Proceedings

1.  Scientific and technical specifications

Upon receiving a ministerial prescription for an archaeological operation, the project developer is required to contact the INRA agent designated for the scientific monitoring (RSS) of the prescribed operation. The name and contact details of the responsible agent will be provided in the prescription.

The RSS will then send the project developer a set of scientific and technical specifications (Cahier des charges scientifiques et techniques, CCST) for the prescribed operation. The CCST is accompanied by a list of approved archaeological operators. Please consult the current list of appoved archaeological operators (in french).

To obtain a quotation, the project developer must both the ministerial prescription and the CCST to the approved archaeological operators.

2. Application for ministerial authorisation and scientific intervention plan

All archaeological operations require prior ministerial authorisation.

The application for ministerial authorisation must be submitted by  INRA or the approved archaeological operator chosen by the project developer to carry out the prescribed archaeological operation.

Once the approved archaeological operator has obtained the estimate signed by the project owner, they must submit a scientific intervention project (Projet Scientifique d’Intervention, PSI) to INRA, specifically to the RSS for the prescribed operation.

This PSI serves as the application for ministerial authorisation to carry out the archaeological operation in question.

The application for ministerial authorisation, and the submission of the PSI to INRA, must be made no later than 30 working days before the planned start of the archaeological fieldwork. The conditions for applying for and obtaining ministerial authorisation are outlined in  chapter 2 of the Grand Ducal decree of 9 March 2022.

A copy of the ministerial authorisation will also be sent to the municipality where the prescribed archaeological operation is to take place.

3. Authorisation for ground access

Before commencing a preventive archaeological investigation, the project developer must provide the archaeological operator with written authorisation for access to all land to be surveyed or excavated.

The signed access authorisation must be included in the PSI and grants both the archaeological operator and INRA agents access to the property in question.

If the land to be surveyed or excavated is leased or rented, the project developer must also notify the tenant or leaseholder of investigation’s start date and expected duration.

If applicable, the archaeological operator must obtain authorisation from the Direction de l'Aviation Civile (DAC) for the use of drones during the operation.

4. Other required authorisations

If the land in question is  classified as national cultural heritage, or borders a building classified as national cultural heritage, authorisation from the Minister of Culture is required in accordance with article 30 of the Law of 25 February 2022 on cultural heritage.

If other authorisations from ministries, or state or municipal administrations are required prior to the archaeological operation (e.g. road permits, authorisation for the storage of landfill in a green zone, excavation permits, etc.), the project developer must provide copies of these documents to the archaeological operator before the operation begins.

5. Preliminary site meeting

A preliminary worksite meeting must be held one week before the start of an operation. This meeting is organised by the approved archaeological operator appointed by the project developer, and is attended by the archaeological operator, the project developer and the RSS for the operation concerned.

The archaeological operator is responsible for preparing the meeting debrief which must be sent to both the project developer and the RSS on the working day following the meeting.

6. Start date of an archaeological survey

The start date of an archaeological survey is agreed upon by the project developer and the archaeological operator. This date must be specified in the PSI, and consequently in the application for ministerial authorisation. If the start date needs to be amended, the archaeological operator must notify the RSS in writing as soon as possible.

As the ministerial authorisation is valid for one year from the date of issuance, the archaeological operation must begin within one year of the authorisation’s issue date. If this is not the case, the archaeological operator must submit a new application for ministerial authorisation.

7. Duration of an archaeological survey

The duration of the archaeological survey is specified in the PSI, and therefore in the application for ministerial authorisation. It must align with the duration outlined in the CCST for the operation in question

For archaeological sampling or prospection, the RSS may extend the operation by an additional phase, with a maximum duration specified in the PSI. This additional phase forms an integral part of the archaeological survey. The duration of the additional phase in the PSI must correspond to the duration requested in the CCST for the operation

In accordance with article 6 of the aforementioned law, the total duration of a preventive operation may not exceed six months from the date of its commencement excluding collective winter and summer vacations, as well as periods of bad weather. INRA determines whether to suspend or resume the operation due to bad weather.

The duration of the preventive archaeological operation may be extended by mutual agreement between INRA and the project developer, based on the scientific results of the preventive archaeological operations or other existing scientific data.

In the event of an exceptional discovery during a preventive operation, the duration of the operation may be extended for up to five years.

The aforementioned total duration of six months may not be continuous. If a preventive archaeological operation is interrupted for reasons beyond INRA's control (technical problems with a mechanical shovel, work accident or sick leave within the archaeological team, etc.), INRA will not be held responsible for adjustments to the start date or the scheduled end date of the archaeological operation. However, the total duration of a preventive archaeological operation, as requested in the CCST, must be respected.

8. Scientific control of the preventive archaeological operation by the RSS

The preventive archaeological operation is carried out by an approved archaeological operator. As soon as the archaeological operator finds archaeological evidence during the operation, they must immediately notify the RSS.

In accordance with article 10 of the aforementioned law, the RSS as well as other INRA agents may conduct site visits throughout the duration of the preventive archaeological operation, provided they have prior written consent of the landowner.

9. Conclusion of an archaeological survey

At the conclusion of an archaeological survey, the archaeological operator must submit a general digital plan outlining the archaeological survey on a plot basis to INRA. This plan should include cadastral parcel boundaries and numbers the precise locations of the intervention sites, uncovered archaeological structures, and any built structures of archaeological interest. The plan must be submitted within 7 working days following the end of the archaeological survey.

Upon receipt of the plan and based on the results of the archaeological survey, INRA will inform the archaeological operator of the deadline for submitting the final field report.

10. Final archaeological field report (Rapport Final d’Opération, RFO)

The deadline for submitting the final archaeological field report (RFO) will depend on the results of the archaeological survey, ranging from 30 working days to a maximum of six months The timeframe for preparing the RFO is specified in the CCST for the respective operation

The RFO must be submitted to the RSS within the specified timeframe, accompanied by the archaeological artefacts and any other documents generated as part of the scientific documentation for the archaeological survey.

The RSS is authorised to use the data contained in the scientific documentation submitted by the archaeological operator (including photos, plans, etc.) within the framework of its legal missions as defined by the amended law of 25 June 2004 on the reorganisation of the State's cultural institutes.

The RFO must adhere to the template and drafting standards set by INRA Additionally, the archaeological operator must provide a copy of the RFO to the project developer.

11. Archaeological survey: What’s Next?

Depending on the results of the archaeological assessment, the Minister of Culture may mandate a preventive archaeological excavation.

If no significant archaeological remains are discovered during the survey, the area impacted by the development project will be exempt from archaeological constraints (i.e., it does not exceed the right-of-way or depth of the project).

If there are any modifications to the development project the project developer must submit a request for a reassessment of the project.