The figure of the archaeologist and intellectual performance
One of the key points reported by the ANA concerns the very nature of the archaeologist’s work, defined as “intellectual performance”.
As stated by the Council of State in sentence no. 1234 of 02/21/2022intellectual performance is distinguished from other activities because they do not follow standardized proceduresbut they are based on the discretion of the professional, who acts according to his/her competence and training. Although, during such performances, the professional can perform physical activitiesas indicated in circular no. 4/2024this does not alter the intellectual nature of the work, as established by the same ruling of the Council of State.
However, in the INL FAQ, this distinction does not appear to be adequately recognized, creating ambiguity about which obligations in terms of safety must be respected by archaeologists working on construction sites.
Archaeological construction site licence: a classification problem
According to the INL’s interpretation, archaeologists working on construction sites are subject to the same safety regulations as other professionals in the field, such as construction workers and technicians.
In the circular no. 4/2024 it is clarified that the engineers they architects involved in construction sites are explicitly excluded from the application of the Construction License. ANA underlines that, according to the Public Contracts Code (Legislative Decree 31 March 2023, n. 36)The The role of the archaeologist is considered equal to that of engineers and architectsthe work carried out by these professionals falling within the engineering and architectural services.
The obligation to register in professional lists
Another critical aspect concerns theregistration in professional directories.
For the ANA, the indication contained in point 11 of the FAQ is incorrect and needs correction.
In fact, the profession of archaeologist it is not regulated from a professional order or register. Registration in the national lists of cultural heritage professionals it is not mandatory. Professionals can practice without registering in the lists, provided they demonstrate that they meet the required requirements.
Archaeological excavation is a special area
The association specifies that it archaeological excavation rrepresents a special scopewhere they operate companies with OS/25 certificationfor which the legislation does not apply.
Independent professionals working on an archaeological excavation work in a context different from a construction site. In any case, the activity of the archaeologist, under the self-employed regime, is considered one intellectual performanceas defined by the Council of State, making the points-based license rule for construction sites inapplicable for this type of work.
The request for revision of the FAQ
Faced with these critical issues, the ANA has formally requested a review of the FAQs published by the INLso that they are better adapted to the professional reality of archaeologists. The objective is to obtain a clearer and more coherent document, which considers the specificities of the profession and which does not unfairly penalize workers in the sector.
The review should include a more precise definition of safety responsibilities and a clarification of the obligations relating to the Credit Licence.
