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From:
geoff carver <[log in to unmask]>
Reply To:
HISTORICAL ARCHAEOLOGY <[log in to unmask]>
Date:
Thu, 9 Nov 2000 11:41:26 +0100
Content-Type:
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>
> ----------------------------------------------------------------------
> Absender   : [log in to unmask]  (ph-lambert)
> Message-ID : [log in to unmask]
> Newsgroup  : Z-NETZ/WISSENSCHAFT/ARCHAEOLOGIE
> Betreff    : French archaeologie
> Datum      : Mi 08.11.00, 17:57  (erhalten: 09.11.00)
> ----------------------------------------------------------------------
>
> Hello all archeologists and captivated on the net,
>
> The new French law for preventive archaeology is a veritable disaster for a
> lot of persons who are working in this country, because this law turn out
> all voluntaries and privates archeologists, and reserve all activity for the
> new monopoly nationalised (EPA). French government explain that situation
> because he don't want to see some " Enterprises from foreign Europeans
> countries" working on his territory, following principle of " the French
> cultural exception". Voluntaries people represent 50 % of the activity with
> 250 associations, we hope that our friends colleagues Europeans will help us
> before Europeans instances to protect our justifiable activity. Someone of
> us  are going to loses their jobs only because of this law : it's against
> humans rights  !!!
>
> Thanks to you for signing the following  request, it's very important for us
> and our patrimony.
>
> http://snpba.citeweb.net/petition.htm
>
> Ph Lambert
>

i understand m. lambert wishes to preserve jobs and places for volunteers, but
there are a number of issues here - both the place of "amateurs" and small-scale
operators, and legal rights of or within the european union (not "human rights")
-
        the latter is going to be a big problem in the next few years - a
working group inside the EAA has already been discussing it, and more recently
i've been trying to see how germany deals with implementation of DIRECTIVE
89/48/EEC in terms of archaeology (in germany there is something called a
"Berufsbild" which states that archaeologists must have an MA; in britain anyone
can call themselves an archaeologist, but you'd normally need academic
qualifications and/or experience to actually get a job; according to germany i
am not an archaeologist, according to britain i am, and according to DIRECTIVE
89/48/EEC i should be able to work here as an archaeologist because archaeology
is not included under the special categories doctor, lawyer, architect, etc.) -
        france is trying to maintain a monopoly, which contravenes the spirit of
european legislation on the freedom to work anywhere within the member states -
france wants to opt out on certain provisions, arguing on the grounds of culture
- this has already met one obstacle: according to the rules for european funding
for major projects, excavations at a chateau had to be opened to international
(european) tender - and because there are no private excavation firms in france,
the contract eventually went to oxford archaeological unit -
        the french decision/legislation could still be challenged in the
european courts -
        also, as far as i understand, the borders for services open in january:
which means that english units can bid for contracts in the netherlands (they
are trying to do so already but the framework is not yet in place: they are
currently passing legislation implementing the treaty of malta/valletta),
ireland, and theoretically germany, spain, italy, etc. - for germany especially
i see the very real possibility that the english firms, with experience dealing
with managing the infrastructure necessary for large-scale projects (not just
excavations but also surveys, etc.) will be able to underbid smaller,
regionally-based german firms -
        for the same reason that some of the smaller firms continue to exist in
germany, i don't see the big foreigners putting everyone out of work: it makes
no economical sense for a large firm to bid for some of the really small
watching briefs which the small 1-2 person firms handle quite happily...
        how it all works in other countries, i don't know, but... you can sort
of imagine similar consequences - the logical solution would be for the various
regulatory bodies to plan for the future, but... since these are archaeologists
(concerned mainly with the past) i don't think that's likely -
        if we fight the french monopoly, we're essentially arguing that culture
should not be exempt from european legislation - sould be open to the
free market (or, as argued in a number of EU/UNESCO and other
treaties/conventions, the exchange of knowledge and skills) whether that
protects the small jobs and volunteers is another question - but it's not all
that easy to provide a solution -


geoff carver
http://home.t-online.de/home/gcarver/
[log in to unmask]

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