Preamble
The
States Parties to the present Convention,
Acknowledging
the
importance of underwater cultural heritage as an integral part of the cultural
heritage of humanity and a particularly important element in the history
of peoples, nations, and their relations with each other concerning their
common heritage,
Noting
growing
public interest in underwater cultural heritage,
Aware
of the fact that underwater cultural heritage is threatened by unsupervised
activities not respecting fundamental principles of archaeology and of
the need for conservation and research of underwater cultural heritage,
Aware
further of increasing commercialization of efforts to recover underwater
cultural heritage and availability of advanced technology that enhances
identification of and access to it ,
Deeply
concerned
by activities aimed at the sale, acquisition or barter of underwater cultural
heritage, activities that increasingly jeopardize underwater cultural heritage,
Conscious
also of growing threats to underwater cultural heritage from various other
activities, namely exploitation of various natural resources
and construction,
Believing
that cooperation among States, archaeologists,
museums and other scientific institutions, salvors, divers and their organizations
is essential for the protection of underwater cultural heritage,
Considering
that
exploration, excavation, and protection of underwater cultural heritage
necessitates the application of special scientific methods and the use
of suitable techniques and equipment as well as a high degree of professional
specialization, all of which indicates a need for uniform governing criteria,
Recognizing
that
underwater cultural heritage should be preserved for the benefit of humankind,
and that therefore responsibility for its protection rests not only with
the State or States most directly concerned with a particular activity
affecting the heritage or having an historical or cultural link with it,
but with all States and other subjects of international law,
Bearing
in mind
the
need for more stringent measures to prevent any clandestine or unsupervised
activity which, by destroying the environment surrounding underwater
cultural heritage, would cause irremediable loss of its historical or scientific
significance,
Realizing
the
need to codify and progressively develop rules relating to the protection
and preservation of underwater cultural heritage in conformity with international
law and practice, including the UNESCO Convention on the Means of Prohibiting
and Preventing the Illicit Import, Export and Transfer of Ownership of
Cultural Property of 14 November 1970, the UNESCO Convention concerning
the Protection of the World Cultural and Natural Heritage of 16 November
1972 and the United Nations Convention on the Law of the Sea of
10 December 1982,
Convinced
that
information and multi-disciplinary education about underwater cultural
heritage, its historical significance, serious threats to it, and the need
for responsible diving, underwater
exploration and other activities affecting it, will enable the public to
appreciate the importance of underwater cultural heritage to humanity and
the need to preserve it, and
Committed
to
improving the effectiveness of measures at international, regional and
national levels for the preservation in situ or, if necessary for
scientific or protective purposes, the careful removal of underwater cultural
heritage that may be found beyond the territories of States
Have
agreed as follows:
Article
1 - Definitions
For
the purposes of this Convention:
1.
(a) "Underwater
cultural heritage" means all traces of human existence which have
been partially or totally underwater, periodically or continuously, for
at least 100 years including:
(i) sites, structures, buildings, artefacts and human remains, together with their archaeological and natural contexts;
(ii) vessels, aircraft, other vehicles or any part thereof, their cargo or other contents, together with their archaeological and natural context; and
(iii) objects of prehistoric
character, as well as sites with spiritual associations for indigenous
peoples.
(b) installations deliberately
placed on the seabed for a specific purpose and still in use for that
purpose shall not be considered as "underwater cultural heritage".
2. Notwithstanding the provisions of paragraph 1, a State party may designate certain traces of human existence within its jurisdiction as underwater cultural heritage, even though they have been underwater for less than 100 years.
3. "States Parties" means States which have consented to be bound by this Convention and for which the Convention is in force.
4.
"UNESCO" means United Nations Educational, Scientific
and Cultural Organization.
5.
"Director-General" means the Director-General of UNESCO.
6.
"Rules" means the Rules concerning activities directed
at underwater cultural heritage contained in the Annex.
7.
"Area" means the sea-bed
and ocean floor and subsoil thereof, beyond the limits of national
jurisdiction.
8.
"Activity directed at underwater cultural heritage" means
activity having underwater cultural heritage as its object or as one of
its objects and which may, directly or indirectly, physically disturb
or otherwise damage underwater cultural heritage.
9.
“Activity incidentally affecting underwater cultural heritage” means
activity which, despite not having underwater cultural heritage as its
object or as one of its objects, may physically disturb or otherwise damage
underwater cultural heritage.
10.
“Partial agreement” means agreement between certain States Parties
to this Convention which are not from the same geographical region.
11.
“Necessary measures” means those that are deemed essential following
an assessment of the probable risk and the degree of seriousness of such
possible adverse effects.
Article
2 - Warships
1.
This Convention shall apply to wrecks of any warship, naval auxiliary
or any other vessel or aircraft and to its remains and contents where it
was owned or operated by a State and identifiable as such and used, at
the time of its sinking, only on governmental and for non-commercial purposes.
2.
In their internal waters, archipelagic waters, territorial sea and
contiguous zone, coastal States may take measures for protection of the
underwater cultural heritage described in paragraph 1.
3.
No action will be taken by the coastal State to recover underwater
cultural heritage described in paragraph 1 and located in the maritime
areas described in paragraph 2, unless it has been expressly abandoned
by the flag State, without the collaboration of the flag State.
4.
No action will be taken by the flag State to recover underwater
cultural heritage described in paragraph 1 and located in the maritime
areas described in paragraph 2 without the collaboration of the coastal
State.
5.
The coastal State and the flag State will collaborate for the protection
of the underwater cultural heritage described in paragraph 1 and located
on the continental shelf.
1.
This Convention aims to implement and strengthen the protection
of the underwater cultural heritage as provided in UNCLOS.
2.
States shall preserve underwater cultural heritage for the benefit
of humankind in accordance with the provisions of this Convention.
3.
States shall, individually or jointly as appropriate, take all measures
consistent with this Convention that are necessary to protect underwater
cultural heritage, using for this purpose the best practicable means at
their disposal and in accordance with their capabilities.
4.
States shall co-operate in the protection of underwater cultural
heritage, in particular with all other States with a verifiable link to
the heritage concerned.
5.
The preservation in situ of underwater cultural heritage
shall be considered as the first option before engaging in or allowing
any activities directed at this heritage.
6.
Underwater cultural heritage shall not be commercially exploited.
1.
Nothing in this Convention nor any act performed on the basis of
this Convention shall prejudice the rights, the present or future claims
or legal views of any State relating to the law of the sea.
2
No act or activity undertaken on the basis of this Convention shall
constitute grounds for claiming, contending or disputing any claim to national
sovereignty or jurisdiction.
Underwater
cultural heritage to which this Convention applies shall not be subject
to the law of salvage or law of finds unless it is in full conformity with
this Convention.
Article
6 (old X)
- Activities incidentally affecting underwater cultural heritage
1.
Each State Party shall use
the best practical means at its
disposal to prevent any adverse effects that might arise from activities
incidentally affecting underwater cultural heritage in its inland waters,
internal waters, archipelagic waters, territorial sea, or continental
shelf.
2. Where a State Party designates as requiring special protection underwater cultural heritage in its internal waters, archipelagic waters and territorial sea, or on its continental shelf, it shall take all necessary measures to ensure that activities do not adversely affect such underwater cultural heritage.
Article
7 (old 2 ter) - Regional,
partial or bilateral
agreements
1.
States Parties may enter into regional, partial or bilateral agreements,
or develop existing agreements, for the preservation of underwater cultural
heritage. All such agreements shall be compatible with the provisions of
this Convention and shall not dilute the universal character of the Convention.
States may, in such agreements, adopt rules and regulations which
would ensure better protection of underwater cultural heritage than those
adopted at global level.
2.
The Parties to such bilateral, partial or regional agreements may
invite States with a verifiable link to the heritage concerned to join
such agreements.
in
inland waters, in internal waters, archipelagic waters and territorial
sea
1.
States
Parties, in the exercise of their sovereignty, have the exclusive right,
subject to Article 2, to regulate and authorize activities directed at
underwater cultural heritage in their internal waters, archipelagic waters
and territorial sea.
2.
Without prejudice to other international agreements and rules of
international law regarding the protection of underwater cultural heritage,
States Parties shall require that the Rules of the Annex be applied taking
into account the cultural significance of the heritage, to activities directed
at underwater cultural heritage in their internal waters, archipelagic
waters and territorial sea.
3.
Any State Party, at the time of its ratification or accession to
this Convention, may declare that the Rules contained in the Annex shall
apply to inland waters which are not of a maritime character.
States
Parties may regulate and authorize activities directed at underwater cultural
heritage within their contiguous zone. In so doing, they shall require
that the Rules of the Annex
be applied, taking into account the cultural significance of the heritage.
1.
A coastal State may require the finder of underwater cultural heritage
on its continental shelf to report it to the competent authorities of that
State.
2.
Each State Party shall
require its nationals to report to its own competent authorities any find
of underwater cultural heritage not covered by paragraph 1.
Article 11
- Non-interference with the natural resources of the continental
shelf
1.
Since activities directed at underwater cultural heritage inevitably
affect the natural resources on the continental shelf, a coastal State
may require, in pursuance of its right to protect natural resources on
its continental shelf, that no such activities
take place before the coastal State has evaluated the effect on
those resources.
2.
The coastal State may allow activities directed at the underwater
cultural heritage on its continental shelf subject to conditions which
shall include the Rules of the Annex.
Article
12 (old 7bis, original text) - Underwater cultural heritage in the Area
Any
discovery of underwater cultural heritage in the Area shall be reported
by the finder to the Director-General of the United Nations Educational,
Scientific and Cultural Organization.
1.
A State party shall make it an offence to import into its territory
underwater cultural heritage which has not been excavated in accordance
with the Convention.
2.
To facilitate the import into the coastal State of underwater cultural
heritage excavated on its continental shelf, the competent authorities
of that State may issue an import permit for the underwater cultural heritage
subject to observance of the Rules of the Annex.
States
Parties shall take measures to prohibit the use of their territory, including
their maritime ports and off-shore terminals, or other area under their
jurisdiction or control, in support of any activity directed at underwater
cultural heritage and inconsistent with the Convention .
1.
States Parties shall take all practicable measures to ensure that
their nationals and vessels flying their flag refrain from engaging in
any activity directed at underwater cultural heritage in a manner inconsistent
with the Convention .
2.
Measures to be taken by a State Party in respect of its nationals
and vessels flying its flag shall include:
(a)
prohibition of activities directed at underwater cultural heritage
otherwise than in accordance with the Convention in areas where no State
Party exercises control under Article 12;
(b)
all practicable measures to
ensure that they do not, in a manner contrary to the laws and regulations
of a State Party which exercises control under Articles 11 or 12,
engage in activities directed at underwater cultural heritage within the
continental shelf of that State.
1.
Each State Party shall take [criminal, administrative or civil]
measures imposing sanctions for the contravention of the measures referred
in Articles […].
2.
States Parties shall co-operate with each other in the enforcement
of these sanctions.
1.
Each State Party shall take measures providing for the seizure of
underwater cultural heritage brought into its territory and recovered from
the seabed in the absence of a permit that has been properly issued by
a competent authority in accordance with the Convention or that has been
excavated or recovered in a manner not in conformity with the Convention.
2.
Each State Party shall record, protect and take all reasonable measures
to conserve underwater cultural heritage seized under this Convention.
3.
Each State Party shall notify any seizure of underwater cultural
heritage that it has made under this Convention to the Director General
of UNESCO and to any other State with a verifiable link to the heritage
concerned.
4.
A State Party which has seized underwater cultural heritage shall
ensure that its disposition be for the public benefit, taking into account
the need for conservation and research, the need for re-assembly of a dispersed
collection, public access, exhibition and education, and the interests
of any State with
a verifiable link to the heritage concerned.
1.
States Parties shall co-operate with and assist each other in the
protection and management of underwater cultural heritage under this Convention,
including, where practicable, collaborating in the investigation,
excavation, documentation, conservation, study and presentation of
such heritage.
2.
To the extent compatible with the purposes of this Convention, each
State Party shall share information with other States Parties concerning
underwater cultural heritage, including discovery of heritage, location
of heritage, heritage excavated or recovered contrary to this Convention
or otherwise in violation of international law, pertinent scientific
methodology and technology, and legal developments relating to heritage.
3.
All information shared between States Parties, or between UNESCO
and States Parties, regarding the discovery or location of underwater cultural
heritage should be kept confidential and reserved to competent authorities
of States Parties to the extent compatible with their national constitution
as long as the disclosure
of such information might endanger or otherwise put at risk the preservation
of such underwater cultural heritage.
4.
Each State Party shall take all practical measures to disseminate
information, including where feasible through appropriate international
databases, about underwater cultural heritage excavated or
recovered contrary to this Convention or otherwise in violation
of international law.
Each
State Party shall take all practical measures to raise public awareness
regarding the value and significance of underwater cultural heritage and
the importance of protecting it under this Convention.
States Parties
shall cooperate in the provision of training in underwater archaeological
investigation and excavation methods, in techniques for the conservation
of underwater cultural heritage, and in the transfer of technology relating
to underwater cultural heritage.
In
order to ensure the proper implementation of this Convention, States Parties
shall establish national services, where such services do not exist, or
improve the existing ones where appropriate, with the aim of providing
for the effective protection, conservation, presentation and management
of, as well as research and education regarding underwater cultural heritage.
(alternative)
1.
The
Director-General shall convene a Meeting of States Parties within one year
of the entry into force of the Convention and at least once every two years.
At the request of a majority of the States Parties, the Director-General
shall convene an Extraordinary Meeting of States Parties. 2.
The
Meeting of States Parties shall adopt its Rules of Procedure. 3.
The
Meeting of States Parties shall be responsible for keeping under continuing
supervision the implementation of the Convention and, to that end, shall
perform the following functions: (a)
elect
the Members of the Scientific and Technical Advisory Body, in accordance
with Article 23, paragraphs 1 to 3; (b)
review
and adopt amendments to this Convention in accordance with Article 29. (c)
review
the reports prepared by the States Parties and governmental or non-governmental
organizations on the application of the Convention; (d)
endorse
the Guidelines developed by the Scientific and Technical Advisory Body,
in accordance with Article 23 , paragraph (a) ; (e)
consider
the technical report submitted by the Scientific and Technical Advisory
Body in accordance with Article 23 , paragraph (b); (f)
receive
and consider requests for international assistance under Article…; (g)
promote
cooperation with and between governmental or non-governmental organizations,
at the international or regional level, concerned with the protection of
underwater cultural heritage; (h)
discuss
any problem related to the application of the Convention, and to make recommendations,
as appropriate; (i)
request
the Scientific and Technical Advisory Body to prepare reports on specific
issues on the implementation of the Convention. 4.
The
Meeting of States Parties may invite the appropriate scientific body or
bodies to collaborate with and advise the States Parties on any scientific
or technical aspect relevant to this Convention. |
(Chairman's
proposal) 1.
The
Director-General shall convene a Meeting of the States Parties within one
year of the entry into force of the Convention and thereafter at least
once every two years. At the request of a majority of the States Parties,
the Director-General shall convene an Extraordinary Meeting of the States
Parties. 2.
The
Meeting of the States Parties shall adopt its Rules of Procedure. 3.
The
Meeting of States Parties shall decide on the functions and responsibilities
of the Meeting and of the functions and procedures of the Scientific and
Technical Committee established by
Article 23. |
|
Scientific
and Technical Advisory Body (alternative) 1.
At
its first session, the Meeting of States Parties shall elect a Scientific
and Technical Advisory Body composed by 18 experts nominated by States
Parties, and who will act in a personal capacity. 2.
Members
of the Scientific and Technical Advisory Body shall preferably be experts
in the protection and management of the underwater cultural heritage, with
academic or professional qualifications recognized at the international
or regional level. 3.
In
determining membership of the Scientific and Technical Advisory Body, States
Parties shall seek to ensure an equitable representation of the different
regions and cultures of the world. 4.
Members
of the Scientific and Technical Advisory Body shall perform their duties
for four years, and shall be eligible for immediate re-election only once. 5.
Representatives
of ICOMOS and ICCROM may assist the Scientific and Technical Advisory Body. 6.
The
Scientific and Technical Advisory Body shall appropriately assist the Meeting
of States Parties in all questions of a scientific or technical nature
regarding the implementation of the Annex. To that end, it shall perform
the following functions: (a)
to
develop Guidelines for the implementation of specific aspects of the Annex; (b)
to
prepare a technical report on any issue regarding the application of the
Annex; (c)
to
propose amendments to the Annex, for consideration and approval of the
Meeting of States Parties in accordance with Article 29. |
Scientific and Technical Committee (Chairman's
proposal) 1.
A
Scientific and Technical Committee (the Committee) for the protection and
management of the underwater cultural heritage is hereby established. 2.
The
States Parties to this Convention will establish a Scientific Committee
of 22 experts designated by the States Parties with due regard to equitable
geographical distribution. The members of the Committee shall be experts
in the protection and management of the underwater cultural heritage and
be elected for a four-year period by a meeting of States Parties. The term
of office of half of the experts designated at the first election shall
cease after two years. The names of the experts to retire after two years
shall be chosen by lot. 3.
Meetings
of the Committee shall be held annually or more often if two-thirds of
the Committee Members so request. 4.
The
Scientific and Technical Committee shall be assisted in its deliberations
by ICOMOS, ICCROM and other appropriate qualified bodies. |
1.
The Director-General of UNESCO shall be responsible for the functions
of the Secretariat for this Convention.
2.
The duties of the Secretariat shall include:
(a)
convening the Meeting of States Parties not less frequently than
once every two years and of special sessions at any time on the request
of two-thirds of the Parties;
(b)
assisting the States Parties in implementing the decisions of the
Meeting of States Parties;
(c)
convening the meetings of the Scientific Committee;
(d)
transmitting to the Scientific Committee all notifications received
by UNESCO in accordance with Articles 12 and 17(3).
1.
Any
dispute between two or more States Parties concerning the interpretation
or application of the present Convention should in the first instance be
subject to negotiations in good faith.
2.
If
those negotiations do not settle the dispute, it may be submitted to UNESCO
for mediation by agreement between the States Parties concerned.
3.
If
mediation is not undertaken or if there is no settlement by mediation,
the dispute may at the request of any of the parties, be submitted to arbitration:
(a)
Each
of the parties to the conflict will designate an arbitrator and these arbitrators
will name supplementary arbitrator(s) by mutual agreement with a view to
reaching an odd number of arbitrators;
(b)
If
one of the parties to the conflict fails to name an arbitrator within a
period of six months following the first naming of an arbitrator, the President
of the International Court of Justice will make a nomination. These arbitrators
will then appoint a supplementary arbitrator(s) or arbitrators. The decision
of this tribunal is definitive.
4.
If one of the parties fails to negotiate in good faith, resort is
not made to mediation or arbitration
or a party fails to comply with a decision by the arbitral tribunal, any
of the parties to the dispute may refer it to the International Court of
Justice.
Article 26 - Federal State clause
The following provisions shall apply to those States Parties to this Convention which have a federal or non-unitary constitutional system:
(a) with regard to the provisions of this Convention, the implementation of which comes under the legal jurisdiction of the federal or central legislative power, the obligations of the federal or central government shall be the same as for those States Parties which are not federal States;
(b) with regard to the provisions of this Convention, the implementation of which comes under the legal jurisdiction of individual constituent States, countries, provinces or cantons that are not obliged by the constitutional system of the federation to take legislative measures, the federal government shall inform the competent authorities of such States, countries, provinces or cantons of the said provisions, with its recommendation for their adoption.
1.
Member States of UNESCO, as well as Member States of the United
Nations or of any other specialized agencies within the United Nations
system, may become Parties to this Convention by depositing with the Director-General
of UNESCO an instrument of ratification, acceptance, approval or accession.
2. The Convention shall enter into force three months after the deposit of the tenth instrument referred to in paragraph 1, but solely with respect to the ten States that have so deposited their instruments. It shall enter into force for each other State three months after that State has deposited its instrument.
Article
28 (old 21) - Reservations
No reservations may be made to this Convention.
1. A State Party may, by written communication addressed to the Director-General of UNESCO, propose amendments to this Convention. The Director-General shall circulate such communication to all States Parties. If, within six months from the date of the circulation of the communication, not less than one half of the States Parties reply favourably to the request, the Director-General shall present such proposal to the Meeting of States Parties for adoption.
2. Amendments shall be adopted by a two thirds majority of States Parties present and voting.
3. Once adopted, amendments to this Convention shall be subject to ratification, acceptance, approval or accession by the States Parties, unless otherwise provided in the amendment itself.
4. Articles 27, 28 and 30 shall apply to all amendments to this Convention.
5. Amendments to this Convention shall enter into force for the States Parties accepting or acceding to them three months after the deposit of the instruments referred to in paragraph 3 by two thirds of the States Parties. Thereafter, for each other State Party it shall enter into force three months after the deposit of its instrument.
6.
A State which becomes a Party to this Convention after the entry
into force of amendments in accordance with paragraph 5
shall, failing an expression of different intention by that State:
(a)
be considered as a Party to this Convention as so amended; and
(b)
be considered as a Party to the unamended Convention in relation
to any State Party not bound by the amendment.
Article
30 (old 23) - Denunciation
1. A State Party may, by written notification addressed to the Director-General of UNESCO, denounce this Convention.
2. The denunciation shall take effect twelve months after the date of receipt of the notification, unless the notification specifies a later date.
3. The denunciation shall not in any way affect the duty of any State Party to fulfil any obligation embodied in this Convention to which it would be subject under international law independently of this Convention.
The Rules annexed to this Convention form an integral part of it, and, unless expressly provided otherwise, a reference to this Convention includes a reference to the Rules of the Annex.
This
Convention has been drawn up in Arabic, Chinese, English, French, Russian
and Spanish, the six texts being equally authoritative.
I.
General
principles
Rule
1.
The protection of underwater cultural heritage is best achieved
through in situ preservation, which shall
be considered as the first option. Accordingly, activities directed
at underwater cultural heritage shall be authorised in a manner consistent
with the protection of that heritage, and subject to that requirement may
be authorised for the purpose of making a significant contribution to protection
or knowledge or enhancement of underwater cultural heritage.
Rule
2.
Since
the commercial exploitation of underwater cultural heritage for trade or
speculation or its irretrievable dispersal is fundamentally incompatible
with the protection and proper management of the underwater cultural heritage,
underwater cultural heritage shall not be traded, sold, bought or bartered
as items of commercial value.
This
rule cannot be interpreted as prohibiting the provision of professional
archaeological services or services incidental thereto whose nature and
purpose are in full conformity with the Convention.
This
Rule cannot be interpreted as preventing the deposition of underwater cultural
heritage, recovered in the course of a research project in accordance with
the Convention, to a body or institution which sponsored the project, provided
such transfer does not prejudice the scientific or cultural interest or
integrity of the recovered material or result in its irretrievable dispersal,
and the body or institution is operated in accordance with internationally
recognized museum standards.
Rule
3.
Activities directed at underwater cultural heritage shall not adversely
affect underwater cultural heritage more than is necessary for the objectives
of the project.
Rule
4.
Activities directed at underwater cultural heritage must use non-destructive
techniques and prospection and sampling in preference to recovery of objects.
If excavation or recovery is necessary for the purpose of scientific
studies or for the ultimate protection of underwater cultural heritage,
the methods and techniques used must be as non-destructive as possible
and contribute to the preservation of the remains.
Rule
5.
Activities directed at underwater cultural heritage shall avoid the unnecessary
disturbance of human remains or venerated sites.
Rule
6.
Activities directed at underwater cultural heritage shall be strictly
regulated to ensure proper recording of historical, cultural and archaeological
information.
Rule
7.
Public access to activities relating to underwater cultural heritage and
to its archaeological context that are non?intrusive and are consistent
with its conservation shall , where practicable, be encouraged.
Rule
9.
Prior to any activity directed at underwater cultural heritage,
a project design for the activity shall be developed and submitted to the
competent authority for authorization and appropriate peer review.
Rule
10.
The project design shall include:
(a)
Evaluation of previous or preliminary studies;
(b)
project statement and objectives;
(c)
the methodology to be used and the techniques to be employed;
(d)
the anticipated funding;
(e)
an expected timetable for completion of the project;
(f)
composition, qualifications, responsibility and experience of the
team;
(g)
plans for post-fieldwork analysis and other activities;
(h)
a conservation programme for artefacts and the site in close cooperation
with the competent authority;
(i)
site management and maintenance policy for the whole duration of
the project;
(j)
a documentation programme;
(k)
a safety policy;
(l)
an environmental policy;
(m)
arrangements for collaboration with museums and other, in particular
scientific, institutions;
(n)
report preparation;
(o)
deposition of archives, including underwater cultural heritage removed;
and
(p)
a programme for publication.
Rule 11. Activities directed at underwater cultural heritage shall be carried out in accordance with the project design approved by the competent authority.
Rule
12.
Where unexpected discoveries are made or circumstances change, the
project design shall be reviewed and amended with the approval of the competent
authority.
Rule
13.
In the case of
a preliminary survey, activities directed at underwater cultural heritage
for a period of short duration may be authorized in the absence of a project
design.
Rule
14.
In cases of urgency or chance discoveries, activities directed at
the underwater cultural heritage including conservation measures or activities
for a period of short duration, including in particular site stabilization,
may be authorized in the absence of a project design in order to protect
underwater cultural heritage.
Rule
15.
The preliminary work referred to in Rule 10(a) shall include an
assessment that evaluates the significance and vulnerability of the underwater
cultural heritage and surrounding natural environment to damage by the
proposed project, and the potential to obtain data that would meet the
project’s objectives.
Rule 16. The assessment shall also encompass background studies of available historical and archaeological evidence, archaeological and environmental characteristics of the site, and the consequences of any potential intrusion for the long-term stability of the underwater cultural heritage affected by the activities.
Rule
17.
The methodology shall comply with the project’s objectives and the
techniques employed shall be as non-intrusive as possible.
Rule 18.
Except in cases of emergency to protect underwater cultural heritage,
an adequate funding base shall be assured in advance of any activity sufficient
to complete all stages of the project design, including conservation, documentation
and curation of recovered artefacts, and report preparation and dissemination.
Rule
19.
The project design
shall exhibit demonstrated ability (such as securing a bond) to fund the
project through to completion.
Rule
20.
The project design shall include contingency plans that will ensure
conservation of underwater cultural heritage and supporting documentation
in the event of any interruption of anticipated funding.
Rul