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RS 0.440.5 European Convention of 16 January 1992 for the Protection of the Archaeological Heritage (revised)

Original Language Title: RS 0.440.5 Convention européenne du 16 janvier 1992 pour la protection du patrimoine archéologique (révisée)

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0.440.5

Original text

European Convention for the Protection of the Archaeological Heritage (revised)

Conclue to Valletta, January 16, 1992

Approved by the Federal Assembly on December 6, 1995 1

Instrument of ratification deposited by Switzerland on 27 March 1996

Entry into force for Switzerland on 28 September 1996

(State on 22 January 2016)

Preamble

The member states of the Council of Europe and the other States Parties to the European Cultural Convention, signatories to this Convention (revised);

Whereas the aim of the Council of Europe is to achieve a closer union among its members, in particular in order to safeguard and promote the ideals and principles which are their common heritage;

Having regard to the European Cultural Convention, signed in Paris on 19 December 1954 1 , and in particular his art. 1 and 5;

Having regard to the Convention for the Protection of the Architectural Heritage of Europe, signed in Granada on 3 October 1985 2 ;

Having regard to the European Convention on Crimes against Cultural Property, signed at Delphi on 23 June 1985;

Having regard to the Parliamentary Assembly's recommendations on archaeology, including Recommendations 848 (1978), 921 (1981) and 1072 (1988);

Given the Recommendations n O R (89) 5 on the protection and presentation of the archaeological heritage in the context of urban and rural planning operations;

Recalling that the archaeological heritage is an essential element for the knowledge of the past of civilizations;

Recognising that the European archaeological heritage, witness to ancient history, is seriously threatened with degradation by both the multiplication of major development work and by natural hazards, clandestine excavations or Lack of scientific character, or insufficient information from the public;

Affirming the importance of establishing, where they do not yet exist, the necessary administrative and scientific control procedures, and the need to integrate archaeological safeguard concerns into development policies Urban and rural, and cultural development;

Stressing that the responsibility for the protection of the 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 to promote conservation, by Promoting exchanges of experts and experience;

The need to supplement the principles laid down by the European Convention for the Protection of the Archaeological Heritage, signed in London on 6 May 1969 3 , following the development of development policies in European countries,

Agreed to the following:


1 RS 0.440.1
2 RS 0.440.4
3 [RO 1970 1223. RO 1996 2785]

Definition of archaeological heritage

Art. 1

1 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 to be elements of the archaeological heritage all vestiges, goods and other traces of the existence of humanity in the past, including at the same time:

(i)
The preservation and study allow to trace the development of the history of humanity and its relation to the natural environment;
(ii)
The principal means of information consist of excavations or discoveries as well as other methods of research concerning humanity and its environment;
(iii)
The establishment is situated in any area within the jurisdiction of the Parties.

3 The archaeological heritage includes structures, buildings, architectural ensembles, managed sites, movable witnesses, monuments of other nature, as well as their context, whether they are located in the soil or under water.

Heritage Identification and Protection Measures

Art. 2

Each Party undertakes to implement, in the manner specific to each State, a legal regime for the protection of the archaeological heritage providing:

(i)
The management of an inventory of its archaeological heritage and the classification of monuments or protected areas;
(ii)
The establishment of archaeological reserve areas, even without apparent surface or underwater remains, for the conservation of material testimonies to be studied by future generations;
(iii)
The obligation for the inventor to notify the competent authorities of the adventitious discovery of elements of the archaeological heritage and make them available for examination.
Art. 3

In order to preserve the archaeological heritage and to ensure the scientific significance of archaeological research operations, each Party undertakes:

(i)
To implement procedures for the authorization and control of excavations, and other archaeological activities, to:
(a)
Prevent the illegal search or movement of archaeological heritage;
(b)
To ensure that archaeological excavations and prospecting are undertaken in a scientific manner and provided that:
-
Non-destructive methods of investigation are used as often as possible;
-
The elements of the archaeological heritage are not exhumed during excavations or left exposed during or after the excavations without adequate provisions being made for their preservation, conservation and management;
(ii)
To ensure that searches and other potentially destructive techniques are carried out only by qualified and specially qualified persons;
(iii)
To be subject to specific prior authorisation, in the cases provided for by the internal legislation of the State, the use of metal detectors and other detection equipment or processes for archaeological research.
Art. 4

Each Party undertakes to implement measures for the physical protection of the archaeological heritage under the following 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 the 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 the Archaeological Heritage

Art. 5

Each Party undertakes:

(i)
To seek the reconciliation 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 sites of archaeological interest;
(b)
Progress in their various phases of development programs;
(ii)
To ensure systematic consultation between archaeologists, town planners and land managers, in order to:
(a)
Modification of development plans that may alter the archaeological heritage;
(b)
The granting of sufficient time and resources to conduct a suitable scientific study of the site with publication of the results;
(iii)
To ensure that environmental impact assessments and resulting decisions take full account of archaeological sites and their context;
(iv)
To provide for, where elements of the archaeological heritage have been found during development work and where practicable, conservation In situ Of these elements;
(v)
To ensure that the archaeological and scientific character of these sites and their environment is not affected by the opening up of archaeological sites to the public, in particular the reception facilities of a large number of visitors.

Research Funding and Archaeological Conservation

Art. 6

Each Party undertakes:

(i)
To provide financial support for archaeological research by national, regional or local authorities, according to their respective competences;
(ii)
Increase the material resources of preventive archaeology:
(a)
Taking appropriate steps to ensure that, in major public or private development work, full ownership by funds from the public or private sector of the cost of any operation is to be provided in an appropriate manner Necessary archaeological work related to this work;
(b)
By including in the budget of this work, as well as impact studies imposed by environmental and spatial planning concerns, prior archaeological studies and prospecting, scientific documents Synthesis, as well as the complete communications and publications of discoveries.

Collection and dissemination of scientific information

Art. 7

In order to facilitate the study and dissemination of knowledge of archaeological discoveries, each Party undertakes:

(i)
To carry out or update surveys, inventories and the mapping of archaeological sites in areas subject to its jurisdiction;
(ii)
To adopt any practical arrangements for obtaining, at the end of archaeological operations, a scientific document of publishable synthesis, prior to the necessary full dissemination of the specialised studies.
Art. 8

Each Party undertakes:

(i)
To facilitate the exchange at national or international level of elements of the archaeological heritage for professional scientific purposes, while taking the necessary measures to ensure that this circulation does not affect the value in any way Cultural and scientific aspects of these elements;
(ii)
To stimulate exchanges of information on archaeological research and ongoing excavations, and to contribute to the organisation of international research programmes.

Public awareness

Art.

Each Party undertakes:

(i)
To undertake educational action to awaken and develop to public opinion an awareness of the value of the archaeological heritage for the knowledge of the past and of the perils that threaten this heritage;
(ii)
To promote public access to important elements of its archaeological heritage, including sites, and to encourage public exposure to selected archaeological objects.

Preventing the illicit circulation of elements of the archaeological heritage

Art. 10

Each Party undertakes:

(i)
Organise the exchange of information between the competent authorities and the scientific institutions on the illegal searches found;
(ii)
To bring to the knowledge of the competent authorities of the State of origin party to this Convention (revised) any suspicious offer of provenance of illegal excavations or the diversion of official excavations, and any necessary clarification thereof;
(iii)
In relation to museums and other similar institutions whose purchasing policy is subject to the control of the State, to take the necessary measures so that they do not acquire elements of the archaeological heritage suspected of Come from uncontrolled discovery, illegal excavations or the diversion 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 the control of the State;
(a)
To transmit the text of this Convention (revised);
(b)
To spare no effort to ensure that the said museums and institutions respect the principles set out in s. (iii) above;
(v)
To restrict, as far as possible, by an action of education, information, vigilance and cooperation, the movement of elements of the archaeological heritage from uncontrolled discoveries, illegal excavations or diversions of Official excavations.
Art. 11

Nothing in this Convention (revised) shall affect any bilateral or multilateral treaties that exist or may exist between Parties for the illegal movement of elements of the archaeological heritage or their Restitution to the rightful owner.

Technical and mutual scientific assistance

Art. 12

The Parties undertake:

(i)
To provide mutual technical and scientific assistance in exchange of experience and expertise in matters relating to the archaeological heritage;
(ii)
To promote, within the framework of the relevant national legislation or the international agreements by which they are related, the exchange of specialists in the conservation of the archaeological heritage, including in the field of training Permanent.

Monitoring of the implementation of the Convention (revised)

Art. 13

For the purposes of this Convention (revised), an expert committee set up by the Committee of Ministers of the Council of Europe under Art. 17 of the Statute of the Council of Europe 1 , 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 the archaeological heritage in the States Parties to the Convention (revised) and on the application of the principles it States;
(ii)
To propose to the Committee of Ministers of the Council of Europe any measure to implement the provisions of the Convention (revised), including in the field of multilateral activities and in the field of revision or amendment of the Convention (revised) and 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

Art. 14

1 This Convention (revised) is open for signature by the member states of the Council of Europe and the other States Parties to the European Cultural Convention.

It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

2 A State Party to the European Convention for the Protection of the Archaeological Heritage, signed at London on 6 May 1969 1 , may not deposit its instrument of ratification, acceptance or approval if it has not already denounced the said Convention or 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 Where, in accordance with the two preceding paragraphs, the taking 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 the deposit of its instrument of ratification, acceptance or approval, that it will 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 in respect of any signatory State which 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.


1 [RO 1970 1223. RO 1996 2785]

Art. 15

1 After the entry into force of this Convention (revised), the Committee of Ministers of the Council of Europe may invite any other non-member State of the Council and the European Economic Community to accede to this Convention (revised), By a decision taken by a majority under s. 20. D Of the Statute of the Council of Europe 1 And unanimously by the representatives of the Contracting States having the right to sit on the Committee.

2 For any acceding State or for the European Economic Community, in the event of accession, the Convention (revised) shall enter into force six months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.


Art. 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 (revised) will apply.

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) will 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 two preceding paragraphs may be withdrawn, in respect of 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.

Art. 17

1 Any Party may, at any time, denounce this Convention (revised) by sending 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.

Art. 18

The Secretary General of the Council of Europe shall notify the member states of the Council of Europe, the other States Parties to the European Cultural Convention, as well as any State and the European Economic Community having acceded or having 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 date of entry into force of this Convention (revised), in accordance with its art. 14, 15 and 16;
(iv)
Any other act, notification or communication relating to this Convention (revised).

In witness whereof, The undersigned, duly authorized to that effect, have signed this Convention (revised).

Done at La Valette, on January 16, 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 copies to each member state of the Council of Europe, to the other States party to the European Cultural Convention, as well as to any non-member State or Community European Economic Community invited to accede to this Convention (revised).

(Suivent signatures)

Scope of application January 22, 2016 2

States Parties

Ratification

Accession (A)

Entry into force

Albania

19 February

2008

August 20

2008

Germany

22 January

2003

July 23

2003

Andorra

26 June

1998

27 December

1998

Armenia

17 December

2004

18 June

2005

Austria

23 January

2015

24 July

2015

Azerbaijan

28 March

2000 A

29 September

2000

Belgium

8 October

2010

April 9

2011

Bosnia and Herzegovina

14 December

2010

15 June

2011

Bulgaria

2 June

1993

25 May

1995

Cyprus

April 26

2000

27 October

2000

Croatia

August 6

2004

7 February

2005

Denmark A

16 November

2005

17 May

2006

Spain

March 31

2011

1 Er October

2011

Estonia

15 November

1996

May 16

1997

Finland

September 15

1994

25 May

1995

France

10 July

1995

11 January

1996

Georgia

13 April

2000

14 October

2000

Greece

10 July

2006

11 January

2007

Hungary

February 9

1993

25 May

1995

Ireland

18 March

1997

19 September

1997

Italy

30 June

2015

31 December

2015

Latvia

July 29

2003

30 January

2004

Liechtenstein

1 Er July

1996

2 January

1997

Lithuania

7 December

1999

8 June

2000

Macedonia

February 6

2006

7 August

2006

Malta

24 November

1994

25 May

1995

Moldova

21 December

2001

22 June

2002

Monaco

21 October

1998

22 April

1999

Norway

September 20

1995

21 March

1996

Netherlands B

11 June

2007

12 December

2007

Curaçao

11 June

2007

12 December

2007

Caribbean (Bonaire, Sint Eustatius and Saba)

11 June

2007

12 December

2007

Sint Maarten

11 June

2007

12 December

2007

Poland

30 January

1996

July 31

1996

Portugal

August 5

1998

February 6

1999

Czech Republic

22 March

2000

23 September

2000

Romania

20 November

1997

21 May

1998

United Kingdom

19 September

2000

20 March

2001

Isle of Man

19 September

2000

20 March

2001

Jersey

19 September

2000

20 March

2001

Russia

12 October

2011

13 April

2012

San Marino

12 November

2015

13 May

2016

Holy See

7 May

1999

8 November

1999

Serbia

September 14

2009

15 March

2010

Slovakia

October 31

2000

1 Er May

2001

Slovenia

7 May

1999

8 November

1999

Sweden

11 October

1995

12 April

1996

Switzerland

March 27

1996

28 September

1996

Turkey

29 November

1999

30 May

2000

Ukraine

26 February

2004

August 27

2004

A
The Convention does not apply to the Faroe Islands or Greenland.

B For the Kingdom in Europe.


RO 1996 2965; FF 1995 III 441


1 RO 1996 2964
2 RO 1996 2965, 2003 2427, 2006 789, 2010 3855, 2013 1589, 2016 417. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status January 22, 2016