STATUTES Chapter 1, Name, duration A confederation of European nations is constituted from among the European national pétanque Associations, regularly affiliated with the FIPJP, and is named CONFEDERATION EUROPEENNE DE PETANQUE, otherwise abbreviated as: CEP. The present statutes are deposited at the accredited public authorities of the country where its registered office is located. They are subject to the laws and the prevailing jurisprudence of that country. The duration of the CEP is unlimited. It bans all discussion or display of political, confessional or racial nature, except when It is meant to avoid any discrimination in these matters. The statutes, rules and decisions accepted at the CEP’s General Assemblies and by its official Commissions having been approved by the Board of Directors. These bind and commit all the European national Associations adherent to the CEP and, accordingly, bind and commit the whole of their clubs and licensed members. In conformity with the FIPJP statutes, the official language of the CEP is French; French and English being the working languages in which all official texts, reports and minutes will be written. Chapter 2, Aims and registered office The CEP sets the following aims: - to promote and develop Pétanque not only in the member nations but also in the countnes where there is no national Association and where it will do its utmost best to bring on its creation; - to encourage and to tighten the bonds of friendship and of co-operation between the member Associations, so that mutual aid and common actions enable a harmonious development of Pétanque. It will strain every nerve to facilitate the practice of this sport by making rules for the European competitions within its scope, whether they are organised by itself or by member Associations. It is solely competent to assign the European label to a competition and it is entitled to elaborate the terms of how the competitions, awarding European titles, should proceed. It draws up the calendars of the European meetings. With these purposes in view, its sports politics: - must be of such a nature that the international public and sports authorities understand that the human and social values are primordial and inherent to the practice of pétanque and to the spirit of fraternity and human solidarity between people and populations, which is linked to the organisation of sports competitions; - must see to it that the championships and the main European events are coherent in time; - must valorise the attachment to Pétanque of the political authorities, of the public opinion and of the media; - must bring out the technical, competitive and self-disciplinary aspects of Pétanque by emphasising that it brings about physical, intellectual, and sensorial benefits as well as a spirit of good teamwork. The CEP finds its inspiration in the International Olympic movement and accepts the rules and regulations drawn up by the International Olympic Committee. It commits itself to help the FIPJP and the CMSB with the application for admission of Pétanque at the Olympic Games. The registered office is located at the residence of the CEP President. Chapter 3, Members The CEP can only consist of national European Associations regularly affiliated with the FIPJP. The General Assembly of the CEP will automatically accept the membership applications of new members after their admittance as FIPJP members. During one year, every new Association will only have a “probationary” statute within the CEP, which will grant the possibility to participate in all the CEP activities. but without right to vote at the General Assembly. Each Member Association recognises the CEP authority as well as the authority of its Board of Directors. The Member Associations will look after the application of the CEP’s statutes and rules on their territory. They commit themselves to participate in the CEP’s growth and to protect its unity. An Association no longer belonging to the CEP, be it by resignation of by its exclusion, looses all its rights to the registered assets and cannot claim a refund of its previous payments. If an Association would be excluded from the FIPJP, for whatever motive, it would automatically be crossed off from membership by the CEP. A possible reinstating will be conditioned by the payment of the fees which could have been due during the preceding membership period, as well as of other debts towards the CEP. Each Member Association keeps its full and total liberty of administration, finance and sports, in accordance with its statutes and its own rules. Chapter 4, Administration and Functioning The CEP bodies are: - the General Assembly of the Member Associations; - the Board of Directors; - the President; - the Delegations and Commissions; - the Auditors. The General Assembly The General Assembly shall be composed of the representatives of the affiliated Associations and of the members of the Board of Directors, and it farms the highest authority of the CEP. It defines the targets and the course of action of the movement, elects the members of the Board of Directors, takes the essential decisions related to the CEP’s administration and ensures that they are being applied by the Board of Directors. The General Assembly. takes place once a year and is called for at the President’s readiness or at the request of 2/3 of the Associations or 1/3 of the Board of Directors. The congress will take place before the beginning of the European Championship and a translation French-English is indispensable. The General Assembly debates are only valid when at least 50 % + 1 of the Member Associations are present. The General A The President convenes at least three months in advance, the convocation should include: the agenda written by the President in function of the statutory duties, the decisions made by the Board of Directors and possible requests made by affiliated Associations. Indeed, the Associations can request that matters depending an the General Assemblies competence be incorporated in the agenda. Their proposals should reach the Board of Directors two months prior to the date of the General Assembly. They should be detailed and can, if necessary, be accompanied by comments. 1f an item is refused far the agenda, the Association concerned could still ask that the General Assembly takes its request into consideration by voting, right after the opening speech of the President Besides, the General Assembly is sovereign to decide that an item should be put on the agenda for emergency reasons or for topical questions. The General Assembly will take this decision by taking a vote at the beginning of the meeting. The following statuary, items should be on the General Assemblies agenda: - the President’s speech; - the Moral and Activity Report by the General Secretary; - the Financial Balance-Sheet presented by the Treasurer and the Report of the Auditors; - the Budget Forecast for the following year; - the Election of the Members of the Board of Directors in the uneven year - a chapter “Miscellaneous Matters” allowing a debate on special items, but no vote can be taken on them. The General Assembly has sole competence to discuss about the items on the agenda and about the modifications to the statutes and rules which can be proposed by member Associations or by the Board of Directors. The CEP President conducts the proceedings of the General Assembly. In case of absence, he will be replaced by one of the members of the Board of Directors, chosen by the latter. At the General Assembly, each affiliated Association can be represented by one or more persons, but only its President or an official delegate with effective authority takes part in the voting assemblies decisions are irrevocable. Absentee ballot casting or voting by proxy are not allowed. Each Association, in order with the CEP, is entitled to one vote. The probationary Associations are not entitled to vote, but they are entitled to be present and have the right of speech. The votes are taken by show of hands or by nominal poll, except for the election of people where a secret ballot is compulsory. 1f, however at least one third of the Associations present ask for a secret ballot then It must be organised. All votes are taken by simple majority of the valid expressed votes. A Special General Assembly can be requested: - a) by half of the members of the Board of Directors; - b) by one-third of the Associations in order with the CEP; - c) for a proposal to dissolve the CEP, formulated by half + one of the Associations in order with the CEP. Upon receipt of such a request, the CEP President must convene the General Assembly within a time-limit of maximum two months. In cases a) and b), the convening should indicate the reasons which motivated this request and the agenda can include other items as well. In case c), the agenda will only consist of the request to dissolve. The Special General Assembly which should decide on this proposal should then comprise two thirds of the Affiliated Associations. In case of a positive vote, It will decide on the settlement of assets and properties of the CEP. The board of directors The Board of Directors consists of 11 people elected by the General Assembly and belonging to different Associations. The candidates must be presented by their national Association, this presentation representing the commitment of the latter to respect the provisions of the present statutes related to the payment of certain expenses. Should an Association present several candidates, only the one having obtained the highest number of votes could be elected, on the condition that he is classified within the first seven elected. They must be of age, of good morals and they must have all civil rights granted by their nationality. They must be a member of the Association they represent. Thye Board of Directors may not comprise members of the Executive Committee of the FIPJP. However, the European members of the Executive Committee of the FIPJP may be invited to participate in the meeting of the CEP, with a right of consultative voice. The duration of the mandate of the members of the Board of Directors is four years. However, to ensure same continuity, half of the Board of Directors will be renewed every two years. The basic election will take place in the year following the Summer Olympic Games. The first renewal will thus concern 4 members and the second 3 members mcl. the President. Should a vacancy occur in the course of a mandate, then the seat will remain free until the next General Assembly. The members of the Board of Directors can be re-elected. The decisions of the Board of Directors are taken by majority of its members. The Board of Directors receives the candidatures for the Presidency and presents them to the General Assembly for election. The election will take place by secret ballot. The President is elected for 4 years. He represents the CEP in all civil acts and in all official and sports events, but he can assign another member of the Board of Directors to represent him. The Board of Directors determines the role and the competences of its other members according to the Interior Rules. The Board of Directors appoints at least a General Secretary and a Treasurer. The limitations of powers of the President and of the Board of Directors are established by the statutes and rules as well as by the decisions made during the General Assembly. Should a legal dispute arise, then the CEP interests will be defended by its President or, by delegation, by a member of the Board of Directors assigned to this end. All actions of daily or normal administration are validly accomplished by the person(s) assigned to this end by the Board of Directors, under the President’s and General Secretary’s responsibility, be it an administrative or sports action. By adhering to the present statutes, each CEP member bans every action or every omission which could be detrimental to the social aim or which could be such as to damage either its respect and its personal honour, or the respect and the personal honour of the members of the Board of Directors, or the good name of the CEP. If disputes arise with regard to the application of this disposition, they will be arbitrated by the Board of Directors, appeal being possible by the General Assembly Delegations and Commissions The Board of Directors can give all special powers to mandatory of its choice, from its midst or not, provided that the rules established by the statutes and regulations are not broken. The Board of Directors can also decide to install commissions to work in certain areas. They can be reserved to its members or they can be open to external members whose candidatures must be ratified by the Board of Directors. The Board of Directors clearly defines their task, and it also determines the terms of execution. These commissions only make proposals, they do not make decisions. They present their projects and suggestions to the Board of Directors, which has sole competence to decide whether or not they are followed-up. Auditors The General Assembly appoints two auditors amongst the Associations which are not re presented in the Board of Directors. They are elected for two years and every year they present a report on the bookkeeping and on the finances of the CEP. At least once a year, they carryout a detailed audit of the books. Chapter 5, Treasury The CEP manages its funds autonomously. The CEP takings come from: - affiliations; - fees; - gifts and legacies; - grants of all origins; - box-office taking of events which it can organise; - selling of products related to its image; - partnership contracts; - any receipts which are legal and which are complying with the rules and authorised by the General Assembly. The CEP must assign the receipts to actions in line with its aims or necessary to its administration, in keeping with the budget forecast which is submitted every year to the General Assembly. Vet the Board of Directors can take certain specific actions found valuable, subject to approval by the next General Assembly. The Associations commit themselves to meet their financial liabilities to the CEP. Every Association which has not paid its due fees will be excluded from all administrative and/or sports activity until complete payment of its debts. This stipulation does not obstruct the General Assembly to pronounce sanctions or fines against the Association concerned, at the request of the Board of Directors. Chapter 6, Licences - Insurance Every licence written Out by an Association will be automatically recognised as valid by all the other CEP member Associations and a fortiori by the whole of the societies which form them. A player can only hold one licence and must be obligatorily insured by his/her Association. The latter must cover his/her civil responsibilities for damage caused to a third party during official matches as well as during friendly or training games. If insurance is lacking, the Association concerned would be responsible for damages caused by its licensed member whilst playing Pétanque. Chapter 7, Discipline - Doping The CEP exercises its authority on the European competitions which lie within its powers. Should a licensed player infringe the CEP rules, then his/her President will be summoned to the Board of Directors which will set itself up as Disciplinary Commission. The CEP’s General Assembly is the highest competent jurisdiction to administer all cases which could be submitted to the CEP by the member Associations. No further appeal is possible, except in the civil sphere. The member Associations recognise the juridical authority. Every contestation within the competence of the Sports Court of Arbitration will be submitted to the said Court. Concerning doping, every licensed member is obliged to respect the rules decreed by the International Olympic Committee. The list of forbidden products, substances and means is available upon simple request to be sent to the CEP Secretariat. It is possible that controls are made during events subjected to the CEP. On the matter of doping, every positive control will be punished after the result of the competent investigating laboratories according to the following scale: - Six months suspension for a first positive control; - Three years suspension for a first recidivism; - Lifetime suspension for a second recidivism. Appeal and countercheck are authorised , at cost of the person entering the appeal. Should the countercheck be negative, then the costs of it will be refunded. Chapter 8, Financial year - Balance-sheet and Finances The financial year starts on January 1 St and ends on December 31st of each year. The finances of the past year and the budget of the current year are submitted for approval to the General Assembly. Chapter 9, Dissolution - Allocation of the Registered Assets Except in the case where it would take place automatically due to the fact that the number of its members would be reduced to less than three, or in the case of a decision ruled by the competent civil court, the dissolution of the CEP can only be decided upon by an extra General Assembly convened and deliberating in keeping with the present statutes. If It is pronounced, in principle the registered assets will be allocated to an organism whose aims are as close as possible to the ones the CEP aims for, or to a humanitarian organisation. Should one find that such an allocation cannot be made or that it is inopportune, then the registered assets can be allocated to those physical or moral persons considered as befitting, or to charity, on condition that all resolving clauses are enforced. In any case, a decision must be made within a period of three months after the publication of the decision to dissolute. To modify the Statutes and to pronounce the dissolution of the CEP, two thirds of the member nations must be present. Moreover, the decisions must be made with a majority of two thirds of the votes. Chapter 10, Internal Rule The Internal Rule is prepared by the Board of Directors and must get the approval of the General Association in order to be applied. Its aim is to specify the statutory dispositions and to complete them. It determines especially: - the role of the Board of Directors and of its members; - the role and the rights of the member Associations; - the role and the competences of the commissions; - the rules of the European competitions; - discipline; - the terms and amounts of fees and affiliations approved by the General Assembly.