EFAC Intranet

Statutes

The European Federation of Agricultural Consultants

SECTION I: DESIGNATION – SEAT – DURATION – PURPOSE

Article 1: Designation and Legal Form

(1) The “European Federation of Agricultural Consultancy”, hereinafter referred to as EFAC is subject to the present statutes.

(2) The EFAC is a non profit making body subject to the European law relating to associations.

(3) The work of EFAC is in favour and to the benefit of the EFAC members’ clients.

Article 2: Seat

The seat of the Federation is at 82, rue d’Arlon, 1040 Brussels – Belgium.

Article 3: Duration

The EFAC is founded for an indefinite period.

Article 4: Purpose

(1) The purpose of the EFAC is to bring together all agricultural consultants’ organisations of all European States and to safeguard the professional interests of agricultural consultants and their clients and to assure the quality of their services.

Agricultural consultancy means rural consultancy, tax-, financial-, legal- and economic advices, evaluation, technical consultations, education – all kind of services, needed by the clients, having rural and agricultural aspects in the widest perspective.

(2) In particular, the EFAC aims:

  1. to represent the general and specific interests of the agricultural consultancy bodies in discussion with European Union institutions and other organisations;
  2. to initiate legal, economic, financial, social and other studies of concern to agricultural consultancy bodies, their clients and their employees, in particular those illustrating the specific nature of these subjects to the European Union authorities and public opinion and thus contributing to the developing of agricultural consultancey in general;
  3. to promote contacts and cooperation between agricultural consultancy bodies in European countries and to support and coordinate their activites by creating specialist committees and working groups;
  4. to ensure liaison with any other professional agricultural organisation in European countries and other organisations working in the agricultural economic or social fields, either at an European or world level;
  5. to consider the coming enlargement of the European Union and to give support to the eastern European countries within activites similar to the members of EFAC;
  6. to promote exchange programme to our members, clients and employees and to exchange statistics, knowledge and experience between members, clients and employees, students and researchers through education, analyses and studies in differens countries.


SECTION II: MEMBERSHIP

Article 5: Participation

The participation is by Members (art. 6 and 7) and Observers (art. 8 and 9).

Article 6: Members

Members of the EFAC must be professional organisations established in European countries whose members act mainly and independently as agricultural consultants.

Article 7: Conditions for the acceptance of Membership

(1) Professional organisations which apply for membership to the EFAC must produce the following documents:

  • a copy of their statutes;
  • evidence of their legal existance;
  • the annual report about their organisation.

(2) It may be required that the aforementioned documents be produced in English, French or German translation.

(3) The General Assembly may require that professional organisations belong to the EFAC as observers before they are accepted as Members.

(4) Applications from professional organisations of countries already having one or several professional organisations as members of the EFAC will be firstly examined by the said Member organisations which will report to the Executive Board. This in turn will bring the said report to the attention of the General Assembly for decision.

Article 8: Observers

(1) Observers can only be professional organisations desiring to become Members of the EFAC.

(2) Observers must fulfil the Membership conditions from the beginning.

Article 9: Conditions for the acceptance of Observers

Before being accepted as Observers, the applying professional organisations have to submit at least one copy of the statutes as well as the descripton of the background and the area of activity of the represented Member of the profession. These documents may be required to the produced in French, English or German translations.

Article 10: Guests

(1) Organisations or individuals who are interested in the work of the EFAC or in whom the EFAC is interested may be invited by the Executive Board or the General Assembly to attend meetings. The invitation may be given for one or serveral meetings.

(2) Former delegates can be invited by the Executive Board to attend the meetings of the General Assembly.

Article 11: Participating in voting

(1) Only Members may vote at the General Assembly and at the Committees of the EFAC.

(2) The principle “one vote per country” applies to all votes except within the Executive Board. A lack of national consensus in voting will be treated as an abstention of this country.

Article 12: Financial contributions

(1) Members and Observers must pay an annual contribution. The amount of contributions per country for Members is fixed by the General Assembly. Its allotment between Members from each country shall be agreed by those Members. The amount of contribution for Observers shall be fixed directly by the General Assembly.

(2) The amount of the Members’ contribution is the same for each country.

(3) The amount of the Observers’ contribution depends on the duration of their participation to the EFAC.

Article 13: Acceptance

The acceptance of a Member of an Observer is decided by the General Assembly.

Article 14: Exclusion

Members and Observers may be excluded from the EFAC by the General Assembly when they no longer constitute an organisation who act mainly and independently as agricultural consultants, or when they infringe the statutes of the EFAC or do not comply with their financial obligations.

Article 15: Withdrawal

Members and Observers may resign from the EFAC. Notice of withdrawal must by given to the Executive Board before 30th June of any year, with effect as of 31st December of the same year. The full contribution for the year of withdrawal is due, as per article 12.


SECTION III: GENERAL ASSEMBLY

Article 16: Powers

(1) The General Assembly is the governing body of the EFAC. Certain of its administrative and management responsibilities may be delegated to the Executive Board. Each country sends a maximum of 10 representatives to the General Assemby.

(2) In particular, the General Assembly:

  • approves the candidates of the Executive Board that are appointed by the members;
  • elects the President, Vice-President and elects the Treasurer due to article 22;
  • elects the auditor and its substitute;
  • adopts the business report of the Executive Board;
  • approves the accounts of the past year and the budget for the following year;
  • fixes the contributions;
  • receives the report of the auditor;
  • discharges the Executive Board;
  • accepts and excludes Members and Observers;
  • adopts all statutory amendments and
  • decides upon the dissolution of the federation.

Article 17: Voting

(1) The quorum for the General Assembly is attendance by at least one half of the countries represented by Members of the EFAC.

(2) The General Assembly takes its decisions at the simple majority of the countries represented at the meeting.

(3) In spite of the provision of the previous paragraph, a qualified majority of two thirds is required for the following decisions:

  • amendment for the statutes;
  • transfer of the seat;
  • exclusion of a Member;
  • dissolution of the EFAC.

Article 18: Convention – Place of meeting

(1) The General Assembly shall meet once a year.

(2) An invitation and the agenda shall be send out at least 1 month before the meeting by the President.

(3) In addition the General Assembly may be convened by order of the Executive Board either on its own initiative or upon the request of one third of the countries with Members in the EFAC. Such meetings should in principle take place in Brussels.

Article 19: Meeting – Minutes

(1) The President acts as Chairman of the meeting; in the event of his absence the first Vice-President; otherwise another Member of the Executive Board shall replace him.

(2) Minutes shall be kept and signed by the Chairman of the meeting and shall be sent to all Members and Observers.

(3) A list of presence shall be circulated and signed by each person present. This list shall be attached to the minutes.


SECTION IV: EXECUTIVE BOARD

Article 20: Power

The Executive Board is in charge of the current business of the EFAC and reports to the Genral Assembly.

Article 21: Composition

(1) The Executive Board is composed of two representatives per country.

(2) The order of the offices on the board is unanimously recommended by the Executive Board and must be approved by the General Assembly.

Article 22: Election

(1) The Treasurer shall be elected for a term of two years but shall be eligible for re-election for subsequent terms.

(2) Each term of office shall start on 1st January and end 31st December of the relevant years.

Article 23: Sequence of countries

The President and the Vice-President must come form different member countries.

Article 24: Meeting – Minutes

(1) The President convenes the Executive Board when necessary.

(2) Meetings of the Executive Board shall be held on the basis of an agenda. Minutes of the decisions shall be kept and signed by the Chairman of the meeting. A list of those present shall be kept and circulated with the minutes.

(3) Decisions of the Executive Board can also be taken by way of written circulations signed by all Members of the Executive Board.


SECTION V: COMMITTEES

Article 25: Committees

(1) Committees may be set up by the General Assembly and Executive Board for the preparation and execution of special tasks. They are appointed for a certain period of time or until completion of the task.

(2) Individuals from professional organisations of the Members and Observers are appointed as per requirements of the tasks to be executed, independently from the sequence of countries.


SECTION VI: ACCOUNTS

Article 26: Organisation of accounts

(1) The EFAC’s revenues are mainly composed of:

  • the contributions of its Members and Observers;
  • possible donations to the EFAC;
  • the revenues from the assets of the EFAC and
  • should the occasion arise, the rights or fees paid to the EFAC for works or studies made in the interest of its Members.

(2) The contributions of the Members and Observers are called for annually by the Treasurer. If after two reminders – the second one by registered mail – a Member or Observer does not comply with its contribution obligation within 15 days, the said Member of Observer can be excluded from the EFAC due to Article 14.

(3) The disbursements are under the control of the Treasurer.

(4) A yearly profit and loss account, as well as a balance sheet are established by the Treasurer. The business year runs from 1st January to 31st December of each year.


SECTION VII: AUDITOR

Article 27: Powers

The Auditor (in the event of his absence, his substitue) has the duty to audit the accounts of the EFAC (sectionVI).

Article 28: Election

(1) The Auditor and his substitute are elected for one year. The term of office starts on 1st January of the year following his election. A re-election is possible.

(2) The Auditor and his substitute may come from the same country. The Auditor and his substitute may not be elected within the country of the Treasurer.

Article 29: Presentation of reports

The Auditor (in the event of his absence his substitute) presents to the General Assembly his report on the accounts of the past year.


SECTION VIII: FINAL PROVISIONS

Article 30: Dissolution of the EFAC

In the event of dissolution the General Assembly will decide on the allocation of the net wealth. The liquidation will be carried out in accordance with the provisions of the European law/Belgian law.

Article 31: Enforcement

The statutes enter into effect as of 7th may 1997.