Association of Users and Distributors of AgroChemicals in Europe CONSTITUTION

Similar documents
EUROPEAN ASSOCIATION FOR A SUSTAINABLE URBAN DEVELOPMENT «SUDEN» STATUTES

Statutes of the Association ARSER Association for Research on the after-effects of radiation therapy. May 5, 2012

The objectives of the Association are, at the national and the international level:

THE UNION OF INTERNATIONAL MOUNTAIN LEADER ASSOCIATIONS UIMLA. UIMLA Statute.

CONSTITUTION. European Society for Swallowing Disorders. Articles of Association. Chapter I. Name, Goals and Seat. Article 1.

SIGNIS will collaborate regularly with the Secretariat of State in matters concerning its activities in relation to international organizations.

SIGNIS Civil Statutes Revised and Updated 2017 Approved by Assembly of Delegates, Québec, June 22 nd Statutes 2017

CHARTER OF THE GLOBAL JUDICIAL INSTITUTE FOR THE ENVIRONMENT

STATUTES. VDGH Verband der Diagnostica-Industrie e.v. (Association of the German Diagnostics Industry) Version: TABLE OF CONTENTS

Bulletin Officiel (Official State Gazette) no.: 4151 of 20 May Page: 240

HEINEKEN EUROPEAN WORKS COUNCIL AGREEMENT 30/10/97. a) This agreement falls within the framework of section 11 of the Dutch Works Councils Act.

AUDIT & RISK COMMITTEE (the Committee) Terms of Reference. Constitution and Reporting Lines

----- Foundation in Lausanne Article 1 - Designation Article 2 - Seat -----

THE EUROPEAN ASSOCIATION OF VIE FRANCIGENE

FACEBOOK, INC. CORPORATE GOVERNANCE GUIDELINES (AMENDED AS OF MAY 31, 2018)

Terms of Reference for Mind Committees

STATUTES OF THE ALLIANCE FOR LOGISTICS INNOVATION THROUGH COLLABORATION IN EUROPE, (ALICE) AISBL

FACEBOOK, INC. CORPORATE GOVERNANCE GUIDELINES (AMENDED AS OF JUNE 1, 2017)

STATUTE (RULES AND REGULATIONS) OF THE COOPERATION NETWORK OF EUROPEAN ROUTES OF EMPEROR CHARLES V

WORKDAY, INC. CORPORATE GOVERNANCE GUIDELINES (September 6, 2018)

Corporate Governance Principles. As Amended June 7, 2017

THOR INDUSTRIES, INC. GUIDELINES ON CORPORATE GOVERNANCE ISSUES (adopted by the Board on March 16, 2017)

Krebsforschungszentrum Heidelberg Association for the Promotion of Research and Teaching at the German Cancer Research Centre, Heidelberg

ASSOCIATION TECHNIQUE INTERNATIONALE DES BOIS TROPICAUX

The Constitution. U3A Calpe. The University Of The Third Age. Suite 416, Total Postal. Calle Corbeta 10. Calpe

STATUTE OF PKO. This association is formed in accordance with chapter 3, article 42 of the constitution of the kingdom of Cambodia.

Ibstock plc. (the Company) Audit Committee - Terms of Reference

Article 1 - Name Article 2 - Address of the legal seat Article 3 - Purposes, activities and duration

Civil Society Europe Draft Statutes (adopted on 18 December 2015 and established in front of a notary on 19 February 2016)

INTERNATIONAL COUNCIL SUPPORTING FAIR TRIAL AND HUMAN RIGHTS

CYBG PLC. Board Governance & Nomination Committee. Charter

TAFISA Statutes. Article 1: The association bears the name "The Association For International Sport for All" (hereinafter TAFISA).

MAIN CHARTER OF ASSOCIATION FOR ENERGY ECONOMICS SECTION I FOUNDATION RULES

REDAC. Réseau d études sur la drépanocytose en Afrique centrale Central Africa Network of Sickle Cell Disease Study

AIESEC Alumni Switzerland Alumni Association of AIESEC in Switzerland

Allergan plc Board of Directors Corporate Governance Guidelines

CORPORATE GOVERNANCE GUIDELINES

The quorum necessary for the transaction of business shall be two members.

THE CHARTER OF THE HUNGARIAN FACILITY MANAGEMENT SOCIETY

NORTHWEST NATURAL GAS COMPANY CORPORATE GOVERNANCE STANDARDS

CONSTITUTION and BYLAWS NORTHWEST SYNOD OF WISCONSIN SYNODICAL WOMEN S ORGANIZATION WOMEN OF THE ELCA

STATUTES OF THE ASSOCIATION: Organization of United Regions / Global Forum of Regional Governments and Associations ARTICLE 1: CONSTITUTION AND OBJECT

THE CONSTITUTION of. The Society for Pharmacoeconomics and Outcomes Research of Bosnia and Herzegovina. Article 1.

AITA/IATA asbl - Non-Profit Organisation DRAFT CONSTITUTION

DATED 22 DECEMBER 2017 RULES OF PROCEDURE OF THE MANAGEMENT BOARD. - of - AMG ADVANCED METALLURGICAL GROUP N.V. 22 December Rules Man.

EUROPEAN SPINAL CORD INJURY FEDERATION ESCIF (EUROPÄISCHE PARAPLEGIKER VEREINIGUNG EPV)

Allergan plc Board of Directors Corporate Governance Guidelines

Live DMA European Network's STATUTES

Re-Use and Recycling European Union Social Enterprises. RREUSE (non profit-making association) RREUSE vzw STATUTES

STATUTE OF ASSOCIATION

THE STATUTES OF THE ENGLISH SPEAKING ROMAN CATHOLIC COMMUNITY OF BERN

BOARD CHARTER. Kogan.com Limited ACN

European Democratic Party. Statutes

2.2. Attendance: Others may be invited by the Chair to attend all or part of any meeting (but they will not be entitled to vote).

ASR Nederland N.V. application of the Dutch Corporate Governance Code

THE AUSTRALIAN WINE CONSUMERS CO-OPERATIVE SOCIETY LIMITED BOARD CHARTER. Board Charter

EUROPEAN NETWORK TANDEM PLUS STATUTES

UNITED U-LI CORPORATION BERHAD ( H) BOARD CHARTER

AmMetLife Insurance Berhad BOARD CHARTER

United Nations Charter Preamble

TERRAFORM POWER, INC. CORPORATE GOVERNANCE GUIDELINES. (Adopted on July 17, 2014)

The Gym Group plc. (the Company ) Audit and Risk Committee - Terms of Reference. Adopted by the board on 14 October 2015 (conditional on Admission)

PRESIDENT'S OFFICE. No April 1996 NO. 27 OF 1996: NATIONAL EDUCATION POLICY ACT, 1996.

Supervisory Board Rules Philips Lighting N.V.

Matrix Comply or Explain Dutch Corporate Governance Code

Statutes for the Association DESERTEC University Network, DUN, for the geographical Region of The Middle East and North Africa (MENA) and Europe

Remuneration and Nomination Committee Charter. Regis Healthcare Limited (Company) ACN

DineEquity, Inc. Corporate Governance Guidelines

APERGY CORPORATION CORPORATE GOVERNANCE GUIDELINES

MISSION STATEMENT. Board Mission Statement and Charter February DTCC Public (White)

United Nations Charter Preamble (Miriam)

ARTICLES OF ASSOCIATION OF NON-PROFIT ASSOCIATION EURASIAN COALITION ON MALE HEALTH

CONSTITUTION OF THE ECOSYSTEM-BASED ADAPTATION FOR FOOD SECURITY ASSEMBLY

FITBIT, INC. CORPORATE GOVERNANCE GUIDELINES. As adopted on February 17, 2015 and amended on October 26, 2016

Board Charter. 1. Board Composition and Chairman. 2. Roles and Responsibilities of the Board

Corporate Governance Code. Approved by the Board of Directors on 14 December 2012

JB Hi-Fi Limited Audit & Risk Management Committee Charter

IOI CORPORATION BERHAD (Company No W) AUDIT AND RISK MANAGEMENT COMMITTEE TERMS OF REFERENCE

Act on the Government Offices of Iceland 1)

MNC WIRELESS BERHAD ( T)

ANGLOGOLD ASHANTI LIMITED Registration No. 1944/017354/06 ( AGA or the Company ) REMUNERATION AND HUMAN RESOURCES COMMITTEE TERMS OF REFERENCE

AIR CANADA CHARTER OF THE BOARD OF DIRECTORS

DANUBEPARKS Danube River Network of Protected Areas. Statutes of the Association DANUBEPARKS

2. Resolved to establish a global network for the Resource Efficient and Cleaner Production (RECPnet); and

International Statutes of MISEVI

MSA SAFETY INCORPORATED. Corporate Governance Guidelines. May 15, 2018

INTERNAL REGULATIONS OF THE EUROPEAN POLITICAL FOUNDATION Wilfried Martens Centre for European Studies

ANGLOGOLD ASHANTI LIMITED Registration No. 1944/017354/06 ( AGA or the Company ) SOCIAL, ETHICS AND SUSTAINABILITY COMMITTEE TERMS OF REFERENCE

BOARD CHARTER JUNE Energy Action Limited ABN

H.E.S.T. Australia Limited. (as Trustee for the Health Employees Superannuation Trust Australia) Governance Disclosures

Regulations Supervisory Board

TRI-MODE SYSTEM (M) BERHAD (COMPANY NO: X)

ANGLIAN WATER SERVICES LIMITED (the Company ) 2014 CORPORATE GOVERNANCE CODE

Association LATVIAN PERFORMERS AND PRODUCERS ASSOCIATION ARTICLES OF ASSOCIATION

Nomination and Remuneration Committee

LLOYDS BANKING GROUP REMUNERATION COMMITTEE TERMS OF REFERENCE (LLOYDS BANKING GROUP PLC)

REGENERON BOARD OF DIRECTORS CORPORATE GOVERNANCE GUIDELINES

WESDOME GOLD MINES LTD. MANDATE OF THE BOARD OF DIRECTORS

Nomination and Remuneration Committee Charter

SKYWEST, INC. CORPORATE GOVERNANCE GUIDELINES

Transcription:

Association of Users and Distributors of AgroChemicals in Europe CONSTITUTION PREAMBLE The mission of the agriculture of 21 st century is to feed an increasing population by using sustainable farming methods. According to the timehonoured expression, it is a question of achieving this goal so as to equitably meet developmental and environmental needs of present and future generations. The responsibility of stakeholders is to ponder over the consistency of using plant protection products (PPP) with an agriculture that first and foremost is respectful of health and the environment. It would be absurd to claim that this compatibility could not depend on their conditions of use. Agricultural practices constitute however only one of the aspects of sustainable use of PPP, what s more, in the same way as the latter is only one of the aspects of the sustainability of all human activities. The nature and usage of PPP affect ecosystems in numerous ways. The rules which govern them and their implementation determine, also, the relative harmlessness or the toxicity of their presence in our environment. The users and distributors of plant protection products have become aware that there existed dysfunctionalities working to the detriment of their pertinent use as well as of the market. These dysfunctionalities would have at their root considerations of a legal, administrative and commercial nature. On a legal and administrative level, national legislation and regulations are reluctant to adopt the whole range of Community provisions relating to the free movement of goods and products in the area of plant health. On a commercial level, it appears that manufacturers are fencing off national markets from the rest of the European Union, and are implementing a strategy 1/5

of selective distribution which in particular has the consequence of eliminating all free competition and thus harming users who in the main are farmers. Furthermore, since plant health products require strict standards as regards their use and distribution, the players concerned have taken the decision to supervise their correct use and the proper conditions for their marketing, with the result that monitoring of this kind is even more beneficial to human health and the environment. The magnitude of the resources devoted by the industry and the competent Community and national authorities to the field of risk evaluation and management, in comparison to the widely dispersed population of users of PPPs, leaves no doubt as to the origin of potential failures of any strategy aimed at the concept of sustainability. For these reasons, the users and distributors of agrochemicals have taken the free decision to unite within an association created in application of the law of 1 July 1901, with the following principal aims: The setting up of occasional information and documentation services on existing and future standards relating to employment and the distribution of plant health products; The protection and representation of the interests of its honorary and active members within the limits and conditions laid down by the applicable laws; The deployment of suitable resources to monitor the correct implementation of standards and regulations, compliance with the law and respect of freedom of trade. The problem of the sustainable use of PPPs would, perhaps, benefit from being widened and tackled on the basis of a more substantial principle of good. From this point of view, it is not so important to analyse compliance with the standards in each particular case, but rather to evaluate the overall direction and general orientation of all the activities involved in food production and in the use of PPPs. What sorts of agricultural food production do the regulations encourage? What trends, what types of behaviour are they inclined to develop? And, finally, does the structure of the regulations, their current implementation and the weight of the agrochemical industry s communication make our agriculture a sustainable agriculture? ARTICLE I - Name Under the law of 1 July 1901 (France) and the decree of 16 August 1901 (France), an Association is hereby founded with the name of: 2/5

ASSOCIATION OF USERS AND DISTRIBUTORS OF AGROCHEMICALS IN EUROPE and the acronym: A.U.D.A.C.E. ARTICLE II - Aims In particular, the Association has the aim of To constitute a place of reflection relating to the pertinent use of plant protection products, to identify the respective responsibilities of each of the stakeholders and to inform them about it, to contribute to rationalize the uses and the behaviors. To allow for users and distributors to contribute to the elaboration of coherent and clear regulations that are readily accessible and understood by everyone. To alert stakeholders and first of all the competent authorities to any dysfunctions as for the regulations pertaining to market access, to marketing or to use. Within the limits its own capacity for observation and analysis, to watch over the impact of PPPs on health and the environment with the aim to promote sustainable agriculture. In the same perspective of a sustainable and equitable agriculture, it will focus its interest on any area of practice or regulation relevant to agriculture when these seem to it to compromise this objective. representing and protecting the personal and collective interests of its members, whether users, agricultural producers or distributors, in the field of plant health, seeds, fertilizers as well as veterinary medicine and of setting up amongst them specific services as the need arises, including in the field of legal disputes, within the limits and conditions set out in the applicable laws and regulations. The pursuit of this object remaining independent from any discussion or position of a political nature. ARTICLE III - Duration The duration of the Association is set at 99 years, reckoned from the publication of its announcement in the Official Journal. 3/5

ARTICLE IV - Head Office The Head Office is determined at the Cabinet JP Montenot, 7 avenue Niel, 75017 PARIS. It may be transferred by a simple decision of the Administrative Council, other than in the event of acquisition or disposal of premises, which is subject to the approval of an Extraordinary General Meeting. ARTICLE V - Composition The Association is composed of : - Honorary members, individuals who are founders of the association and/or who have rendered outstanding services to it, and are exempt from subscriptions and contributions; - Active members who pay regular subscriptions and contributions as laid down in this constitution and, as appropriate, in the rules of procedure. ARTICLE VI - Admission In order to be a member of the Association, prior approval is required from the Administrative Council, which gives a ruling at each of its meetings on requests for admission, which are presented in writing. ARTICLE VII - Active members Active members are farmers, trade unions, cooperatives, farmers' purchasing groups, and distributors and producers of agrochemical and veterinary products. Active members are individuals or organisations. Organisations are represented at General Meetings, and as the occasion arises, on the Administrative Council, by their legal representative or by another duly empowered individual. After admission by the Administrative Council, active members pay their subscriptions on the day of joining for a year. In the case of a membership being taken up in the course of the year, the subscription is lowered accordingly. The annual general assembly alone is authorized to fix the amount of the contributions. Except in exceptional circumstances, and with the express favourable ruling of 4/5

the Administrative Council, the surrender of subscriptions and/or contributions will not be agreed. Active members will be required to place their knowledge and activities in common for the pursuit of the aims of the Associations ARTICLE VIII - Resignations - Expulsions - Exclusions The status of member is lost: Through resignation; Through automatic dismissal as soon as the member no longer fulfils the conditions required in order to be a member of the association; Through death or incapacity for an individual; Through liquidation dissolution, transfer and/or substantial modification of the articles of association and/or corporate aims for organisations; By exclusion ordered by the Administrative Council for non-payment of subscriptions and/or for serious grounds, in particular such as, but not restricted to, behaviour or actions prejudicial to the interests, the smooth running or the pursuit of the aims of the Association, the person concerned having been previously invited by registered letter with recorded delivery, to come before the Council in order to provide an explanation of the actions ARTICLE IX - Resources The resources of the Association comprise: - Subscriptions and contributions; - Financial income received; - Remuneration for services provided for third parties; - Donations and legacies; - Contributions of ownership or use; - Grants. ARTICLE XX - President The President of the Association is also Chairman of the Administrative Council 5/5

and Chairman of the general committee. He is elected every three years for an equal duration by the Ordinary General Meeting on the replacement of part of the members of the Administrative Council. The President is re-eligible without limitation on the duration of his period in office. The President represents the Association in all matters in public life. He represents the Association in law. He convokes General Meetings and the Administrative Council. For a predetermined action, the President may delegate his powers in writing to another officer. Prior to any purchase or sale of any movable property necessary for the running of the Association, and with a purchasing or resale value in excess of 7500 (seven thousand five hundred euros) the President or the person delegated by him must obtain the express authorisation of the Council. After advice from the officers, the President decides upon actions in legal proceedings. ARTICLE XI - Administrative Council XI.1 - Composition A Council made up as follows administers the Association: The President of the Association; Nine members, elected for three years by the General Meeting from amongst the members of the Association; In the event of vacancies, the Council holds provisional powers for the replacement of elected members. Their permanent replacement is proceeded with at the following General Meeting. The powers of members elected in this way come to an end at the time when the term of office of the replaced members would normally expire. No one may be a member of the Administrative Council if he has not attained his majority. XI.2 - Officers Every three years, the Administrative Council chooses by secret ballot from amongst its members on proposals from the serving President, officers consisting, apart from himself, of the following: 6/5

a Vice President, and, if the need arises, another Vice President; a Secretary, and where appropriate, an Assistant Secretary; a Treasurer, and where appropriate, a Deputy Treasurer. XI.3 - Powers The Administrative Council is invested with the broadest powers for taking all decisions which are not reserved for General Meetings and the President. It oversees the manner in which the officers discharge their responsibilities. Any acquisition or disposal of premises must be approved in advance by a General Meeting. XI.4 - Convocation - Decisions The Administrative Council meets on convocation by the President, or at the request of at least three of its members. Each of the members may arrange to be represented by another member by written mandate. Each of the members may hold only one mandate for each meeting. Decisions are taken by a simple majority of the members who are present or represented. In the event of parity of votes, the vote of the President shall be decisive. Any member of the Council, who, without legitimate reason, has not attended three consecutive meetings, will be deemed to have resigned from the Council. If this is an elected member, he will be replaced under the conditions laid down in article XI.1 of this constitution. ARTICLE XII - General Meetings XII.1 - Composition An Ordinary General Meeting comprises all members of the Association who are up to date with their subscriptions and contributions. Each member of the Association has one single vote. Each member may arrange to be represented by another member of the Association by written mandate. Each member may hold only one mandate for each Meeting. Except in cases where the Administrative Council has decided otherwise, each vote at a Meeting shall take place by show of hands. In the event of parity of votes, the vote of the President shall be decisive. 7/5

XII.2 - Ordinary General Meetings An Ordinary General Meeting shall take place each year within three months after the end of the year. At least fifteen days before the set date, the members of the Association shall be notified of the meeting by the President, assisted by the Secretary, by registered letter with recorded delivery. The agenda is shown on the notifications of the meeting. The President, assisted by the members of the Administrative Council, takes the chair at the Meeting and gives an account of the state of the Association. The treasurer gives an account of the manner in which he has discharged his duties, and submits the balance sheet for the approval of the Meeting. The Meeting then moves to an examination of, and decisions upon, matters submitted for the agenda. Only matters submitted for the agenda may be discussed. Decisions are taken by a simple majority of members who are present or represented. If the occasion arises, the Meeting, on completion of the agenda, moves to the replacement of outgoing members of the Administrative Council, or those who have resigned, are deemed to have resigned, or are excluded. If the occasion arises, the Meeting finally moves to the election of the President. XII.3 - Extraordinary General Meetings If there is a need, or at the request of half the enrolled members plus one, the President shall call an Extraordinary General Meeting, following the procedures laid down for Ordinary General Meetings. The acquisition or disposal of premises, changes to the constitution of the Association, and also its dissolution, fall within the powers of an extraordinary General Meeting, which takes decisions by a two-thirds majority of the members who attend or are represented. ARTICLE XIII - Rules of Procedure On proposals from the officers, rules of procedure may be introduced by the Administrative Council, which then secures approval for these from a General Meeting. 8/5

Any rules of procedure which may be introduced are designed to settle the various points not provided for by the constitution, in particular those relating to the internal administration of the Association. ARTICLE XXIV - Dissolution In the event of the dissolution of the Association, one or more liquidators shall be appointed by an Extraordinary General Meeting and the assets, where appropriate, are disposed of in accordance with article 9 of the law of 1 July 1901 and the decree of 16 August 1901. Le Président Le Secrétaire Général Le Trésorier Daniel ROQUES Stéphane DELAUTRE-DROUILLON Philippe ARNAUD 9/5