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Placing Orders for Works of Art Act

Passed 17.06.2010

Amended by the following legal instruments (show)

§ 1.  Scope of application of Act

 (1) This Act regulates obligation to place orders for works of art related to the construction of public buildings with the purpose to improve the public space aesthetically.

 (2) For the purposes of this Act public buildings are the following buildings pursuant to the purpose of use on condition that they are meant and open for public use: buildings of welfare institutions and hostels, office, administrative, transport, communication, entertainment, educational, health care and sports buildings in accordance with the list of purposes of use of the building established on the basis of the Building Act.

 (3) The provisions of the Administrative Procedure Act apply to the administrative procedure prescribed in this Act, taking into account the specifications arising from this Act.

§ 2.  Obligation to place orders for works of art

 (1) The obligations provided for in this Act shall extend to the following persons (hereinafter the contracting entity):
 1) the state or a state agency;
 2) a legal person governed by public law or its agency except a local government unit, a local government authority or an association of local authorities;
 3) foundation whose sole founder is a person specified in clauses 1) and 2) of this subsection or at least half of the members of the council of the foundation are appointed by the persons specified in clauses 1) and 2) of this subsection;
 4) non-profit association with more than half of whose members are the persons specified in clauses 1) and 2) of this subsection;
 5) state company designated by the Government of the Republic that provides real estate services to the state and advises the state on the issues related to real estate, and other legal person governed by private law on the condition that it is established with the purpose to perform or is performing as the principal or ancillary activity the functions in the public interest that are not of industrial or commercial nature and that are mainly funded by or more than half of the members of the directing, administrative or supervisory body of which are appointed or the management of which is controlled otherwise together or separately by the persons specified in clauses 1)–4) of this subsection or in this clause or the respective persons of any other contracting state of the European Economic Area;
 6) a person who has been granted special or exclusive right to act in the fields specified in §§ 83–89 of the Public Procurement Act.

 (2) The contracting entity is required to organise the competition for placing an order for a work of art after the procurement proceedings have ended by concluding the procurement contract if the following conditions have been complied with:
 1) the contracting entity, acting as a supplier, has concluded the procurement contract for construction work specified in subsection 4 (3) of the Public Procurement Act or the concession contract for construction work specified in subsection 72 (1) of the Public Procurement Act;
 2) construction work refers to erection, expansion or reconstruction of a public building;
 3) the price of the procurement contract or the concession contract for construction work together with the value added tax is equal to the threefold maximum limit for the public procurement of construction works specified in subsection 15 (1) of the Public Procurement Act or is in excess thereof..

 (3) The total price of works of art without the value added tax shall be at least 1/100 of the following price but not more than 65,000 euros:
 1) of the price of the procurement or concession contract for construction work specified in clause (2) 1) of this section;
 2) of the total price of procurement contracts concluded with regard to all parts if the procurement of the construction works has been divided into parts within the frames of one procurement procedure;
 3) of the total price of the procurement contracts for construction works and design services if the procurement contract for design services for the same building has been concluded during five years preceding the procurement contract for construction works.

 (4) If 1/100 of the price specified in subsection (3) of this section is in excess of 65,000 euros, the price of the works of art without the value added tax
may be in excess thereof.

§ 3.  Competition for placing orders for works of art

 (1) The objective of the competition for placing orders for a work of art is to conclude a procurement contract with the winner for placing orders for a work of visual or applied arts that is a movable or an essential part of the building and shall be exhibited publicly and permanently in a public building or thereat.

 (2) The provisions of the Public Procurement Act regarding the ideas competition shall be applied to the competition for placing orders for works of art, taking account of the specifications arising from this Act.

 (3) The contracting entity announces the competition for placing an order for a work of art with the conclusion of the procurement contract within one year as of the end of the procurement procedure or, in case the procurement of construction works has been divided into parts within the frames of one procurement procedure, as of the conclusion of the procurement contract for the last part.

 (4) The composition of the jury of the competition for placing an order for a work of art must be composed of to an extent of at least 2/3 of natural persons who have been assigned from the members of the artistic association by the management of the artistic association engaged in the field of visual or applied arts.

 (5) The contracting entity shall notify the Ministry of Culture about the type, author and location of the work of art to be ordered within three months as of the conclusion of the procurement contract resulting from the competition. The Ministry of Culture shall disclose the information on its website.

§ 4. State and administrative supervision
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

  State and administrative supervision over the compliance with the requirements of this Act shall be conducted by the Ministry of Culture.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

§ 4¹. Special measures of state supervision and rate of penalty payment

 (1) A law enforcement agency may apply a special measure of state supervision provided for in § 30 of the Law Enforcement Act for the conduct of state supervision provided for in this Act on the basis of and in the procedure provided for in the Law Enforcement Act.

 (2) Upon a failure to comply with the precept the maximum rate of penalty payment applied in the procedure provided for in the Substitutive Enforcement and Penalty Payment Act is 1,500 euros.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

§ 5.  Liability

 (1) Violation of the requirements provided in subsections 2 (2) and (3) and subsections 3 (1) and (3)–(5) of this Act –
is punishable by a fine of up to 300 fine units.

 (2) Violation specified in subsection (1) of this section if committed by a legal person – is punishable by a fine of up to 4,000 euros.

 (3) [Repealed – RT I, 12.07.2014, 1 - entry into force 01.01.2015]

 (4) The extra-judicial body conducting proceedings in matters of misdemeanours provided for in this section is the Ministry of Culture.

§ 6.  Implementing provision

  The obligation to order works of art arising from this Act shall be applied if the procurement procedure specified in subsection 2 (2) of this Act commences after the entry into force of the Act.

§ 7.  Transitional provision

  Until the date provided for in the Decision of the Council of the European Union regarding the abrogation of the derogation established in respect of the Republic of Estonia on the grounds provided for in Article 140 (2) of the Treaty on the Functioning of the European Union, the amounts expressed in euros in this Act shall be converted into the Estonian kroons on the basis of the currency rate of the Bank of Estonia. The result received shall be rounded to a precision of one cent on the basis of the third decimal place. If the number in the third decimal place is zero to four, the number in the second decimal place shall remain unchanged. If the number in the third decimal place is five to nine, the value in the second decimal place shall be rounded up by one.

§ 8.  Entry into force of Act

  The Act enters into force on 1 January 2011.