I. NAME, REGISTERED OFFICES, OBJECT
Article 1
An International Association is constituted with a philanthropic, scientific and pedagogical object under the name: "Standing Committee of European Doctors".
This Association is formed in accordance with Title III of the Belgian Act of 27th June 1921.
Article 2
The registered offices of the Standing Committee are established in a “commune” of the Brussels region. They are currently located at Rue Guimard, 1040 Brussels. The registered offices can be transferred to any other place in BELGIUM by a simple decision of the Board published within a month of that decision in the Annexes of the “Moniteur Belge”.
Article 3
The objectives of the Standing Committee, a non profit-making organisation, are:
- the study and promotion of the highest level of medical training, medical practice, health and health care within the European Union;
- the study and promotion of the free movement of doctors within the European Union;
These objectives are to be pursued by the following activities:
- the representation within this framework of the medical profession in the Member States of the European Union, to European Union authorities and any other authority and/or organisation dealing with questions directly or indirectly concerning the medical profession;
- the consultation of institutions of the European Union;
- the provision of information to the members on all relevant matters concerning the European Union
- the organisation of meetings;
- and any action which might further the achievement of the aforementioned objectives .
II. MEMBERSHIP
Article 4
1. Member associations
The Standing Committee is composed of at least three member associations, legally constituted in keeping with the laws and customs of their country of origin.
An organisation representing medical doctors may become a member association of the Standing Committee with voting rights if it is the most representative non-governmental national medical association of :
a) one of the member states of the European Union or
b) one of the countries of the European Economic Area Agreement or
c) an European State that is party of a treaty or an agreement with the European Union and all its member states, constituting individual rights to the citizens of all parties at least in the area of free movement of persons and services in accordance with and application of the community law, including its acquis and the European Court jurisdiction, and guaranteeing the full application of the community-law-based rules of automatic mutual recognition of diplomas of training and specialised training in medicine.
Voting rights of Members that comply with the prerequisites of par. b and par. c are subject to the terms of article 10.
2. Associate members
The General Assembly can decide to accept as associate members into the Standing Committee, the national medical association of a European country bound to the European Union by an association agreement or the national medical association of any other European country, which has applied for associated status. Associate members do not have voting rights.
A national medical association in order to become an associate member of the Standing Committee must be the most representative non-governmental national medical organisation of the country.
3. Associated organisations
Any autonomous European or international organisation can be recognised by the Standing Committee to become an associated organisation. Associated organisations do not have voting rights.
4. Observers
The General Assembly can decide to accept as observer into the Standing Committee a national medical association that is not eligible to become either a member association or an associate member, or an autonomous European or international non governmental organisation which has applied for the status of observer.
In order to become an observer of the Standing Committee a national medical association must be the most representative non-governmental national medical organisation of the country.
5. Exclusivity of the membership
Only one national medical organisation from any individual country can be represented in the Standing Committee. A national medical association can be accepted as observer only in the absence of a national member association or associated member.
Article 5
Any member association, associate member, associated organisation or observer who wishes to resign from the Standing Committee shall do so by informing the Board in writing.
The resignation shall come into force after a period of one year.
Any member association, associate member or observer whose contribution is overdue may be suspended or excluded by a decision of the General Assembly if said member association, associate member or observer has yet to pay his contribution six months after being given formal notice to pay.
The General Assembly may decide to readmit a suspended or excluded member association, associate member or observer after payment of the outstanding contribution.
Any member association, associate member or observer according to article 4, may be excluded if the member compromises the objectives or the survival of the CPME through its actions and after being invited to present its defense.
A resigning or excluded member association has no rights to the assets.
Article 6
The bodies of the Standing Committee are:
- the General Assembly
- the Board
- the Executive Committee
- two auditors
III. GENERAL ASSEMBLY
Article 7
Member associations are represented in the General Assembly in accordance with the Rules of Procedure.
The General Assembly has full powers for the pursuance of the Standing Committee’s object. It is convened by the President at least once a year ----. The General Assembly has to be convened by the President at least once a year by written invitation at least four weeks in advance.
Article 8
The following decisions are reserved for the General Assembly
1. Admission and exclusion of member associations, associate member, associated organisation and observer.
2. Appointment and dismissal of Board Members and of one auditor, one of the auditors who is to be elected from amongst the member associations for a two-year-term.
3. Approval of the alternates who may be appointed by Board members
4. Election of the Executive Committee among the Board members:
1) the President of the Standing Committee, proposed by a member association for a two-year non renewable term of office.
The President represents the Standing Committee and acts on its behalf.
2) four Vice-Presidents.
3) a Treasurer.
The holders of the offices under 2. and 3. are elected for a 2-year term of office renewable once. They will be shared amongst the member associations of different countries.
5. Adoption of the accounts and budgets.
6. Determining the contribution levels.
7. Adoption and amendment of the Rules of Procedure.
8. Adoption and amendment of the statutes
9. Winding up of the association and allocation of its assets after settlement of debts.
Article 9
Each member association possesses one vote. Resolutions are made by a majority of member associations present or represented according to the procedures set down in Article 16 and will be brought to the attention of all member associations, associate members, associated organisations or observers.
When a member association is unable to take part in the deliberations and votes of a meeting, it can give to another member association the power to represent it during that meeting. However, a member association can only receive one proxy.
The resolutions of the General Assembly are recorded in the minutes and distributed to the members.
IV. THE BOARD AND EXECUTIVE COMMITTEE
Article 10- BOARD
1. The Standing Committee is directed by a Board of at least three members, in accordance with the provisions of the Rules of Procedure, of one Board Member per member association, with the President, vice-presidents and treasurer who will also represent their delegations on the Board. The Board members are elected by the General Assembly for two years. They can be re-elected.
The candidates are presented by the Head of Delegation of the member associations to which they belong.
If a member association is suspended or dismissed by the General Assembly in application of article 5, its member of the Board is automatically suspended or dismissed under the same conditions.
In the case of recall, resignation or death of its representative on the Board, the national delegation concerned must present another Board member candidate for the vote by the General Assembly.
The member association who has put forward a Board member may, at any time, request that the General Assembly replace this Board member. This proposal will automatically entail the resignation of the aforementioned Board member.
2. The convening of the Board is ruled in accordance with Article 7 s. 3.
Article 11 - EXECUTIVE COMMITTEE
An Executive Committee is constituted within the Board. It comprises the President, the Vice-Presidents and the Treasurer.
The Executive Committee prepares and carries out Board decisions and assists the President.
In urgent matters the Executive Committee is authorized to take decisions within the competence of the Board. The Board must be informed of these decisions as soon as possible and not later than the next Board meeting.
Article 12- PROXY
A member of the Board can give in his/her absence and in the absence his/her alternate a proxy to another Board member or to a mandated member of his/her delegation (alternate); no Board member shall hold more than one proxy. Members of the Executive Committee can, irrespective of their presence, transfer their voting rights as Board members to a mandated member of their delegation.
Article 13
Resolutions are recorded in a register signed by the President and kept by the secretariat at the disposal of the Standing Committee’s members.
Article 14
1° The Board has all management and administrative powers subject to those powers held by the General Assembly. The Board manages the assets of the Standing Committee and represents it in all judicial and other acts, through the intermediary of its President. The Standing Committee launches legal proceedings on the initiative of its President or any other person appointed for this purpose by the Board. The Board appoints the Secretary General. The Board may delegate the aforementioned powers under its own responsibility to one of its members or even a non-member.
2° The Board has the power of adopting resolutions and positions on behalf of the Standing Committee, except those reserved to the General Assembly.
Article 15
All acts which bind the Standing Committee are signed by the President or, if unavailable, by two members chosen by the Board.
In financial matters, acts have to be signed jointly by the President and the Treasurer. Both the President and the Treasurer are authorised to delegate their power of signing binding acts to appropriate persons up to a financial limit agreed by the Treasurer and the President and specified by them.
V. VOTING PROCEDURES
Article 16
1° Quorum
The General Assembly and the Board are considered as legitimately constituted if three quarters of the member associations having the right to vote are present or represented.
2° Voting majorities
Abstention:
For all voting procedures, abstentions are not counted as votes cast; in the event of abstentions, the total number of votes cast must correspond to the quorum and meet the rules for the majority.
Voting majorities:
Competencies of the General Assembly and of the Board:
- all decisions shall be adopted by a three quarters majority of member associations present or represented having the right to vote except for all elections that require a simple majority
3° Definition of member associations that do not have the right to vote
The member associations as per Article 4 paragraph 1 sentence 3 par. B and c have only advisory status on questions pertaining to EU legislation not applicable to them as parties of a Treaty or of Treaties with the European Union. During calculation of the quorum and the vote, these member associations are not taken into account and the number of voting member associations will accordingly decrease.
Member associations who have not paid their membership fees shall not have the right to vote, unless the General Assembly decides otherwise or the Board in case of urgent matters.
VI. BUDGETS AND ACCOUNTS
Article 17
The financial year begins on 1 January and ends on 31 December.
The Board is required to submit the accounts for the closing financial year and the draft budget for the upcoming financial year to the General Assembly for approval. The Treasurer and the auditors shall make their reports.
VII. AMENDMENTS OF THE STATUTES - WINDING UP
Article 18
Without prejudice to Articles 50 (3), 55 and 56 of the law of 27th June 1921, any proposal to amend the statutes or to wind up the Standing Committee must come from the Board or at least four member associations.
The Board shall inform the member associations of the Standing Committee of the date of the General Assembly which is to rule on said proposal, at least three months in advance.
Amendments to the Articles of the statutes shall only take effect after approval by the competent authority in accordance with Article 50 (3) of the law and after publication in the Annexes to the Moniteur belge (Belgian law Gazette) in accordance with Article 51 (3) of this law.
The General Assembly shall set the procedures for the winding up and liquidation of the Standing Committee.
After liquidation, any net assets must be designated to (a) non profit associations (s) which has/have the objective of promoting health. This/these association (s) would be designated by the General Assembly.
Article 19
All points not covered by the present statutes will be settled in accordance with the provisions of the 27 June 1921 Act.
