DETECTING IN EUROPE THE LAWS

AUSTRIA

The use of detectors requires excavation permission issued by the Austrian Federal Monument Authority. Such permission is generally not issued to private individuals.

CYPRUS

Searching for antiquities without a licence is expressly forbidden even with the landowner's permission. It is highly unlikely that an individual will be able to obtain such a licence.

DENMARK

On public land, it is the community that decides whether or not a metal detector may be used. It is estimated that approximately 50% of the public land is closed to metal detecting.

On public woodland the forest supervisor decides whether or not a detector may be used. In most cases permission is NOT granted. There is hardly any problem to search on public beaches because "it would discriminate against a class of people and, therefore, a child would not be able to use a bucket and spade etc." Apart from seeking permission of the landowner, there are no restrictions on private land. Any coins minted after the coin reform in the 19th century can be retained by the finder. Otherwise all coins and artifacts must be delivered to the National Museum. The finder is awarded a Cash sum for the find but it is always below the market value. It is very rare that the finder is allowed to keep his find.

FINLAND

All movable objects, such as coins, weapons, etc. over one hundred years old should be reported with an indication of context (Antiquities Act 1963, Section 16). This legislation does not rule out the use of metal detectors.

FRANCE

No one may use metal detecting equipment for the purpose of searching for monuments and objects which could concern prehistory, history, art or archaeology without first having obtained administrative authorization issued according to the qualification of the applicant and also the nature and method of searching. Beaches are believed to be outside this law.

GERMANY

Excavation requires a licence and work may not be carried out, without permission, near an antiquity in such a way as to affect it directly or indirectly. All accidental discoveries must be reported. Rewards are made equal to 50% of value if found on public land and 100% if on private land. Although metal detectors are not referred to in this 1932 Act, any items found by its use are covered by the Act.

NORTHERN IRELAND

The law in Northern Ireland is not the same as mainland England and the use of metal detectors is covered by the Historic Monuments Act 1971 which states: Part IV Section 11: A person shall not, save under and in accordance with a licence .... dig or excavate in or under any land .... for the purpose of searching generally for archaeological objects ... Part IV Section 12: The finder of any archaeological object .... shall, within fourteen days of such finding, report the circumstances .... to the Director of the Ulster Museum .... or to the officer in charge of a police station.

SOUTHERN IRELAND

A person cannot use, or be in possession of a detection device in, or at the site of, an archaeologically significant area. It is even illegal to "Promote, whether by advertising or otherwise, the sale of use of detection devices for the purpose of searching for archaeological objects."

ISRAEL

The Antiquities Act 1978, Section 9a states that "No person shall excavate in a private property for the purpose of discovering antiquities, nor search for antiquities in any other manner, including the use of metal detectors, nor gather antiquities unless he has received a licence for such from the Director. Breach of this section carries a liability in imprisonment for a term of 3 years or a very, very large fine.
Section 38 of the same Act states that "any person found on an antiquity site, in whose possession or in whose immediate vicinity are found excavation tools and it can be assumed that they were recently used in excavation work at the site, or in whose possession or in whose immediate vicinity is found a metal detector, is presumed to have intended to discover antiquities unless he proves that he has no such intention.

ITALY

The 1939 Act of the custody of artistic and historic objects affords protection to all objects and coins of historical or archaeological value including coins. All objects are State property and must be reported to the Superintendency of Arts. Rewards may be offered up to 1/4 of the value. Metal detecting is forbidden in the following areas:
Val D'Aosta
Toscana
Lazio
Calabria
Sicilia
Coins found minted after 1500 can be kept by the finder and 10% of their value has to be paid to the landowner.

LIECHTENSTEIN

The 1977 Monument Protection Act requires the declaration of any antiquities found in the soil. A government permit is necessary for archaeological excavations.

LUXEMBOURG

All search and excavations with the aim of discovery or bringing to light objects or sites of historical interest can only be made with the authorization of the Minister for Arts and Sciences. The use of metal detecting for unauthorized searching is, in the view of the Ministry of Justice, in contravention of the law.

MALTA

The 1925 - 1974 Antiquities Protection Act affords protection to all objects, both movable and immovable, which are more than 50 years old. Excavation can only be carried out with government authorization. The reporting of accidental finds is compulsory. Since 1979 there has been a ban on the import of any metal detectors of sufficient sensitivity to be of any danger to archaeological sites.

NORWAY

The Cultural Heritage Act 1978 lists a wide range of specified objects, both fixed and movable, dating from before 1937 which are protected. It also provides protection from unauthorized excavation. The ownership of all objects older that 1537 and of coins older than 1650 is vested in the state. It requires that all finds should be reported to the authorities who will fix a suitable reward. There is no specific reference to metal detectors.

SPAIN

The use of metal detectors is not allowed unless an import license for the detector has previously been issued. Further enquiries should be made to the Spanish Commercial Office. The Commercial Office at the Spanish Embassy provided the following written information: 1. The use of metal detectors could involve considerations of the Law and Regulations governing artistic or archaeological finds, involving national heritage and treasure trove, a provided by the very detailed Law of 25th June 1985 (Historical Heritage); and the Royal Decree of 10th January 1986 which develops it. 2. If anything is found, therefore, it would be necessary to comply with the complex procedures outlined in these enactments; and it would certainly not be possible for any finds to be taken out of Spain until the proper Authorities had given their consent. That could take months; and if the article in question is classified as part of the national artistic heritage, and/or is over 100 years old, it is not likely to receive an export permit either at all, or for a very long time, owing to the complexity of the procedures. The second aspect is a technical one. The Royal Decree of 25 November 1987, which deals with nuclear energy and radioactivity, lays down rules and safeguards against radiation. The Order of 20th March 1975 sets out the homologation rules for radio-active apparatus. The metal detector in question may not comply with those rules. There is a third aspect. The local Naval Authorities have been known to complain because the use of metal detectors has interfered with electronic communications. All in all, therefore, it is preferable not to use metal detectors in Spain.
In 2001 Spain has become even more un-bending and a number of detector users have faced prosecution, therefor FID cannot recommend visiting or detecting in this country.

SWEDEN

Section 19 of the 1988 Act which prohibited metal detecting in the countries of Gotland and Oland has now been extended to include all of Sweden.

SWITZERLAND

No legislation specifically refers to metal detecting by private individuals, though legislation exists to ban unauthorized search or excavation of antiquities.

TURKEY

the 1973 Antiquities Act carries very extensive lists of movable and immovable objects protected including places of ancient settlement or places where there are vestiges of ancient civilizations. All objects are the property of the State and reporting is obligatory but a reward system exists. There is a specific provision against treasure hunting, illicit excavation and dealing in antiquities. Unauthorized treasure hunting carries a penalty of 2 - 5 years imprisonment and very hefty fines.