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RS 432.21 Federal Law of 18 December 1992 on the Swiss National Library (National Library Act, LBNS)

Original Language Title: RS 432.21 Loi fédérale du 18 décembre 1992 sur la Bibliothèque nationale suisse (Loi sur la Bibliothèque nationale, LBNS)

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432.21

Federal Law on the Swiss National Library

(National Library Act, LBNS)

18 December 1992 (State 1 Er January 2012)

The Swiss Federal Assembly,

Having regard to the Federal Council message of 19 February 1992 1 ,

Stops:

Section 1 Purpose

Art. 1

This Law regulates the tasks and organization of the Swiss National Library (National Library).

Section 2 National Library Activities

Art. 2 Mandate

1 The National Library's mandate is to collect, catalogue, preserve, make accessible and publicize information printed or stored on other media than paper, having a link with Switzerland.

2 It lists and maintains the list of data banks that are linked to Switzerland and which are accessible to the public.

3 It contributes to the development of library science at the national and international level.

Art. 3 Collection Mandate

1 The National Library collects information that is printed or stored on other media than the paper, which:

A.
Appear in Switzerland;
B.
Refer to Switzerland, its nationals or its inhabitants, or
C.
Are created, in whole or in part, by Swiss authors or by foreign authors linked to Switzerland.

2 In fulfilling its collection mandate, the National Library works with associations of publishers and producers. It concludes, if possible, with these associations of agreements guaranteeing the acquisition of printed matter and other information materials.

Art. 4 Setting the collection mandate

1 The Federal Council sets out in detail the collection mandate of the National Library and adapts it to new developments.

2 It may exclude print and other information materials from the mandate:

A.
That are collected and made available to the public by another institution;
B.
Which are of minor importance to Switzerland;
C.
That are intended for a restricted circle of persons or are intended for essentially private use.
Art. 5 Access to collections

The National Library facilitates public access to its collections, including its reading rooms and the loan service.

Art. 6 Swiss Literary Archives

1 The National Library manages the Swiss Literary Archives.

2 The task of the Swiss Literary Archives is to acquire, collect, list and make available to the public the funds and personal archives of persons who are Swiss nationals or who are related to Switzerland. The work is important to the cultural and intellectual life of the country.

Art. 7 List of databases

The National Library maintains and maintains the list of publicly available data banks:

A.
Which are managed in Switzerland;
B.
Which are managed abroad, but contain data of particular importance to Switzerland.
Art. 8 Benefits

The National Library provides benefits in the area of information dissemination. It can accept library research or documentation mandates.

Art. 8 A 1 Trade Benefits

1 The National Library may provide commercial benefits to third parties provided that these benefits meet the following conditions:

A.
They are closely linked to its core tasks;
B.
They do not interfere with the performance of its core tasks;
C.
They do not require significant additional material and human resources.

2 Commercial benefits are provided at prices which at least cover the costs calculated on the basis of cost accounting. The Federal Department of the Interior may authorise derogations for certain benefits provided that they do not compete with the private sector.


1 Introduced by ch. 2 of the Annex to the LF of 18 June 2010, in force since 1 Er Jan 2011 ( RO 2010 5003 ; FF 2009 6525 ).

Art. Other activities

The Federal Council may entrust the National Library with other activities that fall within the scope of its mandate.

Art. 10 Cooperation and coordination

1 In carrying out its tasks, the National Library works in collaboration with other institutions, both Swiss and foreign, which carry out similar activities; in doing so, it takes particular account of the institutions which Are active in the fields of audiovisual and other new information media.

2 It strives to establish a division of labour.

3 In close collaboration with other major public libraries, it provides coordination tasks, particularly in the area of library automation.

Section 3 Fees

Art. 11

1 The National Library may collect emoluments in return for the benefits it provides.

2 The Federal Council shall fix the subject matter and the amount of the fees.

Section 4 Financial assistance and relations with other institutions

Art. 12 Financial assistance

1 The Confederation may allocate financial assistance to the public institutions of the cantons and municipalities which work in collaboration with the National Library and which:

A.
... 1
B.
Possess and supplement large inventories of printed matter or other information material falling under the mandate.

2 The payment of financial aid may be subject to the obligation to make available to the public the information printed or stored on other media than the paper acquired or produced with the aid of the Confederation.

3 Financial assistance may also be granted under a benefit contract in accordance with Art. 16, para. 2, of the Act of 5 October 1990 on subsidies 2 . 3


1 Repealed by c. II 1 of the Annex to the PMQ of 11 Dec. 2009 on the encouragement of culture, with effect from 1 Er Jan 2012 ( RO 2011 6127 ; FF 2007 4579 4617).
2 RS 616.1
3 Introduced by ch. II 1 of the Annex to the PMQ of 11 Dec. 2009 on the encouragement of culture, in force since 1 Er Jan 2012 ( RO 2011 6127 ; FF 2007 4579 4617).

Art. 13 Institutional links

1 The Confederation may exceptionally resume and attach to the National Library, on their request, institutions that have important collections of information printed or preserved in other formats than paper, respondent The collection mandate.

2 The Federal Council decides on the recovery.

Section 5 Commission

Art. 14

1 The Federal Council appoints a committee of the Swiss National Library (committee) comprising nine members.

2 The Commission:

A.
... 1
B.
Follows the development of the library;
C.
May make proposals to the Federal Department of the Interior in the area of library science;
D.
Gives its opinion on draft legislation relating to the activities of the National Library or is likely to influence them;
E.
Encourages cooperation in library science.

3 The Commission must be consulted before important decisions on library science are made.


1 Repealed by c. II. 21 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).

Section 6 Final provisions

Art. 15 Executing

1 The Federal Council shall apply this Law. It lays down the implementing provisions.

2 It may enter into international cooperation agreements relating to the activities of the National Library.

Art. 16 Repeal of the law in force

The Federal Law of 29 September 1911 on the Swiss National Library 1 Is repealed.


1 [RS 4 193 204 art. 3 para. 2]

Art. 17 Referendum and entry into force

1 This Act is subject to an optional referendum.

2 The Federal Council shall fix the date of its entry into force.


Date of entry into force: 1 Er June 1993 2


RO 1993 1773


1 FF 1992 II 1421
2 ACF of May 21, 1993


State 1 Er January 2012