{
  "url": "https://openlegislation.uk/eu-decision-2009-964/annex-IV/division-1",
  "json_url": "https://openlegislation.uk/eu-decision-2009-964/annex-IV/division-1.json",
  "legislation": "eudn/2009/964",
  "legislation_title": "Commission Decision of 18 December 2009 on the adoption of the Work Plan for 2010 for the implementation of the second programme of Community action in the field of health (2008-2013), on the selection, award and other criteria for financial contributions to the actions of this programme and Community payment to the WHO Framework Convention on tobacco control (notified under document C(2009) 10183) (2009/964/EU)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2009-964",
  "path": "annex/IV/division/1",
  "kind": "division",
  "number": "1",
  "heading": "EXCLUSION AND ELIGIBILITY CRITERIA",
  "text": "Joint actions may be implemented with public bodies or non-governmental bodies:\nwhich are non-profit making and independent of industry, commercial and business or other conflicting interests,\nwhich pursue as their primary goal one or more objectives of the Programme,\nwhich do not pursue general objectives directly or indirectly contrary to the policies of the European Union or associated with an inadequate image,\nwhich have provided to the Commission satisfactory accounts of their membership, internal rules and sources of funding,\nwhich are 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 all of which the applicant organisation has to meet:\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(c) 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(d) 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 % of their funding from the private sector or other conflicting interest for their functioning (core funding) shall be considered as financially dependent.\nTransparency of the applicant's activities and funding: All activities should be published in the applicant's annual report.\nApplicants 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 EC Treaty, can be considered unacceptable.\n(a) 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(b) Applicant's existing position statements 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/2009/964/annex/IV/division/1",
    "retrieved_at": "2026-11-01T15:16:17.775890+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."
}