Bodies

ENGSO Extraordinary General Assembly was held in Malta.  The meeting took place in the Hotel "MERCURE-San Antonio", in St. Paul's Bay, Malta.

Annex 1

Modifications of ENGSO Statutes 

Having analyzed proposal of the legal advisor of CNOSF, ENGSO ExCom at its meeting held in Malta, January 21-22, 2006, adopted the following modifications of the ENGSO Statutes: 

A title is introduced for the first chapter of Statutes 

I – GENERAL PROVISIONS 

The following provisions of Article 1: 

1.2             The headquarters and registered office of ENGSO shall be in the offices of the National Sports Confed­eration or National Olympic Committee of the incumbent Secretary General.

1.3             ENGSO has its legal seat at the International Olympic Committee in Lausanne, (Switzerland). Any dispute concerning these Statutes shall be subject to arbitra­tion by C.A.S. in Lausanne. 

are to be reworded to be:

1.2             It is organized by the Statutes in conformity with the French Law of July 1^st, 1901.

1.3             The organization has an unlimited duration
 

Art. 1.4 is to be added as follows:
 

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.

Article 5 shall become Annex 1 of the Statutes (presented at the end of the Statutes), while all other articles shall change their order forward, art. 6 becoming art. 5, and so forth. 

The following articles are set to be in order and amended as follow: 

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. 

An additional sentence is to be added to the Article 6.7 that has become Art. 5.8 with the following wording: 

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. 

Art. 6.9 becomes 5.9 with the following wording:

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.

Art. 6.7 shall become art. 5.10 having the same wording. 

Art. 7 shall become art. 6, and will not be modified. 

A title of the chapter is introduced  

II – FUNCTIONING 

Art. 8 becomes art. 7, without any modifications. 

Art. 9 shall become art. 8 with the following amendments. Art. 9.2.D will become Art. 8.2.G, Art. 9.2.E. becomes 8.2E with the following wording:

E)         to approve the anticipated budget for the follow­ing year and to take note of the rolling three years financial plan

and there is an addition of art. 8.2.F 

F)         to elect nominees to fill any vacancies in the Executive Committee 

Art. 10 shall become art. 9 with the addition of the following provision in art. 9.4 (amended):

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.

Art. 11 becomes Art. 10 and has the following amendment of provision:

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.

Article 12 shall remain unchanged and become Art. 11 and while art. 13 will have an amendment as follows:

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. 14 shall have the following amendment to become the point 13.1.G:

G)        co-sign with the Secretary General all modifications adopted by the General Assembly. 

Art. 15 becomes art. 14 with no modifications. 

Art. 17 becomes art. 16, with the following amendment in art. 16.1:

16.1           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.

Art. 18 has become art. 17 with modifications as follow:

17.1           ENGSO Youth is the youth organisation of ENGSO. The Youth Assembly and Youth Committee represent the ENGSO Youth.

17.2           ENGSO Youth has the same member organisations as ENGSO. ENGSO Youth represents the interests of youth under the age of 35 within ENGSO.

17.3          ENGSO Youth shall operate in conformity with the ENGSO Regulations.

Other articles follow the above numbers to end with 17.4, to which the following provision is added:

D)       developing relationships with the European youth and children’s organisations.

In the last part of the Statutes the following has been amended to comply with the French Law for registration of ENGSO.

A title is introduced for the third chapter of Statutes 

III – MODIFICATIONS – LITIGATIONS – DISSOLUTION

Art. 19 has become art. 18 with the following amendments:
 

ART 18 – Modifications of Statutes

Any amendment, modification or deletion of these Statutes shall require a majority of three quarts 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. 19 has been added to be:

ART 19 – Treatment of Litigations

19.1           Any and all litigations between members or between a member and ENGSO shall be settled in an amicable way.

19.2           Any and all litigations between members or between a member and ENGSO that cannot be settled amicably, shall be submitted to internal arbitration.

19.2.1       Internal arbitration shall mean an Arbitration Council to be constituted of three members.

                   Arbitration Council shall be constituted for each and every litigation.

19.2.3       Each party in litigation shall appoint one member, while the third “neutral” member shall be appointed by the ENGSO Executive Committee.

19.2.4       The decision of the Arbitration Council shall be made by majority votes in written. The decision of the Arbitration Council shall be final.

19.3           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. 20 has been amended to read as follows:

ART 20 – Dissolution or Winding up

20.1           Dissolution or winding up of ENGSO may be proposed by the Executive Committee or the General Assembly.

20.2           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.

20.3           Extraordinary General Assembly shall appoint one or more receivers  and determine their powers.
 

While the text of art. 20 from the previous Statutes remains as art. 20.4.
 

Art. 21 is amended to read as follows:

21.1           These amended Statutes were adopted by the Extraordinary General Assembly in Malta, on May 5, 2006.

21.3           The first Statutes were adopted in LONDON on April 28^th, 1995. They were amended at the 1^st General Assembly in VIENNA on September 22^nd and 23^rd, 1995, at the 7^th General Assembly in Malta on April 22^nd to 24^th, 1999, at the 9^th General Assembly in Helsinki on April 26^th to 28^th, 2001, and lastly at the 10^th General Assembly in Bratislava on April 13^th, 2002.
 

The whole of art. 5 is included in the Annex to the Statutes with addition of the following definition:
 

ЕNGSO Youth                                     the youth organisation of ENGSO 

These modifications and amendments have been adopted by the ENGSO Executive Committee and are submitted to the adoption by the ENGSO Extraordinary General Assembly in Malta, on May 5, 2006.