Ordonanta pentru protejarea patrimoniului arheologic

Art. 1. The present ordinance regulates the protection of the archaeological heritage by defining the general legal status of the archaeological finds and the archaeological research.

a) the general legal status of the archaeological finds and the archaeological research signifies the set of scientific, legal, managing, financial-fiscal, and technical measures meant to ensure the survey, identification, uncovering, recording, conservation, preservation and restoration, safeguarding, maintenance, and presentation of archaeological assets, as well as of the lands where they can be found, with a view to having them researched versus classified as movable cultural properties or as historic monuments;

b) archaeological heritage signifies the assemblage of archaeological assets made up of:

i. i. the archaeological sites classified in the List comprising the over ground, underground or underwater historic monuments containing archaeological vestiges, such as: structures, constructions, groups of buildings, as well as the lands with located archaeological potential, declared according to the law;

ii. ii. the movable assets, objects or traces of human activities, together with the lands where they were uncovered;

c) archaeological research signifies the set of scientific and technical measures meant to ensure the survey, identification, uncovering by archaeological excavations, investigation, collecting, registering, and scientific presentation, including the publication, of the archaeological heritage.

The archaeological research should be conducted under the provisions of the present ordinance by the specialized personnel attested and registered in "The Register of Archaeologists"

The assessment of the results of the archaeological research is the basis for establishing the legal status of the protection of archaeological finds, or, where applicable, for the discharge of archaeological burden of the area;

c¹) systematic archaeological researches signify long extensive researches performed according to a multiannual research project;

c²) rescue archaeological researches signify the archaeological researches conducted in the areas bearing known researched archaeological heritage, as well as those made necessary by partial or total historic monuments restoration works, conducted according to the current legislation regarding historic monuments protection;

c³) preventive archaeological researches signify archaeological researches made necessary by building, changing, extension or repair works regarding communication ways, technical construction endowment, including underground and underwater ones, excavations, quarry works, highway networks construction, land works, telecommunications networks, relays and telecommunication aerials setting, ground research and prospecting works – drilling and excavations -, needed for performing geotechnical studies, gas and oil wells and pits mounting, as well as works damaging the soil in the areas bearing located archaeological heritage, irrespective of whether they are performed inside or outside localities and irrespective of the form of property.

d) archaeological find signifies the uncovering, through an archaeological excavation, of vestiges, objects, and traces of human activities constituting evidence of vanished times and lost civilizations;

e) chance archaeological find signifies the uncovering of archaeological heritage assets as a result of the action of natural phenomena or human activities, others than the archaeological research.

f) area of known and researched archaeological heritage signifies the land where as a result of archaeological research, assets belonging to the category stipulated at art. 2 letter b were found;

g) archaeological site declared area of national interest signifies the area of priority archaeological interest established over the territory of the territorial administrative unit comprising those archaeological sites whose scientific research, protection and presentation is of exceptional importance for the national history and culture by the material evidence, movable or immovable assets, that are part of or proposed for belonging to the category of "Treasure of movable national cultural heritage" or, respectively, are part of or proposed for being included in the category of historic monuments on the world heritage List.

The areas of priority archaeological heritage are established by law, on the basis of relevant scientific research and according to the specific town planning documentation or, where applicable, the territory organization one.

At the date when the present ordinance comes into force the area of priority archaeological interest are those listed in the annex that is part of the present ordinance;

h) area of located archaeological heritage signifies the land delimited according to the law, where archaeological researches are to be conducted on the basis of the information or scientific studies attesting the underground or underwater existence of archaeological heritage assets, likely to belong to the national cultural heritage.

Until the conclusion of the archaeological research, the taking of adequate protection measures, and the presentation of the archaeological finds, the archaeological or historic sites protection areas established according to the law are at the same time areas of located archaeological potential;

i) area of archaeological potential uncovered by chance signifies the land delimited according to the law, where the existence of archaeological heritage assets are uncovered by chance, as a result of:

i. i. human activities, others than the archaeological research, such as: construction works, geological survey works, including remote detection, agricultural works, as well as other underground or underwater researches;

ii. i. human activities, others than the archaeological research, such as: construction works, geological survey works, including remote detection, agricultural works, as well as other underground or underwater researches;

and which case it is necessary to conduct an archaeological research with a view to recording them and using them scientifically.

The area of archaeological heritage uncovered by chance is delimited around the place of chance archaeological find, over the entire land ensuring the protection necessary for the archaeological research.

2)The preventive and rescue archaeological researches are part of the sustainable development strategies, economic and social, tourist, urban and town planning development, on a national and local level.

Art. 3. (1) The state guarantees and ensures the protection of the archaeological heritage under the conditions laid down by the present ordinance.

(2) The Ministry of Culture and Religious Affairs has the authority of the relevant central public administration in charge of elaborating the research strategies and specific norms with a view to protecting the archaeological heritage, and of monitoring their application.

(3) The relevant central public administration authorities, the subordinated relevant institutions and the local public administration authorities collaborate and give account, according to the law, of the protection of the archaeological heritage.

Art. 4. (1) The archaeological heritage assets can belong to the national cultural heritage, and can be classified and protected as movable national cultural heritage properties or as historic monuments, according to the law.

(2) The discoveries of archaeological vestiges or movable assets belonging to the movable national cultural heritage category, realized as a result of archaeological researches, are notified to the holder of the research authorization from the decentralized public services of the Ministry of Culture and Religious Affairs, in accordance with the archaeological excavations Regulations.

(3) The finder or the owner/manager of the land where the chance archaeological find occurred is obliged to notify the occurrence to the town mayor, 72 hours from the uncovering.

Art. 5. (1) The protection of the archaeological heritage assets and lands in the areas defined at art. 2 letters h) and i) signifies taking those scientific, managing and technical measures likely to preserve the vestiges uncovered by chance or as a result of archaeological research until the classifying of those assets or until the conclusion of the archaeological research, by establishing obligations for the owners, managers, or holders of other real rights over the lands that hold or held those archaeological heritage assets, as well as by controlling or forbidding human activities, including those previously authorized.

(2) The discharge of archaeological burden of an area is certified by the archaeological burden discharge Certificate, representing the official paper, issued under the conditions of the present ordinance that annuls the protection set of rules previously laid down.

(3) In the case of the areas of known and researched archaeological potential, the protection policies are laid down by the legislation in force regarding the protection of historic monuments and movable assets belonging to the national cultural heritage.

(3¹) The archaeological burden discharge Certificate is issued by the Ministry of Culture and Religious Affairs, following consulting from the National Archaeology Commission.

(3²) By derogation of the (3¹) provisions, in case of preventive archaeological researches made necessary by private homes constructions, the archaeological burden discharge Certificate is issued by the disbanded services of the Ministry of Culture and Religious Affairs, that have the obligation to inform the specialized division of the Ministry of Culture and Religious Affairs.

(4) The areas of located archaeological heritage, delimited and established according to the law, benefit from the protection ensured to the protected areas, as well as from the specific protection measures laid down in the present ordinance.

(5) In the case of the areas of archaeological heritage uncovered by chance, inside the delimitation stipulated in art. 2, letter i) are introduced, from the time of the uncovering of archaeological assets, in order to study and research the protection regulations, on a temporary basis, over a period no longer than 12 months, the protection policies for the archaeological assets and archaeological potential areas.

(6) The archaeological researches can be conducted provided there is an authorization issued by the Ministry of Culture and Religious Affairs, in accordance with it, under the conditions of the present ordinance.

(6¹) The physical and juridical persons holding and/or trading metal detectors are obliged to obtain first the authorization of the police inspectorate of the county in question, of the General Police Division of the city of Bucharest, on whose territory they live or, if the case, are located, in order to be registered by these authorities.

(6²) The provisions of (6¹) do not apply to the units and divisions of the Ministry of National Defense, the Ministry of the Administration and Internal Affairs, the Romanian Information Service , the Protection and Guard Service.

(6³) The skilled personnel attested and inscribed in the archaeologists’ Registry intending to possess metal detectors are obliged to obtain the preliminary approval issued by the Ministry of Culture and Religious Affairs before obtaining the authorization specified at item (6¹).

(7) The use of metal detectors in archaeological sites, in the areas of priority archaeological interest and in the areas of located archaeological heritage, is allowed only on the basis of an authorization already issued by the Ministry of Culture and Religious Affairs.

(8) Until the discharge of archaeological burden the land under research is protected as archaeological site, according to the law.

(9) The construction or removal works performed in the areas of located archaeological heritage are authorized only on the basis of and in accordance with the authorization from the Ministry of Culture and Religious Affairs.

(10) In the case of areas of archaeological heritage uncovered by chance, under the regulations of item (5), until the discharge of archaeological burden, the building permit is cancelled, or, where applicable, the town mayor orders the interruption of all activity, in accordance with the authorization from the decentralized public services of the Ministry of Culture and Religious Affairs and the archaeological surveillance and excavation regulations come into force.

Art. 6. - In the case of works specified at art. 2, c³), the physical and juridical persons, under public or private law, as well as the main credit managers of the authorities or public institutions have the obligation to finance:

a) the laying down, through the investment feasibility study and the technical project, of the measures that are to be detailed in the technical project, and of the necessary funds for the preventive and rescue research, where applicable, for archaeological heritage protection, or, where applicable, of the discharge of archaeological burden in the area damaged by works, as well as the implementation of these measures;

b) the archaeological surveillance, over the entire working period, aiming at protecting the archaeological heritage and chance archaeological finds;

Art. 7. (1) The National Office for Cadastre, Survey and Mapping, the subordinated offices, and, where applicable, the offices for agricultural cadastre and the agricultural land organization have the obligation of including the areas of located archaeological heritage, on the basis of a list comprising the located archaeological heritage areas, in the cadastre plans and topographical maps.

(2) The areas of located archaeological heritage are included in the relevant cadastre of the natural and artificial protected areas.

(2) The land owners or managers, private physical or juridical persons, have the right to compensations for the unachieved agricultural incomes from the archaeological excavation lands, and for the time the excavations are being conducted, under the quotas and conditions laid down in the Government methodology.

(3) The compensations for the unachieved agricultural incomes are paid to the entitled person by the financer of the archaeological excavation within 60 days from the date when the archaeological research was initiated..

(4) Bringing the land back to its previous state is the duty of the financer of the archaeological research.

Art. 9. The owners of agricultural lands are exempted from paying the agricultural land tax for the archaeological research surfaces over the entire excavating time.

Art. 10. Concerning the protection of the archaeological heritage, the Ministry of Culture and Religious Affairs, directly or through its subordinated institutions, fulfils the following tasks:

a) ensuring the implementation of the national strategy, elaborating the specific norms and methodologies, and controlling the meeting of the legal provisions in the field;

b) ensuring the fulfillment of the obligations agreed under the international conventions on the protection of the archaeological heritage joined by Romania;

c) representing the state in its relations with the owners of the real estate, lands or constructions in the archaeological heritage areas or in those where archaeological finds were uncovered;

d) issuing the archaeological excavation authorization,, by the specialized division, or following consulting from the National Archaeology Commission;

f¹) elaborating the planning, execution and control methodology regarding the preventive and rescue excavations that are approved by order of the minister of culture and religious affairs;

i) financing or cofinancing, together with the public authorities and institutions, the interested private physical or juridical persons, researching the archaeological heritage;

j) ensuring the annual editing and publishing, by the National Archaeology Commission, of the Archaeological Researches Chronicle, as well as other relevant publications;

k) organizing and financing, on an annual basis, the national session of archaeological reports.

Art. 11. The decentralized public services of the Ministry of Culture and Religious Affairs perform, in the field of the protection of the archaeological heritage, the following tasks:

a) supervising the archaeological excavations conducted in the territorial administrative unit, while overseeing the observance of the authorization issued by the Ministry of Culture and Religious Affairs;

b) authorizing, on the basis of relevant reports, the works that are to be conducted in the areas of located archaeological heritage;

c) accounting for the scientific control of the works during which chance archaeological finds were uncovered, starting, where applicable, the classifying procedures stipulated by the law;

d) issuing the archaeological burden discharge Certificate, in the case of preventive archaeological researches made necessary by the private homes construction, according to the provisions of this ordinance;

e) informing the police and gendarmerie on each chance find, as defined in the present ordinance, in order to organize the watching and/or surveillance of the area in question.

Art. 12. (1) The National Archaeology Commission is reorganized, as a specialized scientific body, with no legal status, having consultancy role in the field of archaeological heritage, under the Ministry of Culture and Religious Affairs. The National Archaeology Commission is run by the scientific authority of the Romanian Academy.

(2) The National Archaeology Commission is made up of specialists in the field, working with archaeology institutions, museums, as well as with other institutions.

(3) The National Archaeology Commission works out the strategies, authorizes the national research programmes, the methodologies, standards and technical and scientific provisions in the field of archaeological research.

(4) The National Archaeology Commission has 21 members and functions according to its organization and operation regulations, approved by order of the minister of culture and religious affairs.

(5) The Ministry of Culture and Religious Affairs ensures that the National Archaeology Commission functions.

(6) The head of the relevant department in the Ministry of Culture and Religious Affairs is entitled to be secretary of the National Archaeology Commission.

Art. 13. (1) The membership of the National Archaeology Commission is approved by order of the culture minister, out of the specialists in the field, proposed in accordance with the provisions of the present article. The members of the National Archaeology Commission are appointed for a three year term in office that can be renewed only once, consecutively.

c) the universities and relevant research institutions in the field of national education;

e) the museums and professional associations in the field, according to the methodology laid down by order of the culture minister;

(3) The recommendations of the National Archaeology Commission will be implemented starting with the second term in office from the date of the reorganization.

(4) The President of the National Archaeology Commission is nominated to the culture minister by its members by secret vote, and he is appointed for a five year term in office from the date of his election.

(5) The culture minister approves by written order the nomination of the National Archaeology Commission regarding its president or he can reject it, on reasonable grounds, only once. If two thirds of the votes of the members of the National Archaeology Commission reiterate the initial nomination, the minister of culture and religious affairs has the obligation to approve it by order. If the number of votes is under two thirds, the minister of culture and religious requires from the National Archaeology Commission a new nomination.

c) authorizing the norms and methodology in the field of archaeological research;

e) analyzing the applications for the issue of the archaeological excavations authorizations irrespective of their financing source;

g) authorizing the criteria for attesting the specialists and experts in the field of archaeological research, inscribed in the Archaeologists’ Registry;

h) authorizing the town planning and territorial organization documentation comprising archaeological sites or areas of located archaeological heritage;

i) authorizing the grounding studies aiming at defining, establishing and delimitating the protected heritage areas comprising archaeological heritage;

j) laying down the priorities of archaeological research with a view to establishing the necessary funds that are to be allotted to this end from the state budget, through the budget of the Ministry of Culture and Religious Affairs, and authorizing the financing priorities from the funds approved by the Ministry of Culture and Religious Affairs through the state budget;

k) proposing to the Ministry of Culture and Religious Affairs the acquisition of lands holding archaeological heritage assets;

m) authorizing the personnel training programmes, and the archaeological research specializing plans;

o) authorizing the plan of archaeological research conducted by the Romanian archaeological envoys to other states, as well as the collaboration protocols with foreign partners regarding archaeological research in Romania;

Art. 15.
(1) The National Archaeological Repertoire is set up, being managed by the Ministry of Culture and Religious Affairs, according to the regulations approved by order of the culture minister within 60 days from the coming into force of the present ordinance;

(2) The National Archaeological Repertoire comprises images, mapping, topographical and scientific data, as well as any other information concerning:

a) areas of known and researched archaeological potential, the areas of unresearched known archaeological heritage, and, the areas whose archaeological potential heritage becomes known by chance or following preventive or rescue archaeological researches;

b) the historic monuments, assemblages and sites where archaeological researches were conducted or are being conducted;

c) record data of movable assets uncovered in historic areas or at historic monuments stipulated at letters a) and b).

Art. 16.
The monuments, assemblages and archaeological sites are listed in the National Archaeological Repertoire in two groups, A and B, corresponding to the group where they were classified in the historic monuments List.

Art. 17. - In order to protect the archaeological heritage and to observe the legal provisions in this field, the local public administration authorities have the following tasks:

a) cooperating with public bodies and institutions with responsibilities for the protection of the archaeological heritage with a view to applying and controlling the observance of their decisions;

b) ensuring the protection of the archaeological heritage and chance archaeological finds in the public and private domains of the territorial administrative units in question, by allotting the necessary funds;

c) collaborating with public and private physical and juridical persons in order to finance the research and turn to good account of the archaeological finds;

d) financing the archaeological research in order to discharge of archaeological burden the lands on which are conducted public works for which they are the main credit managers, while providing distinct funds to this end, according to the present ordinance;

e) including in the economic, social, urban and town planning development programmes specific objectives regarding the protection of the archaeological heritage;

e¹) authorizing the town planning and urbanism documentation, in accordance with the special authorizations from the Ministry of Culture and Religious Affairs, while elaborating or changing such documentation in order to establish measure for the protection of the archaeological heritage located by chance or following preventive and rescue archaeological researches, according to the law;

f) collaborating with the decentralized public services of the Ministry of Culture and Religious Affairs, conveying to them the updated information regarding the building permits applications relating to the located archaeological heritage;

g) specifying in the town planning certificate the legal status of the buildings in the areas of located archaeological heritage;

h) taking adequate managing measures and notifying to the owners and holders of real rights over the real estate the obligations incumbent upon them for preventing the decay of chance archaeological finds;

Art. 18. - The mayor has the following responsibilities concerning the protection of the archaeological heritage existing on his territory of competence:

a) canceling the building permit and putting an end to any construction or construction decommissioning works whenever archaeological vestiges or other classifiable assets are uncovered, announcing as soon as possible the decentralized public services of the Ministry of Culture and Religious Affairs, and, where applicable, whenever requested by the decentralized public services of the Ministry of Culture and Religious Affairs organizing the safeguarding of chance archaeological finds;

b) issuing the building or decommissioning permit on the basis of and in accordance with the provisions of the Ministry of Culture and Religious Affairs authorization, for the works in the located archaeological heritage areas, as well as for the works in the areas of archaeological heritage uncovered by chance;

c) ensuring the safeguarding and protection of public property archaeological finds, notifying to the decentralized public services of the Ministry of Culture and Religious Affairs any disregard for the law.

Art. 19. - (1) The long-lasting development of the areas of priority archaeological interest is a national objective, while the protection and presentation of the archaeological heritage in these areas represent a cause of public utility.

(2) The archaeological research, conservation, preservation, restoration and presentation of sites in areas of priority archaeological interest will be financed from the state budget through the budget allotted to the Ministry of Culture and Religious Affairs.

(3) The necessary funds for the archaeological research, conservation, preservation, restoration, and presentation of sites in the areas of priority archaeological interest can be provided, by co financing, under the legal conditions, from the budget of local public administration authorities whose territories hold these sites.

Art. 20. - (1) The local public administration authorities whose territories hold the areas of priority archaeological interest have the obligation to set the managing and technical measures necessary for the protection of the archaeological heritage, and its presentation by integrating it into the economic, social, and territorial town development plans.

(2) to this end, the authorities specified at item (1) set in their own budgets the necessary funds for ensuring:

a) the elaboration, and, where applicable, the modification of the town planning and territory organization documentation, with a view to including the necessary measures of protection and presentation of the archaeological protection;

c) the marking of the limits of the priority archaeological interest and the raising of the awareness of the public regarding the special measures of the protection of the area.

(3) In order to fulfill the tasks incumbent upon them, the local public administration authorities can benefit from special transfers from the state budget, under the legal conditions, as well as from co financing from the budget of the Ministry of Culture and Religious Affairs and the Ministry of Public Works and Territory Organization for elaborating the documentation stipulated in item (2).

(4) The town planning and territory organization documentation for the areas of priority archaeological interest is authorized by the Ministry of Culture and Religious Affairs and the Ministry of Public Works and Territory Organization.

Art. 21. - The Government, whenever notified by the Ministry of Internal Affairs, the Ministry of Culture and Religious Affairs, and the Ministry of Public Function, will approve, by a decision, the methodology of organizing and training a special safeguarding of priority archaeological interest sites and the way to finance these measures.

Art. 22. - (1) The owners, managers, and holders of other real rights over the real estate in the archaeological sites in the areas of priority archaeological interest have the obligation of allowing the access of the personnel authorized by the Ministry of Culture and Religious Affairs in order to conduct the archaeological research and protect the archaeological heritage, as well as of ensuring the measures of protection and safeguarding of the archaeological heritage assets, according to the law.

(2) As a result of the special protection of the archaeological sites inscribed in the national archaeological Repertoire, under the conditions of the provisions in article 20, the land owners or managers private physical or juridical persons, are entitled to compensations for the unachieved agricultural incomes on the archaeological excavation lands, and over the period when the excavations are conducted, in the quotas and under the conditions established by the methodology approved by Government decision.

(3) The compensations for the unrealized agricultural incomes are paid to the entitled person by the financer of the archaeological excavation within 60 days from the date when the archaeological research was initiated.

Art. 23. - The infringement of the provisions of the present ordinance entails, where applicable, the civil, administrative, material, disciplinary, contravening, or criminal responsibility.

Art 23¹ – The undertaking of any work damaging the archaeological sites, before obtaining the archaeological burden discharge Certificate is considered to be destruction of historic monuments and is punished according to the provisions of the criminal law.

Art 23² – (1) The access with metal detectors and their use in the located archaeological heritage areas, without the preliminary authorization specified at art. 5 item (7), constitutes offence and is punished by 1 to 5 years’ prison and the confiscation of the detectors.

Art 23³ – (1) The trading of metal detectors without the authorization specified at art. 5 item (61) constitutes offence and is punished by 1 to 5 years’ prison and the confiscation of the detectors.

Art. 24. - (1) Contraventions are considered to be the following deeds, sanctioned as follows:

a) conducting without the authorization issued under the conditions of the present ordinance archaeological researches, as well as any other activities resulting in damage of integrity or the endangering of the archaeological heritage preservation, by a fine from 100,000,000 lei to 500,000,000 lei;

b) the failure to announce the uncovering of archaeological finds specified in article 4, item (2) by the holder of the research authorization, by a fine from 10,000,000 lei to 50,000,000 lei;

c) the failure to announce, within the deadline laid out by the ordinance, the finds by the persons specified at art. 4, item (3) for chance archaeological finds, by a fine from 20,000,000 lei to 500,000,000 lei and the confiscation of the uncovered property; the failure to announce the archaeological finds resulted from construction or decommissioning works constitutes aggravating circumstances;

d) the infringement of the provisions of art. 6, a) and b), by a fine from 250,000,000 lei to 750,000,000 lei;

e) the failure to observe the authorization from the Ministry of Culture and Religious Affairs or the issuing of the construction permit without this authorization for the construction or decommission works in the located archaeological heritage areas, by a fine from 50,000,000 lei to 250,000,000 lei;

f) the failure to perform the tasks specified at art. 11 a) and c), by a fine from 20,000,000 lei to 100,000,000 lei;

g) holding metal detectors without the authorization specified at art. 5 item (61), by a fine from 150,000,000 lei to 500,000,000 lei and the confiscation of the detectors;

h) the holding of metal detectors without the permit specified at art. 5 item (63), by a fine from 150,000,000 lei to 500,000,000 lei and the confiscation of the detectors;

i) the infringement of the provisions at art. 8 item (1) and of art. 22 item (1), by a fine from 50,000,000 lei to 250,000,000 lei.

(2) The quota of the fines specified at item (1) are updated by the Government decision.

Art. 25. - (1) The acknowledgement of the contraventions and the application of the sanctions is done, where applicable, by:

a) the specialists of the county Divisions for culture, religious affairs and national cultural heritage, of the city of Bucharest, respectively;

c) the territorial inspectors of the State Inspection in Constructions, Public Works, Town Planning and Territory Organization;

d) the police officers having the obligation to meet any demands of the personnel performing tasks as specified at letters a)-c)..

(2) The contraventions specified at art. 24 item (1) a), b) and i) are found, and the sanction is applied by the specialists of the county divisions for culture, religious affairs and national cultural heritage, of the city of Bucharest, respectively, by the mayor, or the general mayor of the capital or the president of the county council, as well as by their commissioners.

Art. 26. – The contraventions specified at art. 24 can be applied to the provisions of the Government Ordinance no. 2/2001 regarding the juridical regime of contraventions, approved with changes and completions by Law no. 180/2002, with later changes, except for the provisions of art. 28 and 29.

Art. 27. - (1) The decommissioning, partial destruction or damage to the historic monuments are sanctioned in accordance with the criminal law.

(2) In the case of damage to the historic monuments is applied also the extra measure of obliging the defendant to restore the damages parts of the construction, on the basis of the authorization from the relevant bodies stipulated in the present ordinance.

Art. II – (1) Within 60 days from the entry into force of the present law, the Ministry of Administration and Internal Affairs, the Ministry of Culture and Religious Affairs, the Ministry of National Defense and the Ministry of the Economy and Trade issue, together, the technical provisions regarding the holding and trading of metal detectors.

(2) Within 60 days from the entry into force of the present law, the minister of culture and religious affairs approve, by order, the organization and operation regulations of the National Archaeology Commission.

Art. III – The Government Ordinance no. 43/2000 regarding the archaeological heritage protection and the declaration of archaeological sites as areas of national interest, approved with changes and completions by the Law no. 378/2001, with the changes and completions brought by the present law, will be published again in the Official Gazette of Romania, Part 1, numbering the texts in a new way.

NO.	ARCHAEOLOGICAL SITE	COMMUNE	COUNTY
1.	Histria	Istria	Constanţa
2.	Dacian Fortresses in the Orăştie Mountains	Orăştioara de Sus Boşorod Băniţa Săsciori	Hunedoara Hunedoara Hunedoara Alba
3.	Ulpia Traiana Sarmizegetusa	Sarmizegetusa	Hunedoara
4.	Târgşor	Târgşorul Vechi	Prahova
5.	Oraşul de Floci	Giurgeni	Ialomiţa