To date, there is no single European Union law directly governing recreational metal detecting. Protecting the archaeological heritage remains a national competence: each member state — and, in Switzerland, each canton — sets its own rules on permits, reporting finds and ownership of archaeological objects.
Several international and European texts nevertheless lay down a set of common principles that national laws put into practice. OEPR helps its members understand this two-level framework: European and national.
The European Convention on the Protection of the Archaeological Heritage, adopted by the Council of Europe in Valletta (Malta) in 1992, commits signatory states to protect the archaeological heritage, to make excavations and surveys subject to prior authorisation, and to curb the illicit trade in archaeological items. It has been ratified by almost all EU member states, as well as by Switzerland and the United Kingdom.
The UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property lays the international foundations for fighting illicit trafficking in cultural property, including archaeological objects.
This directive governs the return of cultural objects unlawfully removed from the territory of a member state of the European Union, including archaeological objects, and makes it easier for national authorities to cooperate on their return.
This regulation governs the import of cultural goods into the customs territory of the European Union, requiring licences or statements for certain archaeological and cultural goods coming from non-EU countries.
When a detector is used to search for archaeological objects, an official permit is usually required.
Access to private land always requires the owner's consent, whatever the country.
Any find of archaeological interest must be reported to the competent authorities, within time limits that vary from country to country.
Archaeological objects are often subject to specific ownership rules, separate from ordinary law (state, region, canton…).
OEPR welcomes members in France, Belgium, Switzerland, Spain, Italy and beyond. See the detailed rules for your country:
Heritage Code (articles L.542-1, L.531-14…), prefectoral permit, reporting to the mayor. Official OEPR rules in 16 articles (in French).
Regional competence (Wallonia, Flanders, Brussels); annual AWaP permit in Wallonia, with a fee and a compulsory information session. Official OEPR rules in 22 articles (in French).
Cantonal competence, Swiss Civil Code (art. 723-724), permits that vary from canton to canton. Official OEPR rules in 18 articles (in French).
Law 16/1985 on Spanish Historical Heritage, permit generally required, stricter regimes in some autonomous communities (e.g. Andalusia).
Code of Cultural Heritage and Landscape (Legislative Decree 42/2004), Soprintendenza permit for protected areas, reporting within 24 hours. Official OEPR rules in 20 articles.
In the United Kingdom, for example, finds are covered by the Treasure Act 1996 and the Portable Antiquities Scheme. Contact OEPR and we will help you identify the main rules that apply in your country.
This page gives a general overview and is neither legal advice nor a prospecting permit. The texts mentioned may change and how they apply depends on each situation. OEPR invites every member to check, before each outing, the rules in force in their country, region or canton with the competent authorities.