belgiquelex.be - Carrefour Bank of Legislation 23 June 2008. - Act enacting the European Convention for the Protection of Archaeological Heritage (Revised), made in La Valette on 16 January 1992 (1) (2)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1
er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The European Convention for the Protection of Archaeological Heritage (Revised), made in La Valette on 16 January 1992, will come out 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 23 June 2008.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of P.M.E., Independents, Agriculture and Science Policy,
Mrs. S. LARUELLE.
Seen and sealed the state seal:
Minister of Justice,
J. VANDEURZEN
____
Notes
(1) Session 2007-2008.
Senate
Documents. - Bill tabled on 30 January 2008, No. 4-540/1. - Report, number 4-540/2.
Annales parliamentarians. - Discussion, meeting of March 13, 2008. - Vote, meeting of 13 March 2008.
House of Representatives
Documents. - Projects transmitted by the Senate, No. 52-986/1. - Text adopted in plenary and subject to Royal Assent, No. 52-986/2.
Annales parliamentarians. - Discussion, meeting of May 15, 2008. - Vote, meeting of 15 May 2008.
(2) See also the decree of the Flemish Community/Flemish Region of 11 June 2010 (Belgian Monitor of 19 July 2010), the decree of the French Community of 17 December 2003 (Belgian Monitor of 21 January 2004 - Ed. 2), the decree of the German-speaking Community of 28 January 2008 (Belgian Monitor of 22 February 2008 - Ed. 4), the decree of the Walloon Region of 10 April 2003 (Belgian Monitor of 4 March 2004)
European Convention for the Protection of Archaeological Heritage (Revised)
Preamble
States members of the Council of Europe and other States parties to the European Cultural Convention, signatories to this Convention (revised),
Considering that the purpose of the Council of Europe is to achieve a closer union between its members, in particular to safeguard and promote the ideals and principles that are their common heritage;
Considering the European Cultural Convention, signed in Paris on 19 December 1954, including articles 1
er and 5;
Considering the Convention for the Protection of the Architectural Heritage of Europe, signed in Granada on 3 October 1985;
Considering the European Convention on Crimes against Cultural Property, signed at Delphe on 23 June 1985;
Considering the recommendations of the Parliamentary Assembly on archaeology, including Recommendations 848 (1978); 921 (1981) and 1072 (1988);
Considering Recommendation No. R (89) 5 on the protection and development of archaeological heritage in the context of urban and rural development operations;
Recalling that archaeological heritage is an essential element for the knowledge of the past of civilizations;
Acknowledging that the European archaeological heritage, a witness to ancient history, is seriously threatened with degradation both by the multiplication of major development work and by natural hazards, clandestine or scientific searches, or by the insufficient public information;
Affirming the importance of establishing, where they do not yet exist, the administrative and scientific control procedures that are necessary, and the need to integrate archaeological safeguard concerns into urban and rural development policies and cultural development policies;
Stressing that the responsibility for the protection of archaeological heritage lies not only with the State directly concerned, but also with all European countries, in order to reduce the risk of degradation and promote conservation, by promoting the exchange of experts and experiences;
Noting the need to complement the principles formulated by the European Convention for the Protection of Archaeological Heritage, signed in London on 6 May 1969, following the evolution of development policies in European countries,
The following agreed:
Definition of archaeological heritage
Article 1
er1. The purpose of this Convention (Revised) is to protect the archaeological heritage as a source of European collective memory and as an instrument of historical and scientific study.
2. To this end, are considered as elements of the archaeological heritage all vestiges, possessions and other traces of the existence of humanity in the past, of which at once:
i. safeguarding and studying allow us to trace the development of the history of humanity and its relationship with the natural environment;
ii. the main means of information are through searches or discoveries as well as other methods of research concerning humanity and its environment;
iii. the location is in any area within the jurisdiction of the Parties.
3. In the archaeological heritage are structures, constructions, architectural ensembles, landscaped sites, furniture witnesses, monuments of other nature, as well as their context, whether located in the ground or under the waters.
Heritage identification and protection measures
Article 2
Each Party undertakes to implement, in the manner specific to each State, a legal regime for the protection of archaeological heritage that provides:
i. the management of an inventory of its archaeological heritage and the classification of monuments or protected areas;
ii. the formation of archaeological reserve areas, even without apparent surface or underwater remains, for the preservation of material testimonies to be studied by future generations;
iii. the obligation for the inventor to report to the competent authorities the accidental discovery of elements of the archaeological heritage and to make them available for examination.
Article 3
In order to preserve the archaeological heritage and to guarantee the scientific significance of archaeological research operations, each Party undertakes:
i. to implement procedures for authorizing and controlling excavations, and other archaeological activities, in order to:
a. prevent any unlawful search or movement of elements of archaeological heritage;
b. ensure that archaeological searches and prospections are undertaken in a scientific manner and subject to:
- non-destructive investigative methods are used as often as possible;
- elements of archaeological heritage are not exhumed during excavations or left exposed during or after excavations without adequate arrangements for their preservation, conservation and management;
ii. ensure that searches and other potentially destructive techniques are carried out only by qualified and specially authorized persons;
iii. subject to specific prior authorization, in cases provided for in the domestic legislation of the State, the use of metal detectors and other detection equipment or processes for archaeological research.
Article 4
Each Party undertakes to implement measures for the physical protection of the archaeological heritage under the circumstances:
i. the acquisition or protection by other appropriate means by the public authorities of spaces intended to constitute archaeological reserve areas;
ii. the conservation and maintenance of archaeological heritage, preferably in its place of origin;
iii. the development of appropriate deposits for the archaeological remains displaced from their place of origin.
Integrated Conservation of Archaeological Heritage
Article 5
Each Party shall:
i. to seek the conciliation and articulation of the respective needs of archaeology and development by ensuring that archaeologists participate:
a. planning policies to establish balanced strategies for the protection, conservation and development of archaeological sites;
b. the development programmes in their various phases;
ii. to ensure a systematic consultation between archaeologists, planners and planners of the territory, to enable:
a. modification of development plans that could alter the archaeological heritage;
b. the allocation of time and sufficient means to conduct a suitable scientific study of the site with publication of the results;
iii. ensure that environmental impact studies and resulting decisions take fully into account archaeological sites and their context;
iv. to be expected, when elements of the archaeological heritage were found during development work and when feasible, the in situ conservation of these elements;
v. ensuring that the public opening of archaeological sites, including the reception facilities of a large number of visitors, does not affect the archaeological and scientific character of these sites and their environment.
Research funding and archaeological conservation
Article 6
Each Party shall:
i. provide financial support for archaeological research by national, regional or local governments, depending on their respective competences;
ii. to increase the material means of preventive archaeology:
a. taking the necessary measures to ensure that, in major public or private development projects, the full management of funds from appropriate public or private sectors of the cost of any necessary archaeological operation related to this work is planned;
b. by including in the budget of this work, as well as the impact studies imposed by environmental concerns and land use planning, pre-archaeological studies and prospectings, summary scientific documents, and complete communications and publications of discoveries.
Collecting and disseminating scientific information
Article 7
In order to facilitate the study and dissemination of knowledge of archaeological discoveries, each Party undertakes:
i. to carry out or update investigations, inventories and mapping of archaeological sites in areas subject to its jurisdiction;
ii. to adopt all practical provisions for obtaining, at the end of archaeological operations, a publicable scientific summary document, prior to the necessary full dissemination of the specialized studies.
Article 8
Each Party shall:
i. to facilitate the exchange of elements of archaeological heritage on a national or international level for professional scientific purposes, while taking the necessary steps to ensure that this circulation does not affect the cultural and scientific value of these elements;
ii. to generate exchanges of information on archaeological research and ongoing excavations, and to contribute to the organization of international research programs.
Public awareness
Article 9
Each Party shall:
i. to undertake an educational action to awaken and develop a public awareness of the value of archaeological heritage for the knowledge of the past and of the perils that threaten this heritage;
ii. promote public access to important elements of its archaeological heritage, including sites, and encourage public exposure of selected archaeological goods.
Prevention of the illicit circulation of elements of archaeological heritage
Article 10
Each Party shall:
i. to organize the exchange of information between the competent public authorities and the scientific institutions on the illicit searches found;
ii. to bring to the attention of the competent authorities of the State of origin party to this Convention (revised) any suspicious offer from illicit searches or embezzlement of official searches, and any necessary clarification in this regard;
iii. with respect to museums and other similar institutions whose procurement policy is subject to State control, to take the necessary measures so that they do not acquire elements of the archaeological heritage suspected of originating from uncontrolled discoveries, illicit searches or hijackings of official excavations;
iv. for museums and other similar institutions, located in the territory of a Party, but whose procurement policy is not subject to State control:
a. to transmit to them the text of this Convention (revised);
b. to spare no effort to ensure respect by such museums and institutions of the principles formulated in paragraph 3 above;
v. limiting, as far as possible, through education, information, vigilance and cooperation, the movement of elements of archaeological heritage from uncontrolled discoveries, illicit searches or hijackings of official excavations.
Article 11
Nothing in this Convention (Revised) affects bilateral or multilateral treaties that exist or may exist between Parties, aimed at the illicit circulation of elements of archaeological heritage or their return to the legitimate owner.
Mutual technical and scientific assistance
Article 12
Parties shall:
i. to provide mutual technical and scientific assistance in an exchange of experiences and experts in materials related to archaeological heritage;
ii. to promote, within the framework of relevant national legislation or international agreements by which they are linked, exchanges of specialists in the conservation of archaeological heritage, including in the field of permanent training.
Monitoring of the implementation of the Convention (revised)
Article 13
For the purposes of this Convention (revised), a committee of experts, established by the Committee of Ministers of the Council of Europe under Article 17 of the Statute of the Council of Europe, is responsible for monitoring the implementation of the Convention (revised) and in particular:
i. to submit periodically to the Committee of Ministers of the Council of Europe a report on the situation of policies for the protection of archaeological heritage in the States parties to the Convention (revised) and on the application of the principles it sets forth;
ii. to propose to the Committee of Ministers of the Council of Europe any measures to implement the provisions of the Convention (revised), including in the area of multilateral activities and in the area of revision or amendment of the Convention (revised), as well as public information on the objectives of the Convention (revised);
iii. make recommendations to the Committee of Ministers of the Council of Europe on the invitation of non-member States of the Council of Europe to accede to the Convention (revised).
Final clauses
Article 14
1. This Convention (Revised) is open for signature by member States of the Council of Europe and other States parties to the European Cultural Convention.
It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Council of Europe.
2. A State Party to the European Convention for the Protection of Archaeological Heritage, signed in London on 6 May 1969, cannot deposit its instrument of ratification, acceptance or approval if it has not already denounced the Convention or if it does not denounce it simultaneously.
3. This Convention (revised) shall enter into force six months after the date on which four States, including at least three member States of the Council of Europe, have expressed their consent to be bound by the Convention (revised) in accordance with the provisions of the preceding paragraphs.
4. In the event that, pursuant to the preceding two paragraphs, the taking of effect of the denunciation of the Convention of 6 May 1969 and the entry into force of this Convention (Revised) would not be simultaneous, a Contracting State may declare, upon deposit of its instrument of ratification, acceptance or approval, that it shall continue to apply the Convention of 6 May 1969 until the entry into force of this Convention (Revised).
5. This Convention (Revised) shall enter into force with respect to any signatory State that subsequently expresses its consent to be bound by it six months after the date of the deposit of the instrument of ratification, acceptance or approval.
Article 15
1. After the entry into force of this Convention (revised), the Committee of Ministers of the Council of Europe may invite any other State not a member of the Council and the European Economic Community to accede to this Convention (revised), by a decision taken by a majority under Article 20, d, of the statute of the Council of Europe, and unanimously by representatives of the Contracting States having the right to sit on the Committee.
2. For any Member State or for the European Economic Community, in the event of accession, the Convention (revised) will enter into force six months after the date of deposit of the instrument of accession to the Secretary General of the Council of Europe.
Article 16
1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention will apply (revised).
2. Any State may, at any other time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention (revised) to any other territory designated in the declaration. The Convention (Revised) shall enter into force in respect of that territory six months after the date of receipt of the declaration by the Secretary-General.
3. Any declaration made under the preceding two paragraphs may be withdrawn, with respect to any territory designated in that declaration, by notification addressed to the Secretary-General. The withdrawal shall take effect six months after the date of receipt of the notification by the Secretary-General.
Article 17
1. Any Party may, at any time, denounce this Convention (revised) by making a notification to the Secretary General of the Council of Europe.
2. The denunciation shall take effect six months after the date of receipt of the notification by the Secretary General.
Article 18
The Secretary General of the Council of Europe shall notify the States members of the Council of Europe, the other States parties to the European Cultural Convention, and any State and the European Economic Community that have acceded or have been invited to accede to this Convention (revised):
i. any signature;
ii. the deposit of any instrument of ratification, acceptance, approval or accession;
iii. any effective date of this Convention (revised) in accordance with Articles 14, 15 and 16;
iv. any other act, notification or communication relating to this Convention (revised).
In faith, the undersigned, duly authorized to do so, have signed this Convention (Revised).
Done at La Valette on 16 January 1992, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies thereof to each Member State of the Council of Europe, to the other States Parties to the European Cultural Convention, and to any non-member State or European Economic Community invited to accede to this Convention (revised).
European Convention for the Protection of Archaeological Heritage (Revised), made in La Valette on 16 January 1992
