ACT

of 14 July 1983

with a national archival resource and archives

• Metric
• Codified text

Chapter 1

General provisions

Article 1. [ Archived Materials] Archival materials entering the national archival resource, hereinafter referred to as "archival materials", are all kinds of files and documents, correspondence, financial, technical and statistical documentation, maps and plans, photographs, films and microfilms, sound and video recordings, electronic documents within the meaning of the provisions of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2014 items 1114) and other documentation, regardless of the way in which it is produced, having a meaning as a source of information about the historical value of the activity of the Polish State, its individual bodies and other state organizational units and its relations with other countries, about the development of social and economic life, the activities of organisations of a political, social and economic, professional and religious nature, the organization and development of science, culture and art, and the activities of units of local government and other local units It has been established in the past and has been created in the past.

Article 2. [ National Archive Resource] 1. National archival resources serve science, culture, the national economy and the needs of citizens.

2. The national archival resource, depending on the ownership of the archival materials, shall be divided into:

1. State archival resources;

2) a non-state archival resource.

Article 3. [ Retention of archival materials] Archival materials constituting a national archive resource shall be kept in perpetrative.

Article 4. [ Supervision of the national archival resource] 1. The supervision of a national archival resource shall be exercised by the Minister competent for cultural affairs and protection of the national heritage through the Chief Executive of the State Archives.

2. The tasks referred to in art. 51b, art. 51 f (f) 2, art. 51g (b) 1, 2, 4 and 5, art. 51 h (3) 1 and Art. 51j ust. 1 and 2, they are tasks in the scope of government administration.

Chapter 2

Investigation of archival materials and other documentation

Article 5. [ Delegations] 1. The documentation arising in the state bodies and state organizational units and in the bodies of local government units and local government units, as well as influential to them, shall be kept by these authorities and organizational units, and then:

1. documentation constituting archive materials shall be transmitted immediately after the expiration of 25 years from its generation to the appropriate state archive, unless the body or organizational unit has previously submitted archival materials to the archive the State;

(2) a dossier other than that referred to in point 1, hereinafter referred to as "non-archival documentation", may be missing, with the agreement of the director of the competent state archive, unless the consent is not required or the competent authority referred to in Article 4 (1). 19; the non-archival documentation may be missing after the expiry of its storage period, as specified in the single document list or the documentation qualifier referred to in Article 3 (1) of the Regulation. 6 para. In accordance with Article 2 (2), and after recognition by the body or body concerned, the non-archival documentation has lost its meaning, including the value of the evidence.

(1a) Where the activities of the body or organisation referred to in paragraph 1 are permanently discontinued. 1, the body or organization unit shall transmit:

1) immediately archival materials for the proper state archive;

2) documentation of the unarchival body or organizational unit acquiring their tasks and competencies; to the body or organizational unit acquiring the unarchived documentation, in terms of its records, storage, securing, the provision, the missing and the transfer to the State archive shall apply the rules to which the authority or organisation transmitting the documentation has been subject.

1b. If the body or organisation unit referred to in paragraph 1 is referred to in paragraph 1. 1, which permanently cease operations, did not transfer archival materials to the state archive, these materials take over and transfer to the proper archive of the state body the parent of the body or organizational unit, which permanently they cease their activities, and in the absence of such authority, the authority supervising them.

1c. The costs associated with the preparation for the transfer and maintenance of archive materials and their transfer to the state archive shall be borne by the body or organizational unit transferring archival materials to the state archive.

1d. In the absence of a body or an organisational unit taking over the tasks and competences of the body or organizational unit referred to in paragraph. 1, which permanently cease operations, the non-archive documentation of that body or units shall be transferred to the parent body of the body or organization unit which permanently ceases its activities, in the absence of the parent body- the authority supervising the body or organisation which permanently ceases its activities and, in the absence of any such authority, the undertaking referred to in Article 4 (1) of the Regulation. 51a, having been provided by the liquidating entity to the activities of the body or body to the undertaking performing the activities referred to in Article 51a, financial resources for the further storage of this dossier.

1e. The archival materials of the body or organizational unit referred to in paragraph are subject to the acquisition by the archives. 1, which have permanently ceased operations, which are necessary for the activities of:

1) the state body or the state organisational unit without legal personality taking over the tasks and competences of the body or organizational unit which have permanently ceased operations, the state archive leaves that body or to an entity, at their written request, including electronic form, on the basis of an agreement concluded between the state archive and that body or entity;

2) the state legal person, the body of the local government unit or the self-government organizational unit acquiring the tasks and competences of the body or organizational unit, which have permanently ceased operations, state archives, on them a written request, including electronic form, shall leave to use on the basis of the contract used by that person, body or body;

3) the organizational unit of a non-state or self-government organizational unit, the acquiring task and the competence of the body or organizational unit, which have permanently ceased operations, state archives, at its written request, including submitted in electronic form, may leave to use on the basis of the contract used by this entity.

1f. The agreement or contract of use referred to in paragraph 1. 1e, in particular, shall determine the time available for the disposal of archival materials and the obligation to use archival materials.

1g. If from the documentation of the body or organization referred to in paragraph. 1, which has permanently ceased operations, has not been allocated archival materials, to the proceedings with this documentation, until the separation of these materials, the provisions concerning the handling of archival materials shall apply accordingly.

2. Minister of competent for culture and protection of national heritage, after consulting the Chief Executive of the State Archives, by means of the regulation:

1) specify:

(a) the eligibility methods and the method for classifying the dossier,

(b) the types of markings of

(c) elements of a single substantive list of files,

(d) model for the construction of a single substantive list of files

(e) model of construction of the documentation qualifier,

(f) the standards for the ordering, registration and technical protection of archival materials prior to their transfer to state archives,

g) detailed mode of transfer of archival materials to state archives,

(h) the detailed mode of missing non-archival documentation,

(i) the property of state archives in the cases referred to in point (i). g and h, including the property of state archives for the primates and central authorities of government and government administration and other central organizational units, and for the types of acquisitive archival materials

-having regard to the historical value of the dossier or the loss of its relevance and the need to protect the documentation from damage, destruction or loss, and the scope of the use of the information and communication systems in the settlement and resolution of cases;

2) may determine the types or types of non-archival documentation, the lack of which does not require the consent of the director of the proper state archive, guided by the short-term significance of this documentation and to the fact that it has not been the material so far archive.

2a. The Minister competent for information, after consulting the Chief Executive of the State Archives, will determine, by means of a regulation, the necessary elements of the structure of electronic documents created and collected in entities, of which Paragraph 1. 1, taking into account the minimum requirements for public registers and the exchange of information in electronic form, as well as the need to ensure the integrity of electronic documents.

2b. The Minister competent for information, after consulting the Chief Executive of the State Archives, will determine, by means of a regulation, a detailed way of dealing with electronic documents in the entities referred to in the paragraph. 1, in particular the rules for the registration, classification and classification of electronic documents and the rules and mode of their missing, taking into account the need to ensure the integrity of electronic documents and the long term retention of electronic documents.

2c. Minister competent for information technology, in agreement with the Minister for Culture and Protection of the National Heritage, at the request of the Supreme Director of State Archives, will determine, by means of regulation, the technical requirements of should correspond to the recording formats and IT data media within the meaning of the provisions of the Act of 17 February 2005. o computerisation of the activities of entities carrying out public tasks, transferred to the archives of the State archival materials persisted in the IT data carriers.

3. The mode of missing non-archival documentation and the manner of handling the archival materials and non-archival documentation in the event of permanent cessation of activities by the bodies or organizational units, including the subordinate and supervised, specify, by way of ordinance, for:

1) President of the Republic of Poland-Head of the Chancellery of the President of the Republic

2) the Sejm of the Republic of Poland-Head of the Chancellery of the Sejm of the Republic

3) Senate of the Republic of Poland-Head of the Chancellery of the Polish Senate;

4) The Council of Ministers-Head of the Chancellery of the Prime Minister;

(4a) National Security Bureau-Head of the National Security Bureau;

5) bodies and organizational units subordinate to and supervised by the Minister of National Defence, Minister responsible for internal affairs, the minister competent for foreign affairs, and with regard to the organizational cells performing the activities in the field of treasury intelligence in organizational units subordinate to and supervised by the Minister responsible for public finance, as well as in relation to the organizational cell performing the task of counteracting the press of money and financing of terrorism in the minister's office the competent financial institutions, the ministers to which they are subject and by which those bodies and agencies are supervised;

6. the Internal Security Agency-the President of the Council of Ministers at the request of the Head of the Internal Security Agency;

6a) Intelligence Agency-President of the Council of Ministers at the request of the Head of the Intelligence Agency;

6b) Central Anti-Corruption Bureau-President of the Council of Ministers at the request of the Head of the Central Anti-Corruption Bureau;

7) Institute of National Remembrant-the Committee for the Prosecution Of Crimes against the Polish National-President of the Institute of National Remembrant-the Commission for the Prosecuting of Crimes against the Polish National

4. (repealed).

5. The arrangements for determining how the documentation is to be qualified for the periods of its storage in the Internal Security Agency and in the Intelligence Agency shall be protected in accordance with the provisions on the protection of classified information.

Article 6. [ Obligation to provide adequate records of archival materials] 1. State bodies and state organisational units, bodies of local government units and local self-government bodies are required to provide adequate records, storage and protection against damage, destruction or loss:

1) the resulting documentation, in such a way as to reflect the course of action and settlement of cases;

2. the documentation referred to in paragraph 1 above and the documentation to be submitted to them.

1a. The tasks referred to in paragraph 1. 1, may be carried out in the framework of electronic documentation management, which is a system of execution of office activities, documenting the course of dealing with and resolution of cases, collection and creation of documentation in electronic form with the use of the ICT system referred to in the provisions issued on the basis of art. 5 par. 2b.

2. The bodies and managers of the organizational units referred to in the mouth. 1, in agreement with the Supreme Director of State Archives, determine:

1) a law firm laying down detailed rules and procedures for the execution of the law firm's duties;

2) how to classify and qualify the documentation in the form of a uniform substantive list of records, which specifies the classes according to which in the body or organizational unit referred to in the paragraph. 1, grouping together uniformly, in the decimal system, the documentation created and collected in those bodies and units and sets out for the documentation the archival qualification; the single factual list of files constitutes the basis for marking, registration and grouping documentation in the body or business unit at the time the cases are initiated and may be supplemented by a documentation qualifier which determines the archival qualification of a homogeneous type or type of documentation;

3) statement on the organization and scope of operation of the works archive or record store.

2a. Provisions of the paragraph. 2 shall not apply to:

1. the authorities of the municipality and the intercommunal associations and the offices serving those bodies and associations;

2) the district authorities and district starosts;

3) the bodies of the self-government of the voivodship and the Marshal Offiches,

4) the bodies of the team of government administration in the voivodship and offices serving these bodies.

2b. The President of the Council of Ministers, at the request of the minister competent for public administration and the minister competent for culture and protection of national heritage, will determine, by way of regulation, for the bodies and intercommunal associations referred to in the in paragraph 2a:

1) a law firm laying down detailed rules and procedures for the execution of office activities in offices serving these bodies and associations;

(2) the classification and eligibility of dossiers in the form of uniform physical record lists;

3) the statement on the organization and scope of operation of works archives specifying in particular the rules and the procedure of the documentation proceedings in the archive.

2c. In the Regulation referred to in paragraph 1. 2b, account should be taken of the need to ensure a uniform way of creating, recording and storing documentation in a variety of forms, including electronic, and its protection against damage, destruction or loss.

2d. Wójt (mayor, president of the city), starosta, marshal of the voivodship or wojewoda, in agreement with the director responsible for their seat of the state archive, by means of order, may make a supplement to the single factual lists of records, o referred to in paragraph 1: 2b (2), if necessary for the classification of new tasks and without prejudice to the structure of the classification; in the case of the bodies of a complex governmental administration in the voivodship of the addition of uniform inventories, the records of the water shall be carried out on request. of those authorities.

2e. The State authority may determine, in accordance with the procedure laid down in paragraph 1. 2, a law firm, a single substantive list of files, an instruction on the organisation and scope of operation of the works archive or record store and, where necessary, the documentation qualifier, common to:

(1) the authority handling the authority and the supervised and subordinate organisational units; or

2) supervised and subordinate organizational units.

2f. Wójt (mayor, president of the city), the starosta or the marshal of the voivodship may determine, in the mode specified in the mouth. 2, a law firm, a single substantive list of files, an instruction on the organisation and scope of operation of the works archive or record store and, where necessary, the documentation qualifier, common to the supervised and subordinate units, of which the object of the activity is similar.

2g. On the date of entry into force of the law firm's instruction, the uniform substantive list of files, the instructions on the organisation and scope of operation of the archive of the works or record store or the qualifier of the documentation referred to in paragraph. 2e and 2f shall, respectively, be repealed with the instructions, the single substantive list of files and the qualifier of the dossiers determined on the basis of the paragraph. 2 by the head of the organizational unit.

2h. The Chief Executive of the State Archives may authorize the directors of state archives to act on his behalf in the matters referred to in paragraph. 2, 2e and 2f.

2i. The competent authorities in the cases of the extracted archives shall specify the statement on the management of the documentation in the extracted archive setting out the rules and procedures for the handling of the documentation in this archive.

3. The requirements of the agreement with the Chief Executive of the State Archives in the cases referred to in paragraph shall not be applied to the competent authorities in the cases of archives of the extracted archives. 2, 2e and 2i.

Article 7. [ Unnegotiable archival materials] Archival materials entering the State archival stock may not be disposed of; nor shall they be transferred to other organisational units other than those specified in the Article, except in the case of law. 22.

Article 8. [ Conditions for the passage of archival materials to State ownership] Archive materials entering the records of a non-state archive resource shall not be disposed of; their transfer to the State shall be effected in accordance with the provisions of Article 4 (1) of the Regulation. 44.

Article 9. [ Right of pre-emption] 1. Archive materials entering an unregistered non-state archive resource can be disposed of. If they are disposed of by means of a sale agreement, the archives of the State and the archives shall be entitled to the right of pre-emption of these materials, depending on the characteristics of such archives. The provisions of the Civil Code shall apply to the pre-emption of these materials.

2. The right of pre-emption referred to in paragraph. 1, shall not apply if the archival materials entering unregistered non-state archival stock are offered to the acquisition of the organisational units referred to in art. 22 par. 2, if these materials are complementary to the archival historical asset of those units currently held.

Article 10. (repealed)

Article 11. [ Acceptance of archival materials for storage] The organisational units of the State archive network may accept, for the storage of archival materials, whether owned or otherwise, in the possession of non-state organisational units and natural persons.

Article 12. [ Ensuring proper storage conditions for archival materials] State and State bodies of the organisational units, bodies of local government units and local government bodies, political parties, political organisations, cooperatives and other social organisations, and other non-state bodies organizational units, as well as churches and religious associations in which they are formed or which hold archival materials, are required to ensure the proper conditions of their storage, to protect them from damage, destruction or loss, and provide the necessary maintenance of these materials.

Art. 12a. [ Protection of archival materials] The director of the relevant state archive may issue a decision to secure the archival materials entering the national archive resource by moving them to this archive in order to store them until the threat is established, if there is a legitimate concern for their destruction, damage or loss, in particular by being exported abroad without authorisation, as referred to in Article 4 (1) of the Regulation. 14.

Article 13. [ Regulation of matters relating to the holding of documents by political parties] The cases referred to in art. 5 par. 1, art. 6 para. 1 and in Art. 12, with regard to political parties, political organizations, cooperatives and other social organizations, and other non-state organisational units, as well as churches and religious associations, regulate in their own affairs the parties political, organisational and organisational units, and churches and religious associations.

Article 14. [ Exportation abroad] 1. Exports abroad of archive materials constituting a national archival resource shall be prohibited.

2. The Chief Executive of the State Archives may allow temporary export abroad for archival materials, if an important social or individual interest is passed for the granting of the permit.

3. Exports abroad of archival materials not entering a national archive resource within the meaning of the Act shall be admissible on condition that its character is determined by the Supreme Director of State Archives.

4. The provisions of the paragraph. 1-3 shall not apply to archival materials imported into the country subject to their return.

Art. 14a. [ Reimbursement of unlawfully exported material of archival materials] For the return, located in the territory of the Republic of Poland and exported unlawfully from the territory of a Member State of the European Union, archival materials, from the manufacture of which elapsed:

1) more than 50 years,

2) 50 years or less, if they constitute a State archival resource

-the provisions of Chapter 6 of the Law of 23 July 2003 shall apply accordingly. about the protection of monuments and the care of the monuments (Dz. U. of 2014 items 1446 and from 2015. items 379 and 774), with the fact that the authority competent to conduct the proceedings concerning the return of archival materials is the Chief Executive of the State Archives.

Article 14b. [ RP investigation of the return of archival materials] Article Recipe 14a does not exclude the possibility of an investigation by the Republic of Poland of returning, on the basis of law or international customs, exported unlawfully by Polish law from the territory of the Republic of Poland of archival materials other than those specified in the art. 14a.

Chapter 3

State Archive Resource

Article 15. [ Create a state archive resource] 1. State archival resources shall form archival materials arising from and arising from the activities of:

1) state bodies and other state organizational units;

1a) bodies of local government units and other local organisational units;

2) foreign bodies of power and state administration and other bodies, organizational units and organizations, religious associations, as well as occupying military units, if these materials are located in the Republic of Poland.

2. The State Archive shall also form archival materials resulting from the activities of:

1) political parties and other organisations of a political, social, professional and economic nature,

2) churches and religious associations,

3) other non-state organizations and organizational units,

4) political, social and economic activists, creators in the field of science and technology, culture and art, and other persons who have contributed their historical contribution to the development of the Polish State, political, social and economic life and to the development of science and technology and culture and art,

5) families and families, which have exerted historical influence on state affairs, political, economic and social relations, as well as on their assets, businesses and other economic activity,

if the materials have become the property of the State as a result of purchase, donations or other means of purchase.

3. The archival materials referred to in paragraph. 1 and 2, located outside of the State in the possession of foreign bodies or organizations shall be considered to be a state archival resource, if on the basis of law or international customs should be transferred to the Republic of Poland.

Article 16. [ Archival services] 1. [ 1] (repealed)

2. (repealed)

2a. [ 2] State Archives perform archival services in search of information and data contained in archival materials, processing of such information and data, as well as preparation of extracts, extracts, prints, or visual maps, or The sound of these materials, including the digital mapping metadata.

2b. (repealed)

2c. (repealed)

2d. (repealed)

2e. (repealed)

3. (repealed)

4. (repealed)

Art. 16a. [ Right of access to archival materials] [ 3] 1. The right of access to archival materials shall be granted to everyone.

2. The entities referred to in art. 22 par. 1 (1) and (2) and (2) 2, hereinafter referred to as "committed entities", shall be required to make available:

1. archival materials in the original, in particular in their original language version or in the original format of digital files, either in the form or in the format given by the entity obliged to keep the content of those content long and read materials;

2) reproductions of archival materials.

3. Entities must also provide archival materials not constituting the state archival resource if the possibility of their sharing is not excluded.

4. Use of archival materials serves in particular:

1) the cognitive objectives, including those related to scientific research or meeting personal information needs;

2. re-use of the content or maps of these materials, for purposes other than those for which they have been produced or originally collected, including for profit purposes;

3) obtaining, in the mode of separate regulations, which govern the rules for issuing certificates, official confirmation of the contents of stored archival materials, in the form of their authenticated maps (copies, discharges, extracts and reproduction) in the original language version, as well as in the form of secondary documents describing the content or its components, which are distinguished by the applicant.

Art. 16b. [ Restriction of access to archival materials] [ 4] 1. Access to archival materials shall be restricted:

1) to the extent and on the rules laid down in the regulations:

(a) for the protection of classified information,

(b) for the protection of other laws protected by law;

2. due to the protection of:

(a) personal goods,

(b) personal data;

3) due to the need to preserve the integrity of the components of the state archival resource at risk of damage, destruction or loss.

2. Archival materials shall be made available no earlier than in the case of:

1. the acts of marital status or the accounts of the civil status, from the end of the calendar year in which the act or closure of the book has been appropriately drawn up, concerning:

(a) births-after 100 years,

(b) marriages and deaths-after 80 years;

2) individual medical records-after 100 years after the last entry was drawn up;

3) notarial acts and documentation of the perpetual books together with the recording equipment-after 70 years after drawing up the act or documentation component;

4) documentation of court cases and investigative proceedings-after 70 years after the decision of the decision or termination of the proceedings;

5) the records of the population-after 30 years from its generation;

6) personal documentation and employers ' pay-50 years after the termination of employment.

3. Delimitations specified:

1) in the mouth. 1 points 2 and 3 shall not apply if the person concerned has specific rights or pursues purposes of special legal protection which are the overriding rights or objectives pursued in relation to those restrictions;

2) in the mouth. 2 shall not apply to the making available to access to the data contained in such materials.

Art. 16c. [ Free sharing of archival materials] [ 5] 1. Provision of archival materials is free of charge.

2. The entities shall not exercise the copyright of the property rights which are entitled to the State Treasury, in relation to the entities to whom those materials are made available.

(3) The entities required should not restrict access to archival materials, beyond the restrictions used in relation to the original purpose of their manufacture.

4. If the separate provisions provide for wider access to archive materials than the resulting from the Act, these regulations apply.

Art. 16d. [ Form of release of archival materials] [ 6] 1. Operators shall make available to the interested persons or their authorised representatives the materials of:

1) personal opportunity:

(a) familiarithemselves with these materials,

(b) the perpetuation of their content in the form of notes, extracts, extracts, prints, or visual, audio or digital maps, together with their metadata;

2) the transmission of information contained in them in the form of reproduction of these materials or a written reply to the inquiry.

2. The entities shall make available archival materials in the original or reproductions of these materials:

1) in tailored for this purpose premises, after the written notification in paper or electronic form;

2) via the ICT systems together with the metadata of reproduction.

3. If the activities referred to in paragraph 1 Article 1 (1) (b), which may interfere with other interested access to archive materials, shall be carried out on the basis of an agreement between the persons concerned and the entrusted entity.

Art. 16e. [ Proceedings for refusal of access to archival materials] [ 7] 1. In the case of reasonable conjections, that there are limitations of access to archival materials, the entity shall initiate proceedings for refusal of access to these materials.

2. The entity shall issue a decision on:

1) the total or partial refusal of access to archival materials, or

(2) remission of proceedings in the case of:

(a) referred to in Article 16b par. 3 point 1,

(b) where there is no restriction on access to archival materials.

3. The provisions of the Act of 14 June 1960 shall apply to the proceedings on refusal of access to archive materials. -The Code of Administrative Procedure (Dz. U. of 2016 r. items 23), with the fact that the decisions appear no later than 14 days from the date of receipt of the notification.

Article 17. [ Delegation] 1. [ 8] (repealed)

1a. [ 9] (repealed)

2. [ 10] (repealed)

3. The Council of Ministers shall determine by way of regulation, the manner and mode of sharing of archival materials contained in the extracted archives, excluding the archive of the extracted Institute of National Remembrances-the Commission's Prosecution Of Crimes against Polish National, including:

1) how to deal with archival materials containing information constituting the secrets legally protected, in particular classified information or personal data subject to protection,

2) the scope of the provision of documentation concerning individuals to those for their own purposes,

3) specific accidents of earlier provision of archival materials,

4) payment for the provision of archival materials in the event of the archive bearing the additional costs from this title,

5) payment for the production of the reproduction of archival materials

-having regard to the specific nature of the documentation and the need to protect it from unauthorised disclosure and the amount of expenditure incurred in the provision of archival materials.

4. The Minister of Culture and National Heritage shall, after consulting the National Council of Radio and Television, establish, by way of regulation, detailed rules and procedures for the collection, registration, qualification, classification and the provision of archival materials constituting a public service republic of radio broadcasting, taking into account:

1) the specific scope and mode of operation of radio and television;

2) the need for special protection of archival materials against loss or destruction.

Article 18. [ Appointment of the Chief Executive of State Archives] 1. The Central Director of Government Archives in the State of the State Archives is the Central Director of the State Archives.

2. The Chief Executive of the State Archives shall be appointed by the President of the Council of Ministers, at the request of the minister competent for culture and the protection of the national heritage, from among the persons selected in the open and competitive recruitment.

3. The President of the Council of Ministers refers to the Chief Executive of the State Archives.

4. The Deputy Chief Executive of the State Archives shall appoint, among the persons selected by an open and competitive recruitment, minister competent for culture and protection of the national heritage, at the request of the Supreme Director of the Archives State. The Minister for Culture and Conservation of the National Heritage refers, at the request of the Supreme Director of the State Archives, to his deputies.

5. The Supervision of the Supreme Director of the State Archives shall be exercised by the Minister competent for the affairs of culture and the protection of national heritage.

Art. 18a. [ Competence for the position of the Chief Executive of State Archives] 1. The position of the Head of the Director of State Archives may occupy a person who:

1) is a Polish citizen;

2) enjoy full public rights;

3) she was not convicted of a final sentence for a deliberate offense or a deliberate treasury offence;

4) has managerial competence.

2. The person referred to in the mouth. 1, in addition, it shall have:

1) professional title of master or equivalent professional and at least 5-year period of employment in managerial positions in the Supreme Directorate of State Archives or State Archives or

2) the scientific degree of doctor habilitated in the field of sciences related to the activity of archives, or

3) a scientific title in the field of sciences related to the activity of archives.

Art. 18b. [ Announcement of naborze information] 1. Information on the position of the Supreme Director of State Archives, shall be announced by placing the notice in a place which is widely available at the seat of the office serving the Chief Executive of the State Archives and the Bulletin Board Public Information Office and Public Information Bulletin of the Chancellery of the Prime Minister. The notice shall include:

1. the name and address of the office;

2. determination of the position;

3) requirements related to the position resulting from the provisions of law;

4) the scope of the tasks performed on the post;

5) an indication of the required documents;

6) deadline and place of submission of documents;

7. information on the methods and techniques of recruitment.

2. The term referred to in paragraph 1 point 6, shall not be less than 10 days from the date of publication of the notice in the Information Bulletin of the Public Chancellery of the Prime Minister.

Art. 18c. [ entities carrying out recruitment] 1. The recruitment for the position of the Chief Executive of the State Archives shall be carried out by the team, appointed by the Minister responsible for culture and the protection of the national heritage, numbering at least 3 persons, whose knowledge and experience give a guarantee of the selection of the best candidates.

2. In the course of the selection, the applicant shall assess the applicant's professional experience, the knowledge necessary for the performance of his duties as a recruitment, and the managerial competence.

3. Assessment of the knowledge and managerial competence referred to in the paragraph. 2, may be made on the order of the team by a non-member of the team who has the appropriate qualifications to make this assessment.

4. Member of the team and the person referred to in paragraph. 3, they have the obligation to keep in secret information concerning applicants for the post obtained during the recruitment process.

5. In the course of the selection, the panel will emerges no more than 3 candidates, which are presented by the Minister for Culture and National Heritage.

Art. 18d. [ Protocol of the recruitment] 1. The team shall draw up a protocol of the following:

1. the name and address of the office;

2) determining the position for which the recruitment was conducted, and the number of candidates;

3) forenames, surnames and addresses of no more than 3 of the best candidates ranked according to the level of meeting the requirements laid down in the announcement of the borderline;

4. information on the methods and techniques used for the recruitment;

5) justification of the choice made or the reasons for the nominee's failure;

6) composition of the team.

2. The result of the recruitment shall be announced immediately by the inclusion of the information in the Public Information Bulletin of the Office and the Public Information Bulletin of the Chancellery of the Prime Minister.

3. Information on the outcome of the recruitment shall include:

1. the name and address of the office;

2) determination of the position for which the recruitment was conducted;

3) forenames, the names of the selected candidates and their place of residence within the meaning of the provisions of the Civil Code or information about the failure of the candidate.

4. Setting up in the Public Information Bulletin of the Chancellery of the Prime Minister of the Council of Ministers announcement of the recruitment and the result of this recruitment is free of charge.

Art. 18e. [ Body set up by the assembly carrying out recruitment] 1. The team carrying out the recruitment for the posts referred to in art. 18 (1) 4, appoints the Supreme Director of State Archives.

2. To conduct recruitment for the posts referred to in art. 18 (1) 4, the provisions of Article 4 shall apply mutatis mutandis. 18a-18d.

Article 19. [ The competent authorities in the case of archives] 1. The competent authorities in the cases of archives extracted in the scope of the specified provisions of the Act shall be respectively:

1) Minister of National Defence, minister competent for internal affairs, minister competent for foreign affairs, minister responsible for public finance and minister competent for financial institutions;

2. Head of the Internal Security Agency and Head of the Intelligence Agency;

3) Head of the Central Anti-Corruption Bureau;

4) Chiefs: Chancellery of the Sejm, the Chancellery of the Senate, the Chancellery of the President of the Republic of Poland and the Chancellery of the Prime Minister;

5) Head of the National Security Bureau.

2. The competent authority in the cases of archives of the extracted Institute of National Remembrances-the Commission for the Prosecution Of Crimes against the Polish Nation within the scope of the law is the President of the Institute of National Remembrances-the Commission for the prosecution of against the Polish Nation.

3. (repealed).

4. The Minister of National Defence may authorize the Head of the Military Intelligence Service and the Head of the Military counterintelligence service or the persons by them indicated to consent to the lack of documentation of the non-archival arising from the activities of the units the Military Intelligence Service and the Military Counterintelligence Service respectively.

Article 20. [ Archival Council] 1. The General Director of State Archives works as an advisory body and an opinion of the Archival Council.

2. The Minister for Culture and Protection of the National Heritage shall appoint the members of the Archival Council at the request of the Supreme Director of the State Archives, presented in agreement with the Association of Polish Archivists.

3. The term of office of the Archival Council lasts three years.

Article 21. [ Scope of Action of the Chief Executive of State Archives] 1. The scope of operation of the General Director of State Archives shall be:

1) to coordinate archival activities in the State;

2) (repealed)

3) the issuance of permits for temporary export of certain archival materials;

4) supervising the collection, registration, storage, development, sharing, and securing of archival materials and the lack of archival documentation;

5) supervision of the scientific and publishing activities carried out in the state archives;

6) conducting international cooperation in the field of archival affairs;

7) (repealed)

8) keeping records of traitors of personal and wage files;

9) popularization of knowledge about archival materials and archives and conducting informational and publishing activities;

10) the execution of tasks in the field of computerization of subordinate state archives, consisting in the design, implementation, operation, integration, development and the provision of the information and communication systems serving the archival activities, to protect the personal data processed in these systems, to coordinate these activities and to ensure that data can be exchanged between those systems.

1a. The Chief Executive of the State Archives in the cases referred to in paragraph. 1 (1) and (4) of the State Archives applicable to it may issue a provision of order.

1b. The Chief Executive of the State Archives may entrust the subordinate archive to the subject matter of the tasks referred to in paragraph 1. 1 point 10.

2. The Chief Executive of the State Archives is entitled to check compliance with the regulations on the national archival resource and archives by the entities listed in Art. 22.

3. The Minister for Culture and Protection of the National Heritage, by way of regulation, will determine the detailed scope of action of the Supreme Director of State Archives.

4. The provisions of the paragraph. 1-3 does not apply to extracted archives.

Article 21a. [ Audit flow] 1. The Chief Executive of the State Archives shall notify the head of the controlled organisational unit, hereinafter referred to as the "controlled entity", of the control referred to in art. 21 (1) 2, not later than 7 days prior to the date of commencement of inspection; from the notification may be waited in case of threat of documentation of destruction, damage or loss.

2. The control shall be carried out by the Chief Executive Officer of the State Archives of the Directorate General of State Archives or State Archives, hereinafter referred to as the 'Controller', on the basis of the imitation mandate to carry out the checks, after the presentation of a document confirming the identity and, where appropriate, the appropriate security certificate.

3. The authorisation to carry out checks shall include:

1. the designation of the issuing authority and the date of issue of the authorisation;

2) the legal basis for the control;

(3) the name, surname and official position of the controller;

4. the name and address of the controlled entity;

5) scope and subject of control;

6) the validity of the authorisation;

(7) signature of the issuing authority.

4. The controller shall have the right to:

(1) freedom of movement within the premises of the controlled undertaking and at the place where its tasks are carried out in the areas generally available and, in the case of restricted zones, to move only under the supervision of the staff member designated by the the manager of the controlled entity;

2) inspection of the documentation concerning the scope and object of the control or of the importance for the determination of the facts, subject to the provisions of the secret of legally protected;

3) requests for oral explanations or written explanations;

4) the use of expert assistance.

5. If in the course of the audit it is necessary to examine the issues requiring special messages, the Supreme Director of the State Archives, on his own initiative or at the request of the controller, he appoints the expert, specifying the scope and subject of the opinion, the term of her the remuneration and the remuneration.

6. The head of the controlled entity shall be obliged to:

1. provide the conditions and means necessary for the smooth operation of the checks;

2) the presentation, at the request of the controller, of the documentation relating to the scope and object of the control or of the importance of the facts;

3) a written indication of the name of the person authorized to represent him during the inspection during his absence.

7. The controller shall be obliged to keep in secret the information he has obtained in connection with the performance of his business activities; this obligation shall also be maintained after the establishment of employment.

Article 21b. [ Audit Log] 1. The controller's audit results shall be presented in the audit log.

2. The control protocol shall contain:

1. the name and address of the controlled entity;

2) the determination of the legal act constituting the legal basis for the operation of the controlled entity;

3. the name of the body to which the controlled entity is subject to or supervising the controlled body, and its address;

4) the name and surname of the head of the controlled entity;

5. the name and office of the controller and the date of the authorization to carry out the checks;

6) the date of the start and end of the inspection, with the indication of the days which are interruptions in check;

7) scope and subject of control;

8) information on the statute and the organizational rules of the controlled entity together with a description of its organizational structure;

9) in the case of an entity controlled in liquidation, the bankruptcy of which was announced, in the course of transformation or other organizational changes-information about the date of initiation of liquidation, the announcement of bankruptcy or the introduction of organizational changes, and the estimated time limit for their completion;

10) information about the past organizational changes that have an impact on the manner of realization by the controlled entity of tasks specified in the regulations on the national archival resource and archives;

11) information about the law firm's instruction, a single document list, a qualifier of the documentation and instructions on the organization and scope of operation of the works archive or the record store in force in the controlled entity;

12) information on the checks on compliance with the regulations on the national archives and archives carried out by other entities;

(13) a description of the facts, including the irregularity identified, the reasons for their origin, the extent and effect of the checks and the names and functions of the persons responsible for the irregularity;

14) an indication of the basis for the findings;

15) information about the implementation of the post-control recommendations issued as a result of the last inspection;

16) instructing the law, the manner and timing of the statement of objections to the findings of the audit protocol and of the right to refuse to sign the protocol;

17) a statement of objections to the findings of the audit protocol and of the position taken against them by the controller;

18) discussion of the amendments to the audit record, the deletion and completion of the amendments;

19. signature of the controller and indication of the place and date of signature of the control protocol;

(20) signature of the head of the controlled entity and indication of the place and date of the signature of the control protocol, or in the case of refusal to sign the audit protocol, a mention of this fact.

3. The manager of the controlled entity, prior to the signature of the control protocol, may report written motivated objections to the findings of the audit protocol, within 14 days from the date of its receipt.

4. The controller shall, in the event of a reservation of objections to the findings contained in the control protocol, within 14 days from the date of receipt, carry out an analysis of the reservations and take additional control steps as necessary.

5. Where it is found that the reservations to the findings of the control protocol are well founded in whole or in part, the controller shall amend or supplement the audit protocol.

(6) In the event of failure to take any objection to the findings of the audit protocol, the controller shall leave the audit protocol unchanged.

7. The manager of the controlled entity may refuse to sign the control protocol by submitting within 7 days from the day of its receipt a written explanation of the reasons for the refusal.

8. In the case of refusal to sign the audit log the controller shall attach to him a written explanation of the reasons for refusal.

9. The refusal to sign the audit protocol by the manager of the controlled entity shall not prevent the controller from signing the protocol.

Article 21c. [ Post-control occurrence] 1. The Chief Executive of the State Archives, within 2 months from the date of receipt of the control protocol, shall hand over to the manager of the inspected entity the occurrence of the post-control.

2. A post-control occurrence contains:

(1) an indication of the issuing occurrence;

2. the name and address of the controlled entity;

(3) the legal basis for control;

4) the name and business position of the controller;

5) the start date and end of the inspection;

6) scope and subject of control;

7) the assessment of the activities of the controlled entity in the field controlled, including the identified irregularities;

8) recommendations on how to remove irregularities;

9) the deadline for the removal of irregularities or the deadline for elabating the timetable for implementation of recommendations and

10) signature of the issuing occurrence;

11) the date of signing the occurrence.

3. The occurrence of a control shall be given to the manager of the controlled entity also in the event that he refused to sign the audit protocol.

4. The manager of the controlled entity, within 21 days from the day of receipt of the post-control occurrence, may report written reasoned objections to the evaluation and recommendations contained in the post-control appearance, and submit additional explanations and submit additional documentation.

5. The Chief Executive of the State Archives, within 21 days from the date of receipt of the objections:

1) changes the occurrence of the post-control and the changed occurrence, together with the statement of reasons, gives the manager of the controlled entity-if the validity of all or part of the reservations is found, or

2) refuses to change the occurrence of the post-control and its position, together with the justification, shall be given to the manager of the controlled entity-in the case of disclaimer of the whole.

6. The manager of the controlled unit is required to make recommendations contained in the post-control occurrence.

7. The head of the controlled entity, within the time specified in the control speech, informs the Chief Executive of State Archives about the manner of execution of the recommendations contained in this occurrence and the actions taken to address the irregularity or causes of failure to take such action.

8. If the controlled entity does not perform the recommendations contained in the control speech, the Chief Executive of the State Archives occurs to the parent body of the controlled entity or the authority supervising it with the request for the application of supervision measures for the removal of irregularities detected during the checks.

Article 21d. [ Total Audit Duration] 1. The total duration of control of the controlled entity, including including additional control activities referred to in Article 21b ust. 4, may not exceed 30 working days in a calendar year.

2. The provision of the paragraph. 1 shall not apply to the inspection carried out in the State Archives subordinate to the Chief Executive of the State Archives.

Article 22. [ Archival activities in the field of the State archival stock] 1. Archival activity in the scope of the state archival resource conducts the state archival network, which they create:

1) State archives;

2) extracted archives;

3) archives of the establishment of state bodies and other state organizational units;

(3a) archives of the establishment of bodies of local government units and local government units.

4) (repealed)

2. Archival activities in the scope of the state archival stock also carry out:

1) the organisational units which hold the entrusted archival resource;

2) libraries and museums, storing archival materials that enter the state archival resource, and collecting the specified in art. 15 para. 2 archival materials constituting the state archival resource:

(a) the organiser of which is:

-the minister or head of the central office,

-local government unit,

-State-owned establishment,

(b) operating in state organisational units and local business units.

Article 22a. [ Free use of ICTs] Entities referred to in Article 22 par. 1 points 2 to 3a and paragraph 1. 2, in the scope of conducted archival activity may, on the basis of a contract or an agreement concluded with the Supreme Director of the State Archives or the appropriate state archive, free of charge the use of the ICT systems referred to in art. 21 (1) 1 point 10.

Article 23. [ Archival activity range] Archival activities include the collection, registration, storage, development, security and making available of archival materials and the carrying out of information activities.

Article 24. [ Subordination of State Archives] 1. The Minister of Culture and Conservation of the National Heritage, by means of a regulation, creates or links state archives and establishes their headquarters and the scope of action or liquidates the state archives, guided by the need to ensure proper organization of state archives by adjusting their number, character, size and local properties to the amount of stored archival materials, as well as rational management of financial resources and the city of archives state.

2. State archives shall be subject to the Chief Executive of State Archives.

3. The activities of state archives shall be directed by the directors appointed by the Supreme Director of State Archives.

4. The Chief Executive of the State Archives at the State Archives may appoint a Scientific and Programme Board as an advisory body and an opinion. The Director of the State Archive shall, in the event of the establishment of the Scientific and Programme Board, establish its personal composition.

Article 25. [ The scope of the operation of central State archives] 1. State archives of a central character include the scope of operation of the area of the whole State.

2. Archive resource of archives referred to in paragraph. 1 are archival materials arising from the activities of the primates and central authorities of government and government administration and other central organizational units, as well as archival materials collected by these archives in the past (historical asset).

Article 26. [ The scope of operation of non-central State archives] 1. State archives not having a central character include the scope of operation of the area of one or several voivodships.

2. Archive resource of the state archives referred to in the paragraph. 1 shall constitute archival materials arising in the field of their operation, as well as their historical resource, with the exception of archival materials entering the archives of the archives of the State of central nature.

Article 27. [ Derogations from the rules for the deployment of state archives] 1. The Chief Executive of the State Archives in justified cases, due to the needs of science, culture and the national economy and to safeguard the archival resources, may, after consulting the Archival Council, introduce a derogation from the rules their deployment as defined in Article 25 and 26.

2. Paragraph Recipe 1 does not apply to archive resources of extracted archives.

Article 28. [ The scope of operation of state archives] 1. The scope of operation of state archives shall be in particular:

1) shaping the state archival resource;

2) collection, recording, storage, development, security and making available of archival materials belonging to their archive resource;

3) control of the handling of archival materials entering into the state archival resource and unarchival documentation created and collected in the bodies and organizational units referred to in art. 5 par. 1, irrespective of the place and legal title of the storage of these materials or documentation, with the exception of the bodies having the archives extracted;

4) issuing certified copies, extracts, extracts and reproductions of stored materials, and issuing certificates on the basis of these materials;

5) conducting scientific work and publishing in the field of archivistics and related fields;

6) popularizing knowledge about archival materials and archives and carrying out information activities;

7) carrying out the tasks defined in the regulations on the national archival resource and archives.

2. The state archives, with the consent of the Supreme Director of the State Archives, may entrust another state archive with the carrying out of the inspection referred to in the paragraph. 1 point 3.

3. The Chief Executive of the State Archives in the cases referred to in paragraph. 1 (1) and (3) and (3) 2, concerning the subordinate state archives, may issue an order.

4. The control referred to in paragraph. 1 point 3, the provisions of Article 1 21a-21d shall apply mutatis mutandis.

Article 29. [ Extracted Archives] 1. The archives shall be extracted:

1) archive of Sejm of the Republic of Poland;

2) archive of Senate of the Republic of Poland;

3) archive of the President of the Republic of Poland;

4) archive of the Council of Ministers;

5) archive of the National Security Bureau;

6. Archives:

a) the office serving the Minister of National Defence and the bodies and organizational units subordinate to and supervised by this Minister-in the scope of the department of government administration defense,

(b) the offices serving the Minister responsible for the internal affairs and the minister responsible for foreign affairs, and the bodies and organisational units subordinate to and supervised by those ministers-within the scope of the departments of the government of the case internal and foreign affairs,

(c) the organisational cells carrying out the treasury intelligence activities in the business units subordinate to and supervised by the Minister responsible for public finance, in so far as these activities are concerned,

(d) (repealed),

(e) the organisational cell carrying out the task of preventing money laundering and the financing of terrorism in the office serving the Minister responsible for financial institutions, in respect of those tasks;

7) the archives of the Internal Security Agency and the Intelligence Agency;

8) archive of the Central Anti-Corruption Bureau;

9) archive of the Institute of National Remembranes-the Commission's Prosecution Of Crimes against the Polish Nation.

2. The extracted archives shall cover the scope of operation of the whole or part of the State.

3. Minister of National Defence, minister competent for internal affairs, minister competent for foreign affairs, minister competent for financial institutions, minister responsible for public finance, Head of the Chancellery of the Prime Minister, Head of the Internal Security Agency, Head of the Intelligence Agency and Head of the Central Anti-Corruption Bureau, in consultation with the Minister of Culture and National Heritage, shall determine, by way of arrangements, the organisation of the subordinate and the competent authorities of the Union. those supervised archives, taking into account, in particular, the scope of their action.

4. Head of the Chancellery of the Sejm, Head of the Chancellery of the Senate, Head of the Chancellery of the President of the Republic of Poland, Head of the National Security Bureau and President of the Institute of National Remembrance-Commission for the Prosecuting of Crimes against the Polish National the opinion of the Minister responsible for culture and the protection of the national heritage, shall determine, by way of arrangements, the organisation of the archives which they have been subject to and supervised by them, taking into account, in particular, the scope of their operation.

5. To cases not regulated by the provisions issued on the basis of the paragraph. 3 and 4 shall apply mutatis mutandis to state archives.

6. (repealed).

Article 30. [ The archival resource of the supreme authority of Poland] 1. Archive resource of archives: the Sejm of the Republic of Poland, the Senate of the Republic of Poland and the President of the Republic of Poland constitute the archival materials created and created in the course of their activities, as well as their historical resource.

2. The archive resource of the archive of the Council of Ministers shall constitute the archives of the President of the Council of Ministers, the Council of Ministers and the Chancellery of the Prime Minister, created and created in the course of their activities, as well as the historical resource of the Council of Ministers.

Article 31. [ extracted archive archive resources range] 1. Archive resource of archives of the archives referred to in art. 29 par. 1 points 5 to 8 are archival materials created and created in the course of the activity:

1) (repealed)

2) bodies and organizational units subordinate to and supervised by the Minister of National Defence, Minister competent for Home Affairs, Minister competent for Foreign Affairs, Head of the Internal Security Agency, Head of the Intelligence Agency, Head of the Central Anti-Corruption Bureau and the Head of the National Security Bureau;

3) the offices serving the Minister of National Defence, the minister competent for internal affairs and the minister competent for foreign affairs;

4) organizational cells carrying out treasury intelligence activities in organizational units subordinate to and supervised by the Minister responsible for public finance affairs;

5) (repealed);

6) the organisational cell carrying out the task of counteracting money laundering and terrorist financing in the office serving the minister responsible for financial institutions.

2. The archival resource of an archive of the extracted, subordinate minister competent for foreign affairs shall also include documents sent and submitted by foreign entities of international law.

3. The archival resource of an archive of the extracted, subordinate to the President of the Institute of National Remembrance-the Commission of the Prosecutions of Crimes against the Polish Nation, constitute the archival materials defined by the Act of 18 December 1998. o Institute of National Remembrance-the Commission for the Prosecution Of Crimes against the Polish Nation (Dz. U. of 2014 items 1075 and of 2015 items 935), as well as the resulting activities of this Institute.

Article 32. [ The transfer of archival materials by the extracted archives] 1. The archives of the archives shall be transmitted to the public archives of a central nature, which are so far in their stock, after the circumstances justifying their storage in the archives of the archives, but no later than the other than after 50 years from the date of their manufacture, provided that this does not violate the legitimate interests of the State and of the citizens.

2. (repealed).

3. (repealed).

Article 33. [ Objectives of establishment of works archives] 1. Works archives are created in the state organizational units and in the units of local government and other local organizational units in which archival materials arise. If necessary, you can create more than one target archive in these units.

2. If the entity referred to in paragraph 1, is the ministry, the archive of the works is created separately for each department of government administration, specified in the separate regulations.

3. The units in which the plant archives are formed shall determine:

1) in respect of units covering the activities of the area of the whole State-the Supreme Director of State Archives;

2) in relation to other units-the director of the relevant state archive.

Article 34. [ Obligations of the directors of the archives of the works] 1. The managers of the organizational units referred to in art. 33, are required to provide:

1) the collection, storage, registration and adequate security of archival materials and non-archival documentation, constituting the resource of the subordinate archives of the works;

2) the classification and qualification of archival materials and non-archival documentation, as well as the transfer of archive materials to the proper state archives and the lack of documentation of non-archival documentation.

2. The managers of these units shall, moreover, be required to use the relevant archive material before outsourcing the design work.

3. If the organization unit is the office of government administration, the unit manager shall perform the tasks specified in the paragraph. 1 and 2 by the Director-General of that office, established on the basis of separate provisions.

Article 35. [ Scope of the works of the works archives] 1. Works archives include the activity scope of the business unit in which they were created.

2. The archival resource of the works archives constitutes archival materials created and created in connection with the activity of the organizational units in which they were created. The archives of the works may not have a historical resource; this does not apply to the archives of higher education institutions.

3. Archive resource of the works archives serves the needs of the units in which the archives were created. To use this resource by third parties, it is necessary to allow the manager of the organizational unit in which the archive exists.

Article 36. [ Record Stores] 1. In State and local government units other than those referred to in art. The 33 arising from them and the resulting documentation, which no longer apply in their activities, shall be collected in the records of the records.

2. The managers of the units referred to in the paragraph. 1 are required:

1) provide protection against destruction or loss of documentation collected in record stores;

2) allow the competent archive of the state to supervise the missing documents of non-archival documentation;

3) ensure that the records kept in the records are kept in records.

3. The documentation that is stored in the record stores serves the needs of the units in which the record stores were created. In exceptional cases, it is provided to third parties with the permission of the manager of the organizational unit in which the record store exists.

Article 36a. [ Conditions for creating an archive of the works or the record store for the state and local business units] If the entity referred to in Article 33 and art. 36, a field structure, a plant archive or a record store may be set up separately for each such structure, provided that it meets at least one of the following criteria:

1. is an organised, isolated and independent whole located at the site identified by the separate address at which or from which the activity is carried out;

2) conducts regional activities and regional needs;

3) have documentation useful for the needs referred to in art. 16 ust. 1 in the area on which it is produced and collected.

Article 37. (repealed)

Article 38. [ Entruning the collection and storage of archival materials to the organizational units] Organisational units, due to their specific nature or tasks, upon their request, the Supreme Director of the State Archives may entrust permanently or for a limited time a certain collection and storage of archival materials, specifying at this the conditions for entruning.

Article 39. [ Collection and storage of archival materials by libraries and museums] 1. Libraries and museums mentioned in art. 22 par. 2 (2), which collect and store archive materials entering the State archival resource, shall, as far as these materials are concerned, perform the functions of the units of the State archival network.

2. The organisational units referred to in the paragraph. 1 in the scope of the possessed archival stock are subject to the provisions of the Act.

Article 40. [ Application of provisions to staff employed in the Main Directorate of Archives] 1. The rights and duties of employees of the General Directorate of State Archives and State Archives, to which the provisions of the Act of 21 November 2008 do not apply. o Civil service (Dz. U. of 2014 items 1111 and 1199 and 2015 items 211), lay down the provisions of the Act of 16 September 1982. about employees of government offices (Dz. U. of 2013 r. items 269 and from 2014 items 1199).

2. In the Supreme Directorate of State Archives and State Archives, it is possible to employ academics. The provisions of Articles shall apply to scientific staff. 39 (1) 2, art. 41, art. 42, art. 43 par. 1 points 1, 2, 4 and 5 and paragraph 5. 2, 3, 5 and 6, art. 44 par. 1 and paragraph 5 points 1-4 and 6, art. 47 para. 5, art. 59 and Art. 60 of the Act of 30 April 2010. o research institutes (Dz. U. of 2015 items 1095), and as regards the remuneration rules-the provisions of the Act of 16 September 1982. about the employees of state offices, except for art. 11 and art. 12 of this Act.

Chapter 4

Non-State Archive Resource

Article 41. [ Create a non-state archive resource] 1. A non-state archive resource consists of archival materials that do not enter the state archive resource.

2. This resource is:

1. evidenced;

2) unaccounted for.

3. (repealed)

Article 42. [ The composition of the records of the non-state archival stock] The records of the non-state archive shall be constituted by archival materials arising from and arising from the activities of:

1) political parties,

2) political organizations, cooperative societies and other social organizations,

3) churches and religious associations,

4) other than those mentioned in point 2 of non-state organisational units

and their ownership.

Article 43. [ Restrictions on property of archival materials] 1. The property of archival materials referred to in art. 42, may not be traded; it is, moreover, restricted by the provisions of Article 4 (1) of 6 and Article 8.

2. (repealed)

3. (repealed)

Art. 43a. [ The reference to the Act on public interest and volunteering] Under the conditions laid down in the Act of 24 April 2003. about the activity of the public benefit and about the volunteer (Dz. U. of 2014 items 1118, 1138 and 1146) The Chief Executive of the State Archives may commission the execution of public tasks in the field of filing, storage, development, making available or securing the archival materials referred to in art. 42.

Article 44. [ The transfer of archive materials to the State] 1. The moment of permanent cessation of activities by the organization unit referred to in art. 42, its archival materials become the property of the State, enter the state archival stock and are subject to the transfer to the competent unit of the state archival network indicated by the decision of the Chief Executive of State Archives.

1a. Where records are kept, stored, compiled, made available or protected by the archive materials referred to in Article 3. 42, was carried out on the basis of the principles set out in art 43a, these materials:

1) on the day of the opening of liquidation or the announcement of the bankruptcy of the organizational unit storing them shall become the property of the State and enter the state archival stock;

2) are transferred to the state archive designated by the decision of the Chief Executive of the State Archives immediately after the opening of liquidation or the announcement of the bankruptcy of the organizational unit referred to in point 1.

2. The archival materials referred to in art. 42, may become State-owned, with the consequences set out in the paragraph. 1, by decision of the competent authorities of non-state organisational units.

3. The archival materials referred to in art. 42, may be transferred to the deposit of public archives.

4. Minister of competent for culture and protection of the national heritage, after consulting the Supreme Director of the State Archives, by means of the regulation, will determine the conditions and mode of transfer to the archives of the state archival materials, o which are referred to in art. 42, in the cases referred to in paragraph 1. 1-3, taking into account the historical value of the documentation, the state of its order and its position, and protection against damage, destruction or loss.

Article 45. [ Records of materials entering the non-state archival resource] 1. The bodies of non-state organizational units shall be obliged to register, store and secure archival materials constituting the non-state archive resource.

2. The bodies referred to in paragraph. 1, determine the rules and mode of making available archival materials included in the non-state archival resource.

3. Archives of non-state organizational units may include also a historical asset within the meaning of art. 25 par. 2.

4. Co-operation of archives of non-state organizational units referred to in art. 42, with the state archival network, define the agreements between their competent authorities and the Minister for Culture and Protection of the National Heritage.

Article 46. [ Composition of unregistered non-state archival stock] An unregistered non-state archive resource shall create materials arising from and arising from the activities of natural persons who are the property of such persons or their legal successors.

Article 47. [ Transfer of unregistered non-State-owned archival stock] 1. The right of ownership of the persons referred to in art. 46, it is limited only by the provisions of art. 14.

2. Archival materials referred to in art. 46 may be traded for free and free of charge, subject to the limit referred to in paragraph 1. 1 and in Art. 9.

3. Transfer of ownership by contract of sale of materials referred to in art. 46, for the State shall be exempt from notarial fees.

4. Transfer of ownership of materials referred to in art. 46, by way of inheritance or transcript, is exempt from inheritance tax and on notarial charges.

5. Article Recipe 44 par. 3 shall apply mutatis mutandis.

Article 48. (repealed)

Article 49. (repealed)

Article 50. (repealed)

Article 51. (repealed)

Chapter 4a

Economic activity in the storage of personal and wage documentation of employers with temporary storage

Article 51a. [ Execution of business activities for the storage of personal and wage documentation] 1. The economic activity in the area of storing personal documentation and paying employers with temporary storage period, hereinafter referred to as "documentation", is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2015 items 584, as late. zm.), performed by the entrepreneur, and requires obtaining an entry in the register of traitors of personal and wage files, hereinafter referred to as the "register".

2. The activities referred to in paragraph 2. 1, may also be performed by:

1) State archives;

2) The Association of Polish Archivists.

3. The activities referred to in paragraph. 1, may be performed only by an entrepreneur who is a legal person or an organizational unit without legal personality.

Art. 51aa. (repealed)

Art. 51ab. [ Retention of documentation produced by liquidated cooperatives and cooperative organisations] The review unions of cooperatives and the National Cooperative Council shall keep the documentation produced by the liquidated cooperatives and cooperative organisations in the manner laid down in the provisions adopted on the basis of the art. 129 of the Act of 16 September 1982. -Cooperative law (Dz. U. of 2013 r. items 1443, with late. zm.).

Art. 51b. [ The authority of the registry] The register authority shall be the marshal of the voivodship due to the place where the activity covered by the entry is performed. The register may be kept in an IT system.

Art. 51c. [ Entry to register] 1. The entry to the register shall be made on the basis of an entrepreneur's request containing the following data

1) the company of the entrepreneur and its registered office and address;

2) the number in the Register of Entrepreneurs;

3) tax identification number (NIP);

4) the names of persons entitled to represent the entrepreneur;

5) the definition of the scope of activities to be covered by the entry;

6) determination of the place or places in which the activity covered by the alert will be carried out and the date of its commencence;

7) statement that the entrepreneur on the day of submission of the application:

(a) there is no tax arrears,

(b) there is no arrears in respect of commitments to the Social Insurance Institution,

(c) does not appear in the Register of Debtors of the Insolvent National Court Register.

2. Together with the application referred to in paragraph. 1, the entrepreneur shall make a declaration of the following contents:

" I declare that:

1) the data contained in the application for entry to the register of the payers of the personal and pay files shall be complete and truthful;

2) I am known to me and meet the conditions for the pursuit of business activities in the area of storing personal documentation and the wage of employers with temporary storage period, set out in Chapter 4a of the Act of 14 July 1983. about the national archival resource and the archives. ".

3. The statement shall also include:

1) the company of the entrepreneur and its registered office and address;

2) the designation of the place and the date of the declaration;

3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.

4. The Minister for Culture and Protection of the National Heritage shall specify the model of the application referred to in paragraph 1. 1, which contains the statement referred to in paragraph 1. 2, in the form of an electronic document within the meaning of the Act of 17 February 2005. o computerisation of the activities of public entities.

Art. 51d. [ Conditions for the performance of business activities in the area of storing personal and wage documentation] 1. Terms and conditions for the performance of the activities referred to in art. 51a (a) 1, are:

1) the entrepreneur's possession of the organizational and technical base providing the conditions for the keeping of the documentation specified in art. 51n and the relevant conditions for its making available;

2) the entrepreneur's possession of the rules of service, which will be provided within the activity covered by the inscription;

3) hiring an entrepreneur to carry out tasks related to the maintenance of documentation of a person with specialized education and professional practice.

2. The composition of the board of the entrepreneur shall not enter persons who have been punished for offences against the reliability of documents or property.

Art. 51e. [ Data to be entered in the register] The entry in the register shall be subject to the data referred to in Article 51c (1) 1 (1) to (6) and information on the economic operator's attitude to the liquidation or the declaration of bankruptcy.

Article 51f. [ Inclusion of the entry] 1. An entrepreneur entered in the register shall be issued a certificate of entry containing the following data:

1) the company of the entrepreneur and its registered office and address;

2) the scope of the business activity covered by the entry;

(3) the place of business of the business covered by the alert;

4) the date of commencing business activity.

2. The entrepreneur is obliged to immediately report to the Marshal of the voivodship any changes to the data referred to in art. 51c (1) 1 points 1 to 6, as well as information on the entrepreneur's attitude to the state of liquidation or the announcement of its bankruptcy.

3. The Minister responsible for Culture and National Heritage shall specify the model of the certificate referred to in paragraph 1. 1, in the form of an electronic document within the meaning of the Act of 17 February 2005. o computerisation of the activities of public entities.

Art. 51g. [ Records of traitors of personal and wage records] 1. O registration of the entrepreneur in the register of the Marshal of the voivodship shall notify the Supreme Director of the State Archives within one month from the date of the entry, giving the data referred to in the paragraph. 4 points 1 to 4.

2. On the basis of the information obtained from the marshals of the voivodships and entrepreneurs the Supreme Director of the State Archives shall keep records of the trainers of the personal and wage files, hereinafter referred to as "the records".

3. The residence is overt.

4. The records shall be entered:

1) the company of the entrepreneur and its registered office and address;

2) the scope and place (s) of the activities;

3) information about the deletion of the entry from the register and the suspension or termination of the performance of the activity covered by the entry;

4) information on the entrepreneur's attitude to the state of liquidation or the announcement of its bankruptcy;

5) the designation of the Marshal of the voivodship, who made the entry in the register;

6) the information referred to in paragraph. 6.

5. The Marshal of the voivodship shall notify the Supreme Director of State Archives of the change of the data mentioned in the paragraph. 4 points 1 to 4 within one month from the day on which the news is taken.

6. The entrepreneur shall transfer to the Head Office of the Social Insurance Institution and the Chief Executive of the State Archives the list of employers whose documentation the entrepreneur has taken over in a given calendar month, and the period from which this documentation comes, by the end of the following calendar month.

Art. 51h. [ Deletion of an entry in the register] 1. The Marshal of the voivodship shall draw from the office, by decision, entry in the register in the case of:

1) the adoption of the decision referred to in Article 71 (1) 1 of the Act of 2 July 2004. the freedom of economic activity;

2) the issuance of a final decision prohibiting an entrepreneur from performing an activity covered by the entry;

(3) where liquidation or bankruptcy proceedings involving the liquidation of the bankrupt property have been completed with the trader.

2. The Chief Executive of the State Archives may issue a decision ordering the submission of personal and wage documentation collected by the entrepreneur, to which the decision referred to in the paragraph has been issued. 1 point 1, or the judgment referred to in paragraph 1. 1 point 2, for paid storage in the indicated state archive, if the entrepreneur has been deleted from the National Court Register or from the Central Register and Information on Economic Activity, and there is also a threat of destruction the documentation collected by the trader, in particular as a result of the impact of atmospheric or unlawful acts of third parties, and there is no legal basis for it to be transferred to another entity for further storage.

3. Before the adoption of the decisions referred to in paragraph. 2, the Chief Executive of the State Archives makes an assessment of the documentation at the place where it is located.

4. The decision referred to in paragraph 4. 2, a rigor is suitable for immediate feasibility.

5. In determining the acquisition costs, the filing, storage and maintenance of the documentation the provisions of art. 51p ust. 6-9 and Art. 51z ust. 4 and 5 shall apply mutatis mutandis.

Art. 51i. [ Non-marketability of allowances resulting from entry in the register] Rights deriving from the entry in the register:

1. they are non-transferable;

(2) the company being acquired or any of the merging companies of the new company, as well as the company subject to division, do not pass on to the acquiring company or the newly established company;

(3) cooperative societies or other cooperative societies do not pass on cooperatives resulting from the division or merger;

(4) traders not referred to in points 2 or 3, which are subject to division or merger, do not pass on to the entity resulting from the division or merger.

Art. 51j. [ Scrutiny of the entrepreneur's activity entered in the register] 1. A control of the business activity in the scope of the register shall be carried out by the Marshal of the Voivodeship.

2. To carry out checks on the activities of the entrepreneur entered in the register of the Marshal of the voivodship may empower another state body or state organization unit specialized in the control of a given type of activity, concluding with such the body or body of an agreement defining the rules for carrying out checks, including the rules for its financing.

3. The first control of the entrepreneur entered in the register shall be carried out no later than the end of the year from the date of the entry.

Art. 51k. [ Terms of Service] 1. An entrepreneur shall perform his activity on the basis of the rules of service provision, specifying in particular:

1) the scope of the services provided;

2) the rules for the receipt of documentation for storage, records and storage;

3) the general rules for the protection of documentation against unauthorised persons;

4) the place of supply of services and the deadlines for their performance;

5) the mode of taking of the interest;

6) the manner and deadlines for making documentation available;

7) the amount of fees charged for the services;

8) procedures concerning the lack of documentation and destruction of documentation.

2. The Rules of Procedure referred to in paragraph 1. 1, the entrepreneur makes available in the premises where the interests are accepted.

Art. 51l. [ Application of provisions of the Civil Code] The provisions of the Civil Code concerning storage, excluding Article, shall apply to the performance of the activity covered by the entry in the register. 844 § 2.

Art. 51m. [ Qualifications of persons employed by the entrepreneur to work with documentation] 1. If, in connection with the economic activity covered by the entry in the register, the activities consisting in the collection, registration, development and security of documentation are carried out and on the issue of copies and copies thereof, the entrepreneur is they are obliged to employ those who have specialised education and professional practice in those activities.

2. The Minister for Culture and the Protection of National Heritage shall determine, by means of a regulation, the types of education deemed to be specific within the meaning of the paragraph. 1 and documents proving the possession of a professional practice, taking into account in particular the suitability of particular types of education for the activities performed, as well as the way of documenting the possession of professional practice, including types documents.

Art. 51n. [ Documentation protection] 1. The documentation shall be stored in conditions which ensure its proper protection against destruction and theft.

2. The Minister for Culture and the Protection of National Heritage shall determine, by means of a regulation, the conditions under which the documentation may be stored, taking into account in particular its protection against moisture, temperature changes and harmful effects of light.

Article 51a. [ Obligations of the entrepreneur in relation to the person to whom the documentation relates] At the request of the person to whom the dossier relates, the trader:

1) it shall transmit copies or copies of this documentation by post or other indicated by the requesting means, under the address indicated by it, by increasing the amount of the claim for the service for the incurred costs of that transfer, or

2) provide the requesting insights into the documentation on the site located in the territory of the Republic of Poland.

Art. 51o. [ Fees for writing a copy or a copy of the documentation stored] 1. The Minister for Culture and National Heritage shall determine, by way of regulation, the maximum amount of the fees charged by the entities referred to in art. 51a (a) 1 and 2, for the drawing up of a copy or a copy of the stored documentation, taking into account the costs incurred by those entities relating to the storage of the records and the drawing up of copies or copies, and in particular the costs of:

1) search for documents;

2) preparation of documents for the preparation of the copy or copy;

3) the drawing up of the copy or copy;

4) ensure appropriate conditions for storing the documentation.

2. The provisions issued on the basis of the authorization contained in the paragraph. 1 shall also apply to entities other than those referred to in Article 3. 51a (a) 1 and 2 storing the documentation.

Art. 51p. [ Indication of the operator of the documentation in the event of an entrepreneur being put into liquidation or announcing its bankruptcy] 1. In the case of the entrepreneur's attitude in liquidation or the announcement of his bankruptcy, respectively, the liquidator or the receiver of the bankruptcy mass shall indicate the conservator, whose documentation will be transferred for further storage, providing for the the purpose of the financial resources for the period remaining until the expiry of the contracts for the storage of this dossier concluded by the trader. In the absence of such an indication, the court shall designate a registration court, after the liquidator or liquidator has provided the bankruptcy mass of the financial resources referred to in the preceding sentence.

2. The conservator referred to in paragraph. 1, should obtain an entry in the register before taking over the documentation.

3. In the case of a determination by the registration court, at the request of the liquidator or the receiver of the bankruptcy mass, the impossibility of providing funds for the costs of further storage, the documentation takes over the entity supervising the organization unit to which the documentation was owned and, in the absence of such an entity, the state archives competent locally or indicated by the Chief Executive of the State Archives. Before issuing the order, the court shall consult the head of the tax office of the competent local authority for the establishment of the trader of his assets.

4. The provisions of the paragraph. 1-3 shall apply mutatis mutandis if a trader is removed from the register before the expiry of the period of storage of the dossier.

5. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis if, before the expiry of the period of retention of the trader's records, the trader ceases to carry out the activity covered by the entry in the register.

6. (repealed).

7. To the funds to cover the cost of storing the documentation by the state archives, which took it in accordance with the mode set out in the paragraph. 3, the provisions of Chapter III of the Act of 29 August 1997 shall apply accordingly. -Tax Ordinance (Dz. U. of 2015 items 613, 699 and 978), except that the powers of the tax authority, as provided for by those provisions, are conferred by the Director of the State Archives. If the execution of the cost of storing the documentation taken over by the state archives proves to be ineffective, then these costs are covered by the means at the disposal of the Chief Executive of the State Archives.

8. The amount of the financial resources to cover the costs referred to in paragraph 1. 7, establishes the Director of the State Archives, by means of a decision, taking into account the necessary expenses associated with the storage of the documentation.

9. To the proceedings concerning the determination of the costs referred to in the paragraph. 7, the provisions of the Act of 14 June 1960 apply. -The Code of Administrative Procedure (Dz. U. of 2013 r. items 267, of late. zm.).

Art 51r. [ Submission of records of temporary storage] In the cases referred to in art. 51p ust. 1 and 3-5, together with the documentation, the remaining documentation of the temporary storage period is transferred.

Art. 51s. [ Obligation to arrange documentation] Documentation to be provided for further storage in accordance with the procedure laid down in Article 51p ust. 1 or 3-5 shall be in advance of the order; the provisions of the documents shall be subject to the collation of the provisions of the Rules of the Rules of the European Community. 5 par. 2, with the exception of the obligation to supply each of the pages with a further number.

Art. 51t. [ Application of the provisions of the Act on the freedom of economic activity] The provisions of the Law of 2 July 2004 shall apply in matters not governed by this Chapter. about the freedom of economic activity.

Chapter 4b

Dealing with the personal and wage documentation in the event of liquidation or bankruptcy of the employer

Article 51u [ Indication of the entity acquiring the dossier] 1. In the event of the employer's attitude to the liquidation or the announcement of his bankruptcy, the liquidator or the receiver of the bankruptcy shall be indicated by the entity conducting the documentation holding, to which it will be transferred to the further storage, providing for this purpose the financial resources for the remainder of the 50-year period of retention of documentation calculated from:

1) termination of work for a given employer-for personal documentation;

2. production-for the wage documentation.

2. Specified in the mouth. 1. the obligation to indicate to the acquiring entity the documentation and to provide the means for its storage shall not apply to employers to whom the provisions of Article 4 are applicable. 5.

3. In the case of a declaration by the registered court, at the request of the employer or the receiver of the bankruptcy filing the entry to the National Court Register or to the Central Register and Information on Economic Activity, the inability to provide the means for further storage costs, the documentation takes over the state archives, created for this purpose by the minister competent for culture and the protection of national heritage.

4. Before the issue of the order on the application referred to in paragraph. 3, the court shall consult the head of the tax office competent for the seat of the employer of his or her estates.

5. Rules of Art. 51p ust. 7-9 shall apply mutatis mutandis.

6. The liquidator or the receiver of the mass of bankruptcy shall arrange the documentation before it is submitted for further storage. The provisions of the documents shall be subject to the collation of the provisions of Article 4. 5 par. 2, with the exception of the obligation to supply each of the pages with a further number.

7. The liquidator or the receiver of the bankruptcy mass transfers the documentation for further storage before the deletion of the employer from the National Court Register or the Central Register and Information on Economic Activity.

Art. 51w. [ State Archive Tasks] For the tasks of the state archives referred to in art. 51 in the mouth. 3, in particular the filing, storage, securing and making available of the acquired documentation and the issuing of copies and copies thereof; the archive may perform other tasks provided for in the Act for State Archives.

Art. 51z. [ Proceedings with a dossier belonging to an employer deleted from the KRS or from the Central Register and Information on Business Activity] 1. The Chief Executive of the State Archives may issue a decision ordering the submission of the documentation, which belonged to the employer removed from the National Court Register or from the Central Register and Information on Economic Activity, for the consideration storage in a designated state archive where there is a threat of its destruction, in particular as a result of the impact of atmospheric factors or unlawful acts of third parties, and there is no legal basis for it to be transferred to another for further storage.

2. Prior to the release of the decision the Supreme Director of the State Archives makes an assessment of the documentation at the place where it is located.

3. The decision referred to in paragraph 3. 1, a rigor is suitable for immediate enforceability.

4. For the execution by the Chief Executive of the State Archives of the State Archives related to the assessment referred to in paragraph. 2, the provisions of the Act of 17 June 1966 shall apply accordingly. on enforcement proceedings in the administration (Dz. U. of 2014 items 1619, latn. zm. zm.), concerning the security of performance of non-monetary obligations.

5. The costs of taking over, on the basis, safing and maintenance of documentation by the State archives shall be jointly and severally liable to the managing authority or the functions of the managing body of the employer on the date of its removal from the National Court Register or Central Records and Information on Economic Activity.

6. Rules of Art. 51p ust. 7-9 shall apply mutatis mutandis.

Chapter 5

Penal provisions

Article 52. [ Liability for damage or destruction of archival materials] 1. Who, having a special obligation to protect archival materials, damages them or destroys them,

shall be punished by imprisonment for the years 3.

2. If the perpetrator acts inadvertently,

shall be subject to a fine or penalty of restriction of liberty.

Article 53. [ Liability for export of archive materials abroad without authorization] 1. Who, without authorization, exports the archival materials abroad or after being exported abroad does not bring them to the country within the time limit set in the permit,

shall be punished by imprisonment for the years 3.

2. If the perpetrator acts inadvertently,

shall be subject to a fine or penalty of restriction of liberty.

3. The Tribunal may declare the forfeiture of archival materials constituting the object of the offence

Article 54. [ Liability for disposal without permission of archival materials] 1. Who is disposed of, assists in the divestment or acquisition of archival materials forming part of the national archive resource, if he/she knew that the buyer would like to export them abroad without authorization,

shall be punished by imprisonment for the years 3.

2. If the perpetrator acted inadvertently,

shall be subject to a fine or penalty of restriction of liberty.

Article 55. (repealed)

Chapter 6

Amendments to the provisions in force

Article 56. (bypassed)

Chapter 7

Transitional and final provisions

Article 57. (bypassed)

Article 58. [ Explanatory provisions] 1. Acting hitherto on the basis of implementing acts to the decree of 29 March 1951. about state archives (Dz. U. Nr 19, pos. 149 and 1975. No 16, pos. 91) central and voivodship state archives become from the date of entry into force of the Act of State Archives within the meaning of the Act.

2. (bypassed)

3. (bypassed)

Article 59. [ Repealed provisions] The Decree of 29 March 1951 is repealed. about state archives (Dz. U. Nr 19, pos. 149 and 1975. No 16, pos. 91).

Article 60. [ Entry into force] The Act shall enter into force on 1 January 1984.

[ 1] Article 16 (1) 1 repealed by Art. 26 pt. 1 lit. a) of the Act of 25 February 2016. o re-use of public sector information (Journal of Laws of the European Union 352). The amendment came into force on 16 June 2016.

[ 2] Article 16 (1) 2a as set out by the Article. 26 pt. 1 lit. b) of the Act of 25 February 2016. o re-use of public sector information (Journal of Laws of the European Union 352). The amendment came into force on 16 June 2016.

[ 3] Art. 16a added by art. 26 point 2 of the Act of 25 February 2016. o re-use of public sector information (Journal of Laws of the European Union 352). The amendment came into force on 16 June 2016.

[ 4] Art. 16b added by art. 26 point 2 of the Act of 25 February 2016. o re-use of public sector information (Journal of Laws of the European Union 352). The amendment came into force on 16 June 2016.

[ 5] Art. 16c added by art. 26 point 2 of the Act of 25 February 2016. o re-use of public sector information (Journal of Laws of the European Union 352). The amendment came into force on 16 June 2016.

[ 6] Art. 16d added by art. 26 point 2 of the Act of 25 February 2016. o re-use of public sector information (Journal of Laws of the European Union 352). The amendment came into force on 16 June 2016.

[ 7] Art. 16e added by art. 26 point 2 of the Act of 25 February 2016. o re-use of public sector information (Journal of Laws of the European Union 352). The amendment came into force on 16 June 2016.

[ 8] Article 17 (1) 1 repealed by Art. 26 point 3 of the Act of 25 February 2016. o re-use of public sector information (Journal of Laws of the European Union 352). The amendment came into force on 16 June 2016.

[ 9] Article 17 (1) 1a. repealed by Article 26 point 3 of the Act of 25 February 2016. o re-use of public sector information (Journal of Laws of the European Union 352). The amendment came into force on 16 June 2016.

[ 10] Article 17 (1) 2 repealed by Art. 26 point 3 of the Act of 25 February 2016. o re-use of public sector information (Journal of Laws of the European Union 352). The amendment came into force on 16 June 2016.