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Law No. 111 Of 21 November 1995 Concerning The Establishment, Organization And Functioning Of The Legal Deposit Of Prints And Other Graphic And Audiovisual Documents

Original Language Title:  LEGE nr. 111 din 21 noiembrie 1995 privind constituirea, organizarea şi funcţionarea Depozitului legal de tipărituri şi alte documente grafice şi audiovizuale

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LEGE no. 111 111 of 21 November 1995 (* republished *) on the legal deposit of documents *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 755 755 of 7 November 2007



____________ Note * *) Republicated pursuant to art. III of Law no. 209/2007 to amend and supplement Law no. 111/1995 on the establishment, organization and functioning of the Legal Deposit of Documents, regardless of the support, published in the Official Gazette of Romania, Part I, no. 467 of 11 July 2007, giving the texts a new numbering. Law no. 111/1995 on the establishment, organization and functioning of the legal deposit of documents, regardless of the support was republished in the Official Gazette of Romania, Part I, no. 119 119 of 7 February 2005. + Chapter I General provisions + Article 1 (1) The legal deposit of documents, hereinafter referred to as the Legal Deposit, shall be constituted and organized. (2) The legal deposit represents the intangible fund of the national mobile cultural heritage. + Article 2 The legal deposit includes the following categories of documents, serial products, whether they are intended for a commercial or free broadcast: a) books, brochures, beams; b) newspapers, magazines, almanacs, calendars and serial publications; c) extracts from serial publications; d) musical scores; e) serial reproductions of albums, graphic art works, plastic, decorative and photographic, as well as illustrated postcards and postcards; f) atlases, flat maps, and relief and globulation, printed plans; g) propagandistic communication materials, having a political, administrative, cultural-artistic, scientific, educational, religious, sports character: programs, announcements, posters, proclamations, boards; h) doctoral theses and summaries thereof, as well as university courses; i) documents in electronic form, on the following type of support: disc, cassette, videocassette, CD, DVD and those on the following type of support: diafilm, slide, microfilm, microfiche; j) publications, having an official character, of central and local public authorities, as well as collections of normative acts; k) standards and technical and operational rules; l) numismatic and philatelic documents; m) any other documents printed or multiplied by graphic or physico-chemical procedures, such as: lithography, photography, phono-and videography, etc., except for those provided in art. 5. + Chapter II Organization of Legal Deposit + Article 3 (1) The legal deposit is organized, centrally, by the National Library of Romania and has as beneficiaries: Library of the Romanian Academy, Central University Library "Lucian Blaga" Cluj-Napoca, Central University Library " Mihai Eminescu "Iasi, Central University Library" Eugen Todoran " Timisoara, National Military Library and Center for Studies and Keeping of Historical Military Archives Pitesti. (2) The legal deposit is organized, at local level, by the county libraries and the Bucharest Metropolitan Library. + Article 4 (1) They are subject to the obligation of reference, as a legal deposit, the documents provided in art. 2 products in Romania, as well as those made abroad by Romanian legal entities or executed for them, whether they are intended for broadcasting in Romania or abroad. (2) The documents provided in art. 2 made abroad by Romanian individuals or executed for them, whether they are intended for broadcasting in Romania or abroad, can be sent as legal deposit. + Article 5 They are not subject to the obligation of reference, as legal deposit, documents with reduced information value agendas, business cards, ferries, correspondence envelopes, administrative-accounting forms, registers, borderos, payment states, boners, headers, mercantilage works-serial products and intended for commercial or free broadcasting, regardless of the material support and the technical process used for their production, editing or dissemination, documents of value documents banking, transport and performance tickets, acts of civil status or of identity, title deeds, artistic and documentary films of long and short film, advertising and commercial advertising material, materials containing state secret information or service secrets. + Article 6 (1) For the documents provided in art. 2, produced in Romania, the obligation to send, as a legal deposit, belongs to the producers: publishing houses, natural or legal persons who carry out documents in their own direction, workshops, houses/recording studios, the National Bank of Romania, The Autonomous Direction "Mint of the State", the National Company "Posta Romana" S.A., as well as other such producers. (2) in the case of documents made abroad by or for Romanian legal persons, the obligation of reference, as a legal deposit, lies with them. + Article 7 (1) They are sent to the National Library of Romania, in copies, the following documents: a) books, with the exception of rare editions and bibliophiles; b) brochures; c) extracts from serial publications. (2) The National Library of Romania retains 3 copies, of which a copy for its own legal deposit, a copy for statistical signage and the elaboration of the current national Bibliography of Romania and a copy for exchange international publications, and distributes a copy of the Library of the Romanian Academy, the Central University Library "Lucian Blaga" Cluj-Napoca, the Central University Library "Mihai Eminescu" Iasi, The Central University Library " Eugen Todoran " Timisoara. (3) The documents provided in par. (1), which refers to the military field, elaborated by natural and legal persons who are not classified in the army, shall be transmitted, in an exemplary, additional to those sent to the National Library of Romania, to the National Military Library and at the Center for Studies and Keeping of the Pitesti Historical Military Archives. + Article 8 (1) The following documents shall be sent to the National Library of Romania, in 6 copies: a) serial publications; b) official publications of central and local public administration authorities, as well as collections of normative acts; c) school textbooks; d) the audiovisual documents stored on disks, tapes, videos, CDs, DVDs; e) documents in electronic form broadcast on disk, CDs, DVDs. (2) The National Library of Romania retains two copies for its own legal deposit and for the elaboration of the current national Bibliography of Romania and distributes one copy to the Library of the Romanian Academy, the Central University Library " Lucian Blaga "Cluj-Napoca, the Central University Library" Mihai Eminescu "Iasi and the Central University Library" Eugen Todoran " Timisoara. (3) The documents provided in par. (1), which refers to the military field, elaborated by natural and legal persons who are not classified in the army, shall be sent, in an exemplary, additional to those sent to the National Library of Romania, to the National Military Library and at the Center for Studies and Keeping of the Pitesti Historical Military Archives. (4) The doctoral thesis is sent, in one copy, to the National Library of Romania, by the Ministry of Education, Research and Youth, and to the Library of the Romanian Academy, by the responsible universities. + Article 9 (1) The following documents shall be sent to the National Library of Romania, in 3 copies: a) musical scores; b) programs, announcements, posters, proclamations, with cultural memory value; c) atlases, albums, flat, embossed and globular maps, printed plans; d) serial reproductions of graphic, plastic, decorative and photographic works, as well as postcards and postcards illustrated; e) microfilms, microfices. (2) The National Library of Romania retains two copies for its own legal deposit and for the elaboration of the current national Bibliography of Romania and distributes a copy to the Library of the Romanian Academy. + Article 10 (1) They are sent to the National Library of Romania, in two copies, the following documents: a) rare editions and bibliophiles; b) printed or multigraphed university courses; c) summaries of doctoral theses; d) standards and technical and operational rules; e) fascicoles. (2) The National Library of Romania holds a copy for its own legal deposit and distributes the other copy to the Romanian Academy Library. + Article 11 They send in one copy to the Library of the Romanian Academy the numismatic and philatelic documents, such as: banknotes, coins, medals and postmarks. + Article 12 In the case of documents referred to in 7 7 para. ((1) and art. 8 8 para. (1), the persons referred to in art. 6 send an additional copy as legal deposit to the county library in the county where they are based, respectively their domicile, and a copy at the Bucharest Metropolitan Library, in order to include the documents G Local legal deposit. + Article 13 (1) The sending of documents as a legal deposit to the libraries provided in art. 7 7 and art. 8-11 is binding. The documents are sent free of charge. (2) The expenses of sending documents as legal deposit sent by the persons referred to in art. 6 shall be ensured by them, and the expenses of dispatch between libraries shall be borne by the libraries that dispatch them, from the amounts provided for in their own budgets. (3) The sending provided in par. ((1) shall be made from the first instalment of circulation, within a maximum of 30 days from the date of occurrence. (4) No printed documents and additional circulation shall be sent. For these they are sent at the end of each year, at the National Library of Romania, global statements of circulation figures. + Article 14 (1) The natural and legal persons who send documents for the Legal Deposit are obliged to enroll in the accompanying documents the following data necessary to identify each copy sent: the author, the title, the circulation, the price and the order number. These data are adapted according to the category of documents sent. (2) On the card copies sent for the Legal Deposit must appear the description of the C.I.P. of the National Library of Romania, as well as the following data: name/name and domicile/headquarters of the manufacturer, month and year of printing, number Standardized international-I.S.B.N., circulation and, in case of printing abroad, the country in which the book was printed. + Article 15 The National Library of Romania is authorized to exercise the function of national agency for Legal Deposit and has, in this capacity, the following tasks: a) ensure national bibliographic control-C.B.N. -on the documents provided in art. 2 2 of this Law; b) draw up the official statistics of the national editions; c) assign the number of Legal Deposit; d) assign the standardized international numbers of I.S.B.N. books -and of the serial publications-I.S.S.N. -and prepares the cataloguing before publication-C.I.P.; e) creates and manages the database of publishing houses based in Romania; f) pursues and controls the way in which natural and legal persons, obliged to make references as legal deposit, comply with this obligation; g) pursues and controls the way in which the beneficiary libraries process, store and preserve the books and other documents received as a legal deposit; h) retain, process, store and preserve, as an intangible fund, one copy of the documents received as a legal deposit and distribute the other copies to the beneficiaries referred to in art. 7 7 and art. 8-10. + Article 16 The beneficiary institutions of the legal deposit specimens shall have the following obligations: a) to receive the materials that are sent to them with this title and to take them into account; b) to process them according to the applicable economic rules; c) to ensure their proper storage, preservation and management; d) order measures to ensure the integrity and security of the materials received; e) to follow the reception of the materials that are intended for them, referring to the National Library of Romania about possible shortcomings. + Chapter III Contraventions and penalties + Article 17 (1) The National Library of Romania, namely the Bucharest Metropolitan Library and the county libraries, control, through their specialized staff, empowered for this purpose, the activity of all natural and legal persons provided in art. 6, regarding the fulfillment of the obligations to submit the documents that are the subject of the Legal Deposit, respectively of the local legal deposits, find the contraventions provided in art. 19 19 para. (1) and apply contravention fines. ((2) The amounts from fines, which come back to the National Library of Romania, to the Bucharest Metropolitan Library, and to the county libraries, as an extra-budgetary income, according to the provisions art. 8 8 para. (3) of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, will be used by them for the purchase of the documents provided in art. 2. (3) The Ministry of Culture and Religious Affairs shall issue special cards for the control personnel referred to in par. ((1). + Article 18 Control of the activity of the producers under the Ministry of Defense and the Ministry of Interior and Administrative Reform, the finding of contraventions committed by them and the application of contravention fines are carried out by the personnel designated by the two ministries. + Article 19 (1) Non-compliance with the obligation to send documents as legally Deposit within the period provided for in art. 13 13 para. (3) constitutes contravention and is sanctioned with contravention fine from 300 lei to 3,000 lei for individuals and from 500 lei to 5,000 lei for legal entities, depending on the sale price of the document or value Documentary. The documents provided in art. 9 9 para. ((1) lit. b). (2) The finding of contraventions and the application of fines shall be made by the staff provided in art. 17 17 para. ((1). ((3) Contraventions are applicable to their provisions Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 20 (1) Within 30 days from the application of the contravention fine for committing the contravention provided in art. 19 19 para. (1), the offenders are obliged to send for the Legal Deposit the documents whose non-transmission was the subject of the contravention. (2) Failure to submit documents according to par. (1) constitutes contravention and is sanctioned with contravention fine between the limits provided in art. 19 19 para. ((1), reduced by half. Provisions of para. (1) are not applicable if the offenders prove that, previously or as of the date of application of the contravention fine for committing the contravention provided in art. 19 19 para. (1), no longer hold the documents whose non-transmission was the subject of the contravention. + Chapter IV Final provisions + Article 21 On the date of entry into force of this Law, the art. 41 41 of Decree no. 17 17 of 14 January 1949 on the editing and dissemination of the book, as well as any other provisions contrary to this law. NOTE: We reproduce below the provisions art. II of Law no. 209/2007 ,, which have not been incorporated into the republished form of Law no. 111/1995 and which continue to apply as own provisions of the Law no. 209/2007 : "" Art. II. -This law shall enter into force within 30 days from the date of publication in the Official Gazette of Romania, Part I. " ----