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Statutes
Statutes
of the
EUROPEAN
NON-GOVERNMENTAL
SPORTS ORGANISATION
(ENGSO)
Adopted by the Extraordinary General Assembly, Helsinki, May 5, 2007
I – GENERAL PROVISIONS
ART 1 – The name and registered address
1.1 The name of the organisation shall be the “European Non-Governmental Sports Organisation” (hereinafter called ENGSO).
1.2 It is organized by the Statutes in conformity with the French Law of July 1st, 1901.
1.3 The organization has an unlimited duration
1.4 The headquarters and registered office of ENGSO shall be in Paris, in the House of French Sports, 1, Pierre de Coubertin ave. – 75640 PARIS CEDEX 13
Its headquarters may be transferred to another country of the European Union pursuant to the simple decision of the Executive Committee.
1.5 ENGSO has its administrative seat at the National Confederation of Sports or National Olympic Committee of the Secretary General in office.
ART 2 – The vision and mission of ENGSO
2.1 The vision of ENGSO is to be the strong voice of organized sport in Europe
2.2 The mission of ENGSO is to promote the interests of sport organizations in Europe
2.3 ENGSO exists to be a proactive front runner in the sports political field, a strong networking organization for sport in Europe and a counterpart for European governmental institutions dealing directly or indirectly with sport
ART 3 – The aims of ENGSO are:
3.1 To provide a platform for exchange of knowledge and information
3.2 To discuss and lobby on current sport political issues
3.3 To seek common positions on sports issues and publicizing these positions
3.4 To strengthen the co-operation with other sport bodies such as the European Olympic Committees (EOC) and European Special Sport Federations (ESFs)
3.5 To contribute to intergovernmental sports co-operation, and represent the principal non governmental organisation position within other European sports related meetings
3.6 To develop and support a Youth Committee within ENGSO which will fulfill the general criteria necessary for membership of the European Youth Forum.
ART 4 – Official emblem and language
4.1 The official emblem of ENGSO is a blue arc outlined by a white stripe along the lower edge of the arc, a yellow five pointed star under which the acronym ENGSO is inscribed in white.
4.2 The official language of ENGSO is English. The host of a meeting may make provision for translation into French, German or other languages. Exceptionally and only at the discretion of the President a delegate may address the General Assembly in a language other than English and then only when instantaneous translation is available to all Members attending the General Assembly.
ART 5 – Members:
5.1 A member shall be a non-governmental umbrella organisation of a European country in charge of sports: National Confederation of Sports or National Olympic Committee.
5.2 Application for membership shall be made in writing to the Secretary General on such terms as laid down.
5.3 Every Member shall be held to have agreed to be bound by these Statutes and shall be bound to further to the best of their ability the aims, objectives and interests of ENGSO. In the process benefiting from all the rights given to them by these present Statutes.
5.4 No country can have more than one Member.
5.5 Admission of any Member is subject to agreement by the General Assembly, following recommendation by the Executive Committee.
5.6 Members shall nominate, cancel the nomination of and replace their Delegate by notice in writing to the Secretary General signed by an officer of the member organisation. A Delegate so nominated shall be entitled to exercise the same powers on behalf of the Member nominating them as the Member itself.
5.7 Members shall bear the cost of transport and accommodation for themselves and the host Member shall bear the cost of providing all facilities relative to the General Assembly, The Forum, The Executive Committee, The Youth Committee or Assembly and Working Group meetings.
5.8 A Member who desires to withdraw from ENGSO shall give notice in writing to the Secretary General of such intention and upon receipt of such notice shall cease to be a Member. The obligation of paying the membership fee shall be cancelled upon receipt of the notice.
5.9 The General Assembly shall decide whether a Member no longer fulfils the conditions which had qualified it for membership, such as being the official/ recognised umbrella organisation of sport in its respective country, especially in case the member ceases to be such organisation.
5.10 A Member shall cease to be a Member upon the expiration of seven days after service on them by the Executive Committee of a notice requiring them to withdraw from ENGSO following a resolution of the General Assembly at which they shall have been given reasonable notice of attending and being heard.
ART 6 – Membership Fees:
6.1 Members shall pay a membership fee each year prior to the annual General Assembly.
6.2 Only those Members whose fees are current shall be entitled to a vote at any meeting.
6.3 The General Assembly may decide by at least a two thirds majority upon the loss of membership where a Member has failed to pay its membership fee for two consecutive years and/or three years in all.
II – FUNCTIONING
ART 7 – Officially Constituted Bodies are:
7.1 A) the General Assembly
B) the Executive Committee
C) the Youth Assembly
D) the Youth Committee
E) the Working Groups
F) the Auditors
ART 8 – The General Assembly:
8.1 The General Assembly is the supreme authority of ENGSO. It is comprised of delegates appointed by all Current Members.
8.2 The functions of the General Assembly are
A) to consider and review the aims and objectives of ENGSO
B) to consider and review the aims and objectives of the Youth Assembly
C) to approve all annual reports
D) to approve all annual accounts of the period under report, having considered the statement of the auditors regarding the validity of the accounts to confirm the appointment of the auditors
E) to approve the anticipated budget for the following year and to take note of the rolling three years financial plan
F) to elect nominees to fill any vacancies in the Executive Committee
G) to confirm the appointment of the auditors
H) to approve the membership fee for the coming year
I) to adopt the activity programmes
J) to make modifications where necessary to the Statutes (requires a two thirds majority)
K) to debate all questions or proposals submitted by Members, the Executive Committee and the Youth Committee
8.3 A General Assembly is held each year.
8.4 The General Assembly decides the dates and places for subsequent General Assemblies.
8.5 An Extraordinary General Assembly will be held if so decided by the General Assembly or the Executive Committee, or if 40% of current Members request such a meeting. The meeting shall be held within three months from such a decision or request.
Only an Extraordinary General Assembly may decide of any and all adoption or modification of Statutes, liquidation or dissolution of ENGSO.
ART 9 – General Assembly Notice
9.1 A calling notice for the General Assembly shall be sent out to each Member at least forty five days before the date of the meeting.
9.2 Proposals from Members relative to the agenda and nominations for election must have reached the Secretary General at least thirty days before the date of the General Assembly.
9.3 The agenda and all other documentation shall be sent to each Member at least twenty days before the date of the General Assembly.
9.4 Every notice calling a General Assembly shall specify the place, day and hour of the meeting. If other than routine business is to be deliberated (see art. 8 A to K), the notice shall specify the general nature of such business and if any resolution is proposed as an Extraordinary or Special Resolution, the notice shall contain a statement to that effect.
A calling notice for the Extraordinary General Assembly shall contain only one topic on the agenda.
9.5 Observers without votes may be invited to the General Assembly by the Executive Committee when added information is needed or when new organisations are applying for membership.
ART 10 – General Assembly Procedures
10.1 The President with the consent of the General Assembly at which a quorum is present may adjourn a meeting from time to time and from place to place, but no business shall be transacted at any such meeting other than that which might have been discussed at the adjourned meeting.
Whenever a meeting is adjourned for more than 2 months, notice of the new meeting shall be given in the same manner as the original meeting. Members are not entitled to any notice or details of the new meeting or the business to be discussed where meetings are adjourned for shorter periods than 2 months.
10.2 At all General Assemblies a resolution put to the vote shall be decided by a show of hands of the delegates present and entitled to vote, unless before or upon declaration of the result of the show of hands a poll (secret ballot) be demanded by the President or by at least ten delegates present. Unless a poll is demanded the President shall declare the resolution carried unanimously, or by a particular majority, or lost, or not carried by a particular majority and an entry to that effect shall be made in the minutes of the General Assembly as conclusive evidence without proof of the number or proportion of votes in favour or against.
10.3 The President shall decide the time, place and manner of any poll that is demanded. No poll shall be demanded on any proposal for adjournment.
10.4 In the case of an equality of votes whether on show of hands or a poll, the President shall have a second or casting vote.
10.5 Every Member through its nominated delegate shall be entitled to be present, to speak and to have one vote at any General Assembly. Any member organisation shall be entitled to nominate in writing to the Secretary General an alternative delegate where the appointed delegate is unable to attend. Such notice shall be lodged with the Secretary General at least forty eight hours before the time appointed for the commencement of the General Assembly.
10.6 When a Member appoints an alternative delegate from their own organisation, that delegate shall have full voting rights. If the delegate is not from the same Member organisation, that delegate may represent but without any voting rights
10.7 The decisions of the General Assembly are based upon the simple majority of current, present and represented members ruling, except Articles where a figure of two thirds or more are required to secure the motion.
10.8 The General Assembly shall appoint an Election Commission to conduct the count for the election of ExCom Officers and ExCom members.
10.9 The General Assembly may only vote on proposals or resolutions if there is a quorum of at least half of the Members plus one who are current, present and represented.
10.10 Each Member shall have one vote, although each delegation can include a maximum of three delegates. Only the officially appointed Delegate may vote.
10.11 All decisions taken by the General Assembly are effective immediately.
ART 11 – The Executive Committee
11.1 The Executive Committee is comprised of nine persons, the four ExCom Officers, the four ExCom members and the President of the Youth Committee
11.2 Individuals elected to the Executive Committee by the General Assembly are elected for a period of 4 years (the Term).
11.3 Only individuals representing their National Sports Confederation or National Olympic Committee may be nominated.
11.4 It is desirable that both genders are represented in the Executive Committee and that ExCom Officers and ExCom Members come from different countries in order to provide as wide a vision as possible
11.5 Candidates may be nominated by a member organisation, or the Executive Committee.
11.6 The ExCom Officers may serve on the Executive Committee for a maximum of three consecutive terms of 4 years.
Other members may serve for a maximum of two consecutive terms of 4 years.
11.7 The Executive Committee shall have the power at any time to co-opt additional individuals (maximum 2) where its numbers fall below five, or where it needs specific skills not currently available within its ranks.
11.8 The Executive Committee can appoint staff to undertake supporting functions.
ART 12 – Election of ExCom Officers and ExCom members to the Executive Committee
12.1 Election of ExCom Officers shall be by secret ballot at a General Assembly except where the number of nominations is equal to the number of vacancies, in which case it may be by a show of hands if it is a unanimous request of the General Assembly.
12.2 Where an election takes place for a single office the result shall be by a simple majority.
12.3 Where there are two or more vacancies then the candidates with the highest and second highest number of votes shall be elected. Where there is an equal number of votes for the second, third and succeeding candidates, a second round of voting shall take place in order to select the second place and any subsequent places.
12.4 Where an ExCom Officer or ExCom member is elected to fill a mid-term vacancy (where the 4 years term has not been completed), they shall serve for the remainder of that term, although such partial term shall not count against their entitled consecutive terms as defined in art. 11.6 herein.
ART 13 – Powers and Duties of the Executive Committee
13.1 The Executive Committee shall meet at least four times a year. Calling notices, agendas and discussion papers shall be sent at least ten days before the date of the meeting.
13.2 Any elected individual absent from two consecutive meetings of the Executive Committee is deemed to have resigned, unless the Executive Committee accepts the reason given for non attendance.
13.3 Five persons elected or co-opted to the Executive Committee shall represent a quorum able to take decisions. The President shall always have a second casting vote.
13.4 The Executive Committee is responsible for:
A) execution of decisions taken by the General Assembly
B) administration and running of ENGSO
C) appointment of one of its members to sit on the Youth Committee to ensure close co-operation and integration of ENGSO principles
D) setting up of working groups and appointment of their President and members
E) appointing the delegates of ENGSO, if and when the case arises to represent ENGSO at various international events
F) adoption of internal regulations
G) ENGSO financial activities and accounts.
(No regulation made by ENGSO in the General Assembly shall invalidate any prior action of the Executive Committee which would have been valid if such regulation had not been made.)
ART 14 – The ExCom Members Duties
14.1 The President shall:
A) control, lead and guide the work of ENGSO
B) represent ENGSO with all legal rights and duties
C) preside over the meetings of the General Assembly and the Executive Committee
D) sign the minutes of the General Assembly and Executive Committee meetings
E) be signatory to the annual report, annual accounts and financial reports
F) be authorised to sign any contract approved by the Executive Committee
G) co-sign with the Secretary General all modifications adopted by the General Assembly.
14. 2 The Vice President shall
A) assist the President in his duties
B) act on behalf of the President in an official capacity as required, at which time he acts with all the authority of the President
C) be able and willing to succeed the President if so nominated
14.3 The Secretary General shall:
A) be in charge of the Secretariat of ENGSO and supervise day to day activities in furthering the aims and objectives of ENGSO
B) produce the agendas for the General Assembly and the Executive Committee in accordance with the instructions of the President
C) sign the minutes of the General Assembly and Executive Committee and secure the President’s approval.
D) supervise the accreditation of delegates to the General Assembly
E) deal with all Members correspondence
F) along with the President, Vice President and Treasurer, represent ENGSO to international assemblies and organisations.
14.4 The Treasurer shall:
A) be responsible for preparing the Annual Accounts for approval by the Executive Committee before presentation to the General Assembly
B) produce the annual budget and the rolling three year financial plan for approval by the Executive Committee before presentation to the General Assembly
C) liaise with the Auditors in aspects relating to the annual accounts
D) provide the Executive Committee with an updated financial report at every meeting.
ART.15 – Honorary President - Honorary Members - Honour Members
Upon the proposal of the Executive Committee, the General Assembly may nominate as Honorary President a former ENGSO President who has rendered exceptional services to ENGSO. The Honorary President has the right to offer his advice.
Any ENGSO ExCom member who retires after serving the ENGSO for at least ten years and having rendered exceptional services to it may, upon the proposal of the ENGSO ExCom, be nominated by the ENGSO General Assembly as an honorary member of the ENGSO ExCom.
Upon the proposal of the ENGSO ExCom, the General Assembly may nominate as honour members eminent personalities from outside the ENGSO who have rendered particularly outstanding services to ENGSO.
The Honorary President, honorary members and honour members are nominated for life. They do not have the right to vote, nor are they eligible for any ENGSO ExCom office. Their status may be withdrawn by decision of the General Assembly.
ART 16 – Finance
16.1 The financial year shall begin on January 1st and end on December 31st.
16.2 The resources of ENGSO are derived from:
A) membership fees
B) all forms of assistance accepted by the Executive Committee or the General Assembly as befits the aims and objectives of ENGSO.
16.3 Every year the General Assembly approves the annual accounts and the anticipated annual budget.
16.4 In addition a rolling three year financial plan shall be presented every year to inform the General Assembly.
16.5 ENGSO can contribute to the travel and accommodation costs of elected and appointed representatives.
ART 17 – The Annual Accounts
17.1 The accounts of ENGSO shall be audited by two delegates with a knowledge of accounting.
Every year two delegates shall be co-opted by the General Assembly to perform this task for the following year.
17.2 Their report shall be submitted to the General Assembly along with the ENGSO accounts for the preceding year.
17.3 The General Assembly shall confirm their appointment each year.
ART 18 – ENGSO Youth
(The Youth Assembly and Youth Committee)
18.1 ENGSO Youth is the youth organisation of ENGSO. The Youth Assembly and Youth Committee represent the ENGSO Youth.
18.2 ENGSO Youth has the same member organisations as ENGSO. ENGSO Youth represents the interests of youth under the age of 35 within ENGSO.
18.3 ENGSO Youth shall operate in conformity with the ENGSO Regulations.
18.4 ENGSO Youth acknowledges the primacy of the ENGSO Statutes.
18.5 ENGSO Youth shall be governed by their Standing Orders and any changes to those Standing Orders require a majority of two thirds of the ENGSO Members present at the Youth Assembly and the final approval of the ExCom before becoming applicable.
18.6 It reports to the Executive Committee and to the General Assembly.
18.7 The financial viability of ENGSO Youth is the responsibility of the Youth Committee/Assembly and their finances and accounts shall be entirely separate from those of ENGSO.
18.8 The Youth Asembly shall meet every two years before the ENGSO General Assembly.
18.9 Each current ENGSO Member may send one male and one female delegate to the Youth Assembly. All such delegates must be under 35 years of age.
18.10 Proposals to the Youth Assembly may be made by current ENGSO Members, the ExCom and the Youth Committee.
18.11 An Extraordinary Meeting of the Youth Assembly shall take place if requested by the Youth Committee, the ExCom or 40% of current ENGSO Members.
18.12 The Youth Committee shall comprise at least three persons of each gender to include the President, Vice President, and seven others. In addition the ExCom can appoint one of its officers/members to attend Youth Committee meetings.
18.13 The President, Vice President and members of the Youth Committee are elected by the Youth Assembly.
18.14 The Youth Committee is responsible for:
A) developing the ENGSO policy in the field of children and youth including finding the financial resources for this objective
B) performing such tasks and duties as may from time to time be requested by the Executive Committee
C) organising European Youth Sports Conferences
D) developing relationships with the European youth and children’s organisations.
III –MODIFICATIONS–LITIGATIONS–DISSOLUTION
ART 19 – Modifications of Statutes
Any amendment, modification or deletion of these Statutes shall require a majority of three quarters of the current Members present or represented at an Extraordinary General Assembly convened for that purpose. A majority of two thirds must vote in favour of the change for it to be adopted.
ART 20 – Treatment of Litigations
20.1 Any and all litigations between members or between a member and ENGSO shall be settled in an amicable way.
20.2 Any and all litigations between members or between a member and ENGSO that cannot be settled amicably, shall be submitted to internal arbitration.
20.2.1 Internal arbitration shall mean an Arbitration Council to be constituted of three members.
20.2.2 Arbitration Council shall be constituted for each and every litigation.
20.2.3 Each party in litigation shall appoint one member, while the third “neutral” member shall be appointed by the ENGSO Executive Committee.
20.2.4 The decision of the Arbitration Council shall be made by majority votes in written. The decision of the Arbitration Council shall be final.
20.3 Any and all litigations between members or between a member and ENGSO that cannot be settled by internal arbitration, shall be submitted to the arbitration of the Court of Arbitration in Sports (CAS) of LAUSANNE to be resolved definitively in accordance with the Code of Sports-Related Arbitration..
ART 21 – Dissolution or Winding up
21.1 Dissolution or winding up of ENGSO may be proposed by the Executive Committee or the General Assembly.
21.2 Such decision will be the responsibility of an Extraordinary General Assembly at which three quarters of the members are represented and two thirds of them vote in favour of the dissolution.
21.3 Extraordinary General Assembly shall appoint one or more receivers and determine their powers.
21.4 Should there remain after satisfaction of all debts and liabilities any property whatsoever, the same shall not be paid to or distributed among the members of ENGSO, but shall be given or transferred to some organisation or organisations having objectives of a similar nature to ENGSO and which prohibit the distribution of its income and property to an extent at least as great as is imposed on ENGSO. Such institutions to be determined before the time of dissolution and if effect cannot be given to such provision such property shall be disposed of at the direction of the Executive Committee for charitable purposes.
ART 22 – History of Adoption of Statutes
22.1 These Statutes shall replace “The Charter of ENGSO”, adopted in BERLIN, on April 23th, 1993, and modified in PAPENDAL, (the Netherlands), on April 22nd, 1994
22.2 The first Statutes were adopted in LONDON on April 28th, 1995. They were amended at the 1st General Assembly in VIENNA on September 22nd and 23rd, 1995, at the 7th General Assembly in Malta on April 22nd to 24th, 1999, at the 9th General Assembly in Helsinki on April 26th to 28th, 2001, at the 10th General Assembly in Bratislava on April 13th, 2002, and at the Extraordinary General Assembly, held in Malta, on May 7, 2006.
22.3 These Statutes were adopted by the Extraordinry General Assembly, held in Helsinki, on May 5, 2007.
22.4 They come into force with immediate effect.
President Secretary General
Bengt SEVELIUS Predrag MANOJLOVIC
Annex to the Amended Statutes 2007
Definitions and meanings
In these Statutes the words shall bear the meaning shown if not inconsistent with the subject or context.
WORDS MEANING
ENGSO - European Non-Governmental Sports Organisation
The Statutes - These Statutes and the regulations of ENGSO from time to time in
force
The Executive - The Executive Committee of ENGSO for the time being
Committee
ExCom - The Officers of ENGSO are President, Vice- President,
Officers Secretary General and Treasurer
ExCom - Individuals not being Officers who serve on the
Members Executive Committee
Honorary - A former ENGSO President who has rendered
President exceptional services to ENGSO nominated by the General Assembly
without the right to vote
Honorary - Any ENGSO ExCom member who retires after
Member serving the ENGSO for at least ten years and having rendered
exceptional services to ENGSO, nominated by the General Assembly
and without the right to vote
Honour - Eminent personalities from outside the ENGSO who
Member have rendered particularly outstanding services to ENGSO nominated
by the General Assembly and without the right to vote
Co-optee - A person appointed by a committee seeking their specialist knowledge,
or a person filling a mid term vacancy until the next General Assembly
NGO - An autonomous, voluntary, non-profit distributing sports organisation
and/or institution which is independent from the Government of their
respective country and whose elections and decisions are taken in a
democratic manner
Member - A Member organisation of ENGSO being a European National Sports
Confederation or National Olympic Committee where they are the
national umbrella organisation for sports
Current - Within the present financial year of ENGSO
Delegate - An individual nominated by a Member
The General Assembly - The supreme authority of ENGSO, comprised of delegates
appointed by current paid up Members
Đ?NGSO Youth - The Youth Organisation of ENGSO
Youth Assembly - Comprised of delegates under 35 years of Assembly age
appointed by current paid up Members of ENGSO
Youth Committee - A permanent committee working with Committee European
children and youth on sport matters
Working - An unspecified number of people
Group - appointed by the Executive Committee to investigate specific issues
and report back to the Executive Committee
Month - Calendar month
Term - The consecutive period of 4 years for which both ExCom Officers and
ExCom Members are elected to serve
N.B.
- Any words implying the singular number only shall include the plural number and vice versa.
- Words implying the masculine gender shall also imply the feminine gender.