Law On The Broadcaster Of Federal Law "deutsche Welle"

Original Language Title: Gesetz über die Rundfunkanstalt des Bundesrechts "Deutsche Welle"

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Law on the broadcasting corporation of the federal law "Deutsche Welle" (Deutsche Welle law-DWG)

unofficial table of contents

DWG

date of release: 16.12.1997

full quote:

" Deutsche Welle law in the version of the notice of 11. January 2005 (BGBl. 90), by the Law of 26. January 2015 (BGBl. I p. 10) "

:Recaught by Bek. v. 11.1.2005 I 90
Modified by G v. 26.1.2015 I 10

For details, see the Notes

Footnote

(+ + + + + + + + + + +)

menu.

Article 1 G 2251-5/1 v. 16.12.1997 I 3094 (RdFunkAuslG) of the Bundestag decided and is in accordance with. Art. 6 (1) entered into force on 24 December 1997. § § § 44 to 57 are acc. Art. 6 (2) entered into force on 1 January 1998. unofficial table of contents

content overview

section 1:anstalt basics
Subsection 1:General Specifications§ § 1-3
Subsection 2:Design of shipments § § 4-7
Subsection 3:fulfillment of tasks§ § 8-15
Subsection 4:Third party rights§ § 16-21
Subsection 5:Consignments Responsibility§ § 22-23
Section 2: Structure of the institution
Subsection 1:General rules § § 24-30
Subsection 2:Broadcasting Council§ § 31-35
Subsection 3:Board of Directors§ § 36-39
Subsection 4:Intendant§ § 40-43
Section 3:Financing of the Anstalt
Subsection 1:Financed§ § 44- 57
Subsection 2:Assets, participations, construction measures§ § 58-60
Section 4:Supervision§ § 61-62

Section 1
Basics of the Anstalt

Subsection 1
General Rules

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§ 1 Legal Form

(1) The broadcasting company of the Bundesrechts Deutsche Welle is a non-profit institution under the public law for foreign and international broadcasting.(2) Deutsche Welle is legally competent and has the right of self-government within the framework of the following provisions.(3) Deutsche Welle is a statute for the regulation of the company order. Non-official table of contents

§ 2 Seat and Studios

(1) Deutsche Welle has a seat in Bonn and a seat in Berlin. The seat of the director and the associated administration as well as the headquarters of the court are located in Bonn.(2) Studios can be maintained at home and abroad, taking into account the possibilities of cooperation with domestic and foreign broadcasters and organizers. The details of the statutes of Deutsche Welle are regulated. Non-official table of contents

§ 3 task

(1) Deutsche Welle offers radio (radio, television) and telemedia abroad for foreign countries.(2) Deutsche Welle's offers are distributed in German as well as in other languages.

Subsection 2
Design of shipments

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§ 4 targets

Deutsche Welle offers Germany as a European-grown cultural nation and a free- to make the constitutional democratic state of the rule of law comprehensible. They are intended to provide a forum for German and other viewpoints on key issues, especially in politics, culture and the economy, both in Europe and in other continents, with the aim of understanding and exchanging cultures and peoples. . In particular, Deutsche Welle promotes the German language. Non-official table of contents

§ 4a Task planning

(1) Deutsche Welle is responsible for its own responsibility by using all of the important information and assessments, in particular existing foreign policy expertise, a task planning for a period of four years. It must be updated annually. The planning basis is the financial framework data of the Federal Government, as far as Deutsche Welle is concerned. In addition, Section 4b (6) shall apply.(2) Deutsche Welle sets out its programme objectives, priority projects and their weighting in order to fulfil their tasks in accordance with § § 3 and 4 for their offers, broken down in particular by target areas, target groups, Distribution channels and forms of supply.(3) Deutsche Welle represents in its task planning how it contributes to the training and further training of media professionals, particularly in the context of international development cooperation and the promotion of external relations.(4) The task planning shall also include the criteria governing the evaluation of tenders and explain the reasons why the proposed distribution channels and forms of supply are intended for the respective target areas and target groups; and how the cooperation with third parties is to be carried out in accordance with § 8 (1) and (4). Non-official table of contents

§ 4b Participation procedure

(1) Deutsche Welle directs the draft of its task planning in the annual After the decision of the Federal Government on the next federal budget and the financial plan in good time, the German Bundestag and the Federal Government are to be amended.(2) The design of the task planning shall be published in an appropriate manner in order to give the interested public at home and abroad the opportunity to submit comments.(3) The Federal Government is taking a position on the content aspects of Deutsche Welle's task planning within six weeks. The German Bundestag is to deal with the task planning in the light of this opinion within two months.(4) The Federal Government shall inform Deutsche Welle of the financial framework data decided in the current budgetary procedure, to the extent that Deutsche Welle is concerned.(5) With the approval of the Board of Directors, Deutsche Welle decides on its task planning with the approval of the Board of Directors, including the opinions of the German Bundestag, the Federal Government and the public within two months. This task planning also includes the calculation of the operating and investment costs during the planning period. If Deutsche Welle does not follow statements in its task planning, it shall justify its decision. Deutsche Welle is responsible for the decision on its task planning.(6) The amount of the Federal subsidy for Deutsche Welle shall be determined by the annual federal budget law.(7) Deutsche Welle shall publish the final version of the task planning corresponding to the federal grant. Non-official table of contents

§ 4c Evaluation

(1) Deutsche Welle carries out a continuous evaluation of its offers and their effects.(2) Deutsche Welle draws up a report on the evaluation of its offers and their effects for the four-year planning period of the task planning. In doing so, it shall include the expertise of third parties from Germany and abroad.(3) Deutsche Welle shall forward its report in accordance with paragraph 2 to the German Bundestag, the Federal Government and the Federal Court of Auditors, and shall publish it. Non-official table of contents

§ 5 Program Principles

(1) Deutsche Welle has to respect and protect the dignity of the human being in its broadcasts. The provisions of the general laws, the legal provisions for the protection of youth and the equal rights of women and men, as well as the right of personal honour, must be respected.(2) The broadcasts must allow independent opinionation and must not unilaterally support a party or other political association, a religious community, a profession or a community of interests. The moral, religious and ideological beliefs of the radio participants must be respected.(3) The reporting should be comprehensive, truthful and factual, and should be made aware that Deutsche Welle's broadcasts touch on the relations of the Federal Republic of Germany with foreign states. The origin and content of the messages intended for publication shall be considered with due diligence. Comments are clearly to be separated from messages and marked as such by the author's name. Non-official table of contents

§ 6 Prohibited Offers, Youth Protection

(1) Offers are not permitted without prejudice to criminal liability if: they
1.
to hatred against parts of the population or against a national, racial, religious or by Incite a group of people, incite violence or arbitrary action against them, or attack the human dignity of others by impacting parts of the population or a pre-recorded group, maliciously despised, or
2.
Cruel or otherwise inhuman acts of violence against people in a way that is a glorification or trivialization of such acts In the case of virtual representations,
3.
gloriing the war,
4.
violating human dignity, in particular through the presentation of Persons who are or have been exposed to death or serious physical or mental suffering, and whereas an actual event is reproduced without any legitimate interest in this form of presentation or reporting , a consent is insignificant,
5.
is pornographic, or is a child or adolescent in unnaturally gender-based posture; this is true also in the case of virtual representations,
6.
are included in the list in accordance with § 18 of the Youth Protection Act or with a work included in this list in whole or in the Essentially,
7.
are obviously suitable, the development of children and young people or their education to a self-responsible and
in the case of point 2, Section 131 (2) of the Penal Code shall apply mutacatively. In the case of point 3, Section 86 (3) of the Penal Code applies accordingly.(2) After the inclusion of the offer in the list in accordance with § 18 of the Youth Protection Act, the prohibitions pursuant to paragraph 1 also act on the basis of substantive changes until a decision by the Federal Test Office for Media Harmful to Young People. Non-official table of contents

§ 6a Development impairing offers

(1) If Deutsche Welle is to disseminate or make available offers, the , in order to affect the development of children or young people as a person responsible for their own responsibility and at Community level, it shall ensure that children or young people of the age groups concerned are do not normally perform.(2) In the case of offers, the suitability for impairment of development within the meaning of paragraph 1 is presumed in principle if they are not released under the Youth Protection Act for children or adolescents of the respective age level. The first sentence shall apply to tenders which are substantially identical to the rated offer.(3) If a development-impairing effect as referred to in paragraph 1 is to be adopted on children or adolescents, Deutsche Welle fulfils its obligation under paragraph 1 if the offer is made available or made available only between 11 p.m. and 6 a.m. . If a developing effect on children or adolescents under 16 years of age is to be feared, the offer may only be made available or made available between 10 p.m. and 6 a.m. In the case of films which are not released under Article 14 (2) of the Youth Protection Act under 12 years of age, the welfare of younger children must be taken into account in the choice of broadcasting time.(4) For broadcasts subject to transmission time restrictions, programme announcements with moving images may only be broadcast at the times referred to in paragraph 3. Consignments for which a developable effect on children or adolescents under the age of 16 years is to be adopted must be announced by means of acoustic signs or by means of optical means throughout the whole consignment as inappropriate for the to be marked with a corresponding age.(5) Deutsche Welle may provide for time restrictions in directives or in individual cases for films to which the Youth Protection Act does not apply, in order to take account of the special features of broadcasting films on television, especially in the case of films. TV series, to live up to.(6) For other transmission formats, Deutsche Welle may provide time limitations in individual cases if their design is suitable for the subject, subject treatment, design or presentation in an overall assessment, children or young people in of their development and education.(7) For broadcasts intended exclusively or primarily for non-European countries, the time limits determined in accordance with paragraphs 3 to 6 shall be determined in all parts of the target countries after the local time.(8) At the request of the intendant, the Radio Council of Deutsche Welle may derogate from the presumption in accordance with paragraph 2. This shall apply in particular to tenders for which the evaluation shall be longer than 15 years. The supreme state youth authorities shall be informed of the divergent assessment.(9) Paragraph 1 shall not apply to news broadcasts, broadcasts on the political events in broadcasting and comparable offers in the case of telemedia, insofar as there is a legitimate interest precisely in this form of presentation or reporting. Non-official table of contents

§ 7 Youth Protection Officer/Youth Protection Officer

(1) The Artistic Director calls a youth protection officer/a Youth protection officer.(2) The Youth Protection Officer is the contact person for the radio participants and users and advises the director on issues relating to the protection of minors. This person shall be involved in the right and in good time by Deutsche Welle in the case of questions relating to the buying-in, production, acquisition, planning and design of offers and in all decisions relating to the protection of minors, and to fully inform about the respective offer. It may propose to the Intendante a restriction or modification of offers.(3) The youth protection officer must have the technical knowledge required for the performance of his/her duties. This person is free of instructions in their activities. It must not be penalised because of the performance of its tasks. They shall be provided with the necessary resources to carry out their duties. To the extent that this person is a employee of Deutsche Welle, it shall be exempted from the work performance in the form of a payment of their references to the extent necessary for their tasks.(4) The youth protection officer of the Deutsche Welle is to work with the commissioners for the protection of minors of the state broadcasters, the ZDF and the private organisers of television programs organized nationwide in one of the following:

Subsection 3
fulfillment of tasks

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§ 8 Cooperation with third parties

(1) Deutsche Welle works closely together with public broadcasters in Germany and abroad to produce their broadcasts. In particular, Deutsche Welle is expected to work with the state broadcasters of ARD and the ZDF. In its programme design, it can use broadcasts from the public broadcasters of the countries and leave their broadcasts to them for a programme takeover.(2) Deutsche Welle may cooperate with other broadcasters for the production and economic exploitation of broadcasting productions and may also participate in other companies for this purpose within the scope of section 59. The production of the broadcast production in accordance with the first sentence shall not be used for the most part in economic recovery.(3) Cooperation with broadcasters and broadcasters in accordance with paragraphs 1 and 2 shall be permitted, provided that the editorial independence of Deutsche Welle remains unaffected.(4) Deutsche Welle works on a reciprocal basis in order to fulfil its tasks, in particular with the institutions dealing with international relations, culture, business and science. Non-official table of contents

§ 9 productions

(1) Deutsche Welle fulfills the tasks assigned to it by distributing broadcasts that it
1.
self-planning and manufacturing (own production),
2.
working with third parties (Community productions),
3.
can be manufactured by third parties (Commissioned productions),
4.
acquires from third parties (foreign productions).
(2) For the presentation of the diversity in German-speaking and European space and for the promotion of of European film and television productions, Deutsche Welle is intended to cover the main part of its broadcasting time, as a whole, intended for feature films, television games, series, document arsenals and comparable productions, in accordance with the European law reserved.(3) The feature films, television games, series, document arsenals and comparable productions of Deutsche Welle shall each have an appropriate share of the national and Community productions as well as of European works by independent producers . Among the works of independent producers, a reasonable quota should be reserved for newer productions, which will be broadcast within a period of five years from the date of their production.(4) Deutsche Welle does not distribute cinema films before the end of two years after its first performance in the cinema, unless the rights holders and Deutsche Welle have agreed otherwise.(5) Any influence on the design and content of Deutsche Welle's broadcasts by third parties is not permitted. If Deutsche Welle uses order, community or foreign productions, it shall ensure that it complies with the provisions of this Act, in particular those of § § 4 to 6. Non-official table of contents

§ 10 Advertising

(1) Advertising must not mislead, do not harm the interests of consumers and do not behave , which endanger the health or safety of consumers and the protection of the environment. Advertising must not cause any physical or mental harm to children and young people. Advertising, which is also aimed at children or young people, or in which children or young people are used, must not harm their interests or exploit their inexperience.(2) The advertising of alcoholic beverages shall comply with the following criteria:
a)
It shall not be applicable to: Children or young people will be able to address children and young people in particular through the way they are presented, or they will be particularly sensitive to the alcohol consumption.
b)
It may be there is no link between improvement of physical performance and alcohol consumption or driving of motor vehicles and alcohol consumption.
c)
is not allowed to give the impression, alcohol consumption promotes social or sexual success.
d)
It must not be a therapeutic, stimulating, calming or conflict-solving effect of alcohol.
e)
Unity in the enjoyment of alcoholic beverages shall not be allowed to promote or give negative or negative effects on the use of alcohol
f)
The level of the alcoholic strength of beverages must not be highlighted as a positive property.
(2a) In the case of advertising for tobacco products in the case of telemedia, paragraph 2 (a) shall apply accordingly.(3) Advertising or advertisers may not influence the rest of the programme in terms of content and editorial content.(4) Advertising must be clearly identifiable as such. It must be clearly separated from other program parts on television by optical and in the radio by acoustic means. In advertising, subdued techniques must not be used. A partial occupancy of the broadcast image with advertising is permissible if the advertisement is clearly optically separated from the rest of the program and is marked as such. In the context of Deutsche Welle's cooperation with the ARD Land Broadcaster and the ZDF, advertising entered into the image or changed subsequently in the image is permitted by the state broadcasters.(5) Dauworkings shall be admissible if the advertising character is clearly in the foreground and the advertising constitutes an essential part of the broadcast. They must be announced at the beginning as a permanent acquisition and will be marked as such during their entire course.(6) Schleichwerbung is not permitted. Advertising shall be the mention or presentation of goods, services, names, trade marks or activities of a producer of goods or of a provider of services in programmes, provided that they are intended for advertising purposes and May mislead the general public with regard to the purpose of this mention or presentation. A reference or presentation shall be deemed to be intended for advertising purposes, in particular if it takes place in return for payment or for any other consideration.(7) In television advertising, persons who regularly present news broadcasts or broadcasts on political events may not appear.(8) Advertising of a political, philosophical or religious nature is inadmissible. § 17 shall remain unaffected.(9) Transfers of services and programmes for children may not be interrupted by advertising.(10) Television advertising shall be inserted into blocks and between individual broadcasts.(11) In a television programme, advertising is specifically and frequently addressed to viewers of another State which has ratified the European Convention on Transfrontier Television and is not a member of the European Community, the stricter rules applicable to television advertising should not be circumvented. The provisions of the first sentence shall not apply where agreements have been concluded with the State concerned in this area.(12) The total duration of advertising in the television programme of Deutsche Welle is a maximum of 20 minutes per day per year on average. No fully used advertising time may be collected for up to five minutes on a daily basis. In the case of consignments for regional distribution areas, a higher advertising content is permitted. The duration of the spot advertising on television may not exceed 20 per cent over a period of one hour.(13) Advertising in the form of direct offers to the public for the sale, purchase or conclusion of a rental or lease contract relating to products or the provision of services (television purchase) are inadmissible.(14) For the implementation of paragraphs 1 to 13, the Broadcasting Council shall adopt directives. Non-official table of contents

§ 11 Sponsers

(1) Sponser is the contribution of a natural or legal person or association of persons who is not involved in broadcasting activities or in the production of audiovisual works, for the direct or indirect financing of a consignment, in order to promote the name, the trade mark, the identity of the person, its activity or its services.(2) In the case of consignments which are sponsored in whole or in part, the sponsor must be informed at the beginning and at the end of the funding in a justifiable brevity; in this context, the notice is also possible by moving images. In addition to or in place of the name of the sponsor, the company emblem or a brand can also be displayed.(3) The content and the programme space of a sponsored broadcast may not be influenced by the sponsor in such a way that the responsibility and editorial independence of the Deutsche Welle are impaired.(4) Spent shipments shall not be allowed to encourage the sale, purchase or conclusion of a rental or lease agreement on the products or services of the sponsor or of a third party, in particular by means of special references.(5) Anyone who is not allowed to advertise in accordance with statutory provisions or who manufactures or sells predominantly products or who provides services for which advertising is prohibited by law shall not be allowed to sponsor consignments.(6) News broadcasts and broadcasts on political events may not be sponsored.(7) For the implementation of paragraphs 1 to 6, the Broadcasting Council shall adopt directives. Non-official table of contents

§ 12 Program submission to third parties

Deutsche Welle may allow foreign broadcasters or third parties to to re-radiate their produced or distributed broadcasts abroad, to feed them into foreign cable networks or to use them in any other way if this is to fulfil their programme order and a commercial distribution of the Shipments by third parties are excluded. Foreign broadcasters or third parties are not entitled to the transfer of Deutsche Welle broadcasts. Non-official table of contents

§ 13 Transcription

(1) Deutsche Welle can send ready-to-send German-or German-language broadcasters (2) The use of broadcasts produced in accordance with paragraph 1 outside broadcasting, the transfer by foreign broadcasters to third parties and the commercial distribution of the consignments by: Third parties are not permitted. If consignments are released for one-off broadcasting within a specified period of time, it is contractually ensured that they are deleted from the third party after being broadcast. Non-official table of contents

§ 14 Druckwerke

Deutsche Welle can publish print works with program-related content to the extent that this is true of their tasks. Non-official table of contents

§ 15 broadcasting technology

(1) Deutsche Welle may, in order to fulfil its task in accordance with § 3, be subject to the same technical specifications. Use the transfer possibilities available to the public service broadcasters of the countries. This includes the addition and the emission of the programs via satellites.(2) In order to fulfil its task, Deutsche Welle can rent the necessary radio stations at home and abroad; abroad it can also establish, maintain and operate the necessary radio stations.(3) Deutsche Welle's programmes can be broadcast via satellite as well as being terrestrial in foreign countries and fed into foreign cable networks. Deutsche Welle also uses its assigned transmission options in the short and medium wave range for its radio programs. In addition, Deutsche Welle broadcasts its radio programs from hired broadcasters or its own relay stations abroad.

Subsection 4
Third Party Rights

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§ 16 Right of repudiation

Deutsche Welle admits to the federal government in crisis or disaster situations or in other (a) an adequate transmission time without delay and free of charge for official release. Non-official table of contents

§ 17 Send Time for Third Parties

The Evangelical Churches, the Catholic Church and the Jewish Community are on request. to grant appropriate transmission times for the transmission of acts of worship and celebration or other religious broadcasts, including those relating to matters of public responsibility. Other religious communities of public law spread throughout the territory of the Federal Republic of Germany must be adequately taken into account. Non-official table of contents

§ 18 Counter-representation

(1) Deutsche Welle is obligated to provide the person or entity with the reply , which is affected by a factual allegation spread by Deutsche Welle in a broadcast.(2) The obligation to disseminate the reply does not exist if
1.
is the person concerned or If there is no legitimate interest in the distribution, or
2.
the counter-representation is not appropriate to its extent, in particular the extent of the objection Part of the consignment significantly exceeds.
(3) The reply must be limited to actual information and must not be subject to any criminal content. It shall be written in writing and shall be signed by the person concerned or his legal representative. The person concerned or his representative may request the distribution only if the reply is immediately, no later than three months after the spread of the alleged factual allegation, the German wave is to be claimed. The reply must refer to the consignment and the allegation of fact.(4) The reply must be disseminated immediately within the same programme as the alleged factual allegation and at the same time of day or, if this is not possible, at a time of transmission which is the time of the objection Consignment is equivalent. The distribution is carried out without any on-board, commentaries and omissions. A reply to the reply shall be admissible only if it is limited to facts.(5) The distribution of the counter-representation shall be free of charge.(6) If the Deutsche Welle (Deutsche Welle) disclaims the distribution of the reply or remains unactive, the person concerned or the body shall be open to the ordinary legal path. At the request of the person concerned, the court may order that Deutsche Welle disseminate a counterstatement in the form of paragraph 4. The procedures for applying the rules of the Code of Civil Procedure on the procedure for the adoption of an inordinated disposition must be applied accordingly. A risk to the claim does not need to be credibly made. There is no procedure for the main proceedings.(7) Paragraphs 1 to 6 shall not apply to truthful reports of public meetings of the European Parliament, of the legislative bodies of the Federal Government, of the Länder, of the representations of the municipalities and municipal associations, of the courts and of Shipments according to § § 16 and 17.(8) A counter-representation cannot be required for a reply. Non-official table of contents

§ 19 Inputs and complaints

(1) Everyone has the right to receive suggestions about the program and entries to the Germans. Wave to turn.(2) Inputs in which the violation of the program principles is claimed (program complaints) should be levied immediately after the broadcast of the broadcast. The Artistic Director decides on program complaints within one month after receipt by written notice.(3) The general manager shall submit the programme complaint and his final communication to the Broadcasting Council for information. If the general manager of the programme complaint does not help or does not help within the time limit laid down in the second sentence of paragraph 2, the complainant may turn to the Broadcasting Council, which then decides on the programme complaint. The general manager must expressly point out this possibility in his communication.(4) The provisions of the Statute shall be laid down in detail. It may provide that the Broadcasting Council shall transfer the decision referred to in the second sentence of paragraph 3 to a Board of Appeal. Non-official table of contents

§ 20 Call right

(1) Everyone can contact the Data Protection Officer of Deutsche Welle if he/she is is considered to have been infringed upon the collection, processing or use of his or her personal data by Deutsche Welle in his/her rights (call). (2) If at the same time the violation of program principles is referred to by a call § 19 claims that the data protection officer immediately informs the intendent and, at the same time, gives him an opinion on the content of the call. If the director of this opinion is to be followed, the following shall apply: further procedures § 19 (2) and (3). If the Director wishes to depart from the opinion of the Data Protection Officer in his decision regarding the part relating to the appeal, he shall submit the input to the Board of Directors for the final decision. The management board is bound by the decision of the Board of Directors. The statutes shall be laid down in detail.(3) If a program complaint is to be referred to in accordance with § 19, the general manager shall forward this input to the data protection officer for the opinion; the second sentence of the second sentence of paragraph 2 shall apply accordingly. Non-official table of contents

§ 21 Safety of evidence

(1) All shipments that are distributed by Deutsche Welle are faithful and complete. Sound recordings, from television broadcasts, to image recording, to manufacture and to store.(2) The retention period shall be three months from the date on which the broadcast is broadcast. If within this period a consignment is objectionable, the record shall be kept until the complaint is settled by a final judicial decision, by judicial settlement or by other means.(3) Anyone who makes a written believable in his/her rights to be affected by a broadcast of Deutsche Welle may request from Deutsche Welle to record this broadcast and at his own expense by Deutsche Welle

Subsection 5
Responsibility for shipments

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§ 22 General responsibility

(1) Anyone who has initiated or authorized the consignment of a contribution shall contribute to its content and design in accordance with the general laws and the special provisions of this Act the responsibility. It is also responsible who has failed to act in accordance with his duties as a task.(2) It is presumed that the mission of all the contributions of the Artistic Director is responsible for the broadcast. If and to the extent that a representative has been active for him, the presumption shall be deemed to be the burden of such a representative. Sentences 1 and 2 shall not apply in criminal and penal matters.(3) For the content and design of the broadcasts for which Deutsche Welle has granted transmission times in accordance with § § 16 and 17, the person responsible for the broadcasting time shall be responsible.(4) The responsibility of other persons, in particular of the author, manufacturer or designer of a contribution, shall remain unaffected. Non-official table of contents

§ 23 The obligation to provide information

(1) Deutsche Welle shall give the name and service address of the intendant or the other persons responsible for the consignment.(2) Deutsche Welle shall provide the Federal Government Commissioner for Culture and the Media with the information they need to fulfil their information and reporting obligations, in particular in accordance with Article 4 (3) of Directive 89 /552/EEC of 3 December 2002. October 1989 and Article 6 (2) in conjunction with Article 19 of the European Convention on Transfrontier Television of 5 October 1989. May 1989, requires.

Section 2
Structure of the institution

Subsection 1
General rules

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§ 24 Institutions

(1) Deutsche Welle's organs are:
1.
the Broadcasting Council,
2.
the Board of Directors,
3.
Artistic Director.
(2) Deutsche Welle's panels are the Broadcasting Council and the Management Board.(3) The members of the committees are acting on a voluntary basis. Non-official table of contents

§ 25 Incompatibility of offices and activities

(1) The memberships in the committees of Deutsche Welle are closed mutually. The Artistic Director must not be a member of the board.(2) The members of the bodies shall not pursue any economic or other interests which are likely to endanger the performance of their duties as members of the bodies. In particular, they must not at the same time be members of an institution
1.
another public service Broadcaster or private broadcaster,
2.
a federation of public or private broadcasters,
3.
a private-law company which directly or indirectly provides contractual arrangements for the supply of broadcasting programs or program parts to a public service or private broadcasters, or
4.
a public service institution which provides for the authorisation of and supervision of Radio broadcasters of private law are responsible for the exercise of the law.
Sentence 2 shall not apply to members of supervisory bodies or bodies of a company that Deutsche Welle is involved in, for which Deutsche Welle is a member.(3) The members of the bodies shall not be allowed to act on the basis of a service or employment contract, or as a free employee, or otherwise for remuneration for Deutsche Welle or any of the institutions referred to in the second sentence of paragraph 2, associations of institutions, companies or companies, unless it is an occasional, non-permanent activity.(4) The members of the Broadcasting Council designated by the social groups and organisations and the members of the Board of Directors elected by the Broadcasting Council from these groups and organizations shall not be members of the European Parliament, a legislative body of the federal government or a federal government, or a member of the federal government or a state government. Non-official table of contents

§ 26 Independence

(1) The members of the bodies shall represent the interests of the bodies in the performance of their duties. Generality. They shall not be bound by any instructions or instructions.(2) The members of the bodies may not be prevented from taking over and carrying out their duties or are thereby disadvantaged in their service or employment relationship. It is also inadmissible to dismiss them or to terminate them for reasons of membership of the committee. If they are in a service or employment relationship, they shall be granted the time necessary for their work. Non-official table of contents

§ 27 term of office

(1) The term of office of the committees is five years and begins with their first meeting.(2) After the end of the term of office, the bodies shall continue to conduct business until the relevant newly formed bodies meet at their constituent meeting. Non-official table of contents

§ 28 Abvocation and premature departure

(1) The state organs and the social groups and Organisations may depart the member elected or appointed by them if the activity of the member is terminated by the choice or designation of the member.(2) In addition, a member shall be deemed to be excreted if it no longer fulfils the requirements of § 25 and the relevant body determines this by decision.(3) If a Member is prematurely divorced, a successor shall be elected or appointed for the remainder of the term of office in accordance with the rules applicable to the election or appointment of the Member to whom the Member States have been expleted. Non-official table of contents

§ 29 Revocation of the members of the board

(1) No later than four months before the end of the term of office of the Broadcasting Council, its Chairman of the election or designation of the members of the new Broadcasting Council, or the appointment of the members.(2) By no later than four months before the end of the term of office of the Administrative Board, its Chairman shall request the state bodies referred to in § 31 (2) and the Chairman of the Broadcasting Council for the election or appointment of the members for the new Board of Directors.(3) As long as no use is made of the right of choice and designation, the number of members of the respective body shall be reduced accordingly.(4) The election or appointment shall be accompanied by the creation or the creation of equal participation of women and men. Non-official table of contents

§ 30 Costing of expenses

The members of the committees are entitled to reimbursement of expenses and travel expenses, Daily allowances and overnight funds. The details are governed by the statutes.

Subsection 2
Broadcasting Council

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§ 31 Composition

(1) The Broadcasting Council is made up of 17 members.(2) The two members of the Broadcasting Council are elected by the German Bundestag and by the Bundesrat. Three members are appointed by the federal government.(3) The following social groups and organizations each nominate a member of the Broadcasting Council:
1.
Evangelical Church,
2.
Catholic Church,
3.
Central Council of Jews in Germany,
4.
Bundesvereinigung der Deutschen employer associations im Agreement with the German Chambers of Industry and Commerce (DIHT),
5.
Trade union leaders,
6.
Deutscher Sportbund,
7.
Internationale Weiterbildung und Entwicklung (InWent) gGmbH,
8.
Deutscher Kulturrat,
9.
Deutsche Akademie für Sprache und gasket,
10.
Hochschulrektorenkonferenz.
(4) For each member of the Broadcasting Council, one alternate member must be elected or designated. The Deputy Member shall participate fully in the meetings of the Broadcasting Council and of its committees in the event of the ordinary Member being prevented from attending. Non-official table of contents

§ 32 Tasks

(1) The Broadcasting Council represents the interests of the general public at Deutsche Welle. He decides on issues of fundamental importance for Deutsche Welle. He advises the general manager in general programme matters and has an impact on the performance of the program's order.(2) The Broadcasting Council shall monitor compliance with the programme principles (§ 5) and the general programme guidelines. It may establish that certain programmes have contravened the programme principles. He/she may give up the intendane to defer or refrain from any breach of the law. It is not permissible to control individual broadcasts by the Broadcasting Council before they are broadcast, unless there are already clear indications of a breach of the programme's principles.(2a) The Radio Council decides on the task planning of Deutsche Welle on the basis of a presentation of the intendante.(3) The Radio Council shall, in particular, carry out the following tasks:
1.
Decree or amendment of the statutes of the Deutsche Welle,
2.
Decree or change program policies,
3.
Election and dismise of the Intendant,
4.
Election and dismise of the members of the Board of Directors according to § 36 para. 1 no. 2,
5.
Education of the Committees of the Broadcasting Council,
6.
Election and dismise of the members of the committees of the Broadcast rates,
7.
(omitted)
8.
Decree or amendment of the Rules of Procedure of the Broadcasting Council,
9.
Decree or amendment of the guidelines on the Sponser,
10.
Decree or amendment of the guidelines on advertising.
(4) The Broadcasting Council is to be consulted in terms of financial and human resources in terms of principle. This shall apply in particular in the case of the establishment of the economic plan and the discharge of the general manager's discharge by the management board. Non-official table of contents

§ 33 sessions

(1) The Broadcasting Council meets at least every three months for a regular session. At the request of six members or of the intendant, he must meet for an extraordinary meeting.(2) The meetings of the Broadcasting Council shall not be public. The Broadcasting Council may decide to meet in a public meeting.(3) The Chairman or a member of the Board of Directors appointed by him and the Artistic Director shall attend the meetings of the Broadcasting Council. They can be heard on request.(4) A member of the Staff Committee shall take part in the meetings of the Broadcasting Council and may be consulted on matters not relating to the programme area. Non-official table of contents

§ 34 Decisions and elections

(1) The Broadcasting Council is a quorum if the majority of its members have been properly charged. Members are present.(2) For decisions of the Radio Council, the majority of the votes of its members present shall in principle be required. Decisions on the determination of breaches of the principles of the programme and of the adoption or amendment of the Rules of Procedure shall require a majority of the votes of its members. A majority of two-thirds of the votes of its members require
1.
of the decree or the amendment the Articles of Association of Deutsche Welle,
2.
the convening of the intendant,
3.
the convening of the convocation a member of the Board of Directors according to § 36 (1) no. 2,
4.
the dismise of a member of a committee of the Radio Council.
(3) For elections, paragraph 1 shall apply accordingly.(4) The Radio Broadcasting Council shall elect a chairman and his deputy by a majority of the votes of its members by a secret ballot.(5) The Broadcasting Council shall elect the Director by a two-thirds majority of the votes of its members. If in two ballots a majority of two thirds of the votes of the members fail to materiate, the majority of the members shall decide.(6) For other elections, the first sentence of paragraph 2 shall apply accordingly. Non-official table of contents

§ 35 committees

(1) The Broadcasting Council, from the centre of its members, shall form a programme committee for radio and radio broadcasting. Television; it may also set up other committees.(2) The committees shall prepare the decisions of the Radio Council in the respective fields of responsibility. Each year, they shall report to the Radio Council on their activities.(3) More details are governed by the Rules of Procedure.

Subsection 3
Board of Directors

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§ 36 Composition

(1) The Board of Directors consists of seven members. It belongs to:
1.
each one from the German Bundestag and the Bundesrat, as well as one from the federal government to electing or appointing representatives,
2.
four representatives of the social groups referred to in section 31 (3), to be elected by the Broadcasting Council, and Organisations.
(2) Proposals for the members to be elected pursuant to paragraph 1 (2) may be submitted from the centre of the Broadcasting Council or from the social groups and organisations referred to in Article 31 (3).(3) For each member of the Management Board, one alternate member shall be elected or designated. The Deputy Member shall participate fully in the meetings of the Management Board if the full member is prevented from attending. Non-official table of contents

§ 37 Tasks

(1) The Board of Directors supervises the management of the intendant outside of the program design. To this end, he can request a report from the director at any time, view the documents of Deutsche Welle, check the facilities and examine the processes.(1a) The decision of the Broadcasting Council on the task planning of Deutsche Welle requires the approval of the Board of Directors on the basis of a presentation of the Intendante.(2) The Board of Directors shall also be responsible for the following tasks:
1.
Concluding and termination of the service contract with the Intendant,
2.
Order and dismise of the Data Protection Officer,
3.
Deutsche Welle's representation in legal transactions with the intendant, as well as litigation between Deutsche Welle and the Intendanten,
4.
Determination of Deutsche Welle's economic plan,
5.
Determination of the Annual accounts,
6.
Decree or amendment of the Financial Regulations,
7.
Issuing of the Financial Regulations. Discharge with regard to the intendant,
8.
Decree or amendment of the rules of procedure of the Administrative Board.
(3) The approval of the Administrative Board shall require the approval of the Administrative Board. style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
Termination and termination of the service contracts with the directors,
2.
Completion of collective agreements,
3.
Acquisition and disposal of companies and shareholdings Company,
4.
Acquisition, disposal and loading of land,
5.
Procurement of Installations of any kind and any other obligations, insofar as the business value exceeds EUR 300,000 in individual cases and are not contracts for the production and delivery of parts of the programme,
6.
over-and off-schedule expenses,
7.
Statutes or amendments,
8.
(omitted)
The amount according to sentence 1, no. 5, can be adjusted by the statutes in accordance with the economic development.(4) The Artistic Director shall be obliged to inform the Board of Directors prior to the conclusion of contracts relating to the production and delivery of programme parts, provided that the business value is the amount referred to in the first sentence of paragraph 3, in the individual case exceeds.(5) The Board of Directors must be consulted by the Broadcasting Council before the appointment of the Director. Non-official table of contents

§ 38 Sessions

(1) The Board of Directors meets at least every two months for a regular session. At the request of a member or of the intendant, he must meet for an extraordinary meeting.(2) The Chairman or a member of the Broadcasting Council and the Artistic Director of the Chairman may participate in the meetings of the Administrative Board. They can be heard on request.(3) Meetings shall not be public. Non-official table of contents

§ 39 Decisions and elections

(1) The Board of Directors is quorum if, after proper summons, the majority of its Members are present.2. For decisions of the Administrative Board, the majority of the votes of its members present shall in principle be required. The adoption of the budget, the adoption or amendment of the Financial Regulation, the adoption or amendment of the Rules of Procedure and the assent to the adoption or amendment of the Statute and the consent to the decision on the planning of tasks shall require a majority of the votes of the members.(3) The Board of Directors shall elect a chairman and its deputy by a majority of its members, by a majority of its members.

Subsection 4
Intendant

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§ 40 Election and term of office

(1) The general manager is elected by the Broadcasting Council for six years in secret ballot. Re-election is allowed. At the end of his term of office, he shall do business until the term of office of a chosen successor begins.(2) Tasks of the intendant may only be performed by who
1.
his permanent residence or ordinary Stay in the federal territory,
2.
is unrestricted to business,
3.
unrestricted ,
4.
has the ability to hold public offices and
5.
Fundamental Rights has not been affected.
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§ 41 Representation of the Intendant

If the Artistic Director is dismissed or if he fails, his representative shall carry out the business until the term of office of a chosen successor begins. Non-official table of contents

§ 42 tasks

(1) The artistic director is responsible for directing the Deutsche Welle. He is solely responsible for the programme design and for the entire operation of the institution. The general manager shall ensure that the consignments comply with the statutory provisions. The rights of the other institutions shall remain unaffected.(2) The artistic director represents Deutsche Welle in court and out of court.(3) The Artistic Director shall adopt a Rule of Procedure of the Deutsche Welle, which regulates the responsibilities of the Directorates of the Directorates and the conduct of business within the Directorates of the Directorates. Non-official table of contents

§ 43 Disappointment and dismise

(1) The service contract of the intendant ends at the end of the term of office.(2) The Director may be dismissed by the Radio Council at any time before the end of his term of office. The Artistic Director must be heard before the decision. If the Broadcasting Council decides to convene, the Board of Directors announces the service contract of the Director.(3) In the event of a dismise pursuant to paragraph 2, the remuneration for the duration of his/her term of office shall be granted to the Director in the appropriate application of the service contract.

Section 3
Financing of the institution

subsection 1
financial

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§ 44 Financial guarantee

Deutsche Welle will be able to finance the offers required under this law, taking into account the development of broadcasting technology. Non-official table of contents

§ 45 Revenue

(1) Deutsche Welle is financed from the annual grant and grants from the federal government and other revenue.(2) The amount of the federal subsidy shall be determined in accordance with the Federal Budget Act.(3) Deutsche Welle's task planning (§ § 4a, 4b) is ensured by the four-year planning period, the medium-term financial planning of the Federal Government and the decisions of the budgetary legislature. Non-official table of contents

§ 46 Principles of economic management

(1) Deutsche Welle is self-employed in its economic management, to the extent that this Law not otherwise determined or allowed.(2) Deutsche Welle has to carry out a commercial accounting in accordance with the Commercial Code.(3) Deutsche Welle, in agreement with the Federal Court of Auditors and in consultation with the Federal Government, is responsible for a financial regulation which provides for the establishment and implementation of the economic plan, the management of the accounts and accounts and the accounting of the Deutsche Welle more closely regulated.(4) In principle, Deutsche Welle's employees are not allowed to be better placed than comparable employees of the federal government. Prior to the conclusion of collective agreements which, by way of derogation from the first sentence, the employees of Deutsche Welle would be better than comparable employees of the federal government, the agreement with the Federal Government is to be brought about.(5) The provisions relating to tax-privileged purposes-§ § 51 to 68 of the Tax Code-shall apply accordingly. Non-official table of contents

§ 47 meaning and effect of the economic plan

(1) The economic plan of Deutsche Welle (economic plan) is used by the Determination and coverage of the financial needs that are likely to be necessary to fulfil Deutsche Welle's tasks in the respective financial year. The economic plan is the binding basis for budgetary and economic management.(2) The economic plan shall neither justify nor abolic any claims or liabilities. Non-official table of contents

§ 48 Economic plan statement

(1) Deutsche Welle provides an economic plan for each marketing year. the principles of economy and economy. The marketing year shall be the calendar year.(2) The economic plan shall include
1.
a plan of success in which the economic year is expected to be ,
2.
an investment plan that includes the planned measures to increase the income and expenses incurred in the event of a profit and loss account. of the assets and circulatory assets,
3.
a financial plan which includes the self-financing means, the expected financial resources and the expenditure on investments ,
4.
a transfer invoice for revenue and expenditure in accordance with the federal budget classification,
5.
an establishment plan,
6.
management principles.
(3) The overhead bill referred to in paragraph 2 No. 4 shall be in balance in revenue and expenditure.(4) The financial regulation of Deutsche Welle may provide for the inclusion of further information in the economic plan.(5) Deutsche Welle shall forward the transfer invoice, the establishment plan and the management principles pursuant to paragraph 2 (4) (4) to (6) in good time before the start of the budgetary negotiations of the Federal Government and the Federal Court of Auditors. unofficial table of contents

§ 49 (omitted)

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§ 50 Eligibility of expenditure

(1) Approaches may be declared congruous in the economic plan or in the financial regulations of Deutsche Welle, in accordance with the following paragraphs.(2) The beginnings of the success plan (§ 48 para. 2 no. 1) for personnel expenses, program expenses, operating expenses and investments can be declared mutually congrued as per each other in so far as they relate to payment-effective transactions . The same applies to staff expenditure, administrative expenditure and the investments of the overhead bill (§ 48 para. 2 no. 3). (3) The approaches to the success plan (§ 48 para. 2 no. 1) for personnel expenses, program expenses, Operating expenses and investments can be exceeded by up to 30 per cent against savings, in so far as the transactions are in payment. The same applies to expenditure on staff, administrative expenditure, and the investments of the transfer bill (§ 48 para. 2 no. 3). unofficial table of contents

§ 51 (omitted)

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§ 52 Preliminary Economic Governance

Deutsche Welle decides on the economic plan in good time for it to be 1. It may enter into force in January of the following year. If, by the end of a marketing year, Deutsche Welle has not yet decided on the economic plan for the following year, Deutsche Welle may, by the time of the decision, afford all the expenses necessary for the Deutsche Welle to
1.
to fulfill the legal program order to the previous extent,
2.
Fulfilling the legally justified obligations,
3.
Buildings, procurements and other services , provided that the economic plan of a previous year has already been granted amounts.
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§ 53 Execution The economic plan

carried out in accordance with the principles of economic efficiency and economy. § § 55, 56 (1), § § 58, 59 of the Federal Budget Code are applicable. Non-official table of contents

§ 54 Over-and out-of-plan expenses, supplement to the economic plan

(1) expenses, for which the expenses in the success plan (§ 48 (2) (1) are not sufficient or for which there are no approaches (over and out of schedule), are only allowed if they are unforeseen and unpredictable and cover in the economic plan is guaranteed. The same shall apply to payments for which the estimates put forward in the transfer invoice are not sufficient or for which no approaches are available. The Federal Government's agreement must be agreed upon and out of schedule, which may have a significant impact on the grant needs of Deutsche Welle.(2) On-and off-schedule expenses shall be subject to the consent of the Administrative Board. In the event of an inexorable expenditure, the Director shall seek the approval of the Administrative Board without delay.(3) Deutsche Welle presents a supplement to the economic plan, if
1.
shows that the Transfer invoice in accordance with § 48 para. 2 no. 3 in the execution of the economic plan in spite of the utilization of any savings possibility cannot be compensated, or
2.
over- or out-of-plan expenditure of more than 1 per hundred of the total expenditure of Deutsche Welle.
(4) The provisions of Sections 47, 48 and 50 shall apply accordingly. Non-official table of contents

§ 55 Annual Financial Statements

Deutsche Welle prepares an annual financial statement for each marketing year. The financial statements consist of
1.
the balance sheet,
2.
the income statement (profit and loss account),
3.
financial account (cash flow statement),
4.
an invoice for the revenue actually collected during the last marketing year and expenditure actually incurred in accordance with the Nomenclature according to § 48 para. 2 no. 4 and
5.
the annual report explaining the processes of special importance.
For this purpose, the Pursuant to Section 267 of the German Commercial Code, capital companies shall apply in accordance with the provisions of the German Commercial Code, unless this Act, the Financial Regulation of Deutsche Welle or the particularities of Deutsche Welle as a broadcaster of the Federal law provides otherwise. Deutsche Welle shall immediately forward the established annual financial statements and the annual report to the Federal Government and the Federal Court of Auditors. Non-official table of contents

§ 56 Examination

(1) The Federal Court of Auditors examines the budgetary and economic management of Deutsche Welle in accordance with § 111 of the Federal budget order. Section 44 (1) sentence 3 of the Federal Budget Regulations remains unaffected by this.(2) The Federal Court of Auditors and the Federal Government are informed by Deutsche Welle about all the events of Deutsche Welle that are important for the economic and financial situation. Documents which the Federal Court of Auditors deems necessary for the performance of his duties are to be made available to him by Deutsche Welle.(3) The Federal Court of Auditors shall communicate its examination results to the Director for the expression within a period of time to be determined by the Federal Court of Auditors and shall inform the Federal Government.(4) On matters of particular importance, the Federal Court of Auditors may inform the German Bundestag, the Bundesrat and the Federal Government at any time. If he reports to the German Bundestag and the Bundesrat, he shall inform the Federal Government at the same time.(5) Deutsche Welle allows the annual financial statements to be examined by an auditor. Section 53 (1) (1) and (2) of the Budget Law of 19. August 1969 (BGBl. I p. 1273). If the results of the auditor differ from those of the Federal Audit Office, the findings of the Federal Audit Office shall apply. Non-official table of contents

§ 57 Notices

The observed economic plan and the annual financial statements of Deutsche Welle published by it immediately in the Federal Gazette.

Subsection 2
Assets, participations, building measures

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§ 58 Assets

(1) The items procured from the federal grant pursuant to § 45 are part of Deutsche Welle's assets. They are fully to be used for broadcasting purposes.(2) Paragraph 1, first sentence, shall not apply to land, buildings and other construction installations, insofar as these are left free of charge to Deutsche Welle by the Federal Government.(3) In the event of a dissolution of Deutsche Welle, its entire assets fall within the federal government, subject to the proviso that it is to be used exclusively and directly for charitable purposes. Non-official table of contents

§ 59 participations

(1) In a company that has a commercial or other economic purpose , Deutsche Welle is only allowed to participate if
1.
this is the fulfillment of their legal task
2.
to cover the expenses associated with it,
3.
Deutsche Welle's deposit obligation is limited to a certain amount, and
4.
the legal provisions applicable to the legal form of the company or the Articles of Association of the Company provide for a Supervisory Board or an appropriate institution.
(2) Deutsche Welle has at participations
1.
alone or together with other public service broadcasters the necessary influence on the management of the company, in particular an appropriate Representation in the Supervisory Board, to secure and
2.
to require the companies to make the business incidents that are essential for the financial or programme issues
(3) The Federal Court of Auditors shall examine the budgetary and economic management of Deutsche Welle's holdings, provided that Deutsche Welle has a majority of the shares directly or indirectly. If Deutsche Welle does not have the majority of the shares, the rights in accordance with § § 53 and 54 of the Budgetary Control Act are to be agreed in the shareholders ' agreement or in the statute. Non-official table of contents

§ 60 Building measures

(1) Building maintenance measures, including beauty repairs, as well as cover the Basic items of land, buildings and other buildings which are not included in the property of the Federal Republic of Germany and which are not free of charge to the Deutsche Welle, are required for radio-related technical requirements. of Deutsche Welle on its own responsibility. The Federal Property Office shall be involved in the construction work to be carried out annually in order to determine the necessary construction maintenance work. The Federal Administration of the Federal Government and the Federal Property Office shall be informed of the conversion measures within the meaning of the first sentence.(2) Other than those referred to in paragraph 1, as well as all new and extension buildings on land, buildings and other buildings which are owned by the Federal Government and which are not paid free of charge to Deutsche Welle, shall be deemed to be Federal building measures carried out by the federal government.(3) The guidelines for the execution of construction tasks of the Federal Government in the area of responsibility of the financial engineering administration-RBBau-analogously apply for the construction maintenance measures as well as the new, rebuilding and extension buildings.

Section 4
Supervision

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§ 61 Exclusion of professional supervision

Deutsche Welle is not subject to any state supervision. Non-official table of contents

§ 62 Legal Supervision

(1) The Federal Government is responsible for legal supervision of Deutsche Welle.(2) The Federal Government is entitled, within the framework of legal supervision, to notify a specific body of Deutsche Welle, by written notice, of measures or omissions that violate this law, and a appropriate time limit to remedy the situation.(3) If the illegality is not remedied within the time limit, the Federal Government shall instructify Deutsche Welle to implement the measures at the expense of Deutsche Welle, which it shall specify in detail. Deutsche Welle may bring an action before the Administrative Court against instructions in accordance with the first sentence.(4) Before the Federal Government takes measures in accordance with paragraphs 2 and 3, it may, on a case-by-case basis, set a reasonable time limit for the exercise of its obligations to the respective competent organ of Deutsche Welle.