STATUTES
of the
EUROPEAN
NON-GOVERNMENTAL
SPORTS ORGANISATION
(ENGSO)
Adopted by
the Extraordinary General Assembly, Malta, May 5, 2006
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 aims
of ENGSO are:
2.1 to
promote the unity of sport, in all ranges of activity from mass
to elite sports, explicitly respecting all varieties of sports,
different target groups with a special focus on youth, and the
multiple social and cultural aspects involved
2.2 to
promote and defend the independence, autonomy and common
interests of its Members
2.3 to
help to improve sports development in Members’ countries and to
increase co-operation within European sports.
ART 3 – The
objectives to help in achieving the aims:
3.1
sharing of information on national sports development
3.2
discussing and lobbying on current sport political issues
3.3
seeking common positions on sports issues and
publicising these positions
3.4
strengthening the co-operation with other sport bodies
such as the European Olympic Committees (EOC) and European
Special Sport Federations (ESFs)
3.5
representing the principal NGO position within the
European Sports Conference and contributing to
inter-governmental sports co-operation, e.g. within the CDDS of
the Council of Europe and the European Union (EU)
3.6 developing and supporting a Youth Committee
within ENGSO which will fulfil 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 meetings.
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.
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 – Finance
15.1 The
financial year shall begin on January 1st and end on
December 31st.
15.2 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.
15.3 Every
year the General Assembly approves the annual accounts and the
anticipated annual budget.
15.4 In
addition a rolling three year financial plan shall be presented
every year to inform the General Assembly.
ART 16
– The Annual Accounts
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.
16.2 Their report shall be submitted to the General
Assembly along with the ENGSO accounts for the preceding year.
16.3
The General Assembly shall confirm their appointment
each year.
ART 17
– ENGSO Youth
(The
Youth Assembly and Youth Committee)
.
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.
17.4
ENGSO Youth acknowledges the primacy of the ENGSO
Statutes.
17.5 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.
17.6 It reports to the Executive Committee and to the
General Assembly.
17.7 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.
17.8
The Youth Asembly shall meet every two years before
the ENGSO General Assembly.
17.9
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.
17.10 Proposals to the Youth Assembly may be made by
current ENGSO Members, the ExCom and the Youth Committee.
17.11 An Extraordinary Meeting of the Youth Assembly
shall take place if requested by the Youth Committee, the ExCom
or 40% of current ENGSO Members.
17.12 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.
17.13 The President, Vice President and members of the
Youth Committee are elected by the Youth Assembly.
17.14 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 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 – 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.
19.2.2
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 – 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.
20.4
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 21
– History of Adoption of Statutes
21.1 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
21.2 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, and at the 10th General Assembly in Bratislava
on April 13th, 2002.
21.3 These
Statutes were adopted by the 14th Extraordinry
General Assembly, held in Malta, on May 7, 2006.
21.4 They
come into force with immediate effect.
President
Secretary General
Bengt SEVELIUS
Predrag MANOJLOVIC
Annex to the
Amended Statutes 2005
Definitions and
meanings
In these Statutes
the words shall bear the meaning shown if not inconsistent with
the subject or context.
WORDS
MEANING
ENGSO
the previously named organisation
The
Statutes these Statutes
and the regulations of ENGSO from time to time in force
The
Executive the Executive
Committee for the time being
Committee of ENGSO
ExCom
the Officers of
ENGSO are President, Vice
Officers
President,
Secretary General and Treasurer
ExCom
individuals not
being Officers who serve
Members on the
Executive Committee
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
ЕNGSO
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
consec | 
