Monday, November 5, 2018

Permit-Regulated Artefact Hunting in Europe


[note: Raimund Karl of Bangor suggests that Austria
 should be 'green', not red   but his convoluted arguments
 for an alternative and  specific legalistic interpretation
 of the relevant legislation have not yet convinced me
- see his extensive comments in the comments section
 below and decide for yourselves, the Father-Christmas-
buried-in-a-flower-border  stunt shows the sort of
'evidence' this professor considers clinching]
I am writing something today and just wanted a quick aide memoire about where intrusive intervention in the archaeological record and in particular its Collection-Driven Exploitation (with or without metal detectors) is regulated or restricted by permit systems, and where it is more or less like the laissez faire situation in England and Wales. I quickly knocked up a map (in part initially based on this list with corrections and additions), but realised that since there's apparently not anything like this on the internet, it might be worth posting here. So for what it's worth, here it is, a rough version, green marks areas with liberal legislation, allowing digging, metal detecting and other forms of artefact hunting without a permit, red is where you need a permit. The yellow countries are those where I have not yet worked out what the situation is, though I expect that when I do, they will be red too. It is a little more nuanced than shown here of course (for example a permit system in N Ireland, but this gives a rough idea how it looks.

It is interesting to see how all the 'CDE-liberal' countries are on the North Sea and Baltic Sea littorals. Or perhaps its a northern European phenomenon, or somehow related to Protestantism?. 

UPDATE 4th November 2018
I have been contacted by a couple of people about this map and have decided to update it. The situation as I read it originally was ambiguous in the Russian Federation, where it seems that while known sites were protected, archaeological sites on private land were not and I was unclear on the position over loose artefacts. I have been told that since 2013 federal law No 245 has been passed and this now means that all movable archaeological objects in the ground, on the ground and underwater have been declared by law as State property (regardless of their registration, origin and relation to the known archaeological sites). 'They are not covered by the civil-legal definition of treasure, and therefore must be unconditionally returned to the state bodies under threat of prosecution'. That's good news and allows me to change the colour of the big patch on the right of the map.

Another change is that for some reason I had Latvia as a liberal country in the same way, but somebody pointed me to a very interesting document which acts as a sort of Red Book for Latvian antiquities (interesting with regard to the 'Viking' [not really] objects that are still flooding eBay from this region) which clarifies that Latvia's colour also needs changing on my map.

Also I was a bit wary of marking Ukraine green on the first version of this map, Sam Hardy however points out (“Black archaeology” in Eastern Europe: Metal detecting, illicit trafficking of cultural objects and “legal nihilism” in Belarus, Poland, Russia and Ukraine- referring to the 2004 Ukrainian 'Law on Protection of Archaeological Heritage'Art. 8-10)

It turns out that Luxembourg has a permit system.

Albania's legislation is a bit unclear to me, but it seems art. 33 and 41-2 of this 2003 law (9048 for the cultural heritage) means artefact hunting is subject to a permit system too.

Also, the position with regards to Norway is unclear (Jostein Gundersen, Josephine M. Rasmussen, Ragnar Orten Lie 2016, ‘Private Metal Detecting and Archaeology in Norway’ Open Archaeology 2016; 2: 160–170). I am leaving it green, but it seems from the article that technically, under existing heritage legislation, a permit is needed to search for archaeological material.

I am struggling a bit with the five Balkan states. Bosnia and Herzegovina has a permit system for excavations on archaeological sites, but I cannot determine whether this also replies for searching for archaeological material where there is no known site, probably though this is the case. Mention is made here (National report on the implementation of the 1970 Convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property) however of the problem that reporting finds is not mandatory, so the situation remains unclear. The situation in Macedonia, Serbia, Kosovo, and Montenegro is unknown to me. I'd be grateful for more information to help me fill in the empty areas on this map.