Pursuant to Article 112 paragraph 1 Item 2 of the Constitution of the Republic of Serbia, I hereby pass the
DECREEON THE PROMULGATION OF THE LAW ON OLD AND RARE LIBRARY MATERIALS
This is to promulgate the Law on Old and Rare Library Materials, passed by the National Assembly of the Republic of Serbia at the sitting of the Sixth Extraordinary Session in the year 2011, on 14th July 2011.
Number 75
Belgrade, 15th July 2011
President of the Republic,
Boris Tadić, sgd.
LAWON OLD AND RARE LIBRARY MATERIALS
(Official Gazette of RS, No. 52/11)
The basic text came into force on 23rd July 2011, and has been implemented as of 24th January 2012
I BASIC PROVISIONS
Scope of the Law
Article 1
This law shall govern the protection of old and rare library materials as part of cultural heritage, their keeping, preparation and processing, as well as the conditions and the manner of their use.
General Interest
Article 2
(1) Old and rare library materials are part of cultural heritage of special interest for the Republic of Serbia, and as such they are accorded special protection, which is determined by the law that governs the area of culture, this law and other regulations regardless of their owners (i.e., regardless of whose possession they are in) and whether they are registered and recorded.
2) The protection of old and rare library materials is an activity of general public interest.
Terms
Article 3
The terms in this law which denote positions, professions (i.e. occupations) and which are expressed in the male grammatical gender include the male and female natural genders of persons they pertain to.
Responsibilities of Competent Bodies
Article 4
The Republic of Serbia, autonomous province (i.e. local self-government unit) have the obligation to protect and keep old and rare library materials as cultural heritage of general public interest and to secure appropriate facilities and professional management for them, as well as the provision of services to the people.
Tasks of General Public Interest in the Protection of Old and Rare Library Materials
Article 5
(1) The general public interest in the protection of old and rare library materials, in terms of this law, includes:
1) finding, collecting, keeping, protecting, and use of materials;
2) studying and evaluating materials;
3) categorizing and keeping registries;
4) processing materials and producing catalogues with the application of appropriate international standards for bibliographic and catalogue descriptions;
5) providing professional assistance to owners;
6) professional supervision;
7) producing professional instructions;
8) developing and enhancing professional efforts that pertain to their protection;
9) undertaking protective measures (preventive protection, microfilming, digitalization, preservation, restoration);
10) handling the conditions, manner of use and presentation of materials;
11) researching and publishing scientific and trade publications about materials, as well as publishing materials;
12) securing the availability of materials and presenting them before the public in the country and abroad;
13) professional training and developing for employees;
14) producing a plan of protection in case of emergency;
15) other tasks that pertain to the protection of materials determined by this law, regulations based on this law and other regulation.
(2) Tasks of general public interest in the protection of old and rare library materials from paragraph 1 of this Article shall be performed by the National Library of Serbia, Matica srpska Library and libraries designated by a decision of the minister in charge of culture (hereinafter referred to as: designated libraries), as proposed by the National Library of Serbia and the Matica srpska Library.
Old and Rare Library Materials and Property
Article 6
(1) Old and rare library materials can be in all forms of property.
(2) Ownership of old and rare library materials can be limited only if that is in general public interest, in accordance with the law.
(3) Positive prescription of ownership of old and rare library materials in public ownership is not possible.
(4) Old and rare library materials that have been abandoned or that have lost their legal successor are considered to be in public ownership.
(5) Old and rare library materials whose owners are not public libraries, but are other legal and natural persons (museums, archives, institutes, Serbian Academy of Sciences and Arts, Serbian Orthodox Church, religious communities, and other organizations) are accorded protection in accordance with the provisions of this law.
IICRITERIA FOR THE EVALUATION AND CATEGORIZATION OF OLD AND RARE LIBRARY MATERIALS
Criteria for the Evaluation of Old and Rare Library Materials
Article 7
(1) Old and rare library materials represent cultural assets.
(2) Old and rare library materials consist of:
1) old Serbian books:
(1) manuscripts in the Serbian recension of Old Church Slavonic and in the Serbian language of the Old Church Slavonic period until and including the 18th century, as well as manuscripts created up to the year 1867 in the Serbian recension of Old Church Slavonic, Russian recension of Old Church Slavic (in Serbian use), Slavoserbian, and the Serbian vernacular.
(2) printed books, periodicals and other publications published in the Serbian recension of Old Church Slavonic, Russian recension of Old Church Slavic (in Serbian use), Slavoserbian, and the Serbian language, until and including the year 1867.
(3) manuscripts and printed books in foreign languages whose authors were Serbian, until and including the year 1867.
(4) publications of the Ragusan literature, which belong both to Serbian cultural history and Croatian cultural history, until and including the year 1867;
2) old foreign books: manuscripts and printed books published until the year that is set as a criterion according to the regulations of the country of their origin;
3) rare books: publications that have some of the following features:
(1) manuscript books created after the year 1867,
(2) copies of a publication that, due to their special design or contents, are different from the profile of the total print run,
(3) bibliophilic editions by notable authors and bibliophilic editions that have special scientific, historical, cultural, or artistic value,
(4) rare editions from periods of war: 1912-1913, 1914-1918, 1941-1945,
(5) editions with the total print run of less than 100 copies that have special scientific, historical, cultural, or artistic value,
(6) censored, proscribed editions that have been preserved in a small number of copies and that in themselves have great cultural significance,
(7) emigrant editions published outside of the Republic of Serbia and preserved in a small number of copies;
4) special collections:
(1) collections of literary and other manuscripts and archival materials, maps and charts, photographs, engravings, musical scores, posters, electronic publications (including publications on the Internet) and library catalogues and special libraries of notable individuals, i.e., library collections of historical, artistic, scientific, or technical significance, which have been identified as cultural assets in accordance with this law.
(2) museum copies of all printed or electronic publications that the National Library of Serbia and Matica srpska Library receive through mandatory deposit and permanently keep in accordance with the law that governs mandatory deposit.
Criteria for Categorization
Article 8
(1) Old and rare library materials as cultural assets, if they have features of special historical, artistic, scientific, or technical significance, are categorized as the following:
1) cultural asset of outstanding significance;
2) cultural asset of great significance;
3) cultural asset.
(2) Old and rare library materials are designated as cultural assets of outstanding significance, namely:
1) all copies of a manuscript book and other manuscript materials, their parts and fragments, written in Old Church Slavonic or in any of its linguistic recensions, as well as in the Serbian vernacular until the end of 1800;
2) all copies of publications, their parts and fragments printed in the Serbian recension of Old Church Slavonic, Russian recension of Old Church Slavonic (in Serbian use), Slavoserbian, and the Serbian vernacular until the end of 1800, as well as books in foreign languages printed until the end of 1700;
3) all copies of books, periodicals and other old and rare library materials if they have one of the following characteristics:
- they chronicle exceptionally significant cultural or historical events and individuals,
- they have outstanding artistic or aesthetic value,
- they are unique or exceptionally rare or especially representative samples from their periods,
- they are first copies of their kind,
- they are unique for their preserved condition or completeness.
(3) Old and rare library materials are designated as cultural assets of great significance, namely:
1) all copies of a manuscript book or other manuscript materials, their parts and fragments, written in the Serbian recension of Old Church Slavonic, Russian recension of Old Church Slavonic (in Serbian use), Slavoserbian, and in the Serbian vernacular from 1801 until the end of 1867;
2) all copies of Serbian printed publications, their parts and fragments, published from 1801 to 1867;
3) all copies of a manuscript book or other manuscript materials, their parts and fragments, written in foreign languages until the end of 1867, that have special significance for Serbian or world culture, art or history;
4) all copies of a printed book in a foreign language that were created until the year that is set as a criterion for outstanding cultural assets according to the regulations of their countries of origin;
5) other rare library materials that chronicles significant cultural and historical events and individuals and has great significance or represents especially characteristic example for a particular region or period, i.e., that has great significance for scientific or technical development;
6) museum copies, i.e. mandatory copies that are permanently kept in their original form in the National Library of Serbia and in the Matica srpska Library.
(4) Old and rare library materials that are not categorized as cultural assets of outstanding or great significance are cultural assets.
Designation of Old and Rare Library Materials as Cultural Assets of Outstanding and Great Significance
Article 9
(1) Old and rare library materials are designated as cultural assets of outstanding significance by the National Assembly.
(2) Old and rare library materials are designated as cultural assets of great significance by a decision that is rendered by the National Assembly in the performing of its entrusted tasks.
(3) Old and rare library materials are designated as cultural assets of great significance on the territory of the Autonomous Province of Vojvodina by the Matica srpska Library as an entrusted task.
(4) Acts on the designation of old and rare library materials as cultural assets of outstanding significance and of great significance are published in the Official Gazette of the Republic of Serbia.
IIIREGISTERS OF OLD AND RARE LIBRARY MATERIALS
Purpose and Public Availability of Registers
Article 10
(1) Old and rare library materials are recorded in cultural assets registers in accordance with the law.
(2) Registers of old and rare library materials are kept by the National Library of Serbia, Matica srpska Library and designated libraries, in accordance with the provisions of this law.
(3) Registers from paragraph 2 of this Article are made available to the public.
Types of Registers
Article 11
(1) The central register of categorized old and rare library materials in the Republic of Serbia is kept by the National Library of Serbia.
(2) The register of categorized old and rare library materials in the Autonomous Province of Vojvodina is kept by the Matica srpska Library.
(3) The registers of categorized old and rare library materials in the local self-government unit are kept by designated libraries.
(4) The keeping of the registers from paragraphs 1-3 of this Article is carried out as an entrusted task.
(5) The contents and the manner of keeping the registers from paragraphs 1-3 of this Article are prescribed by the minister in charge of culture.
IVRIGHTS AND OBLIGATIONS OF THE OWNERS OF OLD AND RARE LIBRARY MATERIALS IN PUBLIC OWNERSHIP
Rights of the Owners
Article 12
(1) The owner of old and rare library materials in public ownership shall have the right to request from the designated library to record the categorized materials in their possession in the register.
(2) The owner of old and rare library materials in public ownership shall have the right to request from the designated library professional opinion on old and rare library materials that is free of charge and that does not entail special research, conservational or laboratory research, as well as the right to request professional and advisory assistance that is free of charge within the preservation or restoration of materials.
Obligations of the Owners
Article 13
The owners of old and rare library materials in public ownership shall have the obligation to enable the appropriate supervision by authorized persons from the ministry in charge of culture, i.e. from the provincial governing body in charge of culture, and by authorized persons from the National Library of Serbia, Matica srpska Library or another designated library.
Other Obligations of the Owners
Article 14
The owner of old and rare library materials in public ownership shall have the following obligations:
1) to keep and maintain the materials with due diligence;
2) to implement measures of technical protection in a timely manner;
3) to secure the appropriate space and equipment for the storage and protection of the materials;
4) to appoint the person responsible for the protection of the materials and to hire a professional for handling the materials;
5) to keep the materials as a whole, i.e. as a collection or stock;
6) to process, classify and record the materials in registers with the designated library;
7) to notify the designated library of all modifications to the condition of the materials, and no later than 30 days from learning about the occurred modification;
8) to allow scientific and professional research, reproduction and other recordings, as well as the implementation of measures of technical protection on the materials, and to lend the materials to this purpose as required to the designated library and other legal persons for a period of no more than 120 days;
9) to secure the availability of the materials to the public with the purpose to present the materials as cultural heritage and to, as required, lend the materials to the designated library or other institutions for protection for a period of no more than 120 days.
Measures against a Negligent Owner of Materials in Public Ownership
Article 15
(1) If the owner of old and rare library materials in public ownership keeps old and rare library materials unprofessionally, negligently and unmindfully, which may cause damage or destruction of the materials, the designated library shall send the owner a written notification to undertake measures of protection, keeping and professional maintenance of the materials.
(2) If the owner of old and rare library materials in public ownership fails to implement the appropriate protective measures no later than 30 days from the receipt of the written notification from the designated library, the designated library shall immediately inform the National Library of Serbia, i.e., the Matica srpska Library about it.
(3) After receiving the notification from the designated library, the National Library of Serbia, i.e., the Matica srpska Library shall notify the ministry in charge of culture about it in written form no later than eight days.
(4) After receiving the notification from the National Library of Serbia, i.e. from the Matica srpska Library, the ministry in charge of culture shall render a decision within 15 days on the temporary dispossession of the negligent owner of the materials and on the lending of the materials to the National Library of Serbia, i.e. to the Matica srpska Library, with the purpose of the appropriate protection of the materials, whereby the cost of protection shall be borne by the negligent owner.
(5) The decision from paragraph 4 of this Article is final and administrative dispute can be instituted against it.
Measures in Case of Emergency
Article 16
(1) The owner of old and rare library materials in public ownership shall have the obligation to implement all measures of protection in emergencies on the basis of the plan and instructions from the designated library.
(2) In case of emergency, the owner of materials in public ownership shall have the obligation to make records of the day, hour and circumstances that occurred and to notify the designated library about it in written form.
Temporary Lending of Materials
Article 17
(1) The owners of old and rare library materials in public ownership shall have the obligation to cooperate between themselves and to temporarily lend the materials from their stock for purposes envisaged by this law.
(2) If a public library refuses to lend the materials from its stock for purposes envisaged by this law, the ministry in charge of culture shall make a decision on the lending.
Usage Limitations and Bans
Article 18
The owner of old and rare library materials in public ownership shall not:
1) use old and rare library materials in a manner that could lead to their damage or destruction;
2) partition collections of old and rare library materials without the consent of the designated library.
V RIGHTS AND OBLIGATIONS OF THE OWNERS OF OLD AND RARE LIBRARY MATERIALS IN PRIVATE OWNERSHIP
Rights of the Owners
Article 19
(1) The owner of old and rare library materials in private ownership shall have the right to request from the designated library to record the categorized materials in their possession in the register.
(2) The owner of old and rare library materials in private ownership shall have the right to request professional opinion from the designated library on old and rare library materials that is free of charge and that does not entail special research, conservational or laboratory research, as well as the right to request professional and advisory assistance that is free of charge within the preservation or restoration of materials.
Usage Limitations and Bans
Article 20
The owners of old and rare library materials in private ownership shall be subject to the provision of this law that pertain to the usage limitations and bans from Article 18 of this law.
Enabling Access and Insight into Collections
Article 21
The owners of old and rare library materials in private ownership shall have the obligation to enable access and insight into collections of old and rare library materials by authorized persons from the ministry in charge of culture, i.e. from the provincial governing body in charge of culture, and by authorized persons from the National Library of Serbia, Matica srpska Library or another designated library.