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Media Study - Medija centar Beograd

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Agency Statute and Other General By-laws<br />

Article 33<br />

The Statute, the Council’s standing orders, the by-law regulating the organisation of the<br />

Agency expert departments, the number and status of employees in the Agency expert<br />

departments and other Agency general by-laws shall be passed by the Council.<br />

The by-laws in para 1 of this Article shall be passed by a two-thirds majority vote of all<br />

Council members.<br />

The Agency Statute shall be subject to the consent of the Assembly.<br />

IV Agency Funding<br />

Financial Plan<br />

Article 34<br />

The funding of the Agency shall be carried out in keeping with a financial plan, which<br />

shall be adopted by the Council on an annual basis.<br />

The financial plan shall determine the overall revenue and expenditure of the Agency,<br />

reserves for unforeseen outlays, as well as elements for a comprehensive overview of the<br />

wage and employment policies in the Agency.<br />

The Government shall approve the financial plan in para 1 of this Article.<br />

The financial plan shall be adopted by 15 December of the current year at the latest for<br />

the following year.<br />

The financial plan shall be published in the manner envisaged by the Agency Statute.<br />

All Agency revenue and expenditure accounts shall be subject to annual audit by an<br />

independent authorised auditor. The accounts shall be published within three months after<br />

the end of the fiscal year.<br />

If the annual balance of the Agency revenues and expenditures shows that the Agency’s<br />

overall revenues have exceeded the expenditures, the difference shall be paid to the<br />

account of the budget of the Republic of Serbia and shall be equally allocated to promote<br />

and develop culture, health, education and social care.<br />

Sources of Funding<br />

Article 35<br />

The Agency income comprises funds collected from the fees the broadcasters pay for the<br />

right to broadcast programmes (the broadcasting licences) in keeping with this Law.<br />

If the Agency fails to accrue the planned income from the fees set forth in para 1 of this<br />

Article, the lacking funds shall be provided from the budget of the Republic of Serbia.<br />

The provision of lacking funds in keeping with para 2 of this Article shall in no way<br />

influence the independence and autonomy of the Agency.<br />

V Transparency of the Agency’s Work and Judicial Control<br />

Transparency of Work<br />

Article 36<br />

The Agency shall publish an annual report on its work in the manner determined by the<br />

Statute.<br />

Judiciary Control<br />

Article 37<br />

An Agency decision may not be appealed against, but an administrative lawsuit may be<br />

launched against it.<br />

III BROADCASTING LICENCE<br />

1. Definitions of Licence and Licence Holders<br />

Principles of Licence Issuance<br />

Article 38<br />

A natural or legal person may not broadcast a radio or television programme unless it has<br />

previously been issued a licence by the Agency, unless otherwise stipulated by this Law.<br />

Any legal or natural person, fulfilling the conditions prescribed by this Law and<br />

regulations passed on the basis of this Law, may be granted a licence to broadcast a radio<br />

and television programme under equal terms.<br />

The broadcasting licence issuance procedure is public.<br />

Records are kept of all issued licences in accordance with this Law.<br />

Broadcasting Licence<br />

Article 39<br />

A broadcasting licence is an authorisation the obtainment of which vests in the licence<br />

holder the right to broadcast a certain radio and/or television programme intended for an<br />

unspecified number of users via terrestrial radio stations, cable distribution systems,<br />

satellite radio communications or in another appropriate manner.<br />

The broadcasting licence shall be issued by the Agency upon its implementation of a<br />

procedure envisaged by this Law.<br />

The broadcasting licence shall determine the programming and technical standards for<br />

the production and broadcasting of radio and television programmes.<br />

A composite part of the broadcasting licence is the radio station licence (broadcasting<br />

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