Act on Library Services

WE MARGRETHE THE SECOND, by the Grace of God Queen of Denmark, make it known:
The Folketing has passed and We have confirmed by Royal Consent the following Act:

Part 1

§ 1. The objective of the public libraries is to promote information, education and cultural activity by making available books, periodicals, talking books and other suitable material, such as recorded music and electronic information resources, including Internet and multimedia.

• (2) The public libraries must endeavour to make available videos.

• (3) The public libraries promote municipal and government information and information about society in general.

§ 2. The objective of the public libraries shall be achieved by observing quality, comprehensiveness and topicality in the choice of materials to be made available. These criteria alone must be the decisive factors and not any religious, moral or political views which might be expressed in the material.

§ 3. The municipal council is obliged, possibly in co-operation with other municipal councils, to run a public library with departments for children and adults. The municipal council may enter into an agreement with another municipal council on complete or partial library service.

• (2) The municipal council must as far as possible

1. establish library service for those children and adults who are unable to visit the library in person,
2. adapt the libraries' opening hours according to the users' needs and
3. establish branches or provide other service points where the size and character of the municipality make this expedient.

• (3) The head of a public library must have a relevant professional background.
• (4) Municipal councils may appoint a library council with a view to a co-ordination of library services between several municipalities.

§ 4. Upon consultation with the municipal parties the Minister for Culture may lay down detailed rules concerning the public libraries' materials and the use of these. The rules may i.a. concern the contents of the libraries' collections, the libraries' option - in specific cases - to request a deposit in connection with a loan and the possibilities for restricting loan of material.

§ 5. The public libraries are at the disposal of everyone for use on the premises and for the loan of materials. The obligation to loan material applies to the items mentioned in § 1 (1).

• (2) Through participation in the general interlibrary loan service the public libraries must endeavour to provide the users with such material as the library itself does not possess.

§ 6. The public libraries may establish and run service points in companies and institutions or enter into agreements on provision of library service to these.

• (2) Expenses in connection with library service to government, county and other non-municipal institutions must be paid by the institutions in question.

§ 7. The municipality's public libraries must co-operate with the municipal school libraries. Identical cataloguing systems etc. must be used in public libraries and school libraries.

Part 2

The government's tasks

§ 8. The government encourages co-operation within the library sector and endeavours to ensure that through the public library the users have access to government and government-supported libraries' material, cf. §§ 9-18.

County libraries

§ 9. The county libraries act as main loan centre for the public libraries by endeavouring to obtain material to the extent that the public libraries do not themselves possess this material, cf. § 11.

§ 10. Upon consultation with the municipal parties the Minister for Culture decides which public libraries must also act as county libraries.

• (2) When making this decision it must be taken into consideration that the library's materials, staff and premises all measure up to the standard required for the professional conduct of the special duties of a county library.

§ 11. Concerning the county library service the Minister for Culture enters into an agreement with the municipality whose public library carries out this function.

• (2) The agreement must include a description of the tasks which the county library carries out on behalf of the number of public libraries which it serves. The agreement must include a description of the services which the county library makes available free of charge. The agreement may i.a. concern the tasks aimed at a regional co-ordination within a defined geographical area and at strengthening professional skills in the libraries.

§ 12. The government pays the expenses in connection with the county library service.

• (2) The government grant to the county libraries is stipulated in the annual government budgets.

Government libraries

§ 13. The government runs a number of libraries with a view to serving educational establishments, institutions and research.

• (2) A government library is at the disposal of anyone for use on the premises and for loan of material and participates in the libraries' general interlibrary loan co-operation in so far as the task forms part of the prerequisite for the grant to the library.
• (3) A library which receives subsidy from the government is at the disposal of anyone for use on the premises and for loan of material and participates in the libraries' general interlibrary loan co-operation in so far as the task forms part of the prerequisite for the subsidy to the library.
• (4) Upon consultation with the appropriate ministers the Minister for Culture lays down detailed rules for the obligations of government and government-supported libraries, mentioned in (2) and (3). The rules may i.a. concern the libraries' option - in specific cases - to request a deposit in connection with a loan and their possibility for restricting the loan of material. When determining the rules specific conditions in relation to the individual libraries may be taken into consideration.

§ 14. The State and University Library acts as main loan centre for the public libraries by

1. making available books, periodicals and other suitable material to the public libraries,
2. affecting loans nationally and internationally,
3. providing the public libraries and other relevant institutions with material specifically intended to fulfil the needs of refugees and immigrants and
4. maintaining a central repository library function for the public libraries.

§ 15. The Danish National Library for the Blind acts as main centre for the public libraries by providing the libraries with material specifically intended for the promotion of information to the blind, visually-handicapped, dyslexics and others who due to a handicap are unable to or find it difficult to read a printed text. The Danish National Library for the Blind effects loans nationally and internationally in connection with the public libraries' service to the group of users mentioned.

• (2) The Danish National Library for the Blind may advise the libraries on conditions relevant to the service to the group of users mentioned in (1).

Other government tasks

§16. The government pays the expenses in connection with the compilation of the national bibliography which forms part of the national common library catalogue.

• (2) The government strives to ensure that as far as possible the national common library catalogue is made available to everyone by access via Internet.

§ 17. The government provides subsidies for the libraries of the German minority in Southern Jutland.

• (2) The government may provide subsidies for library service to other special groups.
• (3) The Minister for Culture may lay down detailed rules for the submission of accounts, the auditing proficiency and the auditing process in connection with subsidies paid in accordance to (1) and (2). The Minister for Culture may request further material from the recipients of the subsidies and submit this to the National Auditors for further auditing.

§ 18. The government provides subsidies for development within the public and school libraries.

Part 3

The public libraries

§ 19. Loan of material from the public library and service provided in the library are free of charge for the user, cf. however §§ 20 and 29.

§ 20. The municipality may charge the user for special services associated with the public libraries' general service, but which go beyond use on the premises, loan of material and general advice. The municipality may also offer for sale knowledge accumulated in the public library in connection with solving ordinary library tasks. The municipality may process and further develop this knowledge with a view to offering it for sale. The sale of this knowledge must be prepared in such a way as not to impair the running of the general library services to an unreasonable extent.

• (2) Services, mentioned in (1), must be expressly requested by the user. (3) The municipal council determines the size of and the way in which the fee should be charged for the services mentioned in (1), cf. however (4).
• (4) If the services mentioned in (1) are offered in competition with private parties, the prices for the services must be fixed according to market conditions to avoid unfair competition.
• (5) The municipality's sale of services that are offered in competition must not over a period of three years show a total deficit.
• (6) Upon consultation with the Minister for the Interior the Minister for Culture lays down detailed rules on price fixing according to (4) and submission of accounts in connection with the municipalities' sale of services mentioned in (1), cf. (4) and (5).

§ 21. Municipalities may charge for overdue material. The fee must not exceed DKK 20,- for items which a user has borrowed simultaneously, which have the same loan period and which are returned together, for children and young people under 14 the fee must not exceed DKK 10,-. If the loan period is exceeded by more than 7 days, the fee may be raised to DKK 110,- for children under 14, however, the fee must not exceed DKK 55. If the period is exceeded by more than 30 days, the fee may be raised to DKK 220,-, for children under 14 the fee must not exceed DKK 110,-.

• (2) The amounts mentioned in (1) are to be adjusted on 1. January, beginning with the 1. January 2001 on a rate adjustment percentage, rounding off to amounts divisible by 5.

§ 22. By participation in the interlibrary loan co-operation a municipality may request payment from another municipality for loans, however not for loans effected as part of the county library function. The payment cannot be levelled at the user.

• (2) Upon consultation with the municipal parties the Minister for Culture lays down detailed rules for the payment mentioned in (1). The rules may i.a. concern the size of the fee and the way in which it is charged, including notice of fee being charged.

§ 23. Having given reasonable notice the municipality may charge a fee if a user from another municipality borrows material from the public library. Payment is requested from the user's municipality of residence and cannot be levelled at the user.

• (2) Upon consultation with the municipal parties the Minister for Culture lays down detailed rules for the payment mentioned in (1). The rules may i.a. concern the size of the fee and the way in which it is charged, including notice of fee being charged.

§ 24. The municipality may charge the user for the issuing of a replacement ticket.

Government libraries

§ 25. Government and government-supported libraries which have obligations in accordance with § 13, (2) and (3) lend material and offer service in the library free of charge to the user, cf. however § 27, (1) and § 29.

§ 26. Government and government-supported libraries which have obligations in accordance with § 13, (2) and (3) effect loans to the public libraries free of charge.

§ 27. Government and government-supported libraries which have obligations in accordance with § 13, (2) and (3) may charge the users for specific library services that are associated with the general library service, but which go beyond use on the premises, loan of material and general advice.

• (2) Upon consultation with the relevant ministers the Minister for Culture lays down detailed rules on the government and government-supported libraries' services, mentioned in (1). The rules may i.a. concern which services may be chargeable, including the size of the amount.

§ 28. A government library may charge a fee for overdue material. The fee must not exceed DKK 5,- per unit. If the loan period is exceeded by more than 7 days the fee may be raised to no more than DKK 25. If the loan period is exceeded by more than 30 days, the fee may be raised to no more than DKK 50,-. The amounts are adjusted per 1. January, beginning with the 1. January 2001 on a rate adjustment percentage, rounding off to amounts divisible by 5.

• (2) Government-supported libraries may charge a fee for overdue material in accordance with (1).

Common regulations

§ 29. An agreement between a library and a supplier or rights holder on delivery of material to a limited group of users may contain a provision to the effect that delivery of material to users outside the group can be effected by payment of a special consumer determined license fee. A library may decide that such a fee be levelled at the user.

§ 30. Upon consultation with the municipal parties and relevant ministers the Minister for Culture may decide that the libraries must charge for ordering of material via Internet access to the libraries' common library catalogue.

• (2) The fee is charged by the library that effects the order.
• (3) Upon consultation with the municipal parties and relevant ministers the Minister for Culture lays down detailed rules on the charging of the fee mentioned in (1). The rules may i.a. concern the size of the amount, the way in which it is requested as well as exceptions from the obligation to pay.

§ 31. A library may exclude a user from borrowing at the library if the person in question has to a considerable extent violated his obligation to return borrowed material in undamaged condition.

• (2) Exclusion from borrowing at the library may also occur if a user has omitted to pay the fees according to §§ 21 and 28.
• (3) Upon consultation with the municipal parties and relevant ministers the Minister for Culture lays down detailed rules for exclusion. The rules may i.a. concern guidelines for exclusion, notice and exclusion period.

§ 32. A bailiff's order may be implemented regarding fees which have been determined according to §§ 21 and 28 if the amount due is DKK 200,- or above.

§ 33. Outstanding fees according to § 21 and § 28 (1) can by the collecting authority, with a surcharge for extra expenses, be collected by withholding of salary etc. according to the rules on collection of personal taxes in the act on deduction at source. Furthermore, for an amount corresponding to the unpaid fees with a surcharge for extra expenses, a municipality enters into the right to payment of overpaid tax and labour market contribution with compensation and interests as well as expedited return of tax payment according to the act on deduction at source.

• (2) The Minister for Culture may lay down detailed rules on the procedure in connection with withholding of salary.
• (3) The collecting authority may request such information from the taxation authorities and other public authorities as is necessary for effecting the collection of the in (1) mentioned amounts, including information on income and capital. The information can be transferred electronically.

§ 34. In the regulations for the procedure in connection with withholding of salary for unpaid fees according to § 33 (2) a penalty may be imposed for infringement of the stipulations in the regulations.

• (2) Criminal liability may be imposed on companies etc. (legal persons) according to the provisions in Part 5 of the penal code.

§ 35. The libraries must provide a set of rules for their users. The rules must include conditions for borrower's identification, loan period, charge of deposit, violation of the obligation to return borrowed material in undamaged condition, charge of fines and fees and implementation of bailiff's order.

Part 4

§ 36. The Act comes into force 1. July 2000. At the same time Act No. 1100 of 22. December 1993 on Public Libraries etc. is repealed.

• (2) The right to borrow recorded music and multimedia from other public libraries than the library of the municipality of residence, cf. § 5 (1) does not take effect until 1. January 2003.
• (3) The public libraries' and government and government-supported libraries' charging of fees for overdue material according to the regulations in §§ 21 and 28 does not take effect until 1. January 2003.

§ 37. Until the Minister for Culture according to this Act has appointed the libraries which will act as county libraries, the present county libraries are maintained, cf. § 8 in Act No. 1100 of 22. December 1993 on Public Libraries etc. Furthermore the special grants to the metropolitan municipalities of Copenhagen and Frederiksberg for that part of the library service which corresponds to the county library service, cf. § 11 in the Act mentioned, shall be maintained.

• (2) The public libraries' possibility of charging a fee for overdue material, cf. § 18 in Act No. 1100 of 22. December 1993 on Public Libraries etc., shall be maintained until 31. December 2000.

§ 38. This Act does not apply to the Faeroe Islands and Greenland.

Given at Christiansborg Castle, 17. May 2000

Under Our Royal Hand and Seal

MARGRETHE R.

/Elsebeth Gerner Nielsen