature.
Article 29 - Limit to the scope of geographic at the time where it ratifies, accepts, approves this Convention or accedes thereto, a State or territory may, in a declaration with the depositary, stipulate that the Convention is not applicable to certain parts of its territory, its internal waters of its or its territorial sea, archipelagic waters and indicates the reasons for this statement in it. As much as possible and as soon as possible, the State strives to create the conditions in which this Convention will apply to the areas specified in its declaration. Once this is achieved, he will withdraw his statement in whole or in part.
Article 30 – Reservations with the exception of article 29, no reservation is admissible to the present 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 transmits this communication to all States parties. If, within six months of that

the date of transmission of the communication, the half at least of the State parties gives a positive response to this request, the Director-general presented this proposal at the next Conference of States parties for discussion and possible adoption.
2. amendments shall be adopted by a majority of two-thirds of the States parties present and voting.
3. amendments to this Convention, once adopted, are subject to the States parties for ratification, acceptance, approval or accession.
4. for parties which have ratified, accepted, approved or acceded, 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. Thereafter, for each State or territory which ratifies, accepts, approves an amendment or accedes thereto, amendment enter 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 a territory which becomes a party to the present Convention after the entry into force of an amendment in accordance with paragraph 4 of this article shall, expression of a different intention, failing as: (a) a party to this Convention as amended; and (b) a party to this Convention not amended with respect to any State party which is not bound by this amendment.
Article 32 – denunciation 1. A State party may denounce the present Convention by written notification addressed to the Director general.
2. the denunciation shall take effect twelve months after the date of receipt of the notification, unless it provides a date after that.
3. withdrawal does not affect the duty of any State party to fulfil all obligations set out in the present Convention to which it would be subject under international law independently of it.
Article 33 - The rules annexed to this agreement are an integral part thereof and, unless expressly provided otherwise, a reference to this Convention also refers to the rules.
Article 34 – Registration with the United Nations pursuant to article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director-general.
Article 35 – Authentic texts this Convention is drawn up in English, Arabic, Chinese, Spanish, french and Russian, the six texts being equally authentic.

Annex rules relating to interventions on the underwater cultural heritage I. principles general rule 1. To preserve underwater cultural heritage, conservation in situ should be regarded as the priority option. Accordingly, interventions on the underwater cultural heritage are permitted only when there is process in a manner consistent with the protection of this heritage and may be allowed to this condition when they contribute significantly to protection, knowledge or development of such heritage.
Rule 2. The commercial exploitation of cultural heritage underwater transaction or speculation purposes or its irretrievable dispersal is fundamentally incompatible with the protection and sound management of this heritage. Elements of the underwater cultural heritage can be subject transactions or operations of sale, purchase or barter as articles of a commercial nature.
This rule shall be construed as preventing: (a) the provision of professional archaeological services or necessary services whose nature and purpose are fully consistent with this Convention, subject to the authorization of the competent services;
(b) the filing of the underwater cultural heritage, recovered as part of a research project conducted in accordance with this Convention, provided that the deposit does not affect the scientific interest or cultural or the integrity of the recovered items nor leads to irretrievable dispersal, it is in accordance with rules 33 and 34 and that it is subject to authorization by the competent services.
Rule 3. Interventions on the underwater cultural heritage it no more disturbing that it is necessary to achieve the objectives of the project.
Rule 4. Interventions on the underwater cultural heritage rely on techniques and non-destructive surveys, preferably to the recovery of objects. If excavation or recovery may be necessary for the purposes of scientific study or definitive protection of cultural heritage underwater, the methods and techniques used must be the least destructive as possible and promote the preservation of the remains.
Rule 5. Interventions on the underwater cultural heritage do not unnecessarily disrupt human remains or sacred sites.
Rule 6. Interventions on the underwater cultural heritage are strictly regulated so that the cultural, historical and archaeological information collected is duly registered.
Rule 7. Public access to the heritage cultural underwater in situ should be favoured except in cases where it would be inconsistent with the protection and management of the site.
Rule 8. Underwater intervention on cultural heritage, international cooperation is encouraged, to promote fruitful exchanges of archaeologists and specialists of other professions and to better utilize their skills.
II. Overview of draft rule 9. Before any intervention, a description of the project is developed and submitted for authorisation to the competent services that collect the necessary scientific advice.
Rule 10. The project includes: (a) a balance sheet of screenings or preliminary studies;
(b) the statement and the objectives of the project;
(c) the methods and techniques;
(d) the financing plan;
(e) the schedule of implementation of the project;
(f) the composition of the team in charge of the project, with indication of the qualifications, functions and experience of each of its members;
(g) the programme analysis and other work to be undertaken after construction activities;
(h) a program of conservation of the archaeological material and the site, to be carried out in close cooperation with the competent services;
(i) a policy of management and maintenance of the site for the duration of the project;
(j) a documentation programme;
(k) a security plan;
(l) an environmental policy;
(m) the modalities of collaboration with museums and other institutions, scientists in particular;
(n) the reporting plan;
(o) the repository of the archives of search terms, including the recovered underwater cultural heritage items and (p) a publishing program.
Rule 11. Interventions on the underwater cultural heritage shall be conducted in accordance with the description of the project approved by the competent services.
Rule 12. In the case of unexpected discovery or change in circumstances, the project is reviewed and amended with the approval of the competent services.
Rule 13. In cases of emergency or fortuitous discovery, of interventions on the underwater cultural heritage, including provisional measures or activities of short duration, particularly of stabilization of the site, may be permitted, even in the absence of project document, in order to preserve underwater cultural heritage.
III. preliminary studies rule 14. Previous studies referred to in rule 10 (a) include an assessment of the interest of the underwater cultural heritage and its natural environment and the risk they run of being damaged by the planned project, as well as the possibility of collecting data that meets the objectives of the project.
Rule 15. The assessment also includes studies of based on historical and archaeological observations available, the archaeological and environmental requirements of the site and the consequences of any possible intrusion as the long-term stability of the underwater cultural heritage concerned with interventions.
IV. objectives, methods and techniques of draft rule 16. Methods are adapted to the objectives of the project and the techniques used are also little disruptive as possible.
V. financing rule 17. Except in cases where there is urgency to protect the underwater cultural heritage, an adequate funding base is ensured prior to any intervention, at a level sufficient to carry out all the steps laid down in the description of the project, including the preservation, documentation and conservation of the archaeological material recovered, and the development and dissemination of the reports.
Rule 18. The project establishes that it may be duly financed until its completion, by obtaining a guarantee, for example.
Rule 19. The project includes an emergency plan guaranteeing the preservation of underwater cultural heritage and the documentation that refers to funding would be interrupted.
VI. duration of the project – calendar rule 20. Before any intervention, an appropriate schedule is established in order to ensure the completion of all stages of the project, including the preservation, documentation and conservation of underwater cultural heritage items that are retrieved, as well as the development and dissemination of the reports.
Rule 21. The project includes an emergency plan guaranteeing the preservation of the cultural heritage

underwater and documentation that refers to the case where the project would be interrupted or shortened.
VII. skills and rule 22. Interventions on the underwater cultural heritage may be carried out only under the direction and control, and with the regular presence of a specialist qualified of underwater archaeology with scientific competence appropriate to the nature of the project.
Rule 23. All members of the team in charge of the project have skills and expertise recognized in connection with their mission.
VIII. conservation and management of the site rule 24. The preservation program provides treatment for the archaeological remains during on the underwater cultural heritage, during transport and long-term interventions. Preservation is done according to professional standards in force.
Rule 25. Site management program provides for the protection and management in situ of underwater cultural heritage under construction and its term. The program consists of informing the public, the implementation of reasonable measures for the stabilization of the site, monitoring, and intrusion protection.
IX. Documentation rule 26.
The programme of documentation contains detailed documentation of interventions on the underwater cultural heritage, including a progress report, responding to the professional standards of archaeological documentation in force.
Rule 27. The documentation includes at least a detailed site inventory, including an indication of the origin of the elements of the underwater cultural heritage moved or recovered during the interventions on the underwater cultural heritage, carnets de construction, plans, designs, cuts, as well as photographs or any document on other media.
X. security rule 28. An adequate security plan is established to ensure the safety and health of the members of the team in charge of the project and third parties. This plan is consistent with the legal and professional requirements in force.
XI. environment rule 29. An appropriate environmental policy is developed to prevent any undue damage to the seabed and marine life.
XII. reports rule 30. Progress reports and a final report are presented in accordance with the schedule outlined in the description of the project and deposited in the appropriate archives repositories.
Rule 31. Each report includes: (a) a statement of the objectives;
(b) a presentation of the methods and techniques employed;
(c) a statement of the results obtained;
(d) the graphic and photographic documentation essential relating to all phases of the intervention;
(e) recommendations for the preservation and conservation of the recovered underwater cultural heritage elements, as well as those of the site;
and (f) recommendations for future activities.
XIII. preservation of archives of draft rule 32. The terms of conservation of the archives of the project shall be adopted before the start of any intervention and are included in the description of the project.
Rule 33. The archives of the project, including the underwater cultural heritage items that are retrieved and a copy of all relevant documentation, are, as far as possible, kept intact and complete as a collection, so as to enable specialists and the public have access, and to ensure the conservation of these archives. This is achieved as quickly as possible, and no later than within ten years after the end of the project, to the extent where this is compatible with the conservation of underwater cultural heritage.
Rule 34. The archives of the project are managed according to international professional standards and subject to the approval of the competent services.
XIV. dissemination rule 35. The project will, wherever possible, educational actions and the dissemination of the results of the project, for the general public.
Rule 36. For each project, a final report of synthesis is: (a) made public as soon as possible, taking into account the complexity of the project and the nature confidential or sensitive information; and (b) deposited with the appropriate archives.
Done at Paris this 6th day of November 2001, in two authentic copies bearing the signature of the President of the General Conference, thirty-first session, and the Director-general of the United Nations for education, science and culture, which will be deposited in the archives of the United Nations education, science and culture , and certified copies will be delivered to all the States and territories referred to in article 26 as well as to the Organization of the United Nations.

Kingdom of Belgium underwater cultural heritage PROTECTION CONVENTION, adopted in PARIS on 2 November 2001 DECLARATION "referring to article 28 of the Convention, the Kingdom of Belgium declares that the rules of the Convention apply to inland waters that are not of a maritime nature."
List of signatories to a Treaty States countries / organizations Date Authentication Type of consent Date consent entry into local force Albania Ratification 03-19-2009 19/06/2009 ANTIGUA and BARBUDA Ratification 2013-04-25 25/07/2013 Argentina Ratification 19/07/2010-19/10/2010 Barbados acceptance 02/10/2008 02/01/2009 Belgium Ratification 05/08/2013 05/11/2013 Bosnia-Herzegovina Ratification 22 / 04 / 2009 22 / 07 / 2009 Bulgaria Ratification 06 / 10 / 2003 02 / 01 / 2009 BENIN Ratification 08-04-2011 04/11/2011 Cambodia Ratification 24/11/2007-02/01/2009 CONGO (REP. Democratic) Ratification 28/09/2010 28/12/2010 Croatia Ratification 2004-12-01 01/02/2009 CUBA Ratification 26/05/2008 02/01/2009 Ecuador Ratification 01/12/2006-02/01/2009 Spain Ratification 06/06/2005-02/01/2009 FRANCE Ratification 07/02/2013 07/05/2013 GABON acceptance 01/02/2010 01/05/2010 Granada Ratification 01-15-2009 15/04/2009 HAITI Ratification 2009-11-09 09/02/2010 HONDURAS Ratification 23/07/2010 23/10/2010
IRAN Ratification 2009-06-16 16/09/2009 Italy Ratification 08/01/2010 08/04/2010 Jamaica Ratification 2011-08-09 09/11/2011 Jordan Ratification 12/02/2009 03/02/2010 Lebanon acceptance 08/01/2007-02/01/2009 Libya Ratification 23/06/2005-02/01/2009 Lithuania Ratification 12/06/2006-02/01/2009 Morocco Ratification 06-20-2011 09/20/2011 Mexico Ratification 05/07/2006-02/01/2009 MONTENEGRO Ratification 07/18/2008 02/01/2009
Namibia Ratification 09/03/2011 09/06/2011 NIGERIA Ratification 2005-10-21 02/01/2009 PALESTINE Ratification 08/12/2011 08/03/2012 PANAMA Ratification 05/20/2003 02/01/2009 PARAGUAY Ratification 07/09/2006-02/01/2009 PORTUGAL Ratification 21/09/2006-02/01/2009 Romania acceptance 2007-07-31 02/01/2009 SAINT VINCENT and Grenada Ratification 08/11/2010 08/02/2011 SAINT Kitts and Nevis Ratification 12-03-2009 03/03/2010 Saint Lucia Ratification 01/02. 2007 02 / 01 / 2009 Slovakia Ratification 03/11/2009-11/06/2009 Slovenia Ratification 18/09/2008 02/01/2009 TOGO Ratification 07/06/2013 07/09/2013 TRINIDAD and TOBAGO Ratification 27/07/2010-27/10/2010 Tunisia Ratification 01-15-2009 15/04/2009 UKRAINE Ratification 27/12/2006-02/01/2009