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The member States of the Council
of Europe, signatory hereto,
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 realising the ideals and principles which are
their common heritage;
Having regard to the European Cultural Convention,
signed at Paris on 19 December 1954, and inter alia Article 5 of that
Convention;
Affirming that the archaeological heritage is essential to a
knowledge of the history of civilisations;
Recognising that while the moral responsibility for protecting
the European archaeological heritage, the earliest source of
European history, which is seriously threatened with destruction,
rests in the first instance with the State directly concerned, it
is also the concern of European States jointly;
Considering that the first step towards protecting this heritage
should be to apply the most stringent scientific methods to
archaeological research or discoveries, in order to preserve
their full historical significance and render impossible the
irremediable loss of scientific information that may result from
illicit excavation;
Considering that the scientific protection thus guaranteed to
archaeological objects:
- would be in the interests, in particular, of public
collections, and
- would promote a much-needed reform of the market in
archaeological finds;
Considering that it is necessary to forbid clandestine
excavations and to set up a scientific control of archaeological
objects as well as to seek through education to give to
archaeological excavations their full scientific significance,
Have agreed as follows:
ARTICLE 1
For the purposes of this Convention, all remains and objects, or
any other traces of human existence, which bear witness to epochs
and civilisations for which excavations or discoveries are the
main source or one of the main sources of scientific information,
shall be considered as archaeological objects.
ARTICLE 2
With the object of ensuring the protection of deposits and sites
where archaeological objects lie hidden, each Contracting Party
undertakes to take such measures as may be possible in order:
- to delimit and protect sites and areas of archaeological
interest;
- to create reserve zones for the preservation of material
evidence to be excavated by later generations of
archaeologists.
ARTICLE 3
To give full scientific significance to archaeological
excavations in the sites, areas and zones designated in
accordance with Article 2 of this Convention, each Contracting
Party undertakes, as far as possible, to:
- prohibit and restrain illicit excavations;
- take the necessary measures to ensure that excavations
are, by special authorisation, entrusted only to qualified
persons;
- ensure the control and conservation of the results
obtained.
ARTICLE 4
- Each Contracting Party undertakes, for the purpose of the
study and distribution of information on archaeological finds, to
take all practicable measures necessary to ensure the most rapid
and complete dissemination of information in scientific
publications on excavations and discoveries.
- Moreover, each Contracting Party shall also consider ways and
means of:
- establishing a national inventory of publicly-owned and,
where possible, privately-owned archaeological objects;
- preparing a scientific catalogue of publicly-owned and,
where possible, privately-owned archaeological objects.
ARTICLE 5
With a view to the scientific, cultural and educational aims of
this Convention, each Contracting Party undertakes to:
- facilitate the circulation of archaeological objects for
scientific, cultural and educational purposes;
- encourage exchanges of information on:
- archaeological objects,
- authorised and illicit excavations
between scientific institutions, museums and the competent
national departments;
- do all in its power to assure that the competent
authorities in the States of origin, Contracting Parties to
this Convention, are informed of any offer suspected of
coming either from illicit excavations or unlawfully from
official excavations, together with the necessary details
thereon;
- endeavour by educational means to create and develop in
public opinion a realisation of the value of archaeological
finds for the knowledge of the history of civilisation, and
the threat caused to this heritage by uncontrolled
excavations.
ARTICLE 6
- Each Contracting Party undertakes to co-operate in the most
appropriate manner in order to ensure that the international
circulation of archaeological objects shall in no way prejudice
the protection of the cultural and scientific interest attaching
to such objects.
- Each Contracting Party undertakes specifically:
- as regards museums and other similar institutions whose
acquisition policy is under State control, to take the
necessary measures to avoid their acquiring archaeological
objects suspected, for a specific reason, of having
originated from clandestine excavations or of coming
unlawfully from official excavations;
- as regards museums and other similar institutions,
situated in the territory of a Contracting Party but
enjoying freedom from State control in their acquisition
policy:
- to transmit the text of this Convention, and
- to spare no effort to obtain the support of the
said museums and institutions for the principles set
out in the preceding paragraph;
- to restrict, as far as possible, by education,
information, vigilance and cooperation, the movement of
archaeological objects suspected, for a specific reason, of
having been obtained from illicit excavations or unlawfully
from official excavations.
ARTICLE 7
In order to ensure the application of the principle of
co-operation in the protection of the archaeological heritage
which is the basis of this Convention, each Contracting Party
undertakes, within the context of the obligations accepted under
the terms of this Convention, to give consideration to any
question of identification raised by any other Contracting Party,
and to co-operate actively to the extent permitted by its
national legislation.
ARTICLE 8
The measures provided for in this Convention cannot restrict
lawful trade in or ownership of archaeological objects, nor
affect the legal rules governing the transfer of such objects.
ARTICLE 9
Each Contracting Party shall notify the Secretary General of the
Council of Europe in due course of measures it may have taken in
respect of the application of the provisions of this Convention.
ARTICLE 10
- This Convention shall be open to signature by the member
States of the Council of Europe. It shall be subject to
ratification or acceptance. instruments of ratification or
acceptance shall be deposited with the Secretary General of the
Council of Europe.
- This Convention shall enter into force three months after the
date of the deposit of the third instrument of ratification or
acceptance.
- In respect of a signatory State ratifying or accepting
subsequently, the Convention shall come into force three months
after the date of the deposit of its instrument of ratification
or acceptance.
ARTICLE 11
- After entry into force of this Convention:
- any non-member State of the Council of Europe which is a
Contracting Party to the European Cultural Convention signed
at Paris on 19 December 1954 may accede to this Convention;
- the Committee of Ministers of the Council of Europe may
invite any other non-member State to accede thereto.
- Such accession shall be effected by depositing with the
Secretary General of the Council of Europe an instrument of
accession which shall take effect three months after the date of
its deposit.
ARTICLE 12
- Each signatory State, at the time of signature or when
depositing its instrument of ratification or acceptance, or each
acceding State, when depositing its instrument of accession, may
specify the territory or territories to which this Convention
shall apply.
- Each signatory State,when depositing its instrument of
ratification or acceptance or at any later date, or each acceding
State,when depositing its instrument of accession or at any later
date, by declaration addressed to the Secretary General of the
Council of Europe, may extend this Convention to any other
territory or territories specified in the declaration and for
whose international relations it is responsible or on whose
behalf it is authorised to give undertakings.
- Any declaration made in pursuance of the preceding paragraph
may, in respect of any territory mentioned in such declaration,
be withdrawn according to the procedure laid down in Article 13
of this Convention.
ARTICLE 13
- This Convention shall remain in force indefinitely.
- Any Contracting Party may,in so far as it is concerned,
denounce this Convention by means of a notification addressed to
the Secretary General of the Council of Europe.
- Such denunciation shall take effect six months after the date
of receipt by the Secretary General of such notification.
ARTICLE 14
The Secretary General of the Council of Europe shall notify the
member States of the Council and any State which has acceded to
this Convention of:
- any signature;
- any deposit of an instrument of ratification, acceptance
or accession;
- any date of entry into force of this Convention in
accordance with Article 10 thereof;
- any declaration received in pursuance of the provisions
of paragraphs 2 and 3 of Article 12;
- any notification received in pursuance of the provisions
of Article 13 and the date on which denunciation takes
effect.
In witness whereof the undersigned, being duly authorised
thereto, have signed this Convention.
Done at London, this 6th day of May 1969, in English and in
French, both texts being equally authoritative, in a single copy
which shall remain deposited in the archives of the Council of
Europe. The Secretary General of the Council of Europe shall
transmit certified copies to each of the signatory and acceding
States.
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