DGM & EFMSEUROPÄISCHE FÖDERATION DER GESELLSCHAFTEN FÜR MEERES-FORSCHUNG UND -TECHNOLOGIE
EUROPEAN FEDERATION OF MARINE SCIENCE AND TECHNOLOGY SOCIETIES
FEDERATION EUROPEENNE DES ASSOCIATIONS EN SCIENCES ET TECHNOLOGIES MARINES
more information about the EFMSTS: http://www.efmsts.eu
Article 1 : Name, legal status
1. An Association, to be known as :
European Federation of Marine and Technology Societies (EFMS)
is formed by European Marine Science and Technology Societies which agree to these statutes.
2. The Federation shall be deemed to be an association governed by the Law of France of 1st July 1901 and the French decree of August 1901 and these statutes shall be interpreted and operated in accordance which French Law.
Article 2 : Registered office and location
1. The registered office of EFMS is situated in France at the address :
Institut Océanographique
195, rue Saint-Jacques
F-75005 Paris – France
2. The working office, hereafter referred to as the Bureau, is situated within one of the member states of the European Union or its Associated Countries. Its location may be transferred from one of these states to another if proposed by the Council and approved by the General Meeting.
Article 3 : Objectives
1. The objectives of the Federation are
a) to contribute to the advancement of research and education in Marine Science and Technology and
b) to disseminate information to promote the advancement of Marine Science and Technology in Europe
2. For these purposes the Federation undertakes :
a) to address jointly European issues of common interest ;
b) to make known the conceptions and needs of its members
c) to promote the development of Marine Science and Technology
d) to promote the contribution of Marine Science and Technology to the European Union research programmes ;
e) to assist the European Union to obtain technical advice from the members of the Federation
f) to provide a permanent network between the Marine Science and Technology Societies and a common, but not unique, gateway to each of the Marine Science and Technology Societies and their national networks.
Article 4 : Duration, Financial Year
1. EFMS is created for an undetermined period.
2. The financial year will commence on 1 January each year and will be closed on 31st December of each year.
Article 5 : Structure, membership
1. The Federation shall consist of :
a) Full members.
Non-governmental Societies of Marine Science and Technology from countries within the European Union or its Associated Countries can become full members.
b) Affiliated members.
Societies of Marine Science and Technology from areas outside the European Union or its Associated Countries will be eligible for election as affiliated members. Affiliated membership must be approved by the annual meeting of Council. Affiliated members cannot vote and representatives of affiliated members cannot be elected as officials of EFMS. Otherwise they have the same rights and obligations as full members.
c) Associate members.
Commercial enterprises with offices in more than one constituent country and Institutional organisations from countries within the European Union or its Associated Countries with general interests consonant with the aims of EFMS, can be elected as associate members. Associate membership must be approved by the annual meeting of Council. Associate members cannot vote and representatives of associate members cannot be elected as officials of EFMS. Otherwise they have the same rights and obligations as full members.
d) Individual members.
The members of the Marine Science and Technology Societies which are full members of EFMS are also individual members of EFMS.
2. Any resident of the European Union or its Associated Countries where there is no Society for Marine Science or Marine Technology can become an individual member of the Federation by joining a Society which is a full member of the Federation.
3. New admissions of Societies to full membership, or to affiliated or to associate membership, of the Federation are to be decided by its Council provided that the Society or organisation making the application has lodged full details and documentation of its activities with the Secretary-General at least three months before the Council meeting at which election is to be approved.
Article 6 : Membership Fees
6.1 Definitions
Each country of the European Union or its Associated Countries that has at least one Society which is a full member of the EFMS is defined as a Constituent Country. The Societies within that country that become full members of the Federation will be known as Adhering Societies.
6.2 Calculation of membership fees
The annual membership fees for each Constituent Country are based on a unit system. Members in :
a) Category 1. (for example Belgium, Ireland, Israel, Greece, Luxembourg, Portugal) will each pay an annual fee of one unit
b) Category 2. (for example Denmark, Finland, The Netherlands, Norway, Sweden) will each pay an annual fee of two units
c) Category 3. (for example France, Germany, Italy, Spain, United Kingdom) will each pay an annual fee of three units
3. The Annual Membership fees for Affiliated and Associate members will be one unit
4. The General Meeting will decide on
a) the cost of one unit
b) the assignment of members to the various categories
5. The fee covers one financial year and is due in the 1st quarter of that financial year.
6. The fees to be paid cover the normal running cost of the Federation established on the basis of an annual programme approved by the General Meeting.
7. If a new member (full, affiliated or associate member) joins the EFMS during the course of a financial year, the full fee for that financial year must be paid.
8. The Council can also receive voluntary contributions.
Article 7 : Resignation, Exclusion, Reinstatement
1. Resignation
Any member organisation may freely resign from the Association by sending its resignation by registered letter to the Secretary-General of EFMS. In order for the resignation to be effective on the 1st January of any year it should be filed with the Secretary-General before the 1st July of the previous Year.
2. Exclusion
Where a member organisation has:
a) failed to pay its membership fee by the end of the financial year in which it falls due or
b) has not abided by the Statutes, or
c) has not abided by the internal regulations of EFMS,
it may be excluded, on proposal of the Executive Committee, by decision of the General Meeting by a secret vote with a qualified majority of three quarters of the full members present. Objections to the proposal of the Executive Committee may be introduced at the General Meeting.
3. An excluded or resigning member organisation cannot ask for a refund of its due fee. It remains liable for the full payment of its membership fee for the financial year during which resignation or exclusion has become effective.
4. Reinstatement
After paying its due membership fee a former member excluded according to Article 7 Section 2a can have its membership reinstated by a majority vote of the General Meeting, provided it agrees to abide by the Statutes, and by the internal regulations of EFMS.
Article 8 : Administration
1. The affairs of the Federation shall be conducted by a Council and by an Executive Committee.
8.1 The Council
2. The Council will consist of one delegate from each Constituent Country. Each delegate will have one vote.
3. Each Constituent Country must yearly designate a delegate and a deputy to the Council of the Federation to the Secretary-General at least one month before the next Council meeting.
4. Except as otherwise specifically provided by these Statutes, any matter to be decided by the Council shall be decided by a simple majority vote of those present and voting at a meeting of the Council.
5. The Council will approve the admission of new members as full or affiliated or associate members.
6. The Council shall meet at each General Meeting of the Federation and at such other times as may be necessary.
8.2 Rules for nomination of EFMS officers
7. When positions on the Executive Committee are due to fall vacant, all Constituent Countries should be approached by the Secretary-General to propose candidates from amongst the Council for specific offices on the Executive Committee.
8. The Secretary-General should circulate the names of those recommended by the Constituent Countries at least two months prior to the Council Meeting at which they will be elected.
9. After discussing the merits of the persons proposed, the Council will normally recommend more than one candidate for each office, with due regard to geographical representation, for election at the next General Meeting.
10. The Council shall elect, by secret ballot by a majority vote of those present, the Executive Committee members namely:
a) the President,
b) the two vice-presidents,
c) the Secretary-General,
d) the Treasurer
11. The President shall be the Chairman of the Council and of the Executive Committee.
12. Each of these Officers shall serve for a term of three years. These EFMS Officers may not serve in the same capacity for more than one additional term (a total of six years).
8.3. Executive Committee
13. Subject to the Council, the administration of the Federation shall be vested in the Executive Committee consisting of the President, the EFMS officers, together with any person or persons appointed by Council to serve thereon for a specified period of not more than three years.
14. The Executive Committee shall be empowered to act on behalf of the Council and to enter into contracts in the period between meetings of the Council.
15. The members of the Executive Committee are chosen from among the official representatives of the Constituent Countries. Once elected they lose their mandate as a national delegate and are replaced by their deputy, and a new deputy is appointed.
16. The President will not be replaced by a deputy and will retain a casting vote on the Council.
17. One Vice-President will be the "Past President". Except for the first Executive Committee.
18. The Chairmen of Working Groups established by the General Meeting can attend the Executive Committee as non-voting members.
19. The Executive Committee shall oversee the execution of the decisions of the General Meeting. The members of the Executive Committee shall have the power to represent EFMS in dealings with third parties and in legal proceedings.
20. The Executive Committee will meet at least once a year, and additionally as necessary, to discuss the management and progress of EFMS affairs. Between meetings of the Executive Committee the President will consult with the whole Committee before reaching a decision.
21. A decision of the Executive Committee shall be required to authorise any of the following operations of EFMS :
a) establishing and terminating co-operation with other legal entities which is both long term and of importance to the activities of EFMS
b) accepting tasks, such as studies, transfer of expertise, pilot projects and expert missions, from an EU institution or any third party, other than providing regular information or advice
c) concluding contracts, and performing other legal acts
d) accepting national or multinational subsidies
8.4 The President
8.5. Secretary-General
22. A new Secretary-General should be elected one year before the last meeting of Council convened by the outgoing Secretary-General
23. Under the authority of the Executive Committee, the Secretary-General manages EFMS on a daily basis:
a) initiating and maintaining contacts with the EU and other third parties
b) strengthening the contacts between the members and EU Societies
c) channelling requests of the EU to the member Societies and vice versa
d) answering requests of the EU, or third parties, to the extent that they are covered by the normal budget
e) managing the collective answer of EFMS members to such requests,
f) proposing and managing the normal budget of EFMS and accompanying work programme
g) serving as secretary to the General Meeting and the Executive Committee.
8.6 Treasurer
24. The Treasurer will act as the controller of EFMS accounts, which will be managed by the Secretary-General.
25. A new Treasurer should be elected one year before the last meeting of Council at which the accounts will be presented by the outgoing Treasurer.
Article 9 : General Meeting
1. The Council shall from time to time appoint one of the Constituent Countries to be the Host Country to organize a General Meeting of the Federation.
2. A General Meeting of the Federation shall be held at least every two years at a place chosen by the Host Country and approved by the Host Country and by the Council. A General Meeting shall also be open to non-members.
3. The Host Country will appoint a chairpersonship for the General Meeting.
4. A General Meeting of the Federation shall provide opportunities for the presentation of original communications, demonstrations and symposia. The detailed arrangements for the Meeting shall be at the discretion of the Host Country, in agreement with the Council.
5. The financial arrangements for a General Meeting are the responsibility of the Host Country. The Host Country may charge registration fees for those attending a General Meeting.
6. The General Meeting consists of all members of the member Societies and organisations of EFMS.
7. Each Constituent Country present at the General Meeting shall have one vote through its Council Member.
8. At the General Meeting, in order to deliberate validly, at least 60% of the Council Members should be present.
9. The General Meeting has all the powers enabling EFMS to fulfil its objectives. The General Meeting determines major actions of EFMS and broad policy issues.
Article 10 : Change of Statutes
1. The General Meeting shall have sole power to amend the Statutes of EFMS, on a vote taken by a qualified majority of two thirds of the Council Members.
2. Proposed changes must be notified by member societies and organisations in writing to the Secretary-General, at least three months before a General Meeting. The Secretary-General shall in turn notify all Adhering Societies and Associate and Affiliated Societies of such proposals, at least two months before the General Meeting.
Article 11 : Working Groups
1. Working Groups (WGs) may be established for special topics in the interest of the EFMS on request of individual members of societies from at least two full EFMS member countries. Applications must be sent to the Executive Committee.
2. The establishment of a WG is decided by the Council. The WG proposes its chairperson for a term of three years and the Council confirms the proposal.
3. WGs may apply to the Executive Committee for financial support of their activities.
4. The Council can decide to dissolve a WG if it has been inactive for a period longer than three years.
Article 12 : Expenses
1. The basic activities of EFMS will be financed by membership fees and other possible contributions by its members, and, more generally, by any subsidy, grant, or donation that the Association might benefit of.
2. Normal expenses will include the cost of :
a) the EFMS registered office
b) the Bureau (Office), as referred to in Article 2
c) running the information network of EFMS
d) subsidies for the expenses of the Executive Committee members when formally representing the EFMS
e) exchange of publicly available information with third parties
f) technical views on issues raised by the institutions of the EU or third parties with EFMS
3. Within the framework of normal activities, the services of EFMS may be offered free of charge
4. The General Meeting may ask a Constituent Country to provide facilities for the Bureau. The function of the Bureau is to provide accommodation for the Secretary-General and support staff as well as to act as a contact point. The Bureau will operate with minimum administrative support.
5. Where the Constituent Countries or third parties request the realisation of particular tasks, studies, pilot projects, missions, or enquiries involving large datasets and/or extensive interpretation and co-ordination of response, EFMS may cover expenses incurred by such requests by specific means as contractual agreements, or any financial national or multinational resources or subsidy.
Article 13 : Auditing
1. The annual accounts will be audited by an auditing committee to be elected by the General Meeting. The audit will be conducted in accordance with the law of France.
Article 14 : General Provisions
1. The working language of EFMS is English.
2. The translation for the benefit of the members of the different member Societies of the federation, of partnership agreements, decisions, reports etc. into their national language is the responsibility of each member Society of the Federation.
Article 15 : Dissolution
1. On proposal of a Council member, the federation and its statutes may be dissolved at any time at a meeting of the Council at which two-thirds of the Constituent Countries vote in favour of the proposal.
2. The proposal must be notified in writing to the Secretary-General, at least three months before a Council Meeting. The Secretary-General shall in turn notify all Adhering Societies and Affiliated and Associate Societies, at least two months before the Council meeting.
3. On the dissolution of the Federation any surplus assets of the Federation shall, in such manner as the Council may decide, be applied for charitable purposes in connection with the advancement of research and education in the Marine Science and Technology.
