Resolução da Assembleia da República n.º 51/2006, de 18 de Julho de 2006
n.o 51/2006, em 20 de Abril de 2006.
Artigo 2.o
No momento do depósito do instrumento de ratificaçáo, Portugal declarará que, ao abrigo do n.o 2 do artigo 9.o da Convençáo sobre a Protecçáo do Património Cultural Subaquático, a forma pela qual seráo transmitidas as informaçóes previstas na alínea b) do n.o 1 do mesmo artigo é estipulada na subalínea ii).
Assinado em 6 de Julho de 2006.
Publique-se.
O Presidente da República, ANÍBAL CAVACO SILVA.
Referendado em 10 de Julho de 2006.
O Primeiro-Ministro, José Sócrates Carvalho Pinto de Sousa.
ASSEMBLEIA DA REPÚBLICA
Resoluçáo da Assembleia da República n.o 51/2006
Aprova, para ratificaçáo, a Convençáo sobre a Protecçáo do Património Cultural Subaquático, aprovada na XXXI Sessáo da Conferência Geral da UNESCO, que teve lugar em Paris em 2 de Novembro de 2001.
A Assembleia da República resolve, nos termos da alínea i) do artigo 161.o e do n.o 5 do artigo 166.o da Constituiçáo, o seguinte:
Artigo 1.o
Aprovar, para ratificaçáo, a Convençáo sobre a Protecçáo do Património Cultural Subaquático, aprovada na XXXI Sessáo da Conferência Geral da UNESCO, que teve lugar em Paris em 2 de Novembro de 2001, cujo texto, em versáo autenticada em inglês e respectiva traduçáo em língua portuguesa, se publica em anexo.
Artigo 2.o
No momento do depósito do instrumento de ratificaçáo, Portugal declarará que, ao abrigo do n.o 2 do artigo 9.o da Convençáo sobre a Protecçáo do Património Cultural Subaquático, a forma pela qual seráo transmitidas as informaçóes previstas na alínea b) do n.o 1 do mesmo artigo é a estipulada na subalínea ii).
Aprovada em 20 de Abril de 2006.
O Presidente da Assembleia da República, Jaime Gama.
CONVENTION ON THE PROTECTION OF THE UNDERWATER CULTURAL HERITAGE
The General Conference of the United Nations Educational, Scientific and Cultural Organization, meeting in Paris from 15 October to 3 November 2001, at its 31st session:
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;
Realizing the importance of protecting and preserving the underwater cultural heritage and that responsibility therefore rests with all States;
Noting growing public interest in and public appreciation of underwater cultural heritage;
Convinced of the importance of research, information and education to the protection and preservation of underwater cultural heritage;
Convinced of the public's right to enjoy the educational and recreational benefits of responsible non-intrusive access to in situ underwater cultural heritage, and of the value of public education to contribute to awareness, appreciation and protection of that heritage;
Aware of the fact that underwater cultural heritage is threatened by unauthorized activities directed at it, and of the need for stronger measures to prevent such activities;
Conscious of the need to respond appropriately to the possible negative impact on underwater cultural heritage of legitimate activities that may incidentally affect it;
Deeply concerned by the increasing commercial exploitation of underwater cultural heritage, and in particular by certain activities aimed at the sale, acquisition or barter of underwater cultural heritage;
Aware of the availability of advanced technology that enhances discovery of and access to underwater cultural heritage;
Believing that cooperation among States, international organizations, scientific institutions, professional organizations, archaeologists, divers, other interested parties and the public at large is essential for the protection of underwater cultural heritage;
Considering that survey, excavation and protection of underwater cultural heritage necessitate the availability and 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 indicate a need for uniform governing criteria;
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 for the Protection of the World
4952 Cultural and Natural Heritage, of 16 November 1972, and the United Nations Convention on the Law of the
Sea, of 10 December 1982;
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 recovery of underwater cultural heritage;
Having decided at its 29th session that this question should be made the subject of an international convention;
adopts this second day of November 2001 this Convention:
Article 1
Definitions
For the purposes of this Convention: 1- a) «Underwater cultural heritage» means all traces of human existence having a cultural, historical or archaeological character which have been partially or totally under water, periodically or continuously, for at least 100 years such as:
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Sites, structures, buildings, artefacts and human remains, together with their archaeological and natural context;
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.
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Pipelines and cables placed on the seabed shall not be considered as underwater cultural heritage. c) Installations other than pipelines and cables, placed on the seabed and still in use, shall not be considered as underwater cultural heritage.
2- a) «States Parties» means States which have consented to be bound by this Convention and for which this Convention is in force. b) This Convention applies mutatis mutandis to those territories referred to in article 26, paragraph 2, b), which become Parties to this Convention in accordance with the conditions set out in that paragraph, and to that extent «States Parties» refers to those territories.
3 - «UNESCO» means the United Nations Educational, Scientific and Cultural Organization.
4 - «Director-General» means the Director-General of UNESCO.
5 - «Area» means the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction.
6 - «Activities directed at underwater cultural heritage» means activities having underwater cultural heritage as their primary object and which may, directly or indirectly, physically disturb or otherwise damage underwater cultural heritage.
7 - «Activities incidentally affecting underwater cultural heritage» means activities which, despite not having underwater cultural heritage as their primary object or one of their objects, may physically disturb or otherwise damage underwater cultural heritage.
8 - «State vessels and aircraft» means warships, and other vessels or aircraft that were owned or operated by a State and used, at the time of sinking, only for government non-commercial purposes, that are identified as such and that meet the definition of underwater cultural heritage.
9 - «Rules» means the rules concerning activities directed at underwater cultural heritage, as referred to in article 33 of this Convention.
Article 2
Objectives and general principles
1 - This Convention aims to ensure and strengthen the protection of underwater cultural heritage.
2 - States Parties shall cooperate in the protection of underwater cultural heritage.
3 - States Parties shall preserve underwater cultural heritage for the benefit of humanity in conformity with the provisions of this Convention.
4 - States Parties shall, individually or jointly as appropriate, take all appropriate measures in conformity with this Convention and with international law 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.
5 - The preservation in situ of underwater cultural heritage shall be considered as the first option before allowing or engaging in any activities directed at this heritage.
6 - Recovered underwater cultural heritage shall be deposited, conserved and managed in a manner that ensures its long-term preservation.
7 - Underwater cultural heritage shall not be commercially exploited.
8 - Consistent with State practice and international law, including the United Nations Convention on the Law of the Sea, nothing in this Convention shall be interpreted as modifying the rules of international law and State practice pertaining to sovereign immunities, nor any State's rights with respect to its State vessels and aircraft.
9 - States Parties shall ensure that proper respect is given to all human remains located in maritime waters.
10 - Responsible non-intrusive access to observe or document in situ underwater cultural heritage shall be encouraged to create public awareness, appreciation, and protection of the heritage except where such access is incompatible with its protection and management.
11 - 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.
Article 3
Relationship between this Convention and the United Nations Convention on the Law of the Sea
Nothing in this Convention shall prejudice the rights, jurisdiction and duties of States under international law, including the United Nations Convention on the Law of the Sea.
This Convention shall be interpreted and applied in the context of and in a manner consistent with international law, including the United Nations Convention on the Law of the Sea.
Article 4
Relationship to law of salvage and law of finds
Any...
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