Pursuant to Article 112 paragraph 1 Item 2 of the Constitution of the Republic of Serbia, I

hereby pass the

DECREE
ON 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.

LAW
ON 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.

II CRITERIA 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.

III REGISTERS 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.

IV RIGHTS 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.
Obligations of the Owners

Article 22
(1) The owner of old and rare library materials in private ownership shall have the
following obligations:
1) to notify the designated library that they are in possession of the materials;
2) to undertake the necessary measures for the secure keeping and protection of the
materials;
3) to prepare the materials and compile their inventory;
4) to allow the authorized person from the designated library to view the materials and
perform protective recording;
5) to adhere to expert advice of the designated library that pertains to evaluation, keeping
and protection of the materials.
(2) If the owner of old and rare library materials in private ownership is unable to prepare
the materials and compile their inventory, the designated library shall have the obligation
to provide the owner with professional assistance.
Availability of Materials in Private Ownership Donated to the Designated
Library

Article 23
Old and rare library materials in private ownership that have been donated to a public
library shall be available for use under the conditions and in the manner prescribed for
materials in public ownership, unless it is specified otherwise by an agreement between
the owner and the designated library.

VI PROTECTION ACTIVITY
Scope of Protection

Article 24
The activity of protecting old and rare library materials is performed by libraries that
have old and rare library materials in their stock and that meet the rest of the
requirements for the performing of the activity of protecting old and rare library
materials.
Measures of Technical Protection

Article 25
(1) The measures of technical protection of old and rare library materials include:
preventive protection, microfilming, digitalization, preservation, and restoration.
(2) The minister in charge of culture shall prescribe the measures of technical protection
of old and rare library materials in detail.
Implementing the Measures of Technical Protection with Owners

Article 26.
Preventive technical protection is implemented at all libraries, as well as with other
owners of old and rare library materials.
Microfilming and Digitalization of Materials

Article 27
(1) Libraries shall have the obligation to microfilm old and rare library materials that
have been designated as cultural assets of outstanding (i.e. great) significance with the
purpose to protect those materials.
(2) Microfilming should be documented and the documentation should be added to the
registers of old and rare library materials by category as an annex.
(3) Libraries shall have the obligation to digitalize categorized old and rare library
materials for usage and presentation.
Preservation and Restoration

Article 28
(1) Preservation and restoration are conducted only at authorized preservation
laboratories and workshops.
(2) The main laboratories and workshops for the preservation and restoration of old and
rare library materials are located in the National Library of Serbia and the Matica srpska
Library.
Implementing the Measures of Technical Protection

Article 29
(1) The measures of technical protection can be implemented only if:
1) conservation tests have been conducted;
2) laboratory tests have been conducted, in the case that conservation tests determined
that they are required;
3) if the methods and techniques of implementing the measures of technical protection
have been determined on the basis of the results of conservation and laboratory tests;
4) if a detailed exposition of the measures of technical protection has been produced.
(2) The implementation of the measures of technical protection and their results are
documented and the documentation becomes an integral part of the registers of old and
rare library materials.
Restitution of Old and Rare Library Materials

Article 30
The National Library of Serbia and Matica srpska Library shall, in cooperation with the
competent government bodies, initiate the restitution of old and rare library materials that
have been alienated from their owners on various grounds and shall be in charge of
implementing the restitution measures.
Production of a Protection Plan in Case of Emergency

Article 31
(1) All public libraries that conduct the protection of old and rare library materials shall
have a protection plan in case of emergency, containing special measures of protection of
old and rare library materials of outstanding (i.e. great) significance.
(2) The protection plan in case of emergency must be in accordance with the protection
and salvation that are determined in accordance with the law that governs procedures in
case of emergency.
Revision and Write-Off

Article 32.
(1) Libraries shall have the obligation to revise the state of old and rare library materials
in their stock.
(2) Old and rare library materials cannot be written off, except in cases envisaged by the
law in accordance with the regulations on the revision and write-off of materials.
Financing of Protection Activity

Article 33
(1) Funds for the realization of general interest in the protection of old and rare library
materials determined by this law are secured within the budget of the Republic of Serbia.
(2) Funds for performing the activities that pertain to the protection, keeping, usage, and
presentation of old and rare library materials of outstanding (i.e. great) significance, as
well as funds for performing the activities pertaining to keeping registers, are secured
within the budget of the Republic of Serbia, autonomous province, i.e. local self-
government unit.
(3) Funds for the protection of other old and rare library materials are secured by the
owners of the materials in accordance with the law.
Supervision of Professional Operation

Article 34
(1) Libraries that have collections of old and rare library materials shall perform the
activities of collection, protection, research, keeping, usage, and presentation of old and
rare library materials in accordance with this law.
(2) Supervision over the professional operation of libraries, institutions and other owners
that own old and rare library materials is conducted by designated libraries.
(3) Supervision over the professional operation of designated libraries that perform the
activity of protection of old and rare library materials is conducted by the National
Library of Serbia and Matica srpska Library.
(4) Supervision over professional operation referred to in paragraphs 2 and 3 of this
Article is conducted as an entrusted task in accordance with the law.
Obligations of Libraries

Article 35
Libraries shall perform the following tasks in their protection of old and rare library
materials:
1) collection, keeping and protecting materials;
2) processing materials and producing an appropriate catalogue;
3) implementing protective measures in cooperation with the designated library;
4) handling the conditions, manner of use and presentation of materials;
5) handling the professional training and development of employees;
6) producing a protection plan in case of emergency;
7) cooperating with other owners of old and rare library materials;
8) performing also other tasks determined by this law, regulations based on this law and
other regulations.
Obligations of Designated Libraries

Article 36
The designated library, along with the tasks referred to in Article 35 of this law, shall also
perform the following tasks:
1) finding and recording materials in care of other owners;
2) studying and evaluating materials;
3) categorizing and keeping registers;
4) providing professional assistance to owners;
5) supervising the professional operation of libraries, institutions and other owners that
own old and rare library materials;
6) implementing the measures of protection of old and rare library materials;
7) securing the availability of old and rare library materials and presenting the materials
before the public in the country and abroad;
8) other tasks that pertain to the protection of old and rare library materials determined by
this law, regulations based on this law and other regulations.
National Library of Serbia
 Article 37
The National Library of Serbia, along with the tasks referred to in Article 35 of this law,
shall also perform the following tasks:
1) keeping the central register of categorized old and rare library materials in the
Republic of Serbia;
2) supervising the professional operation of libraries that conduct the protection of old
and rare library materials;
3) coordinating the operation of the main laboratory and conservation workshop;
4) handling the uniform implementation of international conventions and other
international acts that pertain to old and rare library materials in Serbia;
5) performing the tasks of professional training and development of employees in relation
to the protection of old and rare library materials;
6) performing also other tasks in accordance with the provisions of this law.
Matica srpska Library

Article 38
The Matica srpska Library, along with the tasks referred to in Article 35 of this law, shall
also perform the following tasks:
1) keeping the register of categorized old and rare library materials in the Autonomous
Province of Vojvodina;
2) supervising the professional operation of libraries that conduct the protection of old
and rare library materials on the territory of the Autonomous Province of Vojvodina;
3) coordinating the operation of the main laboratory and conservational workshop on the
territory of the Autonomous Province of Vojvodina;
4) performing the tasks of professional training and development of employees in relation
to the protection of old and rare library materials on the territory of the Autonomous
Province of Vojvodina;
5) performing also other tasks in accordance with the provisions of this law.

VII PROFESSIONAL EXAMS AND PROFESSIONAL TITLES

Work Conditions for the Protection, Keeping and Usage of Old and Rare
Library Materials

Article 39
Persons who perform the professional tasks of protection, keeping and usage of old and
rare library materials in public libraries shall enter into employment, take the professional
exam and obtain professional titles in accordance with the law that governs the library
and information activity.
 Mandatory Professional Development of Employees

Article 40
(1) Employees in libraries who perform the professional tasks of protection, keeping and
usage of old and rare library materials shall have the obligation to continuously develop
in terms of their profession.
(2) Professional development is conducted under the conditions, according to the
programs and in the manner determined by the law that governs the library and
information activity.
(3) Means for professional development are secured by the founder of the library where
the employee is employed.

VIII KEEPING, USAGE AND DISPLAYING OF OLD AND RARE LIBRARY

MATERIALS
Conditions and Manner of Use

Article 41
(1) All users shall have the right to use old and rare library materials that is kept in
libraries under equal terms and conditions.
(2) The minister in charge of culture shall prescribe the conditions and manner of use of
old and rare library materials in detail.
Usage for Scientific Purposes

Article 42
(1) Old and rare library materials from the library’s stock can be used for scientific and
research purposes, for the popularization of science, art and culture.
(2) Old and rare library materials must not be damaged or destroyed.
Usage of Old and Rare Library Materials for Commercial Purposes

Article 43
(1) The use of old and rare library materials for marketing purposes, for making a profit
and for duplication or publishing of documents requires a special permission from the
designated library, with a certain compensation of expenses.
(2) The granting of the permission referred to in paragraph 1 of this Article represents an
entrusted task.
Microfilming, Photographing, Digitalization, Video Recording, and
Photocopying
 Article 44
(1) The user shall have the right to request microfilming or digitalization of parts of
materials with a certain compensation of expenses.
(2) The users shall be prohibited, without the consent of the designated library, to
microfilm, photograph, digitalize, or record on video old and rare library materials that is
kept in a public library, as well as to use lighting devices for this type of recording.
(3) If the designated library gives its consent for the activities referred to in paragraph 2
of this Article, the library whose stock contains the old and rare library materials in
question shall be entitled to appropriate compensation of expenses.
(4) Photocopying of old and rare library materials using copy machines is prohibited.
(5) The designated library shall conduct the activities referred to in paragraph 2 of this
Article as an entrusted task.
Phototype and Digital Issue

Article 45
(1) Owners who produce a phototype (facsimile) issue of a copy of an old and rare library
material of outstanding or great significance shall have the obligation to deposit these
editions at the National Library of Serbia and Matica srpska Library in two copies.
(2) Owners who produce a digital issue of a copy of an old and rare library material of
outstanding or great significance shall have the obligation to deposit this edition at the
National Library of Serbia and Matica srpska Library.
Keeping, Displaying and Loans

Article 46
(1) Old and rare library materials can be kept, displayed and loaned if the rooms where
the materials are kept, displayed or loaned or the location of temporary keeping and
displaying have in place technical measures in accordance with this law and regulations
based on this law, as well as if constant supervision has been secured.
(2) Libraries cannot display old and rare library materials that are not professionally
processed, conserved and inscribed in the register of cultural assets.
(3) Old and rare library materials can be displayed and loaned for displaying with
mandatory previous microfilming and digitalization.
Mandatory Insurance

Article 47
(1) All libraries that are financed from public funds should insure old and rare library
materials with an insurance company.
(2) Old and rare library materials is required to be insured from all kinds of risks for the
duration of displaying outside of the rooms of the library whose stock they are part of.
(3) The funds for mandatory insurance in the case from paragraph 2 of this Article are
secured by the organizer of the exhibition.
Cultural and Educational Activity in the Country and Abroad

Article 48
(1) A public library shall organize exhibitions, lectures, professional and scientific events,
and perform other forms of cultural and educational activities in order to promote interest
and awareness of the general public in relation to the significance of old and rare library
materials as cultural assets.
(2) A public library cooperates in the country and abroad with other cultural institutions,
scientific and related institutions and information and documentation centers in order to
improve the efforts that pertain to the protection, keeping and presentation of old and rare
library materials as cultural assets.

IX IMPORT, EXPORT AND SALE

Import and Export of Materials

Article 49
(1) Old and rare library materials of foreign origins are permitted to be imported in
accordance with international conventions and the legislation of the exporter’s country.
(2) Old and rare library materials can be exported (i.e., taken abroad out of the country)
on the grounds of a decision on the permission to export (i.e. take out) from the ministry
in charge of culture, with a previously obtained opinion of the National Library of Serbia,
i.e. Matica srpska Library.
(3) The affairs from paragraph 2 of this Article on the territory of an autonomous
province are carried out by the competent authority of the autonomous province, as an
entrusted task.
Sale

Article 50
(1) Libraries may sell surpluses of old and rare library materials from their stock after the
revision of the condition of their stock.
(2) Before sale, the library shall have the obligation to offer the surplus old and rare
library materials to the National Library of Serbia, i.e. Matica srpska Library.
(3) The funds that are realized by the sale of surplus of old and rare library materials can
be used only for the acquisition of old and rare library materials or for the
implementation of the measures of technical protection of old and rare library materials.
Pre-emptive Right
 Article 51
(1) Public libraries shall have the pre-emptive right to purchase old and rare library
materials.
(2) The owner of old and rare library materials shall have the obligation to offer the
materials first to the library that, within 30 days from the day it received the offer, notifies
the designated library about the offer and its decision about whether to purchase the
offered materials or not.
(3) The designated library shall have the obligation to decide on the proposal of the
library to which the offer has been made no later than 30 days from the day it received
the proposal.
(4) If the offer of the owner of old and rare library materials is not accepted within 60
days from the day the first offer has been made, the owner of the materials can sell them
to another legal or natural person, at a price that cannot be lower than the price that was
offered first.
(5) If the owner of old and rare library materials acts against the provisions of this
Article, the designated library shall have the right to file a complaint to the competent
court and to seek that the purchase agreement be rendered void.
Exchange, Temporary Loan and Fiduciary

Article 52
(1) Public libraries can exchange between themselves old and rare library materials from
their stock in order to form complete stock or collections.
(2) The exchange of old and rare library materials of great and of outstanding
significance can be executed only with the approval of the National Library of Serbia, i.e.
Matica srpska Library.
(3) Public libraries can, with the previously obtained opinion of the National Library of
Serbia (i.e. Matica srpska Library), exchange old and rare library materials also with
other legal or natural persons, if the materials that are being exchanged have equal
scientific, artistic or cultural significance and approximately same market value.
Control of Sale

Article 53
(1) The sale of old and rare library materials can be conducted by legal and natural
persons.
(2) Legal persons (antique shop, book store, auction house, department store, etc.) can
conduct the sale of old and rare library materials if they have been registered for the said
activity in accordance with the law.
(3) Legal and natural persons who deal in the above mentioned sale shall have the
obligation to keep documents about the origin of the of old and rare library materials they
are selling.
(4) The documents from paragraph 3 of this Article must contain personal information
and address of the seller, a short description and the selling price of the old and rare
library materials being sold, and personal information and address of the buyer.
Obligation to Notify and Report Illegally Obtained Materials

Article 54
(1) Legal and natural persons that deal in the sale of old and rare library materials shall
have the obligation to notify within three days in written form the designated library if
they suspect that they have been offered an illegally obtained old and rare library material
and to deliver to the designated library the information about the said material (title and
selling price) and to offer it to the designated library before putting it for sale, in
accordance with the pre-emptive right.
(2) Legal and natural persons that deal in the sale of old and rare library materials shall
have the obligation to immediately notify the competent organizational unit of the
ministry in charge of internal affairs in case they suspect that the old and rare library
material that has been offered for sale has been obtained illegally.

X SUPERVISION
Supervision of Implementation of the Law

Article 55
(1) Supervision of implementing of this law is conducted by the ministry in charge of
culture.
(2) Supervision of performing of the tasks entrusted pursuant to this law is conducted by
the ministry in charge of culture, in accordance with the law that governs the state
government.
3) Supervision of the libraries that perform the tasks of protecting old and rare library
materials is conducted by the ministry in charge of culture, and on the territory of the
Autonomous Province of Vojvodina by the competent provincial body – as an entrusted
task.

XI PENAL PROVISIONS

Article 56
(1) A fine of RSD 100,000 up to RSD 500,000 is imposed for the offence to a legal
person who is the owner of old and rare library materials in public ownership:
1) if they fail to enable the conducting of professional supervision (Article 13);
2) if they fail to keep and maintain the materials in their possession (Article 14 Item 1);
3) if they fail to implement timely measures of technical protection (Article 14 Item 2);
4) if they fail to secure the appropriate space and equipment for the storage and
protection of the materials (Article 14 Item 3);
5) if they fail to appoint the person responsible for the protection of the materials and fail
to hire a professional for handling the materials (Article 14 Item 4);
6) if they fail to keep the materials (i.e. collection or stock) as a whole (Article 14 Item
5);
7) if they fail to process the materials, classify them and record them in the registers of
the designated library (Article 14 Item 6);
8) if they fail to notify the designated library of all changes of the state of the materials,
and no later than 30 days from learning about the occurred change (Article 14 Item 7);
9) if they fail to allow scientific and professional research, reproduction and other
recordings, as well as the implementation of measures of technical protection on the
materials, and fail to lend the materials to this purpose as required to the designated
library and other legal persons (Article 14 Item 8);
10) if they fail to secure the availability of the materials to the public with the purpose of
presenting the materials as cultural heritage and fail, as required, to lend the materials to
the designated library or other legal persons (Article 14 Item 9);
11) if they fail to implement the measure of protection in case of emergency (Article 16);
12) if they attempt to export or take out of the country old and rare library materials
without a decision on the permission to export, i.e. to take out of the country, of the
ministry in charge of culture. i.e. of the competent provincial body (Article 49 paragraphs
2 and 3);
(2) A fine of RSD 20,000 up to RSD 50,000 is to be imposed for the offence referred to in
paragraph 1 of this Article also upon the person responsible with the legal person and the
manager of the government body that is not a legal person.

Article 57
(A fine of RSD 50,000 up to RSD 150,000 is to be imposed for the offence by a legal
person who is the owner of old and rare library materials in private ownership:
1) if they fail to notify the designated library that they are in possession of the materials
(Article 22 paragraph 1 Item 1);
2) if they fail to undertake the necessary measures for the secure keeping and protection
of the materials (Article 22 paragraph 1 Item 2);
3) if they fail to prepare the materials and fail to compile their inventory, or if they fail to
seek assistance from the designated library in case they are unable to perform these tasks
on their own (Article 22 paragraph 1 Item 3);
4) if they fail to allow the authorized person from the designated library to examine the
materials and perform protective recording (Article 22 paragraph 1 Item 4);
5) if they fail to adhere to expert advice of the designated library that pertains to
evaluating, keeping and protecting the materials (Article 22 paragraph 1 Item 5);
6) if they attempt to export or take out of the country old and rare library materials
without a decision on the permission to export, i.e. to take out of the country, of the
ministry in charge of culture. i.e. of the competent provincial body (Article 49 paragraphs
2 and 3).

XII TRANSITIONAL AND FINAL PROVISIONS

Article 58
Old and rare library materials that have been placed under protection according to the
regulations that were in force until the day this law comes into force shall continue to be
under protection also according to the provisions of this law.

Article 59
Libraries shall have the obligation, within one year from the day this law comes into
force, to nominate the appropriate old and rare library materials from their stock to be
designated as cultural assets of outstanding (i.e. great) significance, in accordance with
this law.

Article 60
Libraries shall have the obligation to align their organization, operation and general
regulations with the provisions of this law within one year from the day of its entry into
force.

Article 61
By-laws for the enforcement of this law shall be passed within six months from the date
this law enters into force.

Article 62
On the day of the commencement of implementation of this law the provisions of the
Law on Cultural Assets (Official Gazette of RS, No. 71/94) that pertain to old and rare
books shall cease to be effective.

Article 63
This law shall enter into force on the eighth day from the day of publication in the
Official Gazette of the Republic of Serbia, and shall be implemented on expiration of six
months from the day of its entry into force.