{
  "url": "https://openlegislation.uk/eu-decision-2009-158/annex-V/division-Criteria/division-1",
  "json_url": "https://openlegislation.uk/eu-decision-2009-158/annex-V/division-Criteria/division-1.json",
  "legislation": "eudn/2009/158",
  "legislation_title": "Commission Decision of 23 February 2009 on the adoption of the Work Plan for 2009 for the implementation of the second programme of Community action in the field of health (2008 to 2013), and on the selection, award and other criteria for financial contributions to the actions of this programme (Text with EEA relevance) (2009/158/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2009-158",
  "path": "annex/V/division/Criteria/division/1",
  "kind": "division",
  "number": "1",
  "heading": "EXCLUSION AND ELIGIBILITY CRITERIA",
  "text": "Financial contributions by the Community may be awarded for the functioning of a non-governmental body or specialised network (hereinafter referred to as organisation) which:\nis non-profit-making and independent of industry, commercial and business or other conflicting interests,\nhas members in at least half of the Member States,\nhas a balanced geographical coverage,\npursues as its primary goal one or more objectives of the programme,\ndoes not pursue general objectives directly or indirectly contrary to the policies of the European Union or associated with an inadequate image,\nhas provided to the Commission satisfactory accounts of their membership, internal rules and sources of funding,\nhas provided to the Commission their annual work plan for the financial year and the most recent annual activity report and, if available the most recent evaluation report,\nis not in any of the situations of exclusion listed in Articles 93 and 94 of the Financial Regulation.\nThe criterion ‘independent from industry, commercial and business or other conflicting interest’ refers to three aspects which all have to be fulfilled by the applicant organisation:\nLegal independence\nTwo legal entities shall be regarded as independent of each other where neither is under the direct or indirect control of the other or under the same direct or indirect control of a third entity as the other.\nControl may in particular take either of the following forms:\n(a) the direct or indirect holding of more than 50 % of the nominal value of the issued share capital in the legal entity concerned, or of a majority of the voting rights of the shareholders or associates of that entity;\n(b) the direct or indirect holding of decision-making powers, in fact or in law, in the legal entity concerned.\nHowever, the following relationships between legal entities shall not in themselves be deemed to constitute controlling relationships:\n(a) the direct or indirect holding of more than 50 % of the nominal value of the issued share capital of the applicant organisation or a majority of voting rights of the shareholders or associates of the legal entities is held by the same public body;\n(b) the legal entities concerned are owned or supervised by the same public body.\nFinancial independence\nAs a general rule, applicant organisations receiving more than 20 % funding from the private sector, for their functioning (core funding) shall be considered as financially dependent.\nTransparency of the applicant’s activities and funding\n(a) all activities should be published in the applicant’s annual report. Applicants working with private sector actors regarded ineligible for example by the nature of their activity which is incompatible with the basic principles of the European Union as stated in Article 2 and 3 of the Treaty establishing the European Community, can be considered unacceptable;\n(b) all information on funding is to be made available to the public via the applicant’s website, broken down by type (core and project funding, contribution in kind) and by funding entity;\n(c) existing position statements of applicants regarding their requirement on transparency are to be publicly available.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "The term ‘private sector’ covers ‘for-profit’ companies/enterprises/corporations, business organisations or other entities irrespective of their legal nature (registered/not registered), ownership (wholly or partially privately owned/state owned) or size (large/small), if they are not controlled by the public."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Collaborators in a position that could lead to a conflict of interest (Article 52 of the Financial Regulation and Article 34 of the Implementing Rules) shall be listed."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2009/158/annex/V/division/Criteria/division/1",
    "retrieved_at": "2026-11-01T15:16:33.467853+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}