Decision of 8 April 2016, laying down rules on archaeological excavations (Erfgoedwet archaeology)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Education, Culture and Science, of 11 September 2015, No WJZ/811629 (10522), Directorate of Legal Affairs and Legal Affairs;
The Department for the opinion of the Council of State heard (opinion of 11 November 2015, No W05.15.0317/I);
Having regard to the further report of Our Minister of Education, Culture and Science from April 1, 2016, No. WJZ/870410 (6723), Directorate of Legal and Legal Affairs;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
designation: designation as intended Article 5.2 of the Act .
certificate holder: the person in possession of a certificate issued by a certifying institution;
certification institution: Institution as intended Article 5.2 of the Act ;
Law: Heritage Act .
1 The excavation ban in Article 5.1, first paragraph, of the Act , does not apply to universities and colleges as intended in the Law on higher education and scientific research , in so far as the excavations are related to the teaching provided for in Article 1.3, first and third paragraphs, of that law .
1 The excavation ban in Article 5.1, first paragraph, of the Act , does not apply to excavations, to the extent that these are carried out using a metal detector and where the soil is not disturbed any further than up to thirty centimetres below the land surface.
2 The exemption shall not apply to:
a. a riding monument;
b. a monument or archaeological monument for which the transmission of the design decision designating as a riding monument on the grounds of Article 3:13, 1st paragraph, of General Law governing law has taken place, from the date of such transmission up to the time of entry in the register of public works, or the moment when it is established that the monument or archaeological monument is not entered in that register;
c. a monument or archaeological monument designated under a provincial regulation, or a monument or archaeological monument to which, before it has been designated, a regulation of this kind shall apply mutatis mutandis;
d. municipal monuments; and
e. areas where a excavation by a certificate holder or a excavation was carried out on the basis of Article 2.1 shall be performed.
3 Article 5.10 of the Act shall apply mutatis mutandis to the excavations referred to in the first paragraph.
4 Article 5.7 of the Act shall not apply to the excavations referred to in the first paragraph.
5 The Municipal Council may, for the whole territory of the municipality or for parts thereof, not declare the first paragraph outside the scope of application.
1 The excavation ban in Article 5.1, first paragraph, of the Act , does not apply to an excavation carried out by an association which has the preservation and practice of archaeology as a statutorily purpose.
2 The exemption provided for in paragraph 1 shall apply only where:
(a) the areas of which the college of mayor and aldermen or, in the case of an area not belonging to the territory of a municipality, is the competent authority for an environment permit as referred to in Article 3 (1). Article 2.1, first paragraph, point (f) of the General Provisions Act , it has been established that further archaeological research is not required; and
(b) the association does not act on behalf of a third party.
3 The first paragraph shall not apply to any of the following:
a. State monument;
b. monument or archaeological monument for which the transmission of the design decision designating as a riding monument on the grounds of Article 3:13, 1st paragraph, of General Law governing law has taken place, from the date of such transmission up to the time of entry in the register of public works or the moment when it is established that the monument or archaeological monument is not entered in that register; and
c. monument or archaeological monument designated under a provincial regulation, or monument or archaeological monument to which, before it has been designated, a regulation of such a kind shall apply mutatis mutandis.
1 The excavation ban in Article 5.1, first paragraph, of the Act , does not apply to any excavation carried out by those holding a licence, a certificate or any other document of another European Union Member State and is at least equivalent to the level of the licence or certificate. requirements that are required of or under Chapter 5 of the Act .
2 The first paragraph shall apply only to those performing excavations on an occasional basis in the Netherlands.
1 Our Minister designates the Directive, intended to Article 5.5 (b) of the Act That's right.
2 The Directive shall be eligible if it contains, in any case, rules on the following subjects, so that an excavation is carried out in a professional manner:
a. the various actions performed in the excavation process by independent designating actors, in conjunction with a suitable quality management system;
b. documenting the excavation in a careful and navigable manner;
c. reporting on finds with a view to the collection and retention of knowledge about the Dutch forest chief;
d. the means of preservation so that the find remains preserved; and
e. the manner in which shortcomings are dealt with.
3 Certifying institutions shall provide certificates with compliance with the Directive.
4 A certificate holder or institution as referred to in Article 2.1 carry out an excavation in accordance with the Directive.
1 In the case of an application for designation as a certifying institution, the applicant shall demonstrate that:
a. Legal personality;
a. Independent of the organizations, processes, services or products that it assesses;
c. possesses sufficient knowledge, expertise and equipment to perform the tasks properly;
d. has a proper administration in which data relating to and relating to the performance of its tasks have been committed in a systematic manner;
e. is insured against civil liability for any risks arising from the exercise of its duties;
f. has an adequate complaints system;
g. is able to decide upon objection; and
h. is able to comply with reporting and disclosure obligations under this Decision, towards Our Minister.
2 The application is accompanied by a proof of accreditation, as provided for by Regulation EU No 765/2008, for issue of certificates based on the in Article 3.1 Said Directive.
3 To the designation, further requirements may be connected.
4 The designation shall determine the time limit for which such designation is to be granted. In any event, the deadline shall end at the end date of the accreditation.
5 In the case of ministerial arrangements, detailed rules may be laid down in respect of the first paragraph. This ministerial arrangement may also lay down rules on the submission and decision of the application for designation as a certifying institution.
1 The application for a certificate shall be submitted to a certifying institution.
2 The certifying body shall be decided within six months of the receipt of the application.
3 The applicant shall pay a fee to the certifying institution for the treatment of the application for a certificate.
4 In the case of ministerial arrangements, tariffs may be fixed for the activities of the certifying institutions.
1 From a certifying institution which is bankrupt, the certificates issued shall be valid for a period of not more than six months after the date of the declaration of the declaration of bankruptcy.
2 From a certifying establishment whose designation has been withdrawn, the certificates issued shall be valid for a maximum of six months from the date of revocation.
1 If a certifying institution no longer has accreditation as referred to in Article 5.2 of the Act Our minister may withdraw the designation.
2 Without prejudice to paragraph 1, a designation may in any case be suspended, to the detriment of the certifying institution, or shall be withdrawn:
a. on the basis of the facts or circumstances of which our Minister could not reasonably have been informed of the decision on the appointment;
b. on the basis of incorrect facts and circumstances provided by the certifying institution, provided that the certifying body was or could not be disclosed to the certifying institution; or
c. if the certifying institution no longer meets the requirements laid down in or pursuant to this Decision.
3 In the event of suspension, the decision may provide for conditions relating to the activities to be carried out in the certifying body.
The certifying institution shall notify our Minister without delay of its declaration of bankruptcy or payment of a payment of a bankruptcy. Our minister is able to establish a form for the notification.
1 The certifying institution shall notify our Minister of the issue, suspension, refusal or revocation of a certificate.
2 The certifying institution shall report to any other certifying institution designated by Our Minister, the refusal, suspension or revocation of a certificate.
3 The certifying institution shall provide, upon request, free of charge to Our Minister, for the purposes of his or her duties, in Article 5.5, part h, of the Act We need some information. Our Minister may request access to information and documents in so far as it is reasonably necessary for the performance of his duties.
4 The certifying institution shall send to our Minister an annual report on the work carried out, the lawfulness and effectiveness of that work and the way in which it has been carried out over the past year. Detailed rules for this report may be laid down in the case of ministerial arrangements.
5 The Council for Accreditation shall report to Our Minister the revocation or suspension of an accreditation of a certifying institution.
This Decision shall enter into force with effect from 1 July 2016.
This Decision is cited as: Decision Erfgoedwet archaeology
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
Wassenaar, April 8, 2016
The Minister of Education, Culture and Science,
M. BussemakerPublished the twenty-sixth April 2016
The Minister for Security and Justice,
G.A. van der Steur