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LAW

National Library of Estonia Act

Passed 19.03.1998, entered into force 25.04.1998

PUBLISHED:

RT I 1998, 34, 488

AMENDED:

In the Riigikogu 28.03.2002, entered into force 20.03.2003
RT I 2002, 35, 218

In the Riigikogu 12.06.2002, entered into force 1.08.2002
RT I 2002, 57, 357

In the Riigikogu 5.06.2002, entered into force 1.07.2002
RT I 2002, 53, 336

In the Riigikogu 28.03.2002, entered into force 4.05.2002
RT I 2002, 35, 218

In the Riigikogu 29.01.2002, entered into force 4.03.2002
RT I 2002, 21, 117

NATIONAL LIBRARY OF ESTONIA ACT

Passed 19 March 1998

Chapter 1. GENERAL PROVISIONS

§ 1. Scope of application of Act

This Act provides the legal status of the National Library of Estonia (hereinafter: the National Library), its functions as a national and parliamentary library and a humanities and social sciences library, management arrangements and state supervision.
(Passed 28.03.2002, entered into force 4.05.2002 - RT I 2002, 35, 218)

§ 2. Objective of National Library

The objective of the National Library is to collect, preserve and make available the national cultural values and information resources.

§ 3. Legal status of National Library

(1) The National Library is a person in public law that operates under this Act, other legislation and its statutes.
(2) The statutes of the National Library shall be approved by the Council of the National Library.
(3) The National Library is autonomous to the extent provided by this Act and, in performing its functions, it shall proceed from the recommendations of UNESCO to national and parliamentary libraries.
(4) The activities of the National Library shall be terminated by law.
(5) The National Library shall be registered in the state register of state and local government agencies under the procedure established in the statutes of that register.
(Passed 12.06.2002, entered into force 1.08.2002 - RT I 2002, 57, 357)

Chapter 2. FUNCTIONS

§ 4. Functions of National Library as national library

The functions of the National Library as a national library are:
1) the collection, permanent preservation and making available of information carriers about Estonia or containing information concerning Estonia, which are published in Estonian and in Estonia;
2) the preparation and management of Estonian bibliographic normative database, coordination of authority control in the library network;
3) the state bibliographic registration of Estonian information carriers in the national bibliographic database and the making available of the national bibliographic database;
4) the participation in the Estonian retrospective national bibliographic joint programme;
5) the organisation of state statistical surveys related to printed matters and libraries;
6) the operation as a national agency of the International Standard Book Number System (ISBN) and the International Standard Serial Number (ISSN);
7) the development of information technology, the designing of relevant information systems, the preparation of computer programmes and creation of the databases for making the information resources of the National Library generally available via the network of libraries;
8) the application of international standards of information science and publishing in the Estonian library network;
9) the making of development and research work in the field of bibliography, bibliology, library science, informatics and the related areas, the advising of Estonian libraries in the relevant matters, the organisation of in-service training for their employees and the participation in the international and national research, development and cooperation programmes;
10) the exchange of world culture and operating as a cultural centre.
(Passed 28.03.2002, entered into force 4.05.2002 - RT I 2002, 35, 218)

§ 5. Functions of National Library as parliamentary library

The functions of the National Library as a parliamentary library are:

1) the obtaining, preservation, processing, analysis and making available of information to the Riigikogu, the Chancellery of the Riigikogu, the Government of the Republic, the Ministries and the State Chancellery; preparation and publishing of information carriers;
2) the registration of official publications of the Republic of Estonia and their exchange under the procedure established in legislation;
3) operating as a deposit library of international organisations according to international agreements;
4) the maintenance of the Riigikogu archives on the basis of legislation regulating the archival system and services, and the agreements concluded by the Chancellery of the Riigikogu;
5) the collecting of literature pertaining to law, history and political science, as well as other information carriers on social science and the creation of databases for state information needs;
6) The preparation and publication of Estonian legal bibliography.

§ 51. Functions of National Library as humanities and social sciences library

The functions of the National Library as a humanities and social sciences library are:

1) the collection, preservation, analysis, making available of information on humanities and social sciences, and the preparation and publishing of information carriers;
2) the preparation of keyword vocabularies pertaining to humanities and social sciences in the electronic system of Estonian science information.
(passed 28.03.2002, entered into force 4.05.2002 - RT I 2002, 35, 218)

§ 6. Collections, databases and services

(1) The collections and databases of the National Library form integral whole, they are indivisible and are part of Estonian public information resource.

(2) The public services of the National Library are generally available information services arising from this Act, which are provided as network services, services via other libraries and services in reading halls.

(3) The collections and databases of the National Library shall be used on the basis of the rules on use approved by the Council of the National Library.

(4) The main services of the National Library are:
1) the lending of information carriers for on-the-spot use and making them accessible via computer networks;
2) the making of copies of information carriers being in the collections and databases of the National Library in accordance with the Copyright Act (RT 1992, 49, 615; RT I 2000, 16, 109; 78, 497; 2001, 50, 289; 56, 335);
3) the arrangement of inter-library lending under the established procedure;
4) the bibliographic and information analytical services;
5) the making of expert assessments according to the functions of the National Library.

(5) The lending of information carriers for on-the-spot use is free of charge, other services may be for a charge.

(6) The services are free of charge for the members of the Riigikogu and the Chancellery of the Riigikogu.
(Passed 28.03.2002, entered into force 4.05.2002 - RT I 2002, 35, 218)

§ 61. Rules on use

The principles and procedure for registration as a reader of the National Library, the arrangement for the use of collections and databases as well as the reader responsibility shall be established in the rules on use of the National Library, of which each reader shall be informed.
(28.03.2002 entered into force 4.05.2002 - RT I 2002, 35, 218)

 

§ 7. (Repealed - Passed 28.03.2002, entered into force 4.05.2002 - RT I 2002, 35, 218)

§ 8. Archives of the Riigikogu (1) The archives of the Riigikogu contain documents of the plenary assembly, the committees, the board, the Chancellery of the Riigikogu and the Election Committee of the Republic.

(2) The procedure for maintenance of the Riigikogu archives shall be approved by the director of the Chancellery of the Riigikogu.
(28.03.2002 entered into force 4.05.2002 - RT I 2002, 35, 218)

Chapter 3. MANAGEMENT

§ 9. Council

(1) The highest body of the National Library is the Council of the National Library (hereinafter: Council), which comprises seven members.

(2) At the proposal of the Riigikogu Cultural Affairs Committee, the Riigikogu shall appoint to the Council four members of the Riigikogu and two recognised specialists in the work areas of the National Library.

(3) Upon the expiry of the authorities of the Riigikogu, the Council members who are also the Riigikogu members shall remain in the Council until the entry into force of a resolution on the appointment of the members of the new composition of the Riigikogu to the Council. The recognised specialists of work areas of the National Library shall be appointed to the Council for a period of four years.

(4) The Director of the Chancellery of the Riigikogu shall belong to the Council by virtue of office.

(5) Sessions of the Council shall be chaired by the eldest member of the Council until the election of the chairman of the Council.

(6) The Council has a quorum if the session is attended by at least four members, including the chairman or deputy chairman.

(7) Decisions of the Council shall be adopted by the majority of votes of the Council members who participate in the session. Upon an equal division of votes, the vote of the chairman of the Council or, in his or her absence, of the deputy chairman shall be decisive. A decision of the Council shall be signed by the chairman of the Council or, in his or her absence, by the deputy chairman.

(8) The General Director of the National Library (hereinafter: the General Director) shall participate in the sessions of the Council with the right to speak.

(9) Sessions of the Council shall be held when necessary but not less frequently than four times a year.
(28.03.2002 entered into force 20.03.2003 - RT I 2002, 35, 218)

§ 10. Competence of Council

(1) The Council:
1) shall elect the General Director by way of public competition;
2) shall elect the chairman and deputy chairman of the Council;
3) shall approve the statutes of the National Library and the rules on use of the National Library and shall make amendments to them;
(28.03.2002 entered into force 4.05.2002 - RT I 2002, 35, 218)
4) shall approve the directions for development and activities, and the management reports of the National Library;
5) shall approve the application of the National Library for financing expenses from the state budget;
6) shall approve the structure of the National Library, the composition of the staff and the bases of remuneration;
(28.03.2002 entered into force 4.05.2002 - RT I 2002, 35, 218)
7) shall approve the budget of the National Library and its performance report;
71) shall approve the terms and procedure for remuneration of the members of the Council;
(28.03.2002 entered into force 4.05.2002 - RT I 2002, 35, 218)
8) shall determine the procedure for conducting internal control of the National Library and hear the results of the control;
9) shall approve the list of services for a fee of the National Library;
10) shall hear the reports of the General Director, Research Secretary, directors and heads of structural units;
11) shall discuss and assess the activities of the National Library;
12) shall approve the procedure for the possession, use and disposal of the assets of the National Library;
13) shall make decisions, to the extent and pursuant to the procedure provided by this Act and the statutes of the National Library, on the issues relating to the assets of the National Library;
14) shall decide on the National Library joining international organisations;
15) shall decide on other issues which are in its competence under this Act and the statutes of the National Library and which the members of the Council or the General Director have submitted to the Council for giving an opinion.
16) shall approve in accordance with the Databases Act (RT I 1997, 28, 423; 1998, 36/37, 552; 1999, 10, 155; 2000, 50, 317; 57, 373; 92, 597; 2001, 7, 17; 17, 77) the procedure for the maintenance of the national bibliography database, access to the data and the procedure for the use of the data.
(28.03.2002, entered into force 4.05.2002 - RT I 2002, 35, 218)

(2) Compliance with the decisions of the Council is compulsory to the employees of the National Library.

§ 11. Chairman of Council

(1) The chairman and deputy chairman of the Council shall be elected from among the members of the Council for a period of one year at the first session of the Council in each calendar year.

(2) The chairman of the Council:
1) shall organise the activities of the Council;
2) shall chair the sessions of the Council;
3) shall control compliance with the decisions of the Council;
4) shall conclude an employment contract with the General Director;
5) shall represent the Council.

(3) In the absence of the chairman of the Council, he or she shall be substituted for by the deputy chairman.

§ 12. Election and release from office of General Director

(1) The General Director shall be elected by the Council for a term of five years pursuant to the procedure specified in the statutes.

(2) A public competition for the election of the General Director shall be organised not earlier than two months before the end of the term of office of the General Director and not later than two months after the expiry of the employment contract of the General Director.

(3) The employment contract with the General Director shall be concluded by the chairman, in his or her absence by the deputy chairman.

(4) The General Director shall be released from office before the expiry of the contract:
1) if the Council has by two-thirds majority vote expressed no confidence against the General Director;
2) at his or her own request;
3) when he or she assumes another office on the basis of law or the Employment Contract Act;
4) when he or she assumes another elected or appointed office;
5) on any other basis specified in the labour legislation.

§ 13. Competence of General Director

(1) The General Director shall be responsible for the operation and development of the National Library and shall perform duties pertaining to the areas of coordination, government, administration and management arising from this Act, the statutes of the National Library and the decisions of the Council.

(2) The General Director:
1) shall exercise the highest administrative and disciplinary authority in the National Library within the limits of his or her competence;
2) shall approve the internal procedure rules of the National Library;
3) shall approve the documentary procedure rules of the National Library;
4) shall issue orders and directives with which compliance is mandatory for employees of the National Library;
5) shall appoint the research secretary, directors and heads of the structural units;
6) shall ensure that the decisions of the Council are implemented;
7) shall ensure that the draft budget and financing application of the National Library are prepared;
8) shall ensure that the budget of the National Library is implemented and shall submit a report thereon to the Council;
9) shall represent the National Library and conclude transactions on behalf of the National Library within the limits of authorisation granted by this Act and the statutes of the National Library;
10) is accountable to the Council;
11) shall submit each year an activity report of the National Library to the Ministry of Culture;
12) shall resolve other issues placed within his or her competence pursuant to law and the statutes of the National Library.

Chapter 4. ASSETS AND FINANCING

§ 14. Assets of National Library

(1) The National Library shall possess, use and dispose of its assets pursuant to the procedure established under this Act for the performance of its statutory functions.

(2) (Repealed - 5.06.2002 entered into force 1.07.2002 - RT I 2002, 53, 336)

(3) The National Library shall, upon a decision by the Council, transfer the assets not necessary for the performance of the functions of the National Library.

(4) The National Library may transfer the immovable property in its ownership and take loans with the permission of the Government of the Republic.

(5) The National Library may not secure obligations of another person with its assets, give loans, provide sponsorship support, be a partner or shareholder in a company.

(6) The National Library may found legal persons governed by private law.

(7) The provisions of subsections (4) and (5) of this section do not restrict the passive legal capacity of the National Library.
(5.06.2002 entered into force 1.07.2002 - RT I 2002, 53, 336)

§ 15. Financing

(1) For financing its activities, the National Library shall use the means received from the state budget, services for a fee and other sources.

(2) The National Library shall be financed from the state budget pursuant to the procedure established in the State Budget Act (RT I 1993, 42, 614; 1994, 30, 464; 69, 1194; 1996, 22, 436; 49, 953).

(3) The General Director shall dispose of the monetary means of the National Library pursuant to the budget of the National Library approved by the Council.
(28.03.2002 entered into force 4.05.2002 - RT I 2002, 35, 218)

§ 16. Budget

(1) A budget shall be prepared on all the revenue and expenses of the National Library.

(2) Revenue received from outside the state budget shall be distributed via the budget of the National Library on general basis unless this is restricted by law or special conditions established on the received revenue.

§ 17. Control, supervision and reports

(1) The National Library shall keep accounts and statistical records about the use of its assets and means pursuant to the procedure established by law.

(2) The State Audit Office shall control the activities of the National Library pursuant to the State Audit Office Act.
(29.01.2002 entered into force 4.03.2002 - RT I 2002, 21, 117)

(3) (Repealed - 28.03.2002 entered into force 4.05.2002 - RT I 2002, 35, 218)

(4) The Council shall submit once a year to the Riigikogu a written activity report.
(28.03.2002 entered into force 4.05.2002 - RT I 2002, 35, 218)

Chapter 5. IMPLEMENTATION OF ACT

§ 18. Transitional provisions

(1) The General Director shall ensure that the statutes of the National Library are brought into conformity with this Act within three months from entry into force of this Act.

(2) A competition for filling the position of the General Director shall be organised pursuant to the procedure established in section 12 of this Act within one month after the statutes are brought into conformity with this Act.

(3) The other members of the deciding bodies of the National Library set up and persons appointed before entry into force of this Act shall conduct their activities until expiry of their authorities.

(4) The administrator of state assets appointed by the Government of the Republic shall give the movable property that is in the possession and use of the National Library and is necessary for its operations to the ownership of the National Library within six months from entry into force of this Act. The immovable property that is in the possession and use of the National Library shall be transferred to the National Library pursuant to the procedure established in the State Assets Act (RT I 1995, 22, 327; 1996, 36, 738; 40, 773; 48, 942; 81, 1446; 1997, 45, 724; 1998, 30, 409).

(5) In this Act, buildings, their physical shares and structures until entry in the land registry of the plot of land under them and necessary for their servicing shall be deemed to be immovable property.

§ 19. Repeal of Act

The National Library of Estonia Act (RT I 1994, 31, 495; 1996, 49, 953) shall be repealed.

Vice-President of the Riigikogu Ants KÄÄRMA