Read the untranslated law here: http://www.gesetze-im-internet.de/dwg/BJNR309410997.html
Act on the broadcaster of federal law "Deutsche Welle" (German wave Act - DWG) DWG Ausfertigung date: 16.12.1997 full quotation: "German wave act as amended by the notice of January 11, 2005 (BGBl. I S. 90), by the Act of the 26 January 2015 (BGBl. I p. 10) has been changed" stand: Neugefasst by BEK. v. 11.1.2005 I 90 amended by G v 26.1.2015 I 10 about the stand number you see in the menu see remarks footnote (+++ text detection from: 24.12.1997 +++) the G I was adopted as article 1 G 2251-5/1 v. set 3094 (RdFunkAuslG) by the German Bundestag and art. 6 came into force paragraph 1 on the 24.12.1997 according. The sections 44 to 57 are accordance with article 6 paragraph 2 on 1 January 1998 entered into force.
Table of contents section 1: Basics of the institution under section 1: General provisions sections 1-3 subsection 2: design of consignments sections 4-7 subsection 3: the tasks of §§ 8-15 subsection 4: right third §§ 16-21 under section 5: responsibility for mail articles 22-23 section 2: structure of the institution under section 1: General provisions of §§ 24-30 subsection 2: NBC §§ 31-35 subsection 3: Management Board §§ 36-39 under section 4 : Director §§ 40-43 section 3: funding the institution under section 1: finance §§ 44-57 subsection 2: assets, investments, construction articles 58-60 section 4: supervisory §§ 61-62 section 1 foundations of the institution under section 1 General rules article 1 legal form (1) which is the Federal law of Deutsche Welle broadcaster is a non-profit institution of under public law for the foreign broadcasting.
(2) the Deutsche Welle has legal capacity and has the right of self-government in accordance with the following provisions.
(3) the Deutsche Welle is a statute to regulate the operational order.
Article 2 headquarters and studios (1) Deutsche Welle has headquarters in Bonn and a seat in Berlin. The seat of Superintendent and the accompanying management as well as the seat relevant for the Court are located in Bonn.
(2) studios can be entertained, taking into account possibilities of cooperation with domestic and foreign broadcasters and operators at home and abroad. The further regulates the Statute of the Deutsche Welle.
§ 3 Deutsche Welle provides task (1) for the foreign broadcasting (radio, television) and Telemedia's.
(2) the Deutsche Welle offers are spread in the German language as well as in other languages.
Subsection 2 design of shipments article 4 objectives that have to offerings of Deutsche Welle Germany as European grown cultural nation and free written democratic rule of law to understand. You are to German and other views on essential issues of especially of politics, culture and Economics both in Europe as in other continents provide a forum aiming to promote understanding and exchanges of among cultures and peoples. Deutsche Welle promotes in particular the German language.
Section 4a (1) Task Scheduler created the Deutsche Welle in responsibility for the use of all information relevant to its mandate and assessments, in particular existing foreign policy expertise, a task scheduler for a period of four years. She is to continue annually. The financial fundamentals of the Federal Government are planning basis insofar as the Deutsche Welle is concerned. The rest applies section 4b paragraph 6 (2) Deutsche Welle in task planning their programme goals, priorities and their weighting to the fulfillment of their duties in accordance with articles 3 and 4 for their offerings, sets out broken down specifically to target areas, target groups, proliferation and offer forms.
(3) the Deutsche Welle is in your task scheduler, as it contributes to the education and training of media professionals, particularly in the context of international development cooperation and promoting foreign relations.
(4) the Task Scheduler contains the criteria relevant for the assessment of the bids and explains why the proposed distribution channels and offer forms are provided for the respective target areas and target groups and how the cooperation with third parties in accordance with article 8, paragraph 1 and 4 shall make.
§ 4 b participation procedures (1) who leads Deutsche Welle draft of their task scheduler in the annually updated version according to the decision of the Federal Government over the next federal budget and financial plan in a timely manner the German Bundestag and the Federal Government to.
(2) the design of the Task Scheduler is published in an appropriate manner, to give opportunity to submit its comments to the interested public in Germany and abroad.
(3) the Federal Government will within six weeks position on the substantive aspects of task planning of Deutsche Welle. The German Bundestag is to deal with the Task Scheduler taking into account this opinion within two months.
(4) the Federal Government tells the financial fundamentals adopted in the current budgetary procedure of Deutsche Welle, insofar as the Deutsche Welle is concerned.
(5) the Deutsche Welle decides their task planning taking into account opinions of the German Bundestag, the Federal Government, as well as from the public within two months by the Broadcasting Council with the approval of the Board of Directors. This task scheduler contains also the calculation of operating and investment costs in the period. Deutsche Welle in their task scheduler does not follow opinions so she justify their decision. Discretion of Deutsche Welle about their task scheduler.
(6) the amount of the Federal grant for the Deutsche Welle is determined by the annual federal budget law.
(7) the Deutsche Welle released the final of task planning corresponding to the federal subsidy.
§ 4c review (1) which leads Deutsche Welle a continuous evaluation of their bids and their effects by.
(2) the Deutsche Welle prepared a report on the assessment conducted their offerings and their effects for the four-year period of the Task Scheduler. Third parties from home and abroad where it applies the expertise.
(3) the Deutsche Welle forward the German Bundestag, the Federal Government and the Federal Audit Office report referred to in paragraph 2 and released him.
§ In their broadcasts to ensure 5 programming principles (1) Deutsche Welle has human dignity and to protect. The provisions of general laws, which legal provisions for the protection of minors and to the equality of women and men, as well as the right of personal honor must be observed.
(2) the programmes must allow an independent opinion and may not unilaterally support a party or any other political association, a religious community, a profession or a community of interest. The moral, religious and philosophical beliefs of broadcasting participants are to pay attention.
(3) the reporting should be comprehensive, truthful and factual, as well as carried out in the awareness that the Deutsche Welle broadcasts touch the relations of the Federal Republic of Germany to foreign States. Origin and content of messages for publication are to consider with due diligence. Comments are to separate from messages and label stating the author as such.
§ 6 illegal offers, protection of minors (1) without prejudice to criminal responsibility are inadmissible if they stir up 1 to hatred against parts of the population or against a national, racial, religious or identified by their ethnic group, calling for violent or arbitrary measures against them or attacking the human dignity of others as a result that parts of the population or a group of aforementioned are abused, made maliciously contemptuously, or slandered offers , in a kind of portray 2. cruel or otherwise inhuman acts of violence against people, which expresses a glorification or trivialization of violence or which represents the cruel or inhuman of the operation in a manner infringing human dignity; This also applies to virtual depictions, 3. glorify the war, violated 4. against human dignity, in particular by the appearance of people who die or serious physical or mental suffering are exposed or were taking an actual event is rendered without having a legitimate interest for this form of presentation or reporting; a consent is irrelevant, 5 are pornographic or children or adolescents in unnatural geschlechtsbetonter posture represent; This also applies to virtual depictions, 6 in the list according to article 18 of the law on protection minors are recorded or wholly or substantially coextensive with a work included in this list, 7 are obviously suitable hard to jeopardize the development of children and young people or their education for a responsible and community-oriented personality, taking into account the particular effect form of the distribution medium.
In the case of paragraph 2, section 131, paragraph 2, of the Penal Code shall apply mutatis mutandis. In the case of paragraph 3, section 86, paragraph 3, of the Penal Code shall apply mutatis mutandis.
(2) after the recording of the offer in the list according to article 18 of the law on protection minors, the prohibitions Act pursuant to paragraph 1 even after substantial content changes pending a decision by the Federal Department for media harmful to young persons.
Section 6a of the development be a pregnant end offers
(1) unless the German makes accessible or prevalent wave offers, which are likely to impair the development of children or young people to a responsible and community-oriented personality, she has to take care, that children or young people of the concerned age groups usually do not perceive it.
(2) offers the suitability to the detriment of the development within the meaning of paragraph 1 is suspected in principle, if they are not released according to the Youth Protection Act for children or young people of the relevant age group. Sentence 1 shall apply accordingly for deals that are largely coextensive with the rated range.
(3) a development-impairing effect within the meaning of paragraph 1 to children or young people is to assume the Deutsche Welle fulfil their obligation referred to in paragraph 1, when the offer only between 23: 00 and 6: 00 is distributed or made available. A development-impairing effects on children or teenagers under 16 years of age is to be feared, the offer only between 10: 00 and 6: 00 may be distributed or made available. Films that are not released according to § 14 para 2 of the law on protection minors under 12 years of age, is to take into account the well-being of younger children in the choice of transmission time.
(4) for shipments that are subject to time restrictions, program announcements with moving images may be broadcast only at the times referred to in paragraph 3. Broadcasts for which a development-impairing effects on children or teenagers under 16 years of age to accept is, must be announced by acoustic warning or identified by optical means during the entire show as unsuitable for the appropriate age group.
(5) Deutsche Welle may provide time limits in policy or for individual cases for movies, the Youth Protection Act does not apply to, to meet the particularities of the broadcasting of films on television, especially in television.
(6) for other broadcasting formats, the Deutsche Welle in individual cases may provide time limits if design is suitable design or presentation in an overall assessment by subject, topic treatment, to affect children or young adults in their development and education.
(7) broadcasts exclusively or mainly intended for non-European countries, refer the local time in all parts of the target countries according to paragraphs 3 to 6 relevant time limits after.
(8) at the request of the Director, the Broadcasting Council of the German wave may differ from the presumption referred to in paragraph 2. This applies in particular to offers, have a rating for more than 15 years. The Supreme Land youth authorities shall be informed of the different assessment.
(9) paragraph 1 does not apply for news broadcasts, current affairs radio programmes and comparable offers in Telemedia if there is a legitimate interest in this form of presentation or reporting.
§ 7 youth protection officer/youth protection representative (1) the Director General appoints a youth protection officer / a youth protection officer.
(2) the youth protection officer is responsible for the broadcasting subscribers and users and advises the Director on matters of the protection of minors. This person is from the Deutsche Welle on issues of program purchasing, manufacturing, adequately and in time to participate in the acquisition, planning and the design of offers and decisions to safeguard the protection of minors and to learn more about that specific offer completely. She may propose a restriction or amendment of offers to Director.
3 / the youth protection officer must possess the expertise required to perform her or his duties. This person is free to instruction in their activity. She shall not be disadvantaged due to the performance of their duties. You are the necessary to the performance of their duties technical resources to provide. Unless that person is an employee of the Deutsche Welle, it requires under pay their salaries as far as their tasks work performance to indemnify.
(4) the / the youth protection officer of Deutsche Welle is to enter with the Ombudsman for the protection of minors, the public broadcaster in the ARD, ZDF and the private broadcasters of nationwide organized television programmes in a regular exchange of experience.
Subsection 3 the tasks article 8 cooperation with third parties (1) Deutsche Welle for the production of their broadcasts public service broadcasters at home and abroad works closely with. Deutsche Welle should collaborate in particular with the public broadcaster of ARD and ZDF. She can use programmes of public broadcasters of countries in their program design and left them to their programmes for the acquisition of a program.
(2) the Deutsche Welle can cooperate with other broadcasters for the production and commercial exploitation of radio productions and take part for this purpose in the context of § 59 also in other companies. The production of the radio productions pursuant to sentence 1 may not primarily serve an economic recovery.
(3) the cooperation with broadcasters and operators referred to in paragraph 1 and 2 is permitted, provided that the editorial independence of the Deutsche Welle shall remain unaffected.
(4) the Deutsche Welle working mutually to fulfil their tasks, in particular with the institutions dealing with international relations, culture, economy and science.
§ 9 met productions (1) Deutsche Welle (own production), 2 together with third parties produced (co-productions), 3 third parties establish their tasks through dissemination of programmes 1 even planning and manufacturing allowing (productions), 4 third-party purchases (foreign productions).
(2) to represent the diversity in the German and European space and to the promotion of European film and television productions, the Deutsche Welle should reserve majority proportion of their transmission time provided for feature films, television dramas, series, documentaries and similar productions European works according to European law.
(3) the feature films, television dramas, series, documentaries and similar productions of Deutsche Welle should each contain a reasonable proportion of equity and community productions, as well as European works by independent producers. Among the works of independent producers a reasonable rate should be reserved for newer productions, emitted within a period of five years after its manufacture.
(4) the Deutsche Welle distributed films before the expiration of two years after its premiere in the cinema, unless the rights holder and the Deutsche Welle have agreed otherwise.
(5) an influence on the design and content of broadcasts of Deutsche Welle by third parties is not permitted. Deutsche Welle used job, community or foreign productions, she independently ensures that they comply with the provisions of this Act, in particular the sections 4 to 6.
§ 10 advertising (1) advertising must not mislead, not harm the interests of consumers and promote not behaviors that endanger the health or safety of consumers, as well as the protection of the environment. Advertising shall not attach neither physical nor mental harm children and young people. Advertising aimed at children or teenagers or near used children or young people, may harm their own interests or exploit their inexperience.
(2) the advertising of alcoholic beverages must meet following criteria: a) you may is focus on children or adolescents nor represent during the consumption of alcohol by the kind of representation of children and young people particularly appealing or this.
(b) it should be done no connection between an improvement in physical performance and alcohol or carrying automobiles and alcohol.
(c) not the impression may be given that alcohol consumption promotes social or sexual success.
(d) they may suggest not a therapeutic, stimulating, soothing, or conflict-resolution effect of alcohol.
(e) excess consumption of alcoholic beverages may be not promoted or not negatively portrayed abstinence or moderation.
(f) the amount of the alcohol content of drinks may not be highlighted as a positive feature.
(2A) for advertising, paragraph 2 applies to tobacco products in media letter a according to.
(3) advertising or advertisers may affect the other program content, and editorially not.
(4) advertising must be clearly identifiable as such. She must be televised by optical and radio by acoustic means distinct from other program parts separated. Subliminal techniques may not be used in advertising. A part of occupancy of the broadcast image with advertising is permitted if the advertisement clearly visually separated from the main programme and marked as such is. In the framework of cooperation of the Deutsche Welle with the ARD - regional broadcasting authorities and the ZDF, acquired, entered later in the picture, or modified advertising is allowed by the public broadcaster.
(5) infomercials are allowed, if the advertising character recognizable in the foreground and the advertisement represents an integral part of the show. You must be announced at the beginning as infomercial and marked during their entire history as such.
(6) surreptitious advertising is not permitted. Surreptitious advertising is the mention or presentation of goods, services, names, trade marks or activities of a producer of goods or a provider of services in programmes when it is intended for advertising purposes and might mislead the public with regard to the actual purpose of this mention or appearance. A mention or appearance is particularly true as provided for advertising purposes, if it is carried out for payment or other consideration.
(7) in TV commercials, no persons shall occur regularly presenting news bulletins or current affairs programmes.
(8) advertising political, philosophical or religious nature is not allowed. § 17 shall remain unaffected.
(9) transmissions of church services, as well as programmes for children must not be interrupted by advertising.
(10) television advertising is to paste in blocks and between individual items.
(11) the advertisements in a television program addressed specifically and often spectators of another State which has ratified the European Convention on Transfrontier Television and is not a member of the European Community, as the domestic advertising more stringent requirements may be bypassed. Sentence 1 shall not apply if agreements in this area were closed with the State concerned.
(12) the total duration of the advertising is Deutsche Welle TV weekdays average no more than 20 minutes. Not fully used advertising time must be made up a maximum up to five minutes weekdays. A higher amount of advertising is allowed in programmes for regional distribution areas. The duration of advertising spots on TV must not exceed a period of an hour of 20 per cent.
(13) items are not permitted in the form of direct offers to the public for the sale, purchase or the conclusion of a rental or lease of goods or the provision of services (television shopping).
(14) for the implementation of paragraphs 1 to 13, the Broadcasting Council shall issue directives.
§ 11 sponsoring (1) sponsor is the contribution of a natural or legal person or an Association of persons which is not involved in broadcasting activities or in the production of audio-visual works, to the direct or indirect financing of a programme to promote their activities or accomplishments to the name, the brand, the appearance of the person.
(2) in the case of programmes sponsored wholly or in part, must be pointed out at the beginning and at the end of the financing by the sponsor in the reasonable near future clearly; the note is possible within this framework by moving pictures. Also its logo or brand can be displayed in addition to or instead of the name of the sponsor.
(3) content and scheduling of sponsored broadcast may be influenced by the sponsor in the manner affect the responsibility and editorial independence of the Deutsche Welle.
(4) sponsored programmes shall encourage the not for sale, for sale or for the conclusion of a rental or lease of goods or services of the sponsor or a third party, in particular through appropriate special instructions.
(5) a person who may not advertise according to legal regulations or who mainly manufactures or sells or who provides services, is prohibited for advertising according to statutory provisions, not to sponsor the broadcasts.
(6) news and current affairs programmes may not be sponsored.
(7) for the implementation of paragraphs 1 to 6 of the Broadcasting Council shall issue directives.
§ 12 program delivery to a third party who can Deutsche Welle allow foreign broadcasters or third parties, again auszustrahlen produced by you or popular broadcasts from abroad, to feed into foreign cable networks, or to use in any other way, if this serves the performance of its duties of program and a commercial distribution of the broadcasts by third parties is excluded. Foreign broadcasters or third parties are not entitled to assignment of the Deutsche Welle broadcasts.
§ 13 produce transcription (1) which can Deutsche Welle for foreign broadcasters send finished German or foreign-language broadcasts (transcription).
(2) the use of broadcasts outside of broadcasting produced pursuant to paragraph 1, the disclosure by foreign broadcasters to third parties, as well as the commercial distribution of the broadcasts by third parties are not permitted. Shipments to unique broadcast are released within a certain period, is contracted to make sure that they are deleted after the broadcast of the third party.
Printing works presses that can Deutsche Welle with programme-related content, publish § 14 as far as this is necessary for the performance of their duties.
To fulfill their task according to § 3 the same technical transfer possibilities use section 15 broadcasting technology (1) can the Deutsche Welle, which are the public service broadcasters of countries available. This includes also the tape and the transmission of programs via satellite.
(2) in order to perform its task the Deutsche Welle in Germany and abroad can rent the required radio station; abroad, she can also build the required radio station, entertained, and operate.
(3) the programs of Deutsche Welle can be broadcast via satellite and terrestrial spread abroad, and fed into foreign cable networks. Deutsche Welle uses also assigned her to transfer in the short - and medium-wave band for their radio programs. In addition, the Deutsche Welle emits their radio programs of rented or own relay stations abroad.
Subsection 4 of right third section 16 statement entitles Deutsche Welle broadcasting without delay and free of charge appropriate to the Federal Government in crisis or disasters or other significant threat for official pronouncements.
§ 17 the Protestant churches, the Catholic Church and the Jewish community are broadcasting time for third parties on reasonable request airtime transfer liturgical acts and celebrations or any other religious broadcasts, including those concerning its public responsibility to give. Other religious communities spread over the whole Federal territory governed by public law must be adequately considered.
§ 18 reply (1) Deutsche Welle is obliged to distribute the reply of the person or body that is affected by an assertion of fact by Deutsche Welle in a broadcast by radio.
(2) the obligation to disseminate the reply does not exist if 1 has no legitimate interest in promoting the affected person or body, or 2. the reply its scope is not appropriate, significantly exceeding in particular, the extent of the offending part of the broadcast.
(3) the reply must be confined to actual data, and may have no criminal content. She require the written form and must be signed by the person concerned or his legal representative. The person concerned or his representative may require only the spread if the reply factual claim immediately, complained of no later than within three months after the diffusion, wave goes to the Germans. The counter notification must identify the offending broadcast and the assertion of fact.
(4) the reply must be spread without delay within the same program as the disputed claim of fact and at the same time or, if this is not possible, a time which is equivalent to the time of the disputed broadcast. The distribution is made without ads, comments and omissions. A reply to the reply is allowed only if it is limited to facts.
(5) the dissemination of the reply is free of charge.
(6) the Deutsche Welle rejects the proliferation of the reply or it remains idle, so the ordinary legal process is open to the affected person or body. At the request of the person concerned, the Court may order that the Deutsche Welle in the form of paragraph 4 spread a reply. On the procedure are the rules of civil procedure on the procedure on issuing an interim injunction apply mutatis mutandis. A threat of claim needs to be not credible. A process for the main thing does not take place.
(7) paragraphs 1 to 6 shall not apply to truthful reports of public meetings of the European Parliament, the legislative organs of the Federal Government, the countries, the representatives of municipalities and municipal associations, the dishes as well as for programmes according to the § § can a reply 16 and 17 (8) to a reply not be required.
§ 19 inputs and complaints (1) everyone has the right to contact with suggestions to the program and input to the Deutsche Welle.
(2) input, where the infringement is claimed by program principles (program complaints), to be collected immediately after transmission of the broadcast. The Director General decides on program complaints within one month after receipt by written notification.
(3) the Director General shall submit the program appeal, as well as its final decision the Broadcasting Council to inform. The Director General of the program appeal helps off set 2 within the time limit referred to in paragraph 2 or not, as the complainant to the Broadcasting Council can contact, who then decides whether the program appeal. This way, the Director has in his decision expressly to point out.
(4) the further regulates the Statute. She may provide that the Broadcasting Council a complaint Committee the decision pursuant to paragraph 3 sentence 2 transfers.
Article 20 right to appeal (1) anyone can the Commissioner for data protection of Deutsche Welle contact if he is considered to be violated (invocation) for the collection, processing or use of his personal data by Deutsche Welle in his right hand.
(2) with an invocation at the same time the injury claimed by program principles according to § 19, shall immediately inform the Director of the Commissioner for data protection and gives him off at the same time compared to an opinion on the content of the appeal. Joined the Director of this opinion, section 19 para 2 applies for the rest of the procedure and it shall 3. will the artistic director in its decision as regards the part relating to the invocation of the opinion of the Ombudsman for the different data protection, the input before the Board for a final decision. The Director General is bound to the decision of the Board of Directors. The further regulates the Statute.
(3) according to § 19 an invocation to connects to a program complaint, so the Superintendent directs to this input to the opinion the Commissioner for data protection; Paragraph 2 sentence 2 to 4 shall apply mutatis mutandis.
§ 21 of all deliveries, which spread the Deutsche Welle, faithful and complete audio recordings are evidence (1) produce also recordings, television broadcasts and to be kept.
(2) the storage period is three months from the date of the transmission of the broadcast. A broadcast is objectionable within this period, the record to be kept until the complaint by final judicial decision or settlement, or otherwise is done is so.
(3) a person who in writing believable makes, through a programme of the German wave his rights to be affected by the German wave require insight into the recording of this show and produce at their own expense by the Deutsche Welle multiple copies can.
Subsection 5 broadcasts article 22 general responsibility (1) who has led the sending of a contribution or approved, is responsible for for its content and design in accordance with the general laws and the special provisions of this Act the responsibility. Is responsible also, who failed, in his circle of the task to be dutifully worked.
(2) it is believed that the Director General is responsible for the broadcast of all posts. If and as far as a representative worked for him, the presumed to be borne. Sentences 1 and 2 shall not apply in criminal and fine things.
(3) for the content and design of the shows that Deutsche Welle has given to § 16 and 17 times according to the §, one is responsible, which left the air time.
(4) the responsibility of other persons, in particular of the author, manufacturer or designer of a contribution, remains unaffected.
Article 23 information disclosure (1) representing Deutsche Welle known request name and service address of the Director or the other responsible for the broadcast.
(2) the Deutsche Welle provides the Federal Government Commissioner for culture and the media the information available, that these to comply with its requests for information and reporting obligations, especially after article 4 paragraph 3 of Directive 89/552/EEC of 3 October 1989 and article 6 paragraph 2 in conjunction with article 19 of the European Convention on Transfrontier Television of 5 May 1989 , required.
Section 2 structure of the institution under section 1 General provisions section 24 bodies (1) are the organs of Deutsche Welle: 1 the Broadcasting Council, 2. the Board of Directors, 3. the Director General.
(2) bodies of Deutsche Welle is the Broadcasting Council and the Board of Directors.
(3) the members of the committees are volunteers.
§ 25 incompatibility of offices and activities (1) which include membership in the bodies of the Deutsche Welle are mutually. The Artistic Director may be not a panel member.
(2) the members of the bodies may no economic or other track interests, which are likely to endanger the performance of their duties as members of panels. You must especially not at the same time members of a body 1 an other public service broadcaster or a private broadcaster, 2. an Association of public and private broadcasters, 3. a society of private law, which has directly or indirectly contractual arrangements for the supply of radio and television programmes or parts of the program to a public or private broadcasters, or 4 a public institution, the approval of and the supervision of broadcasters of private law is whether , be. Sentence 2 does not apply to members sent by the Deutsche Welle of supervisory organs or bodies of a company in which Deutsche Welle is involved.
(3) the members of the boards may not be due to a service or employment contract as freelancers or otherwise paid for the Deutsche Welle or the one in paragraph 2 sentence 2 referred to institutions, associations of institutions, companies or firms to be active, unless unless it's a random, non-permanent lecturer.
(4) the members of the Broadcasting Council appointed by the social groups and organizations, as well as the members of the Board of Directors selected by the Broadcasting Council from these groups and organizations must be not a member of the European Parliament, a legislative body of the Federation or a land or member of the Federal Government or a provincial government.
Section 26 independence (1) the members of the bodies represented in performance of their duties the interests of the general public. You are bound to orders or instructions.
(2) the members of the panels may be not hindered the acquisition and exercise of their activity or this at a disadvantage in their service or employment relationship. It is also illegal to dismiss them for reasons of membership of the Panel or to terminate them. They are in a service or employment relationship, which is them for their activities required time to enact.
§ 27 term (1) the term of Office of the bodies is five years and each begins with their first meeting.
(2) after the expiration of the term, the bodies continue the local businesses to meet the relevant newly established bodies to its inaugural meeting.
§ 28 dismissal and early retirement (1) the State organs and social groups and organizations can recalled the Member they have chosen or named, when its activity for the wahl - or designation authorized authority ends.
(2) a member is also eliminated, if it no longer meets the requirements of section 25 and the corresponding Panel notes this by decision.
(3) a member retires prematurely, a successor for the remainder of the term is so according to the regulations for the election or designation of the departing member to select or designate.
§ 29 new appeal of the members of the Panel (1) not later than four months before the expiry of the term of Office of the Broadcasting Council asks its Chairman the wahl - or entitled to the designation points to the election or appointment of members for the new Broadcasting Council.
(2) no later than four months before the expiry of the term of Office of the Board of Directors whose Chairman asks the authorities referred to in § 31 para 2 and the Chairman of the Broadcasting Council to the election or appointment of members to the new Board.
(3) as long as and if no use is made of the election and naming rights, the number of members of the respective body is reduced accordingly.
(4) for the election or designation, it is to ensure that the equal participation of women and men is created or received.
Article 30 expenses the members of bodies have claim on expenses and travel allowance, daily subsistence allowances and overnight funds. The further regulates the Statute.
Subsection 2 Broadcasting Council article 31 composition (1) the Council consists of 17 members.
(2) two members of the Broadcasting Council will be elected by the Bundestag and the Bundesrat. Three members appointed by the Federal Government.
(3) the following social groups and organizations each appoint a member of the Broadcasting Council: 1. Evangelical Church, 2 Catholic Church, 3. Central Council of Jews in Germany, 4. Federal Association of German employers associations in consultation with the German industry and Commerce (Diht), 5 Trade Union leading, 6 German Sports Association, 7.
International education and development (InWent) gGmbH, 8 German culture Council, 9.
German Academy for language and poetry, 10th Conference of University Rectors.
(4) for each Member of the Broadcasting Council is to choose an alternate member or appointed. The Deputy member participates fully in the meetings of the Council and its committees in prevention of the ordinary member.
Section 32 duties (1) the Broadcasting Council represents the interests of the general public at Deutsche Welle. It decides on matters of fundamental importance for the Deutsche Welle. He advises the Director General program matters and works towards the fulfilment of the program contract.
(2) the Broadcasting Council monitored compliance with the programming principles (article 5) and the General guidelines of the program. It can detect certain programmes have violated the principles of the program. He can abandon the intendant, to terminate a violation of established or to refrain in the future. A check of individual programmes by the Broadcasting Council before their broadcast is not permitted, unless there are already clear indications of a violation of broadcast against the principles of the program.
(2a) the Broadcasting Council decides the Task Scheduler of the Deutsche Welle on the basis of a template of the intendant.
(3) the Broadcasting Council are in particular the following tasks: 1 decree or amending the Statute of the Deutsche Welle, 2. adoption or modification of program policies, 3rd choice and dismissal of Superintendent, 4. election and dismissal of members of the Board of directors pursuant to § 36 para 1 No. 2, 5. committees of the Broadcasting Council, 6. election and removal of members of the committees of the Broadcasting Council, 7 (dropped out) 8 adoption or amendment of the rules of procedure of the Broadcasting Council , 9 adoption or amendment of the directives on sponsoring, 10 adoption or amendment of the directives on advertising.
(4) the Broadcasting Council is to listen to on principle issues of financial and personnel-management art. This applies particularly in the case of the determination of the economic plan and the relief of Superintendent by the Board of Directors.
§ 33 sessions (1) the Broadcasting Council meets at least once every three months for a regular meeting. He must meet for an extraordinary session at the request of six members or the directors.
(2) the meetings of the Broadcasting Council shall not be public. The Broadcasting Council may decide to meet in public session.
(3) the Chairman or a member of the Board appointed by him and the Superintendent take part in the meetings of the Broadcasting Council. You can be heard on request.
(4) a member of the Staff Committee participates in the meetings of the Broadcasting Council and can be heard on issues affecting the program area.
§ 34 resolutions and elections (1) the Broadcasting Council is resolutionable, if properly charged, the majority of its members is present.
(2) for decisions of the Broadcasting Council, the majority of the votes of its members present is generally required. Decisions about a finding of violations of the principles of the program and the adoption or amendment of the rules of procedure require the majority of votes of its members. A majority of two thirds of the votes of its members the adoption or amendment of the Statute of the Deutsche Welle, 2. require 1 to request the resignation of the Director, 3. the dismissal of a member of the Board of directors pursuant to § 36 para 1 No. 2, 4. the dismissal of a member of a Committee of the Broadcasting Council.
(3) paragraph 1 shall apply accordingly for elections.
(4) the Broadcasting Council elects a Chairman and his deputy from among its members in a secret ballot with a majority of its members.
(5) the Broadcasting Council elects the directors with a majority of two thirds of the votes of its members. A majority of two-thirds of the votes of the members is not concluded in two rounds of elections, the majority of members will decide.
(6) paragraph 2 sentence 1 according to shall apply for other elections.
§ 35 committees (1) the Broadcasting Council is from the middle of its members each a program Committee for radio and television; In addition, he can set up more committees.
(2) the committees preparing the decisions of the Broadcasting Council in the respective task pane. They give the Broadcasting Council a written report annually on their activities.
(3) details are covered governs the rules of procedure.
Section 3 Administrative Board article 36 composition (1) the Board of Directors consists of seven members. Him belong to: 1 one of the German Bundestag and the Bundesrat, as well as one to be selected by the Federal Government or to vocation representatives, 2. four of the Broadcasting Council to elect representatives of social groups referred to in § 31 para 3 and organisations.
(2) proposals for the members to be elected No. 2 referred to in paragraph 1 may be submitted from the middle of the Broadcasting Council, or by the social groups referred to in § 31 para 3 and organizations.
(3) for each Member of the Board of Directors is to choose an alternate member or appointed. The Deputy member participates fully in prevention of ordinary member at meetings of the Board of Directors.
§ 37 tasks (1) the Supervisory Board monitored the management of Superintendent outside the program design. This he can by the Director at any time require a report, examine the documents of the Deutsche Welle, check, visit facilities and investigate operations.
(1a) the Broadcasting Council decision on Deutsche Welle Task Scheduler requires the approval of Board of Directors on the basis of a template of the intendant.
(2) also following duties are the Board of Directors: 1. conclusion and termination of the service agreement with the Director, 2nd order and dismissal of the Commissioner for data protection, 3. representation of Deutsche Welle in legal transactions with the Director, as well as disputes between the Deutsche Welle and the directors, 4. determination of the economic plan of the Deutsche Welle, 5. approval of the financial statements, 6 adoption or amendment of the financial regulation , 7 granting of the discharge to the Director, 8 adoption or amendment of the rules of procedure of the Board of Directors.
(3) the approval of the Governing Board 1. conclusion and termination of the service contracts with the directors, 2. conclusion of collective agreements, 3. acquisition and disposal of companies or stakes in companies, 4 acquisition, disposal and pollution of land require, 5. procurement equipment of any kind and assumption of other obligations, as far as the business exceeds EUR 300,000 in individual cases and this is not to contracts for the manufacture and delivery of program components , 6 parent and unplanned expenses, 7 adoption or amendment of the articles, 8 (dropped out) the amount 1 No. 5 can be adjusted to set by the articles of association according to the economic development.
(4) the Director is obliged to inform the Board of Directors prior to the conclusion of contracts for the manufacture and delivery of program parts as far as the business value set 1 referred to in no. 5 amount in some cases exceeds in paragraph 3.
(5) the Board of Directors is to listen to before dismissal of the Director by the Broadcasting Council.
Section 38 meetings (1) the Board of Directors meets at least once every two months for a regular meeting. He must meet for an extraordinary session at the request of a member or the Director.
(2) the Chairman or a member of the Broadcasting Council appointed by him and the Superintendent can take part in the meetings of the Board of Directors. You can be heard on request.
(3) the meetings shall not be public.
§ 39 resolutions and elections (1) the Board of Directors is quorate if properly charged, the majority of its members is present.
(2) for resolutions of the Board of Directors, the majority of the votes of its members present is generally required. The determination of the budget, the decree or the amendment of the financial regulation, the adoption or the amendment of the rules of procedure as well as the consent to adopt or to amend the articles of Association and consent to the decision on the Task Scheduler need a majority of votes of the members.
(3) the Board of Directors elects a Chairman and his deputy from among its members in a secret ballot by a majority of its members.
Subsection 4 Director § 40 election and term of Office (1) the Director is elected by the Broadcasting Council for six years in secret ballot. Re-election is permitted. After his term, he perceives the shops until the term of Office of an elected successor begins.
(2) the Superintendent may who 1 has his permanent place of residence or habitual abode in the Federal territory, unlimited legal capacity is 2. carry out tasks only, 3. unlimited can be prosecuted, 4 has the ability to the clothing of public offices, as well as 5 has not forfeited rights.
Representation of the Director the Director is recalled § 41 or he resigns, his representative perceives the shops, until the term of Office of an elected successor begins.
§ 42 tasks (1) the Superintendent directs the Deutsche Welle independently. He is solely responsible for the design of the program and for the overall operation of the institution. The artistic director has to ensure that the consignments comply with the statutory provisions. This shall not affect the rights of the other institutions.
(2) the Director is representing Deutsche Welle and out of court.
(3) the Director General shall adopt rules of procedure of the Deutsche Welle, which lays down the responsibilities of the management areas, as well as the business process within the management areas.
§ 43 retirement and dismissal (1) of the intendant service contract is terminated with end of term.
(2) the Director may be dismissed at any time before the end of his term by the Broadcasting Council. The Director General can be heard before the decision is taken. The Broadcasting Council shall decide the dismissal, the Board of Directors Announces the service contract of Superintendent.
(3) in the case of a dismissal referred to in paragraph 2 covers for the duration of his term further granted the intendant in analogous application of the service contract.
Section 3 financial of institution under section 1 finance section 44 financing guarantee of Deutsche Welle is enables the financing of those deals that is required under this Act, taking into account the development of rundfunktechnischen.
Article 45 revenue (1) Deutsche Welle is financed out of the annual subsidy as well as federal grants and other revenue.
(2) the amount of the Federal grant is determined according to the budget law of the Federation.
(3) the task planning of Deutsche Welle (sections 4a, 4B) is ensured by the four-year planning period, the medium-term financial planning in the Federal Government, and the decisions of the budgetary legislator.
Section 46 principles of for economic governance (1) Deutsche Welle is independent in their management, unless this law determines otherwise or admits.
(2) the Deutsche Welle has to do a commercial accounting in accordance with German commercial code.
(3) the Deutsche Welle adopt financial procedure, which governs the establishment and execution of the business plan, the point-of-sale, accounting and the accounting of the Deutsche Welle closer in agreement with the General Accounting Office and in consultation with the Federal Government.
(4) the employees of the Deutsche Welle are generally not better allowed as comparable employees of the Federal Government. Prior to the conclusion of collective agreements, which better than comparable federal workers would be employees of Deutsche Welle of derogation from sentence 1, the agreement with the Federal Government is to bring about.
(5) the rules for tax-privileged purposes - paragraphs 51 to 68 of the tax code - shall apply accordingly.
§ 47 meaning and effect of the economic plan (1) the business plan of the Deutsche Welle (economic plan) is the identification and financial needs, which is expected to be necessary to the fulfilment of the tasks of Deutsche Welle in the respective budget year. The business plan is the binding basis for budgetary and economic management.
(2) through the management plan claims or liabilities cannot be justified or repealed.
Section 48 of the economic plan (1) which is Deutsche Welle for each marketing year a business plan according to the principles of efficiency and economy on. The business year is the calendar year.
(2) the business plan includes 1 a success plan, in which the expected to be incurred in the financial year income and expenses are depending on a profit and loss account to represent, 2. an investment plan, which represents the planned measures to increase the investment and working capital, 3. a financial plan, which lists the Eigenfinanzierungsmittel, the cover assets to be expected, as well as the investment expenditure, 4. a reconciliation statement on income and expenditure in the budget nomenclature of the Federal , 5. an establishment plan, 6 management principles.
(3) that is reconciliation in accordance with paragraph 2 No. 4 to balance revenue and expenditure.
(4) the financial order of the Deutsche Welle may provide for the inclusion of additional information in the business plan.
(5) the Deutsche Welle shall forward in time the reconciliation, the establishment plan and the management principles referred to in paragraph 2 No. 4 to 6 before starting the budget negotiations of the Federal Government and the Federal Audit Office.
paragraph 49 (dropped out) - output (1) approaches § 50 can cover ability in the business plan or be explained in Deutsche Welle's financial regulations in accordance with the following paragraphs cover ready for.
(2) the approaches of the success plan (section 48 para 2 No. 1) for personnel expenses, program expenses, operating expenses and investment respectively explained as being in themselves capable of covering each other cannot, as far as it's cash operations. The same applies to the staff expenditure, actual administrative expenditure and investment of reconciliation (§ 48 para 2 No. 3).
(3) the approaches of the success plan (section 48 para 2 No. 1) for personnel expenses, program expenses, operating expenses, and investments can be exceeded each up to 30 per cent against saving, as far as it's cash operations. The same applies to the staff expenditure, actual administrative expenditure and investment of reconciliation (§ 48 para 2 No. 3).
Article 51 (dropped out) - § 52 provisional management Deutsche Welle decides the budget in good time so that it can enter into force on 1 January of the following year. Deutsche Welle still not decided the economic plan for the following year to the end of a marketing year, the Deutsche Welle can to afford at the time of the decision all expenses that are necessary to 1 to meet the statutory mission of the program in the previous extent, 2. the legally established obligations to meet, 3 buildings, procurement and other services to continue, provided that the economic plan a year already amounts have been granted.
Article 53 version of the economic plan the execution of the business plan is carried out according to the principles of efficiency and economy. The sections 55, 56 para 1, §§ 58, 59 of the federal budget rules find application.
Article 54 above and unplanned expenses, addendum to the economic plan (1) expenses, for which in the success plan (§ 48 para 2 No. 1) applied approaches are not sufficient or for which no approaches are available (on - and non-scheduled expenditure), are only allowed if they are unforeseen and absolutely and the coverage in the economic plan is guaranteed. The same applies to payments, not sufficient for the approaches applied in the reconciliation or for which there are no approaches. Parent and non-scheduled expenditure which can have a significant impact on the deficit of Deutsche Welle resulted, shall require the consent of the Federal Government.
(2) excess and non-scheduled expenditure shall require the consent of the Board of Directors. Urgent expenditure, the Director General has immediately to obtain the approval of the Board of Directors.
(3) the Deutsche Welle is an amendment to the management plan, if 1 is that the reconciliation according to § 48 para 2 can not compensated No. 3 in the implementation of the business plan despite utilization of every savings opportunity, or 2nd over - or non-scheduled expenditure amounting to more than 1 per cent of the total expenditure of the Deutsche Welle must be made.
(4) the provisions of sections 47, 48 and 50 shall apply mutatis mutandis.
Article 55 annual Deutsche Welle created for each marketing year financial statements. The annual financial statements consists of 1 the balance sheet (balance sheet), 2 of the income statement (profit and loss account), 3. the financial account (cash flow statement), 4. a bill relating to revenue actually collected in the past financial year and actual expenditure according to the classification pursuant to § 48 para 2 No. 4 and 5. the annual report to explain the events of particular significance.
For this purpose you are for large corporations within the meaning of § 267 of the commercial code to apply regulations according to, as far as is not otherwise specified in this law, Deutsche Welle's financial regulations or the specifics of the Deutsche Welle as broadcaster of federal law. Deutsche Welle shall forward without delay the established annual financial statements and the annual report of the Federal Government and the Federal Audit Office.
Article 56 checks (1) the Federal Audit Office examines the budgetary and economic management of Deutsche Welle in accordance with § 111 of the federal budget rules. Section 44 subsection 1 sentence 3 of the federal financial regulation remains unaffected.
(2) the General Accounting Office and the Federal Government are taught by the Deutsche Welle about all significant for the economic and financial operations of Deutsche Welle. Documents, the Federal Audit Office for the performance of his duties is deemed to be necessary, are to provide him by Deutsche Welle.
(3) the General Accounting Office tells the directors to submit its observations within a period to be determined by him his test results and shall inform the Federal Government.
(4) on matters of particular importance, the General Accounting Office may at any time inform the German Bundestag, the Federal Council and the Federal Government. He reported the German Bundestag and the Bundesrat, it shall inform the Federal Government at the same time.
(5) the Deutsche Welle can check the accounts by an auditor. Article 53, paragraph 1 Nos. 1 and 2 of the budget principle Act of August 19, 1969 (Federal Law Gazette I p. 1273) is to be applied. The results of the auditor differ from those of the Federal, apply the findings of the Federal.
§ 57 notices
The established economic plan and the established annual financial statements of Deutsche Welle are immediately published it in the Federal Gazette.
Subsection 2 assets, investments, construction section 58 assets (1) from the federal subsidy according to § 45 procured items belong to the assets of the Deutsche Welle. You are unrestricted for broadcasting purposes to use.
(2) paragraph does not apply 1 sentence 1 for land, buildings and other construction devices, Deutsche Welle of the Federation are free of charge left.
(3) in the event of a dissolution of the Deutsche Welle, her entire Fortune falls to the Federal Government with the proviso that it directly and exclusively to use is from this for charitable purposes.
Section 59 (1) investments in a company, a commercial or other economic purpose to the subject-matter, may the German take part only wave, if 1 this fulfill their statutory task is used, 2. is covering the issues related, 3. the deposit of Deutsche Welle on a certain amount is limited and the statutory provisions applicable to the legal form of the company or the articles of Association of the company a Board of directors or an appropriate body see above 4..
(2) the Deutsche Welle has investments 1 alone or jointly with other public service broadcasters to undertake the necessary influence on the management of the company, ensuring in particular an adequate representation on the Supervisory Board, and 2. the companies, to tell you the essential financial and programme issues business transactions.
(3) the General Accounting Office checks the budgetary and economic management in the holdings of the Deutsche Welle, unless the Deutsche Welle directly or indirectly has the majority of the shares. Deutsche Welle does not have the majority of the shares, the rights are in the shareholder agreement or the articles of association according to the sections 53 and 54 of the budget principle Act agree.
Section 60 construction (1) building maintenance facilities including the cosmetic repairs, as well as to the needs of the rundfunktechnischen required, intervening in the structural substance reconstruction's in the property of the Federal Government and provided free of charge to the Deutsche Welle land, buildings and other structures are the responsibility of Deutsche Welle in their own responsibility. Is the federal property administration to participate on the usually annually performed for determining the necessary building maintenance construction inspections. Restructuring measures within the meaning of sentence 1 are the construction management of the Federal Government, as well as the federal property administration to teach.
(2) others performed as reconstruction measures referred to in paragraph 1 and all new extensions in the property of the Federal Government and provided free of charge to the Deutsche Welle land, buildings and other structures as federal construction project by the Federal Government.
(3) the guidelines apply mutatis mutandis performing construction tasks of the Federation within the remit of the financial construction management - RBBau - for building maintenance facilities as well as new, conversion and extensions.
Section 4 supervision article 61 exclusion of technical supervision the Deutsche Welle is subject to no government supervision.
§ 62 legal supervision (1) the Federal Government leads the legal supervision of the Deutsche Welle.
(2) that is the Federal Government is entitled in the context of legal supervision a her in individual cases specific organ of Deutsche Welle, by written notice of action or inaction to indicate, against this law violate and to set a reasonable time limit to remedy.
(3) if the illegality is not fixed, so the Federal Government tells the Deutsche Welle, making those measures at the expense of the Deutsche Welle, which lays down in detail. Against instructions pursuant to sentence 1, Deutsche Welle can institute proceedings before the Administrative Tribunal.
(4) before the Federal Government takes measures pursuant to paragraphs 2 and 3, she can use the respectively competent organ of Deutsche Welle in individual cases a reasonable period of time to carry out his duties.
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