Period: 21 Legislative Year: 1 Warning: You Are Viewing The Law, Parliamentary General Assembly Accepted. If It Does Not Contain Any Changes That Are Made Later. European Convention For The Protection Of The Archaeological Heritage (Tsubasa Ohzora

Original Language Title: Dönem : 21 Yasama Yılı : 1 Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. ARKEOLOJİK MİRASIN KORUNMASINA İLİŞKİN AVRUPA SÖZLEŞMESİ (GÖZD

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Law No. 4434:5.8.1999 Article 1. — January 16, 1992 in Valletta (Malta) the "European Convention For the protection of the Archaeological Heritage (Revised)" approval of. Article 2. — This Act shall become effective the date of promulgation. Article 3. — The provisions of this law, the Council of Ministers.

EUROPEAN CONVENTION for the PROTECTION of the ARCHAEOLOGICAL HERITAGE (Revised) INTRODUCTION This agreement (Revised) Council of Europe Member States who signed the European cultural Convention party with other States, the Council of Europe's common heritage, especially the purpose of which is to protect and develop the ideal and principles of closer cooperation between the members, taking into account that perform;
signed in Paris on 19 December 1954 the European cultural Convention, and in particular to article 1 and 5 of this, 3 October 1985 in Granada, the protection of the Architectural Heritage of Europe-related Agreement, signed on June 23, 1985, signed in Delphi, Cultural Assets related to crime for the Parliamentary Assembly of the European Agreement, particularly in relation to Archaeology 848 (1978), 921 (1981) and 1072 (1988) recommendation decisions are taken; Rural and urban restructuring within the framework of the activities related to the protection and evaluation of the archaeological heritage R (89) 5 recommendation considering your decision;
The basis for the recognition of the archaeological heritage of civilizations past, recalling that an item, Old archaeological heritage of Europe know of history, as well as from the increase in large structuring natural hazards, lack of excavations or illegally or scientific qualifications because there is not enough of the people under the threat of a serious bilgilendirilmemesinden by recognizing that somehow destroyed, Still the administrative and scientific control existing non-mandatory procedural Petrosyan and archaeological heritage protection of the urban and rural structures concerned with cultural development policies integration reaffirming the need to Archaeological Heritage Protection, responsibility is not only directly related to reducing the danger of the deterioration of State-owned and with experts and experience exchange in terms of the realization of the responsibility of protecting all of the European countries that underlining;
Progress in restructuring policy in European countries, was signed in London on 6 May 1969 European Agreement concerning the protection of Archaeological Heritage lies the need for completion of the policy, the following matters were agreed upon: article 1 DEFINITION ARCHAEOLOGICAL HERITAGE: 1. This agreement (revised) purpose, source of Europe's public memory, as well as scientific and historical research instrument is to protect the archaeological heritage as.
2. for this purpose: I) protection and examination of relations with the history of mankind and natural environment will provide identifying progress;
II the main excavation and discovery of information acquisition path) of humanity and its surroundings as well as other research methods concerning occurs;
located in all kinds of venues under the authority of the parties III), all wastes, entities and other traces of the existence of archaeological heritage of mankind's history items.
3. Structures, construction, history groups, opened sites, movable assets, other types of monuments and their surroundings, whether you want regardless of under water in the soil, are included in the archaeological heritage.
IDENTIFICATION and PROTECTION MEASURES article 2 HERITAGE ID: each of the parties, according to its own specific procedures, the following points for the protection of the archaeological heritage, which stipulates a legal regime committed to putting into practice: an inventory of Archaeological Heritage I) and classification of monuments or protected area, ii) Material examined by posterity prints for the protection to land on or even a visible remains under water the creation of the archaeological reserve areas, works of Archaeological Heritage found by chance iii) for anyone to report them to the competent authorities and inspection, but the obligation to keep.
Article 3: in order to protect the archaeological heritage and scientific archaeological research activities to ensure each of the parties undertakes to comply with the following points: I) the archaeological excavation and other activities allowed and control procedures, to perform the following goals, put into practice: a) removing illegal Archaeological Heritage elements and preventing displacement;
b) archaeological excavation and search scientific way and to ensure, depending on the circumstances: — methods of non-destructive research using as often;
— The protection of the Archaeological Heritage elements, storing and classification from their excavation over measures appropriate for the print cartridges damages, is not left unprotected during and after excavation;
II) Excavations and may cause destruction of the techniques this purpose only qualified and trained persons by execution observed;
III) for the purposes of the archaeological search metal detector and other search tools in domestic legislation of the State, the use of prescribed, scientifically qualified front keep subject to authorisation. Article 4: each of the parties, as the case may be, the following points are also to anticipate, to put into effect the protection of archaeological heritage physical follow-up measures undertakes: 1. Archaeological Reserve constitutes acquisition of public authorities of the areas reserved to the zones or other suitable means of protection;
2. the protection of the Archaeological Heritage, preferably located and maintenance;
3. Location removed from archaeological finds to the appropriate stores. Article 5: the parties undertake to provide each of the following issues: 1. Archaeology: Archaeological value, the protection of the sit, I) and for the assessment of the planning policies and to put on a balanced strategies ii) to participate in a variety of application phase of Restructuring programmes shall provide, to reconcile the needs of archaeology and restructuring and work to identify;
2. Archaeologists and builders of the city by creating a systematic consultation mechanism between: I) the restructuring plans likely to destroy the archaeological heritage to be replaced;
order of scientific review and Encircled II) results won't be able to ensure adequate time and facilities;
3. the review of the environmental impacts and the decisions resulting therefrom, archaeological sites and their surroundings to take care to consider;
4. on the occasion of the archaeological heritage elements structuring, for the protection measures in place, in cases where possible;
5. the opening to the public of archaeological, in particular many visitors entry to be made for the structuring of this archaeological and scientific circles sit and not harm the nature.
ARCHAEOLOGICAL RESEARCH and PROTECTION FUNDING article 6: each of the parties: 1. Archaeological Research, responsibilities within the national, regional or local public authorities to anticipate financial support;
2. increase financial hardware required for Preventive archaeology and, to this end, I) large scale public or private public works studies, these studies will emerge depending on the cost of all kinds of activity appropriate archaeological public and private sector funds will allow measures to be met to receive;
in the budget, the environment, and these studies II) restructuring of its required effect as in archaeological review preliminary examination and search of the scientific findings of the synthesis documents and announcements and publications should also be committed to providing.
Article 7 COLLECTION and PUBLICATION of SCIENTIFIC INFORMATION DISCLOSURE: review of the archaeological evidence, and to facilitate the publication of each of the parties: 1. in the areas under the authority of the archeological survey of how to make or update their inventories and maps, 2. Archaeological activities, further review before the proclamation of the experts, published a background paper to be prepared is committed to take all practical measures.
Article 8: each of the parties: 1. Archaeological Heritage of national or international plan to facilitate the exchange of scientific purpose, but their cultural and scientific values of change in any way to take the necessary measures to prevent damage;
2. Archaeological Research and excavations in progress to encourage the exchange of information and to contribute to international research programmes.
PUBLIC AWARENESS article 9: each of the parties: 1. recognition of the dangers threatening the archaeological heritage of the past and for this to wake the conscience of public opinion about the value of the heritage and development purposes educational studies, important elements of the Archaeological Heritage 2 and especially the opening to the public of selected archeological sit, be committed to promote the exhibit of assets.
PREVENTING the ILLEGAL CIRCULATION of ARCHAEOLOGICAL HERITAGE SYSTEM; article 10: each of the parties undertakes to comply with the following points:

1. The competent public authorities about the illegal excavations with the exchange of information between scientific organizations;
2. Illegal excavation, so it had been stolen from excavations or legal doubt the work of all kinds and for all the details, this agreement (revised) declare to the competent authority of the country of origin sides;
3. Buying policy subject to State control, museums and other similar institutions come from illegal excavations from uncontrolled finds or excavations, stolen from official suspicion in order to buy elements of the archaeological heritage to take precautions;
4. Buying policy is not subject to State control, to museums and similar institutions of the country Side: I) Agreement (revised) text to deliver them, ii) top 3. it comes to museums and institutions registered in the paragraph policy to ensure the integrity of the effort.
5. resulting from illegal excavations or Unsupervised finds from excavations and archaeological heritage elements stolen from the official circulation of educational, informational, warning and limit as much as possible through cooperation.
Article 11: this agreement (revised) no provision, the owner of the illegal circulation of archaeological heritage or legal agreements between the parties relating to the return or without prejudice to bilateral or multilateral agreements that might be present.
Article 12 MUTUAL TECHNICAL and SCIENTIFIC ASSISTANCE: the parties: 1. Archaeological Heritage-related issues by mutual exchange of experience and expert technical and scientific yardımlaşmada and relevant national legislation or the 2nd favoured within the framework of international agreements, including the continuing education area, archaeological heritage undertake to facilitate the exchange of experts.
CONVENTION (REVISED), the Council of Europe, article 13: APPLICATION CONTROL statute in accordance with article 17; The Committee of Ministers of the Council of Europe, a Committee of experts established by the agreement (revised) application specifically tasked watching the following points: 1. The Committee of Ministers of the Council of Europe, devrevi, Contract (revised) concerning the protection of the archaeological heritage in the countries policies Parties and a report about the State of the application of the principles of the contract;
2. The Council of Ministers of the Council of Europe Committee, multilateral activity field and agreement (revised) reviewing or changing the agreement (revised) informing the public about the objectives, including, contract (revised) suggesting any measures regarding the implementation of the provisions; 3. The Council of Ministers of the Council of Europe non-Member States of the Council of Europe to the Committee on the Convention of the (revised) recommended for the invitation to be a party to.
FINAL PROVISIONS article 14:1. This agreement (revised) European cultural Convention of the Council of Europe Member States and other States parties to sign.
The contract will be submitted to ratification, acceptance or tasvibe. Of ratification, acceptance or approval shall be deposited with the Secretariat General of the Council of Europe.
2. signed in London on 6 May 1969, Archaeological Heritage protection as well as in the European Convention-party State did not notice before the termination or dissolution of the peer does not notice at the time of ratification, acceptance or approval is deposited. 3. The present Convention (revised), at least three of the four State of the Council of Europe, in accordance with the provisions of the previous paragraphs, the parties to the present Convention six months after the date of reporting their desire to be.
4. as a result of the implementation of the previous two paragraphs, dated May 6, 1969, termination of this agreement (revised) does not occur simultaneously with the entry into force, any State that signed this agreement, deposited the ratification, acceptance or approval of this agreement during the (revised) until the entry into force, will continue to implement the contract dated May 6, 1969. 5. this agreement (revised), signer's desire to be parties to the present Convention, however, will notify each of the States later in terms of ratification, acceptance or approval is deposited, the Convention shall enter into force six months after.
Article 15:1. This agreement (revised) after the entry into force of the Council of Europe Committee of Ministers, the Council of Europe statute 20. (d) have not stipulated in article mostly and representatives of the States parties Were unanimous that non-members of the Council of the European Economic Community and any other State this agreement (revised) will be able to invite you to participate in.
2. in the event that the participating State or participating in the European Economic Community the Convention for accession to the Council of Europe Secretary-general deposited, the Convention shall enter into force six months after.
Article 16:1. Every State, signature or ratification, acceptance, approval, or acceptance of payment effected during this agreement (revised) will be applied to the soil or can identify the lands.
2. Every State, later Secretary General of the Council of Europe at any time a statement addressed, implementation of this agreement, any other piece of land specified in the manifest of the organization. This new piece of land in terms of the Contract, to which the notification is received by the Secretary General of the Council of Europe enters into force six months later.
3. each declaration made in accordance with the preceding two paragraphs, referred to in this statement piece of land, with a note addressed to the Secretary General, customers who have back. Recall, the Secretary-General's note of effective after six months.
Article 17:1. Each of the Parties shall be effected by the Secretary General notes this agreement (revised) could turn at any moment the termination.
2. Termination notice, Secretary General by six months after the date of the receipt of the note be effective.
Article 18: Secretary General of the Council of Europe, the European cultural Convention of the Council of Europe's Member States, other States, parties to this agreement (revised) or participating in the European Economic Community and each State invited to join: a) Each signature, ratification, acceptance, approval, or b) each deposited a participation certificate, c) 14, 15 and 16 in accordance with the provisions of this agreement (revised) the dates of entry into force of this agreement, d) (revised) any attempt regarding , notification and reporting.
Abovementioned tasdiken, undersigned and for this purpose the authorities beyond those stipulated by this agreement (revised) sign.
This agreement shall be in English and French languages, both texts will be equally as valid, too, kept in the archives of the Council of Europe is about to be, a single copy was held in Valletta on January 16 in 1992.
Secretary General of the Council of Europe, Council of Europe, a certified copy of the agreement, all Member States, interested in other States parties to the Convention and culture of Europe invite you to participate in this agreement, a non-Member State or European Economic Community owned will convey.