A/HRC/43/50/Add.3 Article 19. 1. The merger of the cultural institutions consists of the creation of a single institution with staff and property belonging to the merged institutions. 2. The cultural institutions shall be merged by means of an act issued by the organiser and in accordance with the procedure laid down in Article 21. 3. The act on the merger of cultural institutions includes: (1) the names of the merged cultural institutions; (2) the name, type, seat and subject matter of the cultural institution resulting from the merger; (3) the specification of the time of the merger of cultural institutions; (4) the determination of the rules for the assumption of liabilities and claims by the institution resulting from the merger. 4. The statute of the new cultural institution created by the merger is given by the organizer. The provisions of Article 13 (2) shall apply accordingly. 5. As of the date of entry in the register of a newly established cultural institution, the organiser shall remove, from the register, those cultural institutions which have merged. 28. The case of the Malta festival – the Special Rapporteur repeats opinions from the preliminary report. However, once again the explanations provided by the Ministry of Culture and National Heritage in item 17 of the attachment Answers to additional questions of the UN Special Rapporteur in the field of cultural rights are not taken into consideration. 29. The subsidy was suspended due to failure of festival’s organisers to comply with the conditions of contract with the Ministry of Culture and National Heritage. 30. Comment on the appointment of the director of the POLIN museum: under Polish law, the decision of the commission is just a stage within the process to select a director of a cultural institution. The minister of culture and national heritage has the right to take the decision to appoint the director at a later date. Ad Part III A. The implementation of cultural rights in Poland paragraph 29, 30, 31 31. Point 29 of the report contains information that requires correction and clarification. The National Media Council is not a body dependent on the government. 32. The amendment to the Broadcasting Act from 30 December 2015 (for a transitional period of 6 months) to 30 June 2016 (entered into force on 8 January 2016) authorized the Minister of the State Treasury to appoint and dismiss governing bodies and supervisory boards of public media. At that time, parliamentary procedure was underway on the preparation of the draft act establishing a new state body independent of the government administration, called the National Media Council (Act of 22 June 2016 on the National Media Council). The National Media Council is a collective body appointed by the Sejm (the lower chamber of the Polish parliament), the Senate and the President of the Republic of Poland, so it is not a government body, as it was misspelled in the report. It should be stressed that the five-member composition of the National Media Council includes two representatives of opposition groups against the government administration. 33. The basic competences of this new body in public administration are related to the appointment of management bodies and supervisory boards of public radio and television companies. Therefore, it cannot be written in the report that, as regards the composition of management bodies and supervisory bodies of the public service broadcasters, decisionmaking powers have been delegated to the government through the National Media Council. Moreover, this oversimplification is directly related to the process of setting up the governing 8