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On The European Convention For The Protection Of The Archaeological Heritage

Original Language Title: Par Eiropas Konvenciju arheoloģiskā mantojuma aizsardzībai

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The Saeima has adopted and the President promulgated the following laws: The European Convention for the protection of the archaeological heritage article 1. 16 January 1992 by the European Convention for the protection of the archaeological heritage (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the Convention in English and its translation into Latvian language. 3. article. The Ministry of culture to coordinate the fulfilment of the obligations provided for in the Convention. 4. article. The Convention shall enter into force on its article 14 within the time and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The law adopted by the Parliament of 5 June 2003. State v. President Vaira Vīķe-Freiberga in Riga, 19 June 2003, the EUROPEAN CONVENTION ON the PROTECTION OF the ARCHAELOGICAL heritage (REVISED) Valetta, 16. I. 1992 European Treaty Series-No. 143 preamble the member States of the Council of Europe and the other States party to the European Cultural Convention signatory heret, Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose, in particular, of safeguarding and realizing the ideals and principles which are their common heritage; Having regard to the European Cultural Convention signed in Paris on 19 December 1954, in particular articles 1 and 5 thereof; Having regard to the Convention for the Protection of the Architectural heritage of Europe signed in Granada on 3 October 1985; Having regard to the European Convention on relating to Cultural Property of the Offenc signed in Delphi on 23 June 1985; Having regard to the recommendations of the Parliamentary Assembly relating to archaeology and in particular recommendations 848 (1978), 921 (1981) and 1072 (1988); Having regard to Recommendations From. R (89) 5 concerning the protection and enhancement of the archaeological heritage in the context of town and country planning operations; Recalling that the archaeological heritage is essential to a knowledge of the history of mankind; Acknowledging that the European archaeological heritage, which provides evidence of ancient history, is seriously threatened with deterioration because of the increasing number of major planning schemes, natural risks, clandestine or unscientific excavation and insufficient public awareness; Affirming that it is important to Institute, where they do not yet exist, the appropriate administrative and scientific supervision procedures, and that the need to protect the archaeological heritage should be reflected in the town and country planning and cultural development policies; Stressing that responsibility for the protection of the archaeological heritage should rest not only with the State directly concerned but with all European countries, the aim being to reduce the risk of deterioration and promote conservation by encouraging exchanges of experts and the comparison of experience; Noting the cessity to complete the principles set forth in the European Convention for the Protection of the Archaeological Heritage signed in London on 6 May 1969, as a result of the evolution of planning policies in European countries, have agreed as follows: Definition of the archaeological heritage article 1 1. The aim of this (revised) Convention is to protect the archaeological heritage as a source of the European collective memory and as an instrument for historical and scientific study. 2. To this end shall be considered to be elements of the archaeological heritage all remains and objects and any other traces of mankind from past epochs: i. the preservation and study of which help it retraces the history of mankind and its relations with the natural environment; II. for which excavation or discover and other methods of research into mankind and the related environment with the main sources of information; and (iii) located in any a which. area within the jurisdiction of the parties. 3. The archaeological heritage shall include structures, constructions, groups of buildings, developed sites, objects, monument of moveabl of other kind as well as their context, situated on land or under water whethers. Identification of the heritage and measure for protection article 2 Each Party of their Institute, undertak by means appropriate to the State in question, a legal system for the protection of the archaeological heritage, making provision for: (i) the maintenance of an inventory of its archaeological heritage and the designation of protected monument and area; II. the creation of archaeological reserve, even where there are no visible remains on the ground or under water, for the preservation of material evidence to be studied by later generation; III. the mandatory reporting to the competent authorities by (a) a finder of the chance discovery of elements of the archaeological heritage and making them available for examination. Article 3 To preserve the archaeological heritage and guarantee the scientific significanc of archaeological research work, each Party: i. the undertak apply procedures for the authorization and supervision of excavation and other archaeological activities in such a way as to prevent any: a. the excavation or removal of Illicium elements of the archaeological heritage; b. to ensur that archaeological excavation and are undertaken in a scientific prospecting manner and provided that: — non-destructive methods of investigation with applied wherever possible; -the elements of the archaeological heritage are not uncovered or left exposed during or after excavation without provision being made for their proper preservation, conservation and management; II. to ensur that excavation and other potentially destructive techniques are carried out only by qualified, specially authorized persons; III. to subject to specific prior authorization, whenever foreseen by the domestic law of the State, the use of metal detectors and any other detection equipment or process for archaeological investigation. Article 4 Each Party to undertak implementations that measure for the physical protection of the archaeological heritage, making provision, as the demand: i. circumstanc for the acquisition or protection by other appropriate means by the authorities of areas intended to constitut an archaeological reserve; II. for the conservation and maintenance of the archaeological heritage, preferably in situ; III. for appropriate storage places for archaeological remains which have been removed from their original location. Integrated conservation of the archaeological heritage article 5 Each Party: i. the undertak seek to reconcil and combines the requirements of archaeology the respectiv and development plans by ensuring that: a. an archaeologist participat in planning policies designed to ensur a well-balanced strategies for the protection, conservation and enhancement of sites of archaeological interest; b. in the various stage of development schemes; II. to ensur that archaeologist, town and regional planner will systematically consult one another in order to permit: (a) the modification of development plans likely to have adverse effects on the archaeological heritage; b. the allocation of sufficient time and resources for an appropriate scientific study to be made of the site and for its finding to be published; III. to ensur that environmental impact assessments and the resulting decision will involv full considerations of archaeological sites and their settings; IV. to make provision, when elements of the archaeological heritage have been found during development work, for their conservation in situ when feasibl; v. to ensur that the opening of archaeological sites to the public, especially any structural arrangements for the cessary not reception of large numbers of visitors, does not adversely affec the archaeological and scientific character of such sites and their surrounding. Financing of archaeological research and conservation article 6 Each Party: i. the undertak arrang for public financial support for archaeological research from national, regional and local authorities in accordanc with their respectiv of competence; II. to increase the material resources for rescue archaeology: a. by taking measure to the suitabl ensur that provision is made in major public or private development schemes for covering, from public sector or private sector resources, as appropriate, the total costs of any related archaeological operations; not cessary (b) by making provision in the budget relating to these schemes in the same way as for the impact studies do not cessitated by environmental and regional planning precaution, for preliminary archaeological study and prospection, for a scientific summary record as well as for the full publication and recording of the finding. Collection and dissemination of scientific information, article 7 For the purpose of facilitating the study of, and dissemination of knowledge about, archaeological discover, each Party: i. undertak to make or bring up to date surveys, inventor and maps of archaeological sites in the areas within its jurisdiction; II. to take all practical measure to ensur the drafting, following archaeological operations, of a scientific summary record of publishabl before the cessary not comprehensive publications of specialized studies. Article 8 Each Party: i. the undertak facilitat the national and international exchange of elements of the archaeological heritage for professional scientific purpose while taking the appropriate steps to ensur that such circulation in no way prejudice the cultural and scientific value of those elements; II. to promote the pooling of information on archaeological research and excavation in progress and to contribute to the organization of international research programs. Promotion of public awareness article 9 Each Party: i. undertak to conduct educational actions with a view to rousing and developing an awareness in the public opinion of the value of the archaeological heritage for understanding the past and of the threats to this heritage; II. to promote public access to important elements of its archaeological heritage, especially sites, and encourag the display to the public of suitabl selection of archaeological objects. Prevention of the illicit circulation of elements a of the archaeological heritage article 10 Each Party: i. the undertak arrang for the relevant public authorities and for scientific institutions to pool information on any illicit excavation will be identified; II. it shall notify the competent authorities to be in the State of origin which is a Party to this Convention of any offer suspected of coming either from illicit excavation or unlawfully from the official excavation, and to provide the cessary details thereof; III. to take such steps as are not the cessary ensur that museum and similar institutions whose acquisition policy is under State control do not elements of the acquir archaeological heritage suspected of coming from uncontrolled finds or illicit the excavation or unlawfully from official excavation; IV. as regards museum and similar institutions located in the territory of a Party but the acquisition policy of which is not under State control: a. it convey to them the text of the (revised) Convention; b. the swing from the respect of ensur effort by the said museum and institutions for the principles set out in paragraph 3 above; (v) restrict, as far it. as possible, by education, information, vigilanc and co-operation, the transfer of elements of the archaeological heritage obtained from uncontrolled finds or illicit the excavation or unlawfully from official excavation. Article 11 Nothing in this (revised) Convention shall be affec existing or future bilateral or treats in between parties, multilaterals, concerning the illicit circulation of elements a of the archaeological heritage or their restitution to the rightful owner. Mutual technical and scientific assistance article 12 the parties: i. the undertak afford mutual technical and scientific assistance through the pooling of experience and exchanges of experts in matters concerning the archaeological heritage; II. to encourag, under the relevant national legislation or international agreements binding them, exchanges of specialists in the preservation of the archaeological heritage, including those responsible for further training. Control of the application of the (revised) Convention article 13 For the purpose of this (revised) Convention, a Committee of experts, set up by the Committee of Minister of the Council of Europe to their article 17 pursuan of the Statute of the Council of Europe, shall monitor the application of the (revised) Convention and in particular: (i). report periodically to the Committee of Minister of the Council of Europe on the situation of archaeological heritage protection policies in the States Parties to the (revised) Convention and on the implementation of the principles embodied in the (revised) Convention; II. the measure proposes to the Committee of Minister of the Council of Europe for the implementation of the (revised) Convention's provision, including multilaterals activities, revision or amendment of the (revised) Convention and informing public opinion about the purpose of the (revised) Convention; III. make recommendations to the Committee of Minister of the Council of Europe regarding invitation to States which are not members of the Council of Europe to accede to this (revised) Convention. Final article 14 1 of the clauss. This (revised) Convention shall be open for signature by the member States of the Council of Europe and the other States party to the European Cultural Convention. It is subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. 2. From the State party to the European Convention on the Protection of the Archaeological Heritage, signed in London on 6 May 1969, may deposit its instrument of ratification, acceptance or approval unless it has already denounced the said Convention or denounc it simultaneously. 3. This Convention shall enter (revised) 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 (revised) Convention in accordanc with the provision of the preceding paragraph. 4. Whenever, in application of the preceding two paragraphs, the denunciation of the Convention of 6 May 1969 would not become effective simultaneously with the entry into force of this (revised) Convention, a Contracting State may, when depositing its instrument of ratification, acceptance or approval, declare that it will continue to apply the Convention of 6 May 1969 until the entry into force of this (revised) Convention. 5. In respect of any signatory State which subsequently express their consent to it be bound by it, the Convention shall enter (revised) into force 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 (revised) Convention, the Committee of Minister 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 (revised) Convention by a decision taken by the majority provided for in article 20 d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee. 2. In respect of any acceding State or, should it accede, the European Economic Community, the Convention shall enter (revised) into force six months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe. Article 16 1 Any State may, the. at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply. the (revised) 2. Any State may at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of the (revised) Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter (revised) into force six months after the date of receipt of such declaration by the Secretary General. 3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawals shall become effective six months after the date of receipt of such notification by the Secretary General. Article 17 1 Any Party may at any time.» denounc this (revised) Convention by means of a notification addressed to the Secretary General of the Council of Europe. 2. Such denunciation shall become effective six months following the date of receipt of such notification by the Secretary General. Article 18 the Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the other States party to the European Cultural Convention and any State or the European Economic Community which has acceded or has been invited to accede to this (revised) Convention of: i. any signature; II. the deposit of any instrument of ratification, acceptance, approval or accession; III. any date of entry into force of this (revised) Convention in accordanc with articles 14, 15 and 16. iv. any other Act, notification or communication relating to this (revised) Convention. In witness whereof the undersigned, being duly authorized, have signed the theret this revised Convention. Done at Valletta, this 16th day of January 1992, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to each member State of the Council of Europe, to the other States party to the European Cultural Convention, and to any non-member State or the European Economic Community invited to accede to this (revised) Convention.
The Council of Europe European Convention for the protection of the archaeological heritage (revised) was adopted in 1992, the Valetta on January 16, European Treaty Series, no. 143 of the undersigned PREAMBLE the Member States of the Council of Europe and the other States which undertake to comply with the European cultural Convention, considering that the aim of the Council of Europe is to achieve greater unity between its members, in order to ensure and enforce the ideals and principles which are their common heritage; Under the European cultural Convention (signed in Paris, 19 December 1954), and particularly its article 1 and 5; In accordance with the European Convention for the protection of the architectural heritage (Granada, 1985 signed on 3 October); In accordance with the European Convention on the cultural devastation (signed delfos, 23 June 1985); In accordance with the recommendations of the Parliamentary Assembly relating to archaeology and especially the recommendations 848 (1978), 921 (1981) and 1072 (1988); In accordance with recommendation R (89) 5 on of the archaeological heritage and its role in planning the evaluation of urban and rural settlements; Recalling that the archaeological heritage is essential to the human history of the Codex; Recognizing that the European archaeological heritage, which has a long history, is seriously threatened and killed due to the increasing importance of the development plan for the territory, there is a natural risk of going undercover and not scientific excavations and the public is not sufficiently conscientious; Arguing that it is important to implement appropriate administrative and scientific surveillance measures in the case of the does not yet exist, and that the need to protect the archaeological heritage should be reflected in the urban and rural planning and cultural development policies; Stressing that the responsibility for the archaeological heritage should rest not only in the country to which it directly relates, but also to all other European countries, and that the aim is to reduce damage and promote the conservation, organisation of expert and experience; Noting the need to improve the principles set out in the European Convention for the protection of the archaeological heritage, which was signed in London on 6 May 1969, the European national planning policy development, agreed on the following: archaeological heritage definition article 1 1 This (revised) Convention aims to protect the archaeological heritage as a source of European collective memory and historical and scientific research. 2. The above purpose of archaeological heritage elements be considered as all residues, and other traces of the past of mankind: i. conservation and research which helps you track the history of humanity and its relationship with the natural environment; (ii) for which the key information. is the result of archaeological excavations or discoveries, or using other scientifically-research methods in human history and related environmental research, and (iii). the jurisdiction of the Member States. 3. Archaeological Heritage includes structures, buildings, groups of buildings, landscaped areas, moveable objects, monuments of other kinds as well as their context, both on land and under water. Archaeological heritage identification and protection measures article 2 each Member State shall undertake to make available to it the law system to protect archaeological heritage, ensuring: i. archaeological heritage and monuments and conservation areas reporting; II. creation of archaeological reserves, even if above ground or under water there are no visible residue, to preserve the material evidence that could investigate the next generation; III. the setting of a mandatory requirement for the archaeological heritage of the random elements to the report Finder the competent authorities to carry out the inspection findings. Article 3 to preserve the archaeological heritage and guarantee the scientific quality of archaeological research, each Member State shall undertake to: i. grant permission to carry out the excavation and other archaeological work in and control it to: a. prevent any illegal excavations or archaeological heritage element transfers; b. ensure that archaeological excavations and searches carried out in accordance with scientific methods and provided: — wherever possible, use environmentally friendly methods; — archaeological heritage elements are not exposed, or left uncoated to dig or later if not properly storing, preservation and use; II. to ensure that excavations and other potentially destructive of the work is carried out only by qualified, specially authorised specialists; III. in the case provided for in the internal law of the country concerned, request that the institution should permit metal detector or any other search methods for use of facilities or archaeological studies. Article 4 each Member State shall undertake to implement measures for the physical protection of the archaeological heritage, ensuring the appropriate conditions: i. possibility of local public authorities to acquire or otherwise properly protect area for archaeological reserve creation; II. the archaeological heritage preservation and maintenance by performing it on the spot (in situ). III. appropriate storage location archaeological residues, which have been moved from their original location. Archaeological heritage conservation of coherent article 5 each Member shall undertake to: (i) to look for ways to reconcile and combine archaeological and territorial development plan requirements, ensuring that archaeologists participate: a. planning, focused on a balanced strategy providing for the protection of archaeological interest in the preservation of sites and their significance in identification; b. the different areas the development plan under development. II. provide archaeologists and town and country Planner mutual consultation, to enable: (a) modify the territorial development plans, where possible their adverse impact on the archaeological heritage; (b) to devote sufficient time and resources for proper scientific excavation and findings of research and publication work. III. to ensure that the studies on the effects on the environment and the decisions taken full account of archaeological objects and their location; IV. to provide home improvement work heritage found in archaeological preservation in place, wherever possible, to ensure the g. archaeological site open to public viewing, especially any construction steps you need to take a large number of visitors, not the detriment of such sites and their surrounding the archaeological and scientific character. Archaeological research and preservation funding Article 6 each Member agrees: (i) to organize a public financial support for archaeological research from national, regional and local power structures in accordance with their respective competences; II. to increase the material resources to save jobs of Archaeology: a. take appropriate measures to ensure that, in developing the large public or private area development plans, any archaeological work related expenses should be made from the public or private sector; b. in carrying out this work, providing also an archaeological research, scientific review of the preparations, as well as a complete publication listing the finds, in the same way that doing research on this work, the impact on the environment and regional planning. The development of scientific information and the distribution of article 7 to promote archaeological discoveries, research and dissemination of knowledge about them, each Member State shall undertake to: i. the areas within its jurisdiction, to draw up or revise existing requirements under the plot plans, finds lists, maps of archaeological objects; II. to take all practical measures to by archaeological research in published scientific summary of who later follow extensive specialized scientific publications. Article 8, each Member State shall undertake to: (i) to promote local and international. the archaeological heritage for professional scientific exchange element objectives by taking appropriate measures to ensure that such circulation in no way detracts from this element of cultural and scientific value; II. compilation of information on the ongoing archaeological research and excavations and supporting international research program. Public awareness-raising article 9 each Member State shall undertake to: (i) educational measures. who create and develop public understanding of the archaeological heritage, which would enable it to understand the past and circumstances that threaten it; II. promoting public access to archaeological heritage of its most important elements, especially the important places, and to promote the application of archaeological objects to the public Favorites exposure. Archaeological heritage element of the prevention of illegal circulation of article 10, each Member State shall undertake to: i. ensure that the relevant public authorities and for scientific institutions to obtain information on any cases of illegal archaeological excavations; II. to inform the Member States of this Convention, the competent authorities of any proposed monuments that could be obtained unauthorized excavations, other controlled or illegal way of officially allowed to dig and to provide any further information in this regard; III. take measures to ensure that museums and similar institutions, which exhibits an acquisition under State control, do not buy archeological heritage elements on which to suspect that they have obtained unauthorized excavations, other controlled or illegal way of officially authorized the dig; IV. as regards museums and similar institutions located in the territory of a Member State, but it does not control the production of exhibits: a. familiarize their staff with this (revised) Convention; b. to make all efforts to the said museums and institutions to comply with the above principles of paragraph 3; v. make an educational, informative, security and cooperation, to the extent possible, limit their archaeological heritage element of the movement obtained unauthorized excavations, other controlled or illegal way of officially permitted for the dig. Article 11 nothing in this (revised) Convention shall affect existing or future bilateral or multilateral agreements between Member States as regards archaeological heritage elements illegal circulation or return it to the rightful owner. Mutual technical and scientific support in article 12 Member States shall undertake to: i. provide mutual technical and scientific assistance, summarizing experience in relation to the archaeological heritage, and organising the exchange of experts; II. the relevant national laws or international agreements to promote the exchange of archaeological heritage conservation specialists, including those responsible for further training. (Recast) Control of the implementation of the Convention, article 13 of the Committee of experts, which this (revised) Convention's objectives established by the Committee of Ministers of the Council of Europe, the European Council article 17 of the Statute will precede this (revised) Convention, and in particular: i. periodic report to the Committee of Ministers of the Council of Europe on the situation in the archaeological heritage (revised) Convention in the Member States and for the principle of the (revised) Convention implementation; II. to recommend to the Committee of Ministers of the Council of Europe of the measures to implement this (revised) Convention, which requires multilateral action, this (revised) Convention's revision or addition and informing the public about this (revised) Convention; III. provide the recommendations of the Committee of Ministers of the Council of Europe on the participation of non-Member States of the Council of Europe invited to accede to this (revised) Convention. The final article to article 14 1 This (revised) Convention will be put for signature by the Member States of the Council of Europe Member States and other European cultural Convention. It is subject to ratification, acceptance or recognition. The instruments of ratification, acceptance or recognition of documents stored at the Secretary General of the Council of Europe. 2. no one in London, 9 May 1969 signed the Convention for the protection of the archaeological heritage in the Member State may put in storage this (revised) Convention of the deposit of instruments of ratification, acceptance or recognition of the document, if it is not denounced the above Convention or denounces it, submit the document. 3. this (revised) Convention shall enter into force six months after the date when the four countries, including at least three Member States of the Council of Europe, will agree to submit to the obligations of this Convention in accordance with the preceding paragraph; 4. in the event that two previous article due to abandonment of the 1969 Convention of 6 may not happen at the same time with this (revised) Convention into force, the Contracting State, the ratification, acceptance or recognition of a document, declare that it will continue to comply with the 6 May 1969 until the Convention enters into force this (revised) Convention; 5. For each State that signed the (revised) Convention and agrees to abide by it, this (revised) Convention shall enter into force six months after the date of deposit of the instrument of ratification, acceptance or recognition of the document. 1. Article 15 (revised) After the entry into force of the Convention, the Committee of Ministers of the Council of Europe may invite any State which is not a Council of Europe and the European economic community, to accede to this (revised) Convention by reference to the decision taken by the majority in accordance to the Statute of the Council of Europe, article 20 d and to an open vote, in which participated in all the (revised) Convention by acceding countries participating in the Committee. 2. for each State or country s, which is about to join the European economic community, this (revised) Convention shall enter into force six months after the date of accession shall be deposited with the Secretary-General of the Council of Europe. Article 16 1 any State at the time of signing or depositing its instrument of ratification, acceptance or recognition of a document, you can specify the territory or territories to which this (revised) Convention shall apply. 2. any State later, presenting the Declaration to the Secretary-General of the Council of Europe, may extend this (revised) Convention to any other territory specified in the Declaration. As regards the territory this (revised) Convention shall enter into force six months after the date of this Declaration will be received by the Secretary General of the Council of Europe. 3. any declaration, drawn up on the basis of the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by sending a note addressed to the Secretary-General. The withdrawal will take effect six months after the date of this note will be received by the Secretary-General. 17. Article 1. Each State may at any time denounce this (revised) Convention by sending a note addressed to the Secretary-General of the Council of Europe. 2. Such a denunciation shall enter into force six months after the date of this note will be received by the Secretary-General. Article 18 the Secretary General of the Council of Europe must notify the Member States of the Council of Europe, any State that has acceded to the European cultural Convention and the European economic community, if it has acceded to or has been invited to accede to this (revised) Convention, of: a. any new signatory; (b) any instrument of ratification, acceptance, approval or accession deposited; c. any date when this (revised) Convention shall enter into force in accordance with the 14, 15 and 16; d. any other Act, note or statement relating to this (revised) Convention. In witness whereof the undersigned, duly authorized, sign this (revised) Convention. Drawn in Valetta, 1992 on January 16, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall transmit certified copies to each Member State of the Council of Europe, all the countries which have signed the European cultural Convention and to all non-member countries or of the European Economic Community invited to accede to this (revised) Convention.