Публикувам питането до французите и техния отговор.
Hi Seb,
In relation to the the new law, I have the following questions:
1. What is the legal definition of "archaeological artefact" in the new law?
Here's the problem that the law should be read very careful by an experienced lawyer. Probably have a specificities / details / in legal definitions and terminology in the law, as I hope the situation is not so bad.
2. The new law will there be a financial reward by accidental finding of archaeological artefact? If so - how is it calculated?
3. However, the new law does not prohibit all search with metal detectors outside the archaeological sites?
Greetings from Bulgaria!
Hi Mila !
1 / The problem is the following : there is no legal definition in France to describe what is clearly an " archaeological artefact ".
The legislator, when writing the L542-1 article, ( which is not changed in new heritage code ) let place to doubt by this sentence " .... monuments or items that MAY interest pre-history, history, art or archaeology. "
So, if archeologists saw something and decide it could be interesting, even you presumed it was not, there could be a trial for you because you needed a specific authorization.
That exactly happened in this case Igor already talked about :
www.lunion.fr/751890/article/201 ... s-de-reims
The detectorist was probably not aware about french laws.
Perhaps he had landowner's authorization, i don't know.
But he didn't declare this coin... and archaeologist, when seeing it on internet, said that coin is unique! ( and that's true ).
Trial is scheduled for October 10th.
So that's why, in doubt, FNUDEM still repeats to declare EVERYTHING.
2 / As far as i know, there won't be a financial reward by accidental finding for fields or lands which had changed hands since July 7th, with the new law. Even if you find something in your garden without any metal detector.
For other fields or lands, there were financial rewards possibilities. And if landowner thinks the amount of the offer is not sufficient, he can call for an expert and re-negociate during a judgement.
3 / Outside the archaeological sites, the law is still the same.
www.legifrance.gouv.fr/affichCo ... 0006845775
Article L542-1
Nul ne peut utiliser du matériel permettant la détection d'objets métalliques, à l'effet de recherches de monuments et d'objets pouvant intéresser la préhistoire, l'histoire, l'art ou l'archéologie, sans avoir, au préalable, obtenu une autorisation administrative délivrée en fonction de la qualification du demandeur ainsi que de la nature et des modalités de la recherche.
Nobody can use equipment allowing the detection of metallic objects, in the effect of searches for monuments and for objects WHICH MAY interest the prehistory, the history, the art or the archaeology, without having obtained, beforehand, an administrative authorization delivered according to the qualification of the applicant as well as the nature and modalities of the search.
So it's pretty like in IRELAND. You are only able to detect in order to search for lost objects,( agricultural objects, lost parts of agricultural machinery... ) lost jewels, family properties etc ...
Seb