BULGARIAN NATIONAL METAL DETECTING FEDERATION
5500 Lovech, 33 Tsar Osvoboditel Str., tel. +359898584502
Our Ref. №.........../........2010
To
Mr. Vezhdi Rashidov
Minister of Culture
Of Republic of Bulgaria
17 Al. Stamboliyski Str.,
Sofia 1040
To
Chairwoman
Of Culture Committee
Of National Assembly of Republic of Bulgaria
Mrs. Daniela Petrova
To
Members of
Culture, Civil Society and Media Committee at
41st National Assembly of Republic of Bulgaria
2 Narodno Sabranie Sq.
1169 Sofia
STATEMENT
OF BULGARIAN NATIONAL METAL DETECTING FEDERATION
CONCERNING THE CULTURAL HERITAGE ACT
Approved at a Meeting of the Managing Committee on 7.01.2010
Dear Mr. Rashidov,
Dear Mrs. Petrova,
Dear Madams and Sirs, Members of Parliament,
In 2006, the Parliamentary Culture Committee at the General Assembly
and Mrs. Nina Chilova assigned a Legislative Research on the topic: “Protection,
Storage and Popularization of the Cultural and Historical Heritage - (CHH)”. The
research was assigned in regard with the improvement of the legislative acts
related to the CHH of Republic of Bulgaria. The legislation of some EU memberstates and USA was researched. The purpose of the research was the former
Culture Committee to get acquainted with legislative solutions, adopted in the
countries researched. The bad impression left from this research is that its main
performers and its presentation before the Committee was made by a group of
female students having unknown knowledge and experience in this sophisticated
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field, in regard with which even experienced specialists find it difficult to give
unambiguous and definite conclusions. Omissions were made concerning
important facts of the regulations in the field of CHH of countries with successful
experience of world renown. An example for such a serious omission in the
research is the lack of any information about the most successful project in the
world focused on finding artifacts by people, exercising their hobby of metaldetecting outside the archeological sites officially announced and protected by
law. British Government and British Museum created the project in 1997 in
England and Wales. It is called Portable Antiquities Program and its Founder and
Head is Roger Bland – former Curator in the Coins and Medals Department at
Ministry of Culture, Honorary Lecturer in the Institute of Archeology in London,
Associate at the Society of Antiquaries and the Royal Numismatic Society. In
fact, by this project the museums can obtain valuable finds, which would
otherwise remain undiscovered or would go to the black market of antiques. This
program offers to the owners of metal-detectors the possibility to inform
authorized experts about objects found by them, and consequently the British
museums have the pleasure to buy the most valuable finds. Finds of no interest
for the museums and the country are returned to the seekers and to the owners of
the land, where they have been found, and thus a legal market for artifacts of low
scientific and art value is formed, and also of coins minted in huge emissions and
having no quality and of no uniqueness. Thanks to this program only in 2007
over 58 000 (!!!) finds were declared. The project becomes applicable due to the
Act on the Treasures and Their Designation as adopted by the British Parliament,
also the Code of Good Practices in working with metal-detectors in England and
Wales, the by-laws like the lists of protected buildings, territories, historical and
archeological monuments, etc.
There are statements by politicians available in the shorthand reports of the
English Parliament who call the project “exceptionally successful and unique”
not only because of the cultural riches themselves, but also for the successful
engagement of the society to protect the cultural and historical heritage. The
politicians underline, that they shall continue financing the project in the future,
because it is a remarkable achievement, in which museum workers and owners of
metal detectors successfully cooperate. Yet in its beginning in 1997 the scheme
appeared to be a great success in the coping with the anarchy till then by the
authorities, because the control on the illegal traffic of antiques, the black market
and illegal trade has strengthen through it. It is being financed by the British
Government and through a specially created fund, in which donations and lottery
deductions are being collected. The project has online database in internet which
is the biggest of its kind in the world. Each year the base is being increased with
more than 50 000 sites. Nowadays people thirsts to participate in archeology and
the British Government considers this thirst very positive power in the society
and as one having countless benefits. Besides, they think than anyone has the
right by birth to participate in some way in the discovering of the history of his
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own home country; that there is no sense to restrict the society in its desire to
participate in the investigating of the history of its homeland. The Government
and the archeologists have adopted the philosophy of mutual support and try to
find exiting ways more and more people to participate in the training and taking
care of the archeology outside the archeological sites, officially announced and
protected in the country.
Some facts are incorrectly used and some others are hidden in the research
of the Culture Committee dated 2006. We are hearing all the time that Bulgaria
holds the third place after Italy and Greece concerning archeological wealth
which is definitely not true and it can be seen both on the basis of UNESCO’s
classification and the low interest of the public in Bulgaria in the museums and
the low attendance at such. Concerning the situation of the countries of the socalled Mediterranean Area – Italy, Turkey, Greece and Cyprus: an international
conference on the topic “Illegal Antiques: Destruction of Archeological Heritage
in the World” took place in Cambridge in 1999. The following data were reported
at the conference: 1. 120 000 antique articles were confiscated in Italy in the last
five years and 100 000 tombs had been devastated. 2. In Turkey – over 560 men
with 10 000 antique articles were arrested for 1 year. 3. In Cyprus – 60 000
antique articles have been stolen since 1974. The Italian experience shows that
there is organized crime related to illegal trade. The same is valid for Greece two countries of rich history, with restrictive, but inefficient laws on the Cultural
and Historical Heritage.
Except for the foreign experience, not properly analyzed by the Culture
Committee at the National Assembly, our own experience to create a Cultural
Heritage Act appeared to be a compilation of definitions and measures that are
mutually incompatible. We would like to underline the following unconstitutional
texts of the Cultural Heritage Act: the Constitution of the Republic of Bulgaria
stipulates that only the archeological reserves from the cultural heritage as
provided by law shall be exclusive state ownership. The rest of the archeological
sites (movable and immovable), which are outside the territory of the
archeological reserves, are not exclusive state ownership. Besides, art.18, par.4 of
the Constitution stipulates that state monopoly established may be only by law in
the explicitly listed fields – railway transport, national post and
telecommunication network, nuclear energy use, production of radioactive
products, arms, explosives and substances of strong biological effect. There is no
doubt that the archeological sites are outside the applicable field.
The purpose of Bulgarian National Federation of Metal-Detecting
Association is to popularize the hobby of metal-detecting which also includes
information campaigns of our members concerning the laws of the country,
concerning their rights and obligations. As written in the Statutes of the
Association, its members distinguish themselves from the persons making
archeological excavations at archeological sites and other immovable cultural
monuments announced without having the required licenses. But, practicing their
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hobby and looking for metal objects outside the archeological sites, undoubtedly
anyone can find artifacts, which probably have scientific and art value and which
can be included in the Bulgarian archeological wealth. Obeying the laws of the
country, each member is obliged to deliver the object found to the nearest
museum, and pursuant to art.95 (1) of the Cultural Heritage Act a remuneration is
due to the person who has delivered the article. The amount of the remuneration
is defined according to the significance of the article and the contribution of the
person to keep it as provided in an Ordinance by the Minister of Culture. There is
no Ordinance based on the Cultural Heritage Act dated 2009 yet. Now valid is
Ordinance No.2 on Determination of Remunerations and Value of Movable
Cultural Monuments Delivered to Museums, which is issued on the grounds of
art.14 of the Act on Cultural Monuments and Museums dated 1999.
►We suggest while preparing the new Ordinance on the remunerations,
the Minister of Culture and the Culture Committee at the National Assembly to
examine the issue concerning the objects found which are of no interest to the
museums. We have in mind objects accidentally found at private properties,
beaches and outside the archeological sites and which no museum in Bulgaria
wishes to acquire due to their low scientific and art value, and also coins, even
antique ones, but minted in huge emissions and of low or not containing gold and
silver.
►We suggest a document to be issued to the discoverer of such objects of
no interest to the museums in the country which to give a status of an antique
object or a coin of low scientific and art value and which consequently to be able
to be an object of purchase-sale in auctions organized and at antiquarian markets
within the country.
►We suggest the question about the market of cultural valuables and the
auctions to be clarified and clear rules to be determined, because if we deny that
there is such a market and we don’t disclose it, that doesn’t mean it doesn’t exist.
On the contrary, it continues working, and these are preconditions to establish
unlawful and illegal trade, and also contraband channels for antique articles
export.
►We suggest the Ministry of Culture and the Culture Committee at the
National Assembly to publish at the internet site of the Ministry all immovable
cultural monuments of local significance with their exact boundaries as the
monuments of national significance are in order to avoid their intentional or
unintentional damage.
►We suggest the Ministry of Culture and the Culture Committee at the
National Assembly to examine the status of the people with metal-detectors, but
not like up to now – as potential, even real criminals, but as citizens, who want to
contribute to the development, popularization and protection of the cultural
heritage through their hobby.
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►We suggest a special fund to be established for the repurchase of cultural
valuables and every citizen using a metal-detector as a hobby to pay an annual
license fee to the state and this money to go to the fund.
►We insist members of the Bulgarian National Federation of MetalDetecting to be invited in future discussions of the Cultural Heritage Act, because
now we are an injured party in regard with this problem, and our position of
conscientious citizens of the country, who exercise their hobby in accordance
with the Statues of the Association and the laws of Republic of Bulgaria, has not
been taken into consideration up to now.
11.01.2010
Best regards,
Iliya Iliev
Chairman of Managing Committee of Bulgarian National Metal Detecting
Federation
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