(2004/C 78 E/0277)

WRITTEN QUESTION E-3385/03

by Karin Junker (PSE) to the Commission

(17 November 2003)

Subject:   Use of metal detectors in archaeology

The use of metal detectors in the field of archaeology, controversial among experts, is subject to different rules in the various EU Member States. With the entry of a further 10 countries in May 2004, the differences will be even greater. In some Member States, it is already an offence to possess some kinds of metal probes, while in others it is not, leading to differing legal situations in the individual Member States.

What are the various rules in the Member States? Does a Community legal basis exist in this area? If not, does the Commission feel it necessary, bearing in mind the subsidiarity principle, to assess the situation with the aim of harmonising the rules in the Member States by means of European rules? If not, why not?

Answer given by Mrs Reding on behalf of the Commission

(22 December 2003)

The Commission has no competence regarding the use of metal-detectors in the field of archaeology. In order to obtain information on the use of these devices in the various Member States, the Honourable Member should therefore contact the competent national authorities directly.

At Community level, the EC Treaty does not provide any legal basis for the adoption of rules on the use of metal-detectors in the field of archaeology.

The Commission therefore does not intend to consider and/or propose any provisions at European level to regulate this field of activity.

Article 151 of the EC Treaty empowers the Community to encourage cooperation between Member States in the field of culture but specifically rules out ‘any harmonisation of the laws and regulations of the Member States’.