Archive Act 1995

Original Language Title: Archiefwet 1995

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Law of 28 April 1995, replacing the Archives Act 1962 (Stb. 313) and in connection therewith, amendment of any other laws

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken the view that developments in the archives sector make it desirable to replace the Archives Act 1962 and to amend any other acts in connection therewith;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter I. General provisions

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Article 1

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For the purposes of this Act and the provisions based thereon, the following definitions shall apply:

  • a. Our Minister: Our Minister of Education, Culture and Science;

  • b. Government body:

    • 1 °. a body of a legal person established under public law; or

    • 2. any other person or college with any official authority;

  • c. Archive documents:

    • 1 °. documents, whether or not in their form, received or drawn up by the public authorities and intended for their nature;

    • 2 °. modest, regardless of their form, by corresponding destination, received or prepared by institutions or persons, whose rights or functions have been transferred to any public authority;

    • 3 °. modest, regardless of their form, which, by virtue of contracts concluded with, or decisions of, institutions or persons or from others, are held in an archive storage place to be held there;

    • 4 °. (ii) reproductions, whatever their form, made by virtue of the law of the archive documents referred to in 1 °, 2 ° or 3 ° or which, pursuant to the provisions of the law, Article 7 have been manufactured;

  • d. 'care support' means the person who, by or under the law, is responsible for the care of the archive documents;

  • e. archive space: a space, intended or designated for the preservation of archive documents in anticipation of their transfer due to Article 12, first paragraph or 13, first paragraph ;

  • f. Store custody place: a custody place designated by or under this law for the permanent preservation of archive documents.


Article 2

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For the purposes of this Act and the provisions based thereon, public bodies shall also include public bodies which are or will be abolished before or after the entry into force of this Act.


Article 2a

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The prohibition of processing personal data referred to in Article 16 of the Personal Data Protection Act , does not apply to processing which is related to:

  • a. The replacement of archiddocuments intended to be replaced by Article 7 ;

  • b. The transfer of archive documents to an archive store intended in the Articles 12 and 13 ;

  • c. the inclusion of archive documents as intended Article 1 (c) (3) , in an archive store, or;

  • d. the management of archives held in an archive store, with the exception of the making available for the purpose of consultation or use of such records.


Article 2b. Reuse

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  • 1 Under-use within the meaning of the Articles 14 and 17 This law is also understood to be the reuse within the meaning of Directive 2003 /98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (PbEG 2003 L 345).

  • 2 The Law Reuse of Public Information shall not apply to archive documents for use transferred to an archive store, unless otherwise provided for in this Act.

Chapter II. Archive documents in general

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Article 3

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The public authorities shall be obliged to keep and preserve the archiving documents held by them in good, orderly and accessible means and to ensure the destruction of the archiving documents which may be eligible for such documents.


Article 4

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  • 1 A scheme whereby public bodies are abolished, merged or split, or where one or more tasks of a public body is transferred to another public body, shall keep a provision in respect of their archive records.

  • 2 An arrangement whereby a temporary public body is established shall keep a provision for the detention of archival documents following his termination.

  • 3 A system of transfer, in whole or in part, to a legal person, of a public body, shall keep a provision on the posting to that legal person of the relevant legal person relating to the tasks relating to those tasks. archive documents, provided that they have not been transferred to an archive store, for a period not exceeding 20 years. That provision shall, at least, include a further determination of the period referred to in the first sentence and a provision on the supervision of the management of the archive documents in question, in accordance with or pursuant to the provisions of this Act.


Article 5

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  • 1 The care carrier is required to design selection lists which specify at least the archive documents that are eligible for destruction.

  • 2 The lists shall be adopted, as far as they are concerned:

    • a. archiviaries of the First and Second Chamber of the States-General, the other High Colleges of State and the Cabinet of the King: by royal decree, upon a proposal from our Minister, in agreement with the relevant government body;

    • b. Archives records of ministries: by Our Minister and Our Minister, who is in the process of co-operation;

    • c. archive documents of other public bodies: by Our Minister.

  • 3 A decision establishing a selection list shall be published in the Official Gazette.


Article 6

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The destruction of archiving documents based on archives may be destroyed by our Minister only after having been authorized by the person, on whose charge these archives are transferred.


Article 7

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The care-holder shall be empowered to replace archives by reproductions with a view to annul the documents thus replaced.


Article 8

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  • 1 The care carrier shall be responsible for the disposal of archiving documents not held in a national archives store, in so far as it relates to:

    • a. archiviaries of the First and Second Chamber of the States-General, the other High Colleges of State and the Cabinet of the King: after a permission granted by the Royal Decree, upon the nomination of Our Minister;

    • b. archive documents of other public bodies: after the authorisation of Our Minister.

  • 2 No authorization shall be required for the transfer of archives as referred to in paragraph 1 if the transfer is effected in implementation of a regulation laid down in any law.

  • 3 To estrangement of archiving documents held in a member of the archives, Our Minister may only proceed to implement a regulation laid down by law or after the authorization of the person, on whose charge these archives are limited. is transferred.


Article 9

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  • 1 In the case of, or under general management, detailed rules on the design of lists as referred to in Article 5 as well as for the replacement and transfer of archivedocuments.

  • 2 Our Prime Minister may lay down rules that may, in the event of exceptional circumstances, derogate from the provisions of this law relating to the destruction of archive documents.


Article 10

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If archiviaries are wrongly based on a public body other than that of the latter, the care holders concerned shall ensure that such documents are to be placed on the premises of the authorities concerned.


Article 11

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  • 1 shall be obliged to assume, within four weeks of receipt of a notification to that effect, to the public body, including those who are not archive, to the State, under which it is to be to reject the risk of such a public body in order to make it possible to produce a reproduction.

  • 2 The public authority shall return the filing documents to the person who has disposed of the archive within four weeks of receipt, even though the public authorities may, on such other documents, be subject to rights by others.


Article 12

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  • 1 The care carrier shall transfer the archive documents which are not eligible for destruction and over twenty years to an archive storage area.

  • 2 In the case of, or under general management, rules shall be laid down, which must be observed in the transfer of archives.


Article 13

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  • 1 The care carrier may transfer archive documents which are not eligible for destruction and be less than twenty years old to an archive store, when, in the opinion of the archive store manager, sufficient reason to make space available for this purpose.

  • 2 A rejection decision under the first paragraph may be reviewed by the person to whom the administrator is immediately subordinated.

  • 3 If archives are still used or consulted by the public body for twenty years or at the request of the care-holder, the suspension of the transfer of such documents may be granted by the public authority. Minister or, in the case of archive documents, for the preservation of which a place other than a national archives store or a provincial archive store is designated, by the Member States.

  • 4 The authorisation referred to in paragraph 3, which may be subject to conditions, shall be granted for a period not exceeding 10 years, at the end of which an extension may be obtained.


Article 14

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Archive documents held in an archive store are, subject to the provisions of the Articles 15 , 16 and 17 -To the public. Without prejudice to any restrictions arising from the powers laid down in those Articles, each shall be entitled to consult, free of charge, and to make copies, extracts, edits and operations, or to bear the costs thereof, free of charge. Make.


Article 15

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  • 1 In the case of the transfer of the Article 1, point C 1 ° and 2 ° , for the purposes of filing records, the care carrier may, after receiving the opinion of the archives store manager, restrict access to the public for a specified period of time and in order to:

    • a. respect for privacy;

    • b. the importance of the State or its allies;

    • (c) otherwise avoid disproportionate advantages or disadvantage of the natural or legal persons concerned, or of third parties.

    To the extent that the administrator of an archive store is a state archivist as intended to Article 26, second paragraph , the opinion, intended in the first sentence, shall be requested to the general public archivist, referred to in Article 2 (1). Article 25, first paragraph .

  • 2 The care carrier may not, after the transfer referred to in paragraph 1, lay down any restrictions as referred to in paragraph 1 after the transfer referred to in the first paragraph, unless it is established after the date of shipment; have had a situation which, they had been known at that time, would have led to the opening of restrictions on public access under the first paragraph.

  • (3) The care-bearer of the archiving documents held in the archiving store may be, after hearing the person on whose charge the archiving documents have been transferred, the restrictions placed on the public pursuant to the first or second members disapplication of, or leave to apply to an applicant, where the importance of the restriction in question does not outweighs its interest to consult or to use the documents documents.

  • 4 The restrictions imposed by the first or second members do not apply to archives aged over seventy-five years, unless our Minister or, if the archives are not responsible for keeping it, have no record of the restrictions imposed on the public. Otherwise decided by Member States other than a national archives store, or a county archives store.

  • 5 The third paragraph shall not apply to archifability of which restrictions have been imposed in view of the interest of the State or its allies.

  • 6 In the case of archive documents relating to the interests of the State or its allies, the fourth paragraph shall apply only to the extent that the Council of Ministers decides otherwise.

  • 7 With respect to the records documents referred to in paragraph 5, arrangements shall apply to the right to information which would apply if the archive documents had not been transferred to an archive storage store.


Article 15a

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Article 16

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  • 1 The openness of the Article 1, point C 3 ° The documents and decisions relating thereto may be limited to such documents as may be provided.

  • 2 If these archive documents from others are included in an archive storage place to rest there, the health-care carrier may put restrictions on public access. The provisions of Article 15 shall apply mutatis mutandis.


Article 17

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  • 1 The administrator of an archive store shall make available to the applicant for consultation or use the archiving documents held there, subject to restrictions on public access and in accordance with the conditions laid down in the Annex. Articles 5 and 6 of the Law Reuse of Public Information .

  • 2 The administrator shall be empowered to reject a request for consultation or use of archibe documents, if, in its opinion, the condition of the archive documents is precluded or cannot be safely entrusted to the applicant.

  • 3 Any partial or partial rejection of a written request for consultation or use shall take place in writing. In the case of an oral request, a rejection shall be made in writing, if the applicant so requests. The applicant shall be informed of this possibility.

  • 4 If the nature or the degree of consultation or use of archive documents constitutes a serious threat to their condition, the administrator shall be empowered to provide that for the place of those archives, reproduction is not limited to archives; Intended in Article 1, point C 4 ° , to be made available.


Article 18

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  • 1 The manager of an archive store is required to lend archive documents to the public body for a specified period of time, including the documents, if they had not been transferred to an archive store, unless they were sent to the archives of archives. His assessment of the situation of the archive documents has been resisted.

  • 2 The administrator of an archive store shall be empowered to lend records to an institution for a specified period of time, subject to limitations imposed on public access, subject to expert management and safekeeping. guaranteed. Conditions may be attached to such a loan.

  • 3 The administrator shall be empowered to reject a request for lending as referred to in paragraph 2, if, in its opinion, the condition of the archives is precluded or cannot be safely entrusted to the applicant.

  • 4 A total or partial refusal of a written request for lending as referred to in the second paragraph shall be made in writing. In the case of an oral request, a rejection shall be made in writing, if the applicant so requests. The applicant shall be informed of this possibility.

  • 5 If the nature or the degree of consultation or use of the archive documents by the loan referred to in the second paragraph constitutes a serious threat to their condition, the administrator shall be empowered to determine that the archives shall be limited to the place of the archive; -reproductions are being lent.

  • 6 The costs associated with the loan may be charged to the applicant.


Article 19

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The care carrier shall, if the cost is intended to Article 14 and in Article 18 (6) , you're charged, rules about those costs. For the costs to be charged is Article 9, first and fourth paragraphs, of the Law for the re-use of public sector information applicable mutatis mutandis.


Article 20

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The administrator of an archive repository shall be empowered to issue copies of an authentic instrument which, under this law, must be retained by him.


Article 21

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  • 1 In the case of, or under general management, rules relating to the sustainability of archive documents to be drawn up by public bodies, relating to the construction, conversion, establishment and change of premises and premises of archive spaces and archive repositories, as well as for the placing in service of buildings or parts of buildings such as archive space or archive storage facilities.

  • 2 In the case of, or under general management, rules may be laid down in respect of the orderly and accessible record and storage of archimedocuments.


Article 22

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In the case of, or under a general rule of administration, rules shall be laid down concerning training up to and obtaining diplomas in archival.

Chapter III. Archive documents of the empire

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Article 23

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  • 1 The First and the Second Chamber of the States-General, the other High Colleges of State, the Director of the Cabinet of the King and Our Ministers shall arrange for their archiviaries, in so far as they have not been transferred to a Row archive store.

  • 3 Our Secretary of State also takes care of the archiviers, which are based in the National Archives.

  • 4 In the case of a general measure of management, rules shall be laid down on the manner in which the care provided for in paragraph 1 is exercised.


Article 24

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  • 2 Our Minister is empowered to impose a charge under administrative duress in case a public body does not follow up a designation as referred to in the first paragraph.

  • 3 Our Minister makes no use of his powers, mentioned in the second paragraph, than after consulting the relevant government body.

  • 4 The jurisdiction, named in paragraph 2, shall not apply to the First and Second Chamber of the States-General, to the other High Colleges of State and to the Cabinet of the King.


Article 25

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  • 1 There is a National Archives, under the orders of our Minister, to the head of which is the general state archivist, who must be in possession of a diploma archivistic.

  • 2 The National Archives is responsible for:

    • (a) the management of archiving records held in the State Archives;

    • b. the performance of tasks assigned to or under general management or by our Minister.


Article 25a

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  • 1 With the monitoring of compliance with, or under the law, certain provisions relating to the management of archive documents, intended for use in the Articles 23, first and second paragraphs , and 41, 1st Member , the officials appointed by the decision of our Minister as chief inspector and inspectors shall be responsible.

  • 2 Of a decision as referred to in paragraph 1 shall be communicated in the Official Gazette .


Article 25b

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  • 1 The Chief Inspector, referred to in Article 25a, first paragraph , it shall communicate to the public authority the findings of the monitoring and of the provisions which are to be taken in view of its opinion.

  • 2. For 1 July, he shall report to our Minister in writing of the findings of the monitoring during the previous calendar year. Our Minister shall transfer this report, together with his position, to the States General.


Article 26

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  • 1 The 's-Gravenhage' is established as the general public archives store, which is intended for the preservation of the archival documents of the public authorities, the functions of which extend or have stretched over the whole of the empire. The general state archivist shall be the administrator.

  • 2 In the capital of each province a national archives store, which is intended for the preservation of the archival records of the constituent organs of the former provincial and departmental administration, is situated in the province. and of the Article 41, first paragraph These public bodies, the functions of which do not extend or have outstretched the whole of the empire. A State archivist, who must be in possession of a diploma archivist, shall be the administrator.

  • 3 By Royal Decree, other store archives may be designated or located than those referred to in the first and second paragraphs.

  • 4 By Royal Decree, archives of public bodies, the functions of which extend or have been extended throughout the realm, may be kept in the archives store in the capital of the province, where these public bodies have been or have been established.

  • 5 By Royal Decree, archive documents of public bodies whose functions extend or have stretched over more than one province but not throughout the realm may be preserved in the general public. Row archive store.

  • 6 Concerning the detention in store archives of archives other than those referred to in the first and second members, our Minister shall decide.

  • 7 Our Minister shall establish the further establishment of the State Archives.

Chapter IV. Archive documents of provinces

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Article 27

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  • 1 In accordance with a regulation to be adopted by the provincial authorities, the records of the archives of the provincial bodies shall be carried out by the Member States.

  • 2 The costs, associated with the exercise of the care provided for in paragraph 1, shall be borne by the province.

  • 3 Our Minister may grant, in special cases, a subsidy for the costs of managing the archiving documents held in the Provincial Archives, if the nature or size of the archiving documents is in his judgment to do so. Give reason.


Article 28

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For the preservation of the land under Article 12, first paragraph , and Article 13, first paragraph , to transfer archive documents from the provincial bodies, the Member States shall designate a county archive repository.


Article 29

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  • 1 The Provincial Archives shall be managed by a Provincial Executive, who shall be held by a diploma of archival or, if no such archivist has been appointed, by the Secretary.

  • 2 With regard to the management of the archive documents of the provincial bodies, to the extent that these archive documents have not been transferred to an archive repository, is, among the orders of the deputed states, with the supervision of observance of the determined by or under this law responsible for the provincial administrative authority. Provincial States shall adopt a regulation in respect of such surveillance.

  • 3 The provincial government shall be appointed, suspended and dismissed by the Member States.

Chapter V. Archime-partirations of municipalities

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Article 30

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  • 1 In accordance with a regulation to be adopted by the Council, which shall be communicated to the Member States, the mayor and aldermen shall carry out the archives of the municipal bodies.

  • 2 The costs, associated with the exercise of the care provided for in paragraph 1, shall be borne by the municipality.

  • 3 Our Minister may grant, in special cases, a subsidy for the costs of managing archiving documents held in the municipal archives, if the nature or size of the archiving documents, in his opinion, is to do so. Give reason.


Article 31

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For the preservation of the land under Article 12, first paragraph , and Article 13, first paragraph The mayor and alderman of the municipal authorities point to the local authority of the municipal archives, to transfer archives from the municipal bodies.


Article 32

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  • 1 The municipal archives store shall be managed by a municipal authority, who must be held by a diploma of archival or, if not such as such, the secretary.

  • 2 As regards the management of the archives of the municipal bodies, to the extent that these documents have not been transferred to an archive storage area, under the orders of the mayor and aldermen, compliance with the supervision of the archives is to be carried out in accordance with the rules of the (i) of the provisions of the municipal council or of the municipal authority under this law. In respect of such surveillance, the Municipal Council shall adopt a Regulation to be notified to Member States.

  • 3 The municipal government shall be appointed, suspended and dismissed by the mayor and aldermen.


Article 33 [ Expired by 01-10-2012]

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Article 34 [ Expired by 01-10-2012]

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Chapter VI. Archiving documents of waterboards

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Article 35

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  • 1 In accordance with a regulation to be adopted by the Board, which shall be communicated to Member States, the Executive Board shall ensure the archive records of the organs of the watership.

  • 2 The costs, associated with the exercise of the care provided for in paragraph 1, shall be borne by the water.

  • 3 Our Minister may, in special cases, grant a subsidy for the costs of managing archiving documents held in the water archives, if the nature or the size of the archiving documents is in his judgment to do so. Give reason.


Article 36

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For the preservation of the land under Article 12, first paragraph , and Article 13, first paragraph The administration shall designate an archive repository to be made available to the archives of the organs of the water.


Article 37

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  • 1 The place of archival shall be managed by a water archivist, who shall be in possession of a certificate of archival or, if no such archivist has been appointed, by the Secretary.

  • 2 With regard to the management of the archive records of the organs of the water, to the extent that these documents have not been transferred to an archive storage area, under the orders of the Executive Board, compliance with the supervision of the management of the organs of the ship is of the case of the water archivist in accordance with or under this law. In respect of such surveillance, the Steering Board shall adopt a Regulation to be notified to Member States.

  • 3 The management of water shall be appointed by the Board, suspended and dismissed.


Article 38

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With regard to the implementation of this Law by the Executive Board, the Articles 124 , 124a , 124c to 124h and Chapter XVII of the Municipal Act applicable mutatis mutandis.


Article 39 [ Expired by 01-10-2012]

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Chapter VII. Archive documents of other public bodies

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Article 40

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  • 1 A scheme as referred to in the Common Arrangements Law ( Stb 1989, 571) also provides for the provision of services to the archives of public bodies or common bodies set up under that scheme.

  • 2 This provision shall be taken as far as possible in accordance with the provisions of this Law.

  • 3 As long as the obligation to make a provision as referred to in paragraph 1 is not fulfilled in the case of a common system, the provisions applicable to the commune may apply mutatis mutandis or, if a provision is made in the is participating in the scheme, for the province, where the established body or body is established.


Article 41

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  • 1 With the care of the archive documents of the public bodies other than those referred to in the preceding Articles, provided that the archive documents have not been transferred to an archive store, is responsible:

    • a. The Executive Board or, in the cases, that there is no daily management, the board:

    • b. In other cases, the person shall be vested with any official authority.

  • 2 In the case of a general measure of management, rules shall be laid down as to how the care provided for in the first paragraph is exercised.

  • 3 The costs incurred in the performance of the care provided for in paragraph 1 shall be borne by the relevant public authority.

Chapter VIII. Penalty provision

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Article 42

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  • 1 He who is at the near Article 11, first paragraph Failure to comply with the obligation imposed shall be penalised by a fine of the second category.

  • 2 The fact of the matter is a violation.

Chapter IX. Transitional and final provisions

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Article 43

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The Archives Act 1962 ( Stb. 313) is hereby repealed.


Article 44

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The provisions governing the entry into force of this Law pursuant to Articles 7 A and 7 B The provisions of the Archives Act 1962 remain in force with regard to public access.


Article 45

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Archive documents held by the public bodies, which at the time of entry into force of this Act are over 20 years of age, shall be placed on the care carrier within a period of 10 years from the date of entry into force of this Law to a Archive store location.


Article 46

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  • 1 The Royal Decree of 28 August 1919 ( Stb. Arrangements for the enforcement of archives of the courts of the courts of first instance and of the peace courts will be maintained until after consultation with the Mayor and the authorities of the European Union. Aldermen of the municipality concerned shall be terminated.

  • 2 The following royal acts of 19 April 1929 ( Stb. 171), 31 May 1929 ( Stb. 269), 6 July 1929 ( Stb. 381) and 24 November 1932 ( Stb. (b) arrangements made between the State and the communes relating to the enforcement of archivedocuments provided for in those Decisions have been maintained until such time as those arrangements have been replaced by a system of estrangement of such documents; archive documents.

  • 3 The archivedocuments transferred to a national archives store pursuant to the royal acts referred to in paragraph 2 shall, at the request of the relevant municipality to dispose of those archives, be made available to that authority. transferred, if so, to be held in accordance with Article 33, second paragraph , approved archive store, managed by a municipal board appointed according to the Article 32, third paragraph -Some of them.


Article 47

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Other than the Article 46 The information provided for in this Regulation shall be maintained until the end of the consultations between the public authorities concerned.


Article 48

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The following Article 3 of the Archives Decision ( Stb. 1968, 200), as this stated before the entry into force of this law, retained lists of archive documents for destruction which have been set aside until they have been replaced by reason of Article 5 selection lists established by this Law.


Article 49

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The permissions granted on the basis of Article 20 of the Archives Decision As this stated before the entry into force of this Act, funds shall continue to apply until they have been replaced by an authorization issued in accordance with Article 13, third paragraph -From this law certain.


Article 50

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Article 51

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Article 52

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Article 53

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Article 54

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Article 55

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Article 56

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Article 57

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Article 58

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Article 59

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Article 60

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Article 61

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Article 62

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Article 63

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Article 64

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Article 65

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Article 66

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Article 67

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Article 68

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Article 69

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Article 70

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Article 71

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Article 72

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Article 73

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Article 74

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Article 75

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Article 76

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Article 77

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Article 78

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Article 79

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Article 80

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Article 81

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Article 82

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Article 83

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Article 84

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Article 85

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In case of placement in the State Sheet the term '19 ..' in this Act shall be replaced by the year of the State Sheet in which this law is placed and the three dots are in the designation contained in this Act ( Stb. ...) shall be replaced by the number of the State Sheet where this law is placed.


Article 86

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This Law shall enter into force on a date to be determined by Royal Decree.


Article 87

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This law may be cited as an archive law, indicating the year of the year. State Sheet where it will be placed.

Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Issued at The Hague, 28 April 1995

Beatrix

The Secretary of State for Education, Culture and Science,

A. Nuis

Published on the thirtieth of May 1995

The Minister of Justice,

W. Sorgdrager