Statutes of the National Library of Estonia
Issuer: Riigikogu
Type of legal instrument: Act
Type of text: original text-single text
Date of entry into force of the revised version: 01 April 2011
Expiry date of the revised version:
Publication citation: RT I, 09 March 2011, 4
Proclaimed by the President of the Republic
Resolution No 850 of 03 March 2011
National Library of Estonia Act
Passed 22 February 2011
Chapter 1
General Provisions
§ 1. Scope of application of Act
(1) This Act provides for the legal status, objective, functions, governance, financing and state supervision of the activities of the National Library of Estonia (hereinafter The National Library).
(2) The provisions of the Administrative Procedure Act shall apply to the administrative proceedings stipulated in this Act, taking account of the differences of this Act.
§ 2. Legal status of National Library
(1) The National Library is a legal person governed by public law, which operates pursuant to this Act, other legislation and its statutes.
(2) The statutes of the National Library shall be approved by the Supervisory Board of the National Library (hereinafter Supervisory Board).
(3) The National Library shall be registered in the state register of state and local government agencies pursuant to the procedure provided for in the statutes of the register.
(4) The activities of the National Library shall be terminated by an Act.
§ 3. Objective of National Library
(1) The objective of the National Library is to increase the initiative, awareness and sense of responsibility based on knowledge and access to information in the society, to enhance the state and promote the common European values, culture and democracy.
(2) In achieving its objective, the National Library shall be guided by the recommendations of UNESCO for national and parliamentary libraries.
§ 4. Functions of National Library
(1) The functions of the National Library as a national library include:
1) the collection, permanent preservation of and granting access to the information carriers published in Estonian, in Estonia and about Estonia or the information carriers containing information about Estonia;
2) the state bibliographic registration of Estonian information carriers in the national bibliography database and granting access to the national bibliography database;
3) the coordination of cooperation in the area of compiling the retrospective Estonian national bibliography;
4) the collection and presentation of the statistical data related to printed matter and libraries;
5) acting as a national agency of the International Standard Book Number system (ISBN), the International Standard Serial Number system (ISSN) and the International Standard Music Number system (ISMN);
6) participation in international cooperation.
(2) The functions of the National Library as a parliamentary library include:
1) the acquisition, preservation, processing, analysing and granting access to information for the Riigikogu, the Chancellery of the Riigikogu, the Government of the Republic, the ministries and the State Chancellery, and preparation of publications;
2) operating as a deposit library of international organisations in compliance with international agreements;
3) compiling and granting access to the Estonian legal bibliography.
(3) The functions of the National Library as the humanities and social sciences library include the collection, preservation, processing, analysing and granting access to the information related to humanities and social sciences.
(4) The functions of the National Library as a research and development organisation include:
1) the research and development in the area of librarianship, information science, library science, bibliology, bibliography and related areas; the provision of relevant consultations to Estonian libraries, organising of professional training for librarians and participation in the international and national scientific, development and cooperation programmes;
2) the development and adapting of standards regulating librarianship and the related areas in cooperation with the standards organisations;
3) the development of information technology in order to make the information assets of the National Library generally accessible;
4) the development of preservation technologies of information carriers;
5) the coordination of the professional cooperation of the library network with the ministries that have libraries in their area of subordination.
(5) The National Library shall perform other functions pursuant to this Act, other legislation and the statutes of the National Library.
§ 5. Collections and databases
(1) The collections and databases of the National Library are an integral whole, they are indivisible and are a part of the public information resource of Estonia.
(2) The use of the collections and databases shall be regulated by the Rules for Users of the National Library approved by the Supervisory Board of the National Library.
§ 6. Public services
(1) The public services of the National Library pursuant to this Act include the generally accessible information services provided in the reading rooms, as network services and via other libraries. The public services shall not contradict the objectives and functions of the National Library and shall serve the public interest.
(2) The use of information carriers in the collections of the National Library is free; other services may be rendered for a fee. The Supervisory Board shall approve the list of fee-charging services.
(3) The amounts of fees for services shall be determined according to the principle of cost-oriented accounting by the directive of the Director General of the National Library (hereinafter Director General).
(4) The following services shall be free for the members of the Riigikogu and the Chancellery of the Riigikogu:
1) making photocopies of the information carriers of the collections and databases of the National Library in compliance with the Copyright Act;
2) arranging the interlibrary lending between libraries;
3) the bibliographical and information-analytical services.
§ 7. Rules for Users of Library
(1) The basis and procedure for registering as a reader of the National Library, the organisation of the use of collections and services, the internal procedure rules and the readers’ liability shall be established in the Rules for Users of the National Library of Estonia.
(2) In order to ensure the preservation of material assets and security, the Rules for Users may prescribe:
1) limitations regarding items taken to the reading area;
2) obligation of the visitors to present the belongings for examination upon entering and leaving the reading area.
(3) Any person who agrees to comply with the conditions of the Rules for Users may be registered as a reader of the National Library.
Chapter 2
Management
§ 8. Supervisory Board
(1) The highest governing body of the National Library is the Supervisory Board which consists of seven members.
(2) On the proposal of the Cultural Affairs Committee of the Riigikogu, the Riigikogu shall designate three members of the Riigikogu and two recognised experts of the working areas of the National Library to the Supervisory Board with the term of office of four years.
(3) One member with the term of office of four years shall be designated by the Minister of Culture.
(4) The Director of the Chancellery of the Riigikogu shall belong to the Supervisory Board by virtue of office.
(5) After the termination of the term of office of the members of the Supervisory Board, the members shall continue their activities until the entry into force of the resolution of the Riigikogu about the designation of new members of the Supervisory Board, but they shall refrain from taking decisions specified in § 10 (1) 1)-5), 7) and 12)-14) of this Act, if this is not strictly necessary.
(6) Upon justified grounds, the Riigikogu or the Minister of Culture may remove a member designated by them before the termination of his or her term of office.
(7) Upon the removal of a member of the Supervisory Board, upon the resigning at his or her own request or exclusion due to death, a new member of the Supervisory Board shall immediately be designated instead of him or her for the time remaining until the end of the term of office of the substituted member of the Supervisory Board.
§ 9. Chairperson and Deputy Chairperson of Supervisory Board
(1) The Chairperson and Deputy Chairperson shall be elected from among the members of the Supervisory Board at the first session of the new membership of the Supervisory Board. The oldest member of the Supervisory Board shall perform the tasks of the Chairperson of the Supervisory Board until the Chairperson and Deputy Chairperson of the Supervisory Board are elected.
(2) The Chairperson and Deputy Chairperson of the Supervisory Board shall be elected by a majority of the membership of the Supervisory Board. The Supervisory Board may remove the Chairperson of the Supervisory Board by a majority of the membership of the Supervisory Board.
(3) The Chairperson of the Supervisory Board shall:
1) organise the work of the Supervisory Board;
2) chair the sessions of the Supervisory Board;
3) supervise the performance of the resolutions of the Supervisory Board;
4) conclude a contract with the Director General;
5) represent the Supervisory Board.
(4) In the absence of the Chairperson of the Supervisory Board, the Deputy Chairperson shall perform his or her functions and have the rights of the Chairperson.
§ 10. Competence of Supervisory Board
(1) The Supervisory Board shall:
1) approve the statutes of the National Library and the Rules for Users of the National Library;
2) approve the directions and reports of the development and of the activities and management of the National Library;
3) approve the budget of the National Library;
4) elect the Director General by way of public competition, approve the amount of the remuneration of the Director General and the payment procedure;
5) approve the internal organisation of the National Library and the bases for the remuneration of the employees;
6) approve the application of the National Library for financing its expenditure from the state budget;
7) approve the annual report of the National Library;
8) ensure the implementing of the internal audit system and the arrangement of internal auditor’s professional activity in the National Library;
9) approve the rules of procedure for the internal auditing of the National Library and the annual work schedule, and hear the report of the internal auditor;
10) hear the reports of the Director General, the Directors and Managers of structural units;
11) assess the activities of The National Library;
12) approve the procedure for the possession, use and disposal of the assets of the National Library;
13) decide on the establishment or acting as a member of foundations and non-profit organisations;
14) decide on taking a loan or other debt obligation in the amount exceeding EUR 30,000;
15) approve the procedure for the maintenance, access to and use of the information of the national bibliography database;
16) approve the list of fee-charging services of the National Library;
17) decide on other issues not mentioned in this section, which the members of the Supervisory Board or the Director General have submitted to the Supervisory Board for obtaining an opinion.
§ 11. Operational expenditure of Supervisory Board and remuneration of members of Supervisory Board
(1) The operational expenditure of the Supervisory Board and the remuneration of the members of the Supervisory Board shall be covered from the budget of the National Library.
(2) The remuneration shall be paid to the members of the Supervisory Board in the extent of two monthly minimum salaries a year, according to their participation in the meetings.
§ 12. Supervisory Board meeting
(1) The Supervisory Board meetings shall take place according to necessity but not less frequently than four times a year.
(2) The Chairperson of the Supervisory Board shall call and chair the meetings.
(3) The Supervisory Board shall have a quorum if at least four of its members participate in the meeting, including the Chairperson of the Supervisory Board.
(4) The Director General shall participate in the meetings with the right to speak.
(5) The resolutions of the Supervisory Board shall be adopted by the majority vote of the members of the Supervisory Board participating in the meeting. In case of equal distribution of votes, the vote of the Chairperson shall be the deciding vote.
(6) Minutes shall be taken of the Supervisory Board meetings. All members of the Supervisory Board who took part in the meeting and the person who took the minutes shall sign the minutes. The list of the members of the Supervisory Board participating in the meeting shall be recorded in the minutes.
(7) The resolutions of the Supervisory Board shall be devised as administrative documents and signed by the Chairperson of the Supervisory Board.
(8) The resolutions of the Supervisory Board shall be disclosed at the homepage of the National Library.
§ 13. Adoption of resolutions of Supervisory Board without calling a meeting
(1) The Supervisory Board shall have the right to adopt a resolution without calling a meeting, if at least four members of the Supervisory Board agree to it, including the Chairperson of the Supervisory Board.
(2) The Chairperson of the Supervisory Board shall send the draft resolution specified in subsection 1 of this section to all members of the Supervisory Board and determine the deadline within which each member of the Supervisory Board shall respond in a format which can be reproduced in writing whether he or she is in favour of or opposed to the resolution. The deadline cannot be shorter than two days. If a member of the Supervisory Board does not respond within the determined deadline whether he or she is in favour of or opposed to the resolution, he or she shall be deemed not to have participated in the voting.
(3) The resolution of the Supervisory Board passed according to the procedure provided for in this section shall be adopted, if more than half of the members of the Supervisory Board are in favour, unless the law stipulates a greater majority requirement.
(4) Minutes shall be prepared about the adoption of the resolutions of the Supervisory Board according to the procedure provided for in this section and approved by the Chairperson of the Supervisory Board. The names of members of the Supervisory Board who participated in the vote, the adopted resolutions with the results of the vote and other significant circumstances shall be recorded in the minutes. The consents of the members of the Supervisory Board to adopt the resolution without calling a meeting and the written opinions of the members of the Supervisory Board about the resolution of the Supervisory Board shall be recorded in the minutes.
§ 14. Liability of member of Supervisory Board
(1) A member of the Supervisory Board shall perform his or her functions in a loyal manner with respect to the National Library and exercise a necessary level of diligence of a member of the Supervisory Board.
(2) The members of the Supervisory Board who cause damage to the National Library through the violation of their obligations shall be solidarily liable for the compensation of the damage caused.
(3) A member of the Supervisory Board shall be relieved from the liability, if he or she proves that he or she has performed his or her obligations with the necessary diligence of a member of the Supervisory Board or if he or she maintained a dissenting opinion in the adoption of a resolution which was the basis for illegal activity, and the dissenting opinion has been recorded in the minutes or that he or she did not participate at the Supervisory Board meeting with a good reason when this resolution was adopted.
(4) The limitation period for submission of claims against a member of the Supervisory Board shall be five years.
§ 15. Director General
(1) The Director General governs and represents the National Library.
(2) The Director General shall:
1) approve the rules for the organisation of work and the procedure of operations of the National Library;
2) conclude the employment contracts with the employees of the National Library;
3) ensure the preparation of the draft budget and financing application of the National Library;
4) ensure the execution of the budget of the National Library and the preparation of annual report and its submission to the Supervisory Board;
5) on behalf of the National Library and within the limits of his or her official duties, perform transactions with third parties;
6) submit the yearly activity report of the National Library to the Ministry of Culture;
7) solve other issues in his or her competence according to the statutes of the National Library.
(3) The Director General shall be accountable to the Supervisory Board.
§ 16. Election, release from office and remuneration of Director General
(1) The Supervisory Board shall elect the Director General for five years with the majority vote of the members of the Supervisory Board participating in the meeting.
(2) A public competition shall be arranged for the election of the Director General according to the procedure prescribed by the statutes of the National Library.
(3) A contract which determines the rights and obligations of the Director General, the remuneration paid to him or her and other terms and conditions necessary for his or her activities shall be concluded with the Director General. The Director General and the Chairperson of the Supervisory Board shall sign the contract.
(4) In determining the amount of the remuneration, the total amount of payments made to the Director General shall be in reasonable accordance with the functions of the Director General.
(5) Additional remuneration may be paid to the Director General considering the performance of his or her work. The size of this remuneration shall be justified and shall not exceed four monthly salaries of the Director General during one financial year.
(6) Based on a decision of the Supervisory Board, the Director General may be paid a termination-of-contract compensation, if the Director General is removed from office before the end of the term of office specified in § 16 (1) of this Act. The total amount of the compensation shall not exceed four monthly salaries paid to the Director General. The compensation shall not be paid, if the Director General is removed due to a grave error in management or violation of this Act or other legislation.
(7) The Director General shall be released from office prematurely:
1) if the Supervisory Board has expressed no confidence in the Director General by a two-thirds majority of its membership;
2) at his or her own request.
§ 17. Liability of Director General
(1) The Director General shall act in a loyal manner, exercise a necessary level of diligence and act to the highest benefit with respect to the National Library, and prevent the occurrence of damage to the assets of the National Library.
(2) The Director General shall be liable for the damage caused to the National Library due to the violation of his or her obligations. The Director General shall be released from liability in case he or she has acted according to the legitimate resolution of the Supervisory Board.
(3) The limitation period for submission of claims against the Director General shall be five years.
Chapter 3
Assets and financing
§ 18. Assets
(1) The National Library shall possess, use and dispose of its assets in order to perform its functions based on this Act and the procedure provided therein for the possession, use and disposal of the assets.
(2) The National Library shall not have the right to:
1) secure the obligations of other persons with its assets;
2) grant loans, make sponsor or other monetary donations;
3) be a founder, partner or shareholder of a company.
(3) The National Library shall transfer assets not necessary for the performance of the functions of the National Library based on a resolution of the Supervisory Board.
(4) The consent of the Government of the Republic is necessary for transferring immovable property belonging to the National Library and taking an obligation exceeding the amount of EUR 60,000.
(5) The National Library shall have the right to establish non-profit legal persons and become a member of such non-profit legal persons whose activities are not in conflict with the objectives of the National Library.
§ 19. Financing
(1) For the financing of its activities, the National Library shall use the means received from the state budget, from the sale of products, services and assets, from the financing of projects intended for specific purposes and from other sources.
(2) The Director General shall dispose of the financial means according to the budget of the National Library approved by the Supervisory Board.
(3) A contract for the use of allocations from the state budget shall be concluded between the National Library and the Ministry of Culture in order to receive support from the state budget for the performance of the functions arising from this Act.
§ 20. Budget
(1) A budget reflecting all the revenue and expenditure of the National Library shall be prepared. If necessary, a supplementary budget of the National Library may be adopted during a financial year, increasing or decreasing the revenue and expenditure of the National Library.
(2) The revenue received outside the state budget shall be used for covering the expenditure through the budget of the National Library, unless this is restricted by law or special conditions are set for the received revenue.
Chapter 4
Reporting and supervision
§ 21. Reporting
(1) The National Library shall keep the records of accounting and statistics about the use of its assets and means pursuant the procedure established by law.
(2) After the end of a financial year, the National Library shall prepare the annual report pursuant to the procedure provided by law and shall submit it immediately to the auditor undertaking.
(3) The National Library shall submit the annual report and the sworn auditor’s report for the approval to the Supervisory Board within four months after the end of a financial year.
(4) The annual report of the National Library shall be disclosed after it is approved by the Supervisory Board at the homepage of the National Library.
§ 22. State supervision
(1) The National Audit Office shall supervise the activities of the National Library according to the National Audit Office Act.
(2) The Supervisory Board shall submit to the Riigikogu a written report of its activities once a year.
Chapter 5
Implementation of Act
§ 23. Transitional provisions
(1) The Director General shall ensure that the statutes of the National Library are brought into conformity with the requirements of this Act within three months after the entry into force of this Act.
(2) The term of office of the members of the Supervisory Board of the National Library designated before the entry into force of this Act shall be terminated upon the entry into force of this Act. The members of the Supervisory Board shall continue performing the functions of the members of the Supervisory Board until the resolution of the Riigikogu about designating new members shall enter into force.
(3) The employment contract concluded with the Director General in office upon the entry into force of this Act shall be valid until the arrival of the term provided for in the employment contract or a premature termination of the contract.
§ 24. Repeal of Act
The National Library of Estonia Act (RT I 1998, 34, 488; 2009, 48, 324) shall be repealed.
§ 25. Entry into force of Act
This Act shall enter into force on 1 April 2011.
Ene Ergma
President of the Riigikogu
The National Library will be closed on 29-30 March.
On 1 April the Library will open at 16.00.
