Agreement Establishing European Group of Surveyors (Amended November 2006 Malta)1. Title
The name of the Grouping shall be European Group of Surveyors, referred to as "the Group".2. Official Address
The official address of the Group is at 17-19 rue de la Tourella bt1, B-1040 Brussels or such other office as the Members of the Group may decide to occupy in Brussels.3. Objects
The objects of the Group shall be:
- a. to create, promote and develop systems of mutual recognition of surveyors qualifications between the Members and Associate Members;
- b. to facilitate the free movement of professionally qualified surveyors throughout Europe;
- c. to promote the development of common curricula for the education and training of surveyors across Europe so as to harmonise educational methods as far as practical;
- d. to encourage the development of high standards of professionalism in surveying throughout Europe;
- e. to promote the services of all the Members and Associate Members of the Group;
- f. to develop and encourage dialogue between the surveying professions as represented by Members and Associate Members and the institutions of the European Union;
- g. to be well informed on issues of importance to the surveying professions:
- h. to represent the interests of Members and Associate Members in relation to the policies of the European Union.
- i. to do all such other things as may be necessary to achieve its objects.
4.1 The organisation name, permanent address or registered office and place of registration where appropriate of each Member of the Group is as shown in Schedule 1 of this agreement.
4.2 Professional surveying organisations established in a country of the European Union which accept the terms of this agreement may be admitted to the Group on a 75% qualified majority of those present and voting at a meeting of Members at which the proposal is presented.5. Associate Members and Observers
5.1 The Members of the Group may resolve to admit, as Associate Members, professional surveying organisations established in a country outside the European Union who accept the terms of this agreement. Associate Members may be admitted to the Group on a 75% qualified majority vote of those present and voting at a meeting of Members at which the proposal is presented.
5.2 Associate Members shall have all the rights and obligations enjoyed by Members save that they shall not be entitled to vote at meetings of Members. Representatives of Associate Members may stand for election for the posts of Vice-President or Secretary. An Associate Member will automatically become a full member when their country of registration becomes a member of the European Union.
5.3 The organisation name, permanent address or registered office and place of registration where appropriate of each Associate Member of the Group is as shown in Schedule 2 of this agreement.
5.4 The organisation name, permanent address or registered office and place of registration where appropriate of each Observer of the Group is as shown in Schedule 3 of this agreement.
5.5 The Members may resolve to admit Observers, which support the objects of the Group. Observers may participate in the meetings, may be co-opted onto working parties and may participate in any training schemes. The fee for Observers\' attendance shall be set periodically by the Members. The Members may resolve to exclude Observers from meetings.6. Business of the Group
6.1 General meetings
Meetings of Members shall take place at least twice every year, once in the first half and one in the second half of the calendar year. At least four weeks notice of the date of the meeting and the agenda shall be given to all Members and Associate Members.
Each Member shall designate one representative for each meeting who shall vote on behalf of the Member. In addition, other representatives of each Member, and representatives of Associate Members may attend but shall have no vote. The Secretary-General shall also attend but shall have no vote.
The quorum for a meeting shall comprise one third of the Members (rounded up to the nearest whole number) plus the President.
6.4 Proxy votes
Where a Member is unable to have a representative at the meeting in person he may appoint a proxy who may be either a representative of another Member or the President to vote on his behalf.
The number of votes for each Member shall be based on one vote per thousand individuals (rounded up) who are qualified to the level of three years post-secondary education and training.The maximum number of votes per Member shall be 5. When voting in a Presidential election, a Member\'s votes may be cast for more than one candidate. Except as provided under this agreement, all decisions of the meeting shall be by simple majority vote of those present and voting.
6.6 No quorum
In the event of there being no quorum, the meeting may continue but decisions taken will be regarded as being advisory. Notice of all advisory decisions taken will be circulated by the Secretariat to all Members and Associate Members of the Group by fax where available or otherwise by post within 14 days of the meeting and members may object to any of the decisions taken within 28 days of the meeting. If the total number of votes cast against the decision either at the meeting in person, or by proxy, or by Members notifying the Secretariat by post or fax that they object to the decision within 28 days, is less than that number of votes required in order to reject a proposal at a meeting of Members, then the decision will be regarded as if it had been passed by a quorate meeting. Members must acknowledge receipt of information. The Secretariat must circulate the result within 7 days of end of 28 days.
The Group shall have three principal officers:
President and 2 Vice-Presidents.
These officers shall serve in their post for two years. In the event of a vacancy of the Presidency a Vice-President shall fill the position. An election shall then be held as soon as possible.
A meeting of members may terminate the appointment of a President or Vice-President if he acts in a manner contrary to the interests of the Group.
6.8 Election of the Presidency
Elections for the President and Vice-Presidents shall be held in July 1994, March 1996 and thereafter every two years. In the event of a vacancy for President or Vice-President, elections will take place at the next available meeting of the group. The Nominee must agree with the nomination. Nominations may be made by any Member, which may nominate their own officers or those of other Members. Nominations must be received in writing by the Secretary-General at least 42 days before the meeting at which the election will take place. Candidates may submit with their nomination a short (maximum one page) statement or manifesto on the policies they would wish to promote. These will be circulated to all member organisations at least 28 days before the meeting at which the election is to take place. There shall not be a President and Vice-President from the same member organisation. In the event of the number of votes being cast being equal for three or more candidates, the candidate with the lowest number of votes will drop out of the election, and there shall be another ballot. The newly elected principal officers will take-up their posts on the day following the election.
6.9 Executive Committee
The Executive Committee shall comprise the President, and the Vice-Presidents. Other members may be co-opted onto the Executive Committee. They shall be empowered to take all decisions on behalf of the Group between meetings of the Members and shall be responsible to the Members for their decisions. The Executive Committee shall meet at times and places of its own choosing and shall determine its agenda and actions. The Secretary-General shall attend meetings of the Executive Committee. Members of the Executive Committee shall have the power to represent the Group.7. Secretariat
7.1 The first meeting of the Members in even numbered years (ie 1996. 1998 etc) shall appoint a person as Secretary-General and an organisation to act as Secretariat of the Group for a period and upon such terms as shall be agreed. In the event that the Secretariat is not itself based in Belgium, the Group will, in addition to Belgium, be registered in the Member State where the Secretariat has its principal office.
7.2 The appointment or re-appointment of the Secretariat shall be decided by a 75% qualified majority of those present and voting at the meeting of Members at which the appointment is proposed.
7.3 The duties of the Secretariat shall be:
- a. to carry out the decisions of the meetings of the Members:
- b. to take the minutes of the meetings and circulate them to the Members, Associate Members and Observers;
- c. to maintain full accounts as required by the Group and to submit a detailed financial report every six months for the approval of the Members and Associate Members;
- d. actively to promote the objects of the Group and its Members;
- e. to attend to all the requirements imposed by law on a manager of the Group;
- f. to carry out the decisions of the Group.
- g. to afford such other assistance to Members and Associate Members as is reasonable and compatible with the objects and decisions of the Group:
- h. to promote the Group as a leading European organisation representing
7.4 The Secretary-General and Secretariat may terminate their appointment by serving on the Members and Associate Members at least six months written notice.
7.5 The appointment of the Secretariat may be terminated by the Group if the Secretariat fails to carry out its duties under Article 7.3 or otherwise act in a manner contrary to the terms of their appointment;
7.6 Termination shall be effected by a 75% qualified majority of those present and voting at the meeting of Members at which the termination is proposed.8. Financial arrangements
8.1 Each Member or Associate Member shall pay an Annually subscription of a sum to be agreed by the Group, which may be changed by a meeting of the Members called in accordance with these rules.
8.2 Amounts due to the Group are to be paid bi Annually in equal instalments.
8.3 The Members shall agree a budget half-yearly in advance in respect of the operating expenses of the Group. The fees and expenses of the Secretariat incurred legitimately on behalf of the Group shall be regarded as the expenses of the Group. The Group shall be non-profit making.
8.4 If in any half-yearly accounting period the fees payable to the Group exceed the operating expenses of the Group, the Members may decide to retain the surplus against future expenditure in respect of the Group. Any surplus not retained shall be distributed as a dividend to the Members and Associate Members registrations in proportion to the number issued.
8.5 If in any half-yearly accounting period the fees payable to the Group are less than the operating expenses of the Group, such a loss will be made up by the Members and Associate Members in proportion to the total number of individuals.
8.6 The accounts of the Group shall be expressed in Euros.9. Duties of Members and Associate Members
9.1 Each Member and Associate Member shall use its best endeavours:
- a. to promote the activities and objects of the Group within their own country;
- b. to promote mutual recognition of qualifications to their own membership wherever appropriate;
- c. to encourage the development of higher standards of education and training in surveying through their own national activities and through their own membership of the Group.
- d. where it is within their power to do so to recognise fully individuals from other member states holding an equivalent qualification and accord the same rights and privileges as are available to the individual from their own country with qualifications of the same level.
- e. where it is not possible to recognise fully the qualification of an individual because of national laws on recognition of qualifications, to afford the individual every assistance in obtaining recognition of his or her qualifications, and to report the difficulties to the Secretariat which will take the matter up with the European Commission if appropriate.
- f. to actively work with other Members and Associate Members of the Group to encourage a closer dialogue with national governments and the institutions of the European Union
9.2 Meetings of Members may decide on common promotional or other materials to be used or actions to be followed by Members and Associate Members in carrying out their duties under Article 9.1.10. Termination of membership
10.1 A Member or Associate Member or Observer may resign from the Group by serving on the Secretariat at least three months written notice to that effect.
10.2 A Member or Associate Member may be expelled from the Group if it:
- a. fails to carry out its duties under Article 9; and
- b. fails, and continues to fail for a period of 28 days after a written warning to that effect has been served upon it, properly to account to the Group for the fees agreed in Article 8.1.
10.3 Expulsion shall be effected by a 75% qualified majority of those present and voting at the meeting of Members at which the expulsion is proposed. The Member who is threatened with expulsion shall have the right to address the meeting and to argue his defence in writing also. That Member shall not be entitled to vote on the motion for expulsion, nor shall he count towards the quorum.11. Winding-up
11.1 The Group may be wound-up by a 75% qualified majority of the Members present at a meeting and voting in favour of winding-up. Thirteen weeks notice of such a resolution shall be given to all Members.
11.2 In the event of there being any surplus after the payment of all creditors and liabilities of the Group such surplus shall be divided amongst the organisations who were Members and Associate Members of the Group at the date of the winding-up resolution in proportion to the fee contributions agreed in Article 8.5.12. Arbitration
In the event of a dispute between Members or Associate Members arising out of the operation of this agreement the disputing parties may agree to binding arbitration. The arbitration panel shall consist of the President of the Group (who shall act as chairman of the arbitration panel) and between one and three other Members, not parties to the dispute, chosen by the meeting of Members. The panel shall meet within 28 days of its appointment and its decision shall be final.13. Changes in the Agreement
Changes in this Agreement may be made at a meeting of Members and Associate Members convened for that purpose. For this matter Associate Members shall also have one vote each. Changes to this Agreement may be made by a 75% qualified majority of those voting (including proxy votes.)14. Governing Law
This agreement is made under English Law.
Done at Malta 20th May 2006