The Cyprus News Agency Laws 1989 to 2009

REPUBLIC OF CYPRUS

87 of 1989 131(Ι) of 1999 146(Ι) of 2000 55(I) of 2003 34(I) of 2004 51(I) of 2005 27(Ι) of 2009.

THE CYPRUS NEWS AGENCY LAWS 1989 TO 2009

(English translation and consolidation)

Office of the Law Commissioner Nicosia. January, 2010.

ΓΕΝ (Α) – L.98 ISBN 978-9963-664-23-8

NICOSIA ______PRINTED AT THE PRINTING OFFICE OF THE REPUBLIC OF CYPRUS

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CONTENTS

Page

Note for the Reader ...... iii

The Cyprus News Agency Laws 1989 to 2009 (Consolidation in

English) ...... 1

Note ...... 15

NOTE FOR THE READER

The publication at hand by the Office of the Law Commissioner is an English translation and consolidation of the Cyprus News Agency Laws 1989 to 2009. [i.e. Laws 87/1989, 131(I)/1999, 146(I)/2000, 55(I)/2003, 34(I)/2004, 51(I)/2005, 27(Ι)/2009]. The Note appearing at the end of the publication is important and should be borne in mind.

However useful the English translation of the consolidated Laws is in practice, it does not replace the original texts of the Laws since only the texts published in the Official Gazette of the Republic are authentic.

The Office of the Law Commissioner shall not be under any liability to any person or organisation in respect of any loss or damage, including consequential loss or damage, however caused, which may be incurred or arises directly or indirectly from reliance on information in this publication.

Reproduction authorised without prior application. Reference to the source will be appreciated.

iii

A LAW TO PROVIDE FOR THE ESTABLISHMENT OF A CORPORATE BODY TO BE CALLED THE CYPRUS NEWS AGENCY AND FOR THE EXERCISE AND PERFORMANCE BY SUCH BODY OF FUNCTIONS RELATING TO THE COLLECTION AND TRANSMISSION OF INFORMATION AND NEWS AND FOR RELATED MATTERS

The House of Representatives enacts as follows:

Short title. 1. This Law may be cited as the Cyprus News Agency Laws, 1989 to 2009. 87 of 1989

131(I) of 1999∗ 146(I) of 2000 55(I) of 2003 34(I) of 2004 51(I) of 2005 27(Ι) of 2009.* PART ONE PRELIMINARY PROVISIONS

Interpretation. 2. In this Law, unless the context otherwise requires−

“Agency” means the Cyprus News Agency established under section 3;

2 of “Agreement on the European Economic Area” means the Agreement on 27(I)/2009.* the European Economic Area signed at Oporto on 2 May 1999, as amended for the time being;

“Board” means the Board of Directors of the Agency established under subsection (1) of section 7;

“Chairman” means the Chairman of the Board appointed in accordance with subsection (1) of section 7;

“Director” means the person appointed for this purpose in accordance with subsection (1) of section 9;

“Member” means the member of the Board appointed or designated in accordance with subsection (1) of section 7; 2 of “member State” means a member state of the European Union, 27(I)/2009.* contracting party to the Agreement on the European Economic Area and the Swiss Confederation;

“Minister” means the Minister of the Interior;

2 of “prescribed post” means a post prescribed as such by the Council of 27(I)/2009. ∗

∗ See Note at the end of the text.

Ministers, pursuant to the provisions of subsection (5) of section 8;

2 of “public media service in relation to Cyprus” means the continuous, full, 55(I)/2003. accurate and objective provision of information to the public in Cyprus and abroad on what concerns or affects or interests Cyprus for the purpose of facilitating the democratic, social and cultural needs of Cypriots and foreigners living in Cyprus, Cypriot emigrants and every interested international or national news agency or foreign press organization;

“Vice-Chairman” means the person elected as Vice-Chairman pursuant to subsection (6) of section 7.

PART TWO ESTABLISHMENT, PURPOSE AND FUNCTIONS OF THE AGENCY

Establishment 3. Τhere is hereby established a news agency to be called the “Cyprus of Agency. News Agency” which shall be a body corporate vested with all the powers of a body corporate and governed by this Law.

Mission of 4. The mission of the Agency is, subject to the fundamental principles laid Agency. down in section 6, to provide the public media service in relation to Cyprus 3 of 55(I)/2003. and to engage in other commercial activities within the framework determined by section 5, if these do not affect the provision of the above- mentioned public media service.

Functions of 5. Subject to the provisions of this Law, in order to achieve its purposes, Agency. the Agency shall−

(a) collect information and data within the Republic, or elsewhere for the objective editing of news;

(b) release such news to the disposal of all those who wish to use

them, for a reasonable consideration or not, as decided by the 4(a) of 55(I)/2003. Board of Directors;

4(b) of (c) transmit and issue within the Republic and elsewhere news and 55(I)/2003. information bulletins, photographs, articles, analyses, tables and graphics, sound or vision recordings on correspondence and, generally, news through any means that may prevail in journalistic coverage and transmission with the development in technology; and

∗ See Note at the end of the text.

(d) enter into co-operation agreements with other Agencies or related organizations.

Fundamental 6. The functions of the Agency shall be governed by the following principles. fundamental principles:

(a) The Agency shall be an independent, autonomous and uncommitted organization functioning within the limits of the Cyprus laws relating to the Press.

(b) The Agency may, under no circumstances be influenced or affected in such a way, so that the fullness, accuracy or objectiveness of the news it transmits may be questioned. (c) The Agency may, under no circumstances, come under the control or promote or serve the interest of any political, party-group, economic or other group.

(d) The Agency shall be obliged to acquire, within its economic potentials proper means and develop its organization and function for the purpose of continuously and constantly offering its subscribers, full, precise, impartial and valid news.

(e) The Agency shall also be obliged to cover sensibly significant events and activities relating to Cyprus.

(f) The Agency shall, within its economic potentials, acquire the requisite offices and other premises essential for its function thereof, including the purchase and sale of immovable property.

PART THREE MANAGEMENT OF THE AGENCY

Board of 7.−(1) The Agency shall be managed by a Board of Directors of seven Directors. members consisting of a Chairman and six other members, appointed by the

Council of Ministers as follows:

(a) The Chairman, who must be person of high educational and moral level, preferably, originating from the journalistic or academic or legal world.

(b) Another member who must be a journalist, following the recommendation of the Minister.

Publishers' Association of Newspapers and Magazines, the Cyprus Union of Journalists and the Cyprus Broadcasting Corporation.

(d) Another two members designated by the Press and Information Office.

(2) All members of the Board must be citizens of the Republic of Cyprus.

(3) The tenure of office of the Chairman and the other members of the

Board shall be for three years and may be renewed: 2 of 34(I)/2004. Provided that, the services of the Chairman and any of the members of the Board shall not be terminated prior to the expiry of their tenure of office except where this is so recommended by the majority of the Board and approved by the Council of Ministers:

Provided further that, the Council of Ministers may on reasonable grounds terminate the appointment of any member or declare his position vacant.

(4) The Board may act independently of a vacancy thereof, provided that the members in service form a quorum, in accordance with subsection 7(b) of this section.

(5) In case where the post of the Chairman or any of the members of the Board becomes vacant, this shall be filled by the appointment or recommendation for appointment as would be the case, of such a person in the vacancy, in accordance with the provisions of this Law, for the remainder of the term of office of the vacancy.

(6) At its first meeting the Board shall elect, from all those members representing the Press organizations, the Vice-Chairman of the Board acting for the Chairman in the event of his temporary absence or inability to exercise the functions of his office. In such a case the Vice-Chairman shall exercise all the functions of the Chairman of the Board. Secretary of the Board shall be a member of the staff of the Agency.

(7) (a) The Chairman shall convene the meetings of the Board and preside over such meetings.

(b) The Chairman and at least three other members shall form a quorum.

(c) The decisions of the Board shall be taken by the majority of all those present, but in the event of an equality of votes the person presiding the meeting shall have a second or casting vote.

(d) Any further details concerning the meetings shall be regulated by an internal regulation made by the Board.

(8) The Chairman or the Vice-Chairman, or after proper authorization by the Board, another member of the Board or the Director shall represent the Agency in all its relations, unless otherwise provided in this Law, or otherwise decided by the Board.

(9) All the members of the Board may receive such a remuneration as the Council of Ministers may determine.

PART FOUR SERVICES OF THE AGENCY

Staff of 8.−(1) The Agency shall have its own office and service necessary for the the Agency. promotion of its objects.

(2) In the service of the Agency there shall be appointed one Director and the necessary staff thereof.

(3) The Director shall be appointed in accordance with subsection (1) of section 9 and the employees of the Agency shall be appointed by the Board and shall be subject to the Board’s administrative and disciplinary control.

(4) The structure of the Agency, the conditions of service of the staff, the retirement benefits thereof, the disciplinary code and the exercise of disciplinary authority may be determined by virtue of regulations in accordance with section 20 of this Law.

3 of (5) Notwithstanding the provisions of subsection (4) a post which entails direct 27(I)/2009. ∗ or indirect participation in the exercise of public authority and the protection of the general interests of the Agency, shall be prescribed as such by an Order of the Council of Ministers published in the Official Gazette of the Republic.

3 of (6) Notwithstanding any provisions of the Law or any regulations made 27(I)/2009.* thereunder, the Board may appoint as its employee and any person who is not a citizen of the Republic or a member state, provided that this person is a spouse or child of a citizen of the Republic or a member state, has its usual

∗ See Note at the end of the text.

residence in the Republic and fulfills all the remaining conditions and qualifications provided for a permanent appointment.

Director. 9.−(1) The Director of the Agency shall be appointed by the Council of Ministers, taking into consideration the suggestion of the Board of Directors of the Agency.

(2) The Director shall be the chief executive organ of the Agency, shall preside at the service thereof, cause decisions of the Board to be executed and exercise any other duty whatsoever as may this be determined, subject to such directions as may from time to time be given to him by the Board. (3) The Board may authorize the Director to decide and act for the Board on any subject whatsoever that falls within its jurisdiction, to take any action which would deem necessary for the smooth and productive function of the Agency’s activities.

(4) The Director shall attend on all the Board meetings, unless otherwise decided by the Board:

Provided that, the Director has no voting right.

Obligation to 9A. An employee who, during the performance of his duties ascertains or report acts of has reasonable cause to believe that an act of corruption or bribery had been corruption or bribery to the committed by another employee, during the performance of his duties at the appropriate Agency, is bound to report it in writing to the Board, giving all necessary authority. 2 of particulars to support his allegation: 51(I)/2005. Provided that, for the purposes of this section, the term “employee” includes the Director and any person employed temporarily at the Agency.

PART FIVE POWERS OF MINISTER

Powers of 10. The Minister may− Minister in relation to the Agency. (a) give directions of general nature to the Board, after consultation with the Board as to the exercise of its functions thereof, necessary for the general interest of the Republic, the Board being bound to follow any such direction;

(b) require the Board to provide him with reports, accounts and any other information relating to the property of the Agency and the activities of the Board, the Board being bound to

provide the Minister anything he may request under this subsection and provide him all relevant ledgers and documents and any other assistance to verify the same.

PART SIX FINANCIAL PROVISIONS

Budget of the 11.−(1) The Agency shall have its own budget prepared annually by the Agency. Board and subjected to the approval of the Council of Ministers and the House of Representatives. The Budget shall cover the financial plan of the Agency for each financial year, which shall commence on the 1st January and end on the 31st December:

Provided that, the first financial year of the beginning of the function of the Agency shall commence on that date and shall end on the 31st December of the same year.

(2) The Minister of Finance may determine the way in which the Budget will be prepared and the way the analysis of the allocation of the income and expenditure charge board will appear.

Ledgers, 12.−(1) The Agency shall keep ledgers and accounts on its activities, as accounts and may be determined by the Minister of Finance. report of the financial management of the Agency.

5(a) of (1A) The Agency shall keep separate accounts for the activities concerning 55(I)/2003. the provision of public media service in relation to Cyprus and its commercial activities. The keeping of accounts must be in accordance with current commercial practice and generally acceptable accountancy principles to ensure that− (a) the internal accounts corresponding to the various activities are separate;

(b) all expenses and income are accounted for or distributed correctly on the basis of analytical accounts that must be applied with consistency and justified objectively; and

(2) An annual report shall be drafted, under the praisian of the Board, on the financial management of each financial year, in any manner the Minister

of Finance may determine.

5(b) of (3) (a) The accounts of the Agency shall be audited by the Auditor- 55(I)/2003. General of the Republic and shall be submitted to the Board.

5(b) of (b) The Auditor-General shall issue a report shall which refer to 55(I)/2003. possible financial economic flux between the commercial activities and the activities concerning the provision of public media service in relation to Cyprus.

(4) As soon as the accounts of the Agency have been audited, the Board shall submit the report of the financial management, together with a copy of the report of the Auditor-General, to the Council of Ministers and the House of Representatives for their information. The report of the financial management and the report of the Auditor-General may be published by the Agency as the Council of Ministers may determine.

Fund of the 13.−(1) The Agency shall have a separate Fund in which the following are Agency. deposited−

(a) the subscriptions to the Agency;

(b) any subsidy or other income or amount that may be disposed for the Agency or collected thereby;

(d) any other income whatsoever derived from the Agency ´s assets; and

(e) any Government Subsidy.

(2) There shall be paid out of the funds of the Agency−

(a) all salaries of the members of the staff of the Agency and any compensation to the members of the Board;

(b) the contributions of the Agency to other related Organizations;

(d) in general any other amount the Agency owes under the Law.

(3) Any money of the Agency, which are not immediately necessary for its

lawful payments, may be invested in a manner determined by the Minister of Finance.

Loans. 14.−(1) Subject to the public or state aid rules in force for the time being, 6(a) of the Agency may, for promoting its objects, enter into loan agreements under 55(I)/2003. such terms and from such sources as the Council of Ministers may determine.

6(b) of (2) Subject to the public or state aid rules in force for the time being, the 55(I)/2003. Minister of Finance shall have the power, to guarantee, upon a decision of the Council of Ministers, in such manner and upon such terms, as he may deem reasonable, the payment of any loan entered by the Agency.

PART SEVEN MISCELLANEOUS PROVISIONS

Compulsory 15.−(1) The Agency shall have the power to acquire property by compulsory expropriation expropriation for attaining its objects, under the provisions of the Compulsory and sale of property. Acquisition of Property Law in force for the time being.

(2) The Board may not sale or in any way charge immovable property belonging to the Agency without the prior approval of the Council of Ministers.

Prohibition of 16. Notwithstanding the provisions of any other Law, the immovable expropriation property of the Agency, may not be expropriated, mortgaged or charged in etc. of immovable conjunction with another title without the prior approval of the Council of property of the Ministers. Agency without prior approval of the Council of Ministers.

Representation 17. In any judicial and/or land registry procedure or in any other of Agency. administrative authority the Agency shall be represented by its Director or any other employee of the Agency duly authorized by the Board.

Contracts. 18. All contracts entered by or for the Agency shall be signed by the Chairman of the Board or any person assigned by the Board.

Public aid. 19. Subject to the provisions of the Control of State Aid Laws*, the Agency

7 of may accept public aid. In particular, the Agency may accept public aid for 55(I)/2003. the need of provision of public media service in relation to Cyprus, which 30(I) of 2001 122(I) of 2001 must not exceed the supplementary cost arising out of the provision of the 139(I) of 2002 said service. 10(I) of 2003 80(I) of 2003 144(I) of 2004∗ 117(I) of 2005 9(I) of 2007 82(I) of 2007. Power of 20.−(1) The Board may, with the approval of the Council of Ministers, have Agency to the power to make regulations for the better carrying into effect of the make regulations. provisions of this Law and the exercise of the functions thereof.

2 of (2) Regulations made by virtue of this section, regulating staff matters, 146(I)/2000. including the conditions of service, Pension and Benefit Plan for the employees of the Agency and their dependants and staff assessment, may have retrospective effect:

Provided that Regulations made with retrospective effect shall not apply to decisions, acts, and/or omissions within the meaning of Article 146.1 of the Constitution in relation to which, either on the date of publication of the regulations, the time-limit of Article 146.3 of the Constitution has not lapsed or an application for annulment is pending before the Supreme Court or where a judgment on the application for annulment has already been issued, the time-limit for appeal has not lapsed or an appeal against the decision is pending.

2 of (3) Regulations made under this section shall be laid before the House of 146(I)/2000. Representatives. If within thirty days of such laying the House of Representatives does not by resolution amend or annul in whole or in part the Regulations so laid, they shall then, immediately after the expiry of the period hereinabove mentioned, be published in the Official Gazette of the Republic as so amended and they shall come into force as from such publication.

∗ Note: The principal law refers to the Public Aid Laws 2001 – 2003 By the Control of State Aid (Amendment) Law, 2004 (L. 144(I)/2004) the title of the principal law has changed to «the Control of State Aid Law». By virtue of section 13 thereof, Law 144(I)/2004 came into force on 1st May 2004.

NOTE

The following observations do not form part of the principal law and they cannot be included in the consolidated text of the Law as a section thereof. However, in view of the fact that they affect the application of the Law, it was considered expedient to include them in this Note:

The Cyprus News Agency (Amendment) Law, 2009 (L. 27(I)/2009), published in the Official Gazette of the Republic, Supplement I(I), dated 3.4.2009, contains the following provision:

“Repeal. 4. The Cyprus News Agency (Amendment) Law, 1999 is hereby repealed.”. 131(I) of 1999.