Archive statutes

of the city of Idar-Oberstein dated 02.12.2024

Based on § 24 of the Municipal Code for Rhineland-Palatinate (GemO), the City Council of the City of Idar-Oberstein adopted the following statutes at its meeting on November 27, 2024:

§ 1 Tasks and position of the municipal archive

(1) The Idar-Oberstein city archive is an institution of the Idar-Oberstein city administration, which thus fulfills a legally prescribed compulsory task of local self-government.
(2) The city archive has the task of examining all documents accumulated in the administration that are no longer permanently required for the fulfillment of tasks and to keep, secure, preserve, open up and make generally usable those of lasting value.
Regardless of the form in which they are stored, documents are all information accumulated by the above-mentioned bodies, in particular written documents, files, maps, plans, seals, files, image, film and sound materials, insofar as they are part of the process.
(3) The municipal archive also collects other documentary records that are important for the history and present of the city.
(4) The municipal archive can take over external archive material. This includes the acquisition of archive material from individuals, companies, associations, clubs, organizations and political parties or other groups.
(5) The City Archive promotes the research, communication and knowledge of the city's history, for example through lectures, publications and by designing or participating in exhibitions as part of municipal educational and public relations work.
(6) The City Archive advises the municipal offices, businesses and departments on questions of records management and the organization of their documents.

§ 2 Acceptance of the archive records

(1) All departments of the city administration as well as the municipal enterprises shall offer all their documents pursuant to § 1 para. 2, which they no longer require for the fulfilment of their tasks, to the city archive after expiry of the retention periods stipulated by law and administrative regulations.
(2) The decision on the permanent value of documents shall be made by the city archive in consultation with the offering body on the basis of the delivery list prepared by the offering body.
Documents may only be destroyed with the prior consent of the city archive. Proof of the destruction must be produced and kept permanently.

§ 3 Safeguarding the archive records

(1) The archive records shall be protected against unauthorized use, damage, loss or destruction by technical and organizational measures.
(2) Archive records are part of the municipal cultural assets, their sale is prohibited.

§ 4 Use of the municipal archive

(1) The archive material stored in the Idar-Oberstein municipal archive may be used in accordance with these archive regulations by any person who can demonstrate a legitimate interest, unless otherwise stipulated by legal provisions or agreements with current or former owners. The legitimate interest is derived in particular from the purpose of use and the object of use. A legitimate interest is given in particular if the use is requested for official, scientific, journalistic or educational purposes, to safeguard legitimate personal or commercial interests as well as for reasons of local history, local and family history.
(2) Use of the municipal archive is deemed to be
a) written and oral information and advice from the municipal archive,
b) inspection of the archive database, the finding aids and other resources,
c) inspection of archive material and reproductions.

§ 5 Permission of use

(1) The use of the municipal archive is permitted upon written application by the user, provided that the retention periods or regulations of these statutes, in particular those of § 6, do not conflict with this.
(2) The provisions of § 3 LArchG apply to the retention periods.
(3) The archive statutes must be observed during use.
(4) The user must identify himself or herself upon request.
(5) The purpose of use and the subject of the research must be stated precisely.
(6) Permission for use is only granted for the purpose and subject stated in the application. It may be subject to ancillary provisions (e.g. requirements, conditions, time limits).
(7) The user permit is valid until the end of the calendar year in which it was granted.

§ 6 Restriction or refusal of the use permit

(1) The City Archive shall decide on the permission of use, conditions and restrictions in accordance with these statutes and the law.
(2) The use of the city archive shall be restricted or denied if there is reason to assume that the use
a) could cause significant disadvantages to the welfare of the Federal Republic of Germany or the welfare of one of its states,
b) the welfare of the city of Idar-Oberstein could be violated,
c) embargo periods or confidentiality regulations could be violated,
d) copyrights and personal rights as well as interests of third parties worthy of protection are not observed,
e) the state of preservation of the archive material would be jeopardized,
f) an unjustifiable administrative burden would be incurred or
g) agreements with current or former owners would be violated.
(3) The use of the municipal archive may also be restricted or denied for other important reasons, in particular if
a) the user has repeatedly or seriously violated the archive statutes or has not complied with the conditions imposed on him/her,
b) the condition of the archive material does not permit its use,
c) archive materials are not available for official reasons or because they are being used elsewhere at the same time,
d) the purpose of use can be achieved in another way, in particular by consulting printed works or reproductions,
e) the user steals archive materials, handles them improperly, damages or alters them or disturbs their internal order.
(4) The user permit may be withdrawn if the requirements were not met when it was granted or if the City Archive could have refused permission for the reasons stated in paragraphs 2 and 3. The user permit may be revoked if the reasons set out in paragraphs 2 and 3 arise subsequently.

§ 7 Place and time of use, behavior in the reading room

(1) The archive material can be viewed in the reading room of the City Archive during opening hours. Users are not permitted to enter the stacks.
(2) To protect the archive material, smoking and eating in the reading room is prohibited. Disturbances of any kind are to be avoided. Coats, jackets and umbrellas may not be taken into the reading room; the checkroom of the City Archive is available for this purpose. The City is not liable for the items deposited there.
(3) The management of the City Archive or the staff appointed to exercise this right shall exercise domiciliary rights. Instructions must always be followed without restriction.

§ 8 Submission of archive records

(1) The City Archive may limit the scope of the archive material to be presented at the same time; it may limit the time for which it is available.
(2) Users are obliged to take the utmost care when handling archive material, finding aids and books. Archive materials must be returned in the same order and in the same condition as they were presented. It is forbidden to damage or alter archive materials.
(3) Damage to archive materials must be reported to the City Archive immediately.
(4) Photographing archive materials free of charge with your own camera without flash is permitted with the approval of the City Archive, provided there are no reasons for not doing so in terms of conservation and data protection.

§ 9 Liability

(1) The user shall be liable for any loss, soiling or damage to the archive material provided by him or her as well as for any other damage caused during the use of the municipal archive. Damage is deemed to be any lasting change that is detected on the medium. This does not apply if he or she proves that he or she is not at fault.
(2) The City of Idar-Oberstein is only liable within the scope of the statutory provisions. It shall only be liable for damages due to intentional or grossly negligent breach of duty, except in the case of injury to the user's life, body or health. It is not liable for damages incurred by users through the use of archive material, in particular for the consequences of copyright infringements by users or others, or for damages caused by incorrect contents of the archive material.

§ 10 Evaluation of the archive records

(1) When evaluating the archive material, the user must protect the rights and legitimate interests of the city, the copyrights and personal rights of third parties as well as their legitimate interests. He or she shall indemnify the City of Idar-Oberstein against third-party claims by means of a written declaration.
(2) The provisions of § 4 LArchG shall apply with regard to the rights of data subjects.

§ 11 Lending

(1) In justified exceptional cases, archive records may be loaned to other archives and for exhibition purposes. Before lending, it must be checked whether the intended purpose cannot be achieved by reproduction or in any other way. In the case of a loan, the requesting body must ensure that the archive material cannot be damaged or lost. The archive records must be adequately insured and protected against damage and loss during shipment and transportation. Dispatch may be subject to further conditions.
(2) The borrower shall bear the costs of insuring and transporting the archive records.

§ 12 Specimen copies

(1) If work is written with substantial use of archive material from the City Archive, the user is obliged to provide the City Archive with a specimen copy (also in digital form) free of charge and without being asked. This also applies to unpublished treatises and the publication of reproductions.
(2) If the work is only partly based on archive material from the City Archive, the user must notify the City Archive of the publication, giving the exact bibliographical details. These provisions also apply mutatis mutandis to publications on electronic data carriers and on the Internet; in the case of Internet publications, a URL must also be provided accordingly.

§ 13 Reproductions and editions

(1) The production of reproductions and their publication as well as the edition of archive material require the consent of the City Archive. The reproductions may only be used for the approved purpose, stating the signature of the original. Any publication fees must be observed.
(2) A specimen copy (also in digital form) of each publication of a reproduction must be provided to the City Archive free of charge.
(3) The production of reproductions of third-party archive records requires the written consent of the owner.

§ 14 Fees

The use of the municipal archive is subject to a fee. Fees are charged in accordance with the schedule of fees attached to these statutes.

§ 15 Entry into force

These statutes shall enter into force on the day following their public announcement. The archive regulations dated December 18, 1995 shall expire at the same time.

Idar-Oberstein city administration, 02.12.2024

Early bird

Lord Mayor

List of fees (version dated 02.12.2024) - Annex to the archive statutes of the city of Idar-Oberstein

According to § 14 of the archive statutes of the city of Idar-Oberstein, the fees are to be determined according to this fee schedule: