Statutes of the European Stevia Association
CHAPTER 1. / DENOMINATION, ADDRESS, DISSOLUTION DATE, OBJECTIVES AND AIMS
Article 1.1. Denomination
With the denomination Asociación Europea de la Estevia (EUROPEAN STEVIA ASSOCIATION, EUSTAS), an ASSOCIATION is constituted under the protection of the constitutional law 1/2002, of 22nd of March, and complementary norms, with full and legal capacity to work, with non-profit ethos.
Article 1.2. Address
The association establishes its head office in C/ Maladeta, nº 20, 22300 BARBASTRO, Huesca, SPAIN, and the territorial environment, in which it is going to carry out its main activities, is the whole territory of the EUROPEAN UNION. After agreement of the General Assembly it can be transferred the head office and can also be established a Delegation, office of representation or link nearby the Institutions of the European Union if this is considered convenient.
Article 1.3. Dissolution date
This association is constituted indefinitely.
Article 1.4. Objectives and aims
This European Association for the promotion, investigation and development of Stevia, does not have profit making in their aims and objectives, which are:
1.4.1.- Promoting the products derived from the plant Stevia (Stevia rebaudiana Bertoni) among consumers, public authorities and public in general.
1.4.2.- Supporting the research, development and innovation (RDI) in universities and other centers of research, private or public, pursuing the best knowledge of the agronomic characteristic of the plant, its industrial processing, and its applications in the field of animal and human food, agriculture, other technical scientific applications, and above all, the effects of its consumption on human health.
1.4.3.- Providing the authorities of the European Union the necessary information that can help to revoke the ban on the consumption of the plant Stevia and its sweet steviol glycosides in the European Union.
1.4.4.- To compile and to maintain all aspects of information on the chain of products of Stevia and making it available through electronic and conventional media.
1.4.5.- Defining quality criteria and methods of analysis for Stevia and the extracts, as well as for formulated products.
1.4.6.- Defining criteria for the control and reevaluation of the formulated products with Stevia when necessary according to new conditions of use and new scientific information.
1.4.7.- Defining the criteria and protocols for the development of toxicological, epidemiological and metabolic studies.
1.4.8.- Defining the criteria and regulations of a European Stevia Quality Label and its derived products. The actions to reach these aims and objectives will be carried out independently of any political and/or religious point of view. In order to carry out the objectives described above, the Association will be able to collect as many aids, subsidies, contributions or funds as necessary.
Article 1.5. Activities
The members of the Association should meet at least once a year in any place inside the European Union determined by the Executive Board, to discuss and to deliberate the annual work program and its monitoring. At that time, the annual budget will be fixed, as well as its annual revision. The Association should work on an annual projects basis, specifically in the following areas:
a) technological and scientific research
b) public promotion
c) institutional promotion
d) documentary and informative databases
e) marketing and market research
The structure of the Association can be utilized for research and activities outside the European Union, if the objectives justify it.
Article 1.6. European Stevia Quality Label
The Association will create an European Stevia Quality Label with the purpose of maintaining an standard of quality of the steviol glycosides for the European market. The products of Stevia sold in the European Union should conform to this Label according to the definite criteria by the European Stevia Association.
CHAPTER 2 / MEMBERS
The Association is constituted of at least three members. Everybody will be able to become a member of the Association, that is individual persons, companies (importing, distribution and producing), public in general and other organizations with non-profit aims, which have an interest in, and declare sincerely to be faithful to the aims and objectives of EUSTAS, and to participate in the activities described in the Articles 1.4 and 1.5 of these statutes.
Article 2.2. Types of members
Inside the Association the following types of members will exist:
a) Founder members, who will be those that participate in the act of constitution of the Association.
b) Registered members, who will be those becoming members after the founding of the Association.
c) Honorary members, given the membership because of their academic or professional prestige in the field of Stevia or because of their contribution, in an outstanding way, to the dignification and development of the Association. The appointment of the honorary members will correspond to the Executive Board or to the General Assembly.
d) Sponsor members, will be those who participate with gifts (economic donations) to develop the objectives, aims and activities of the Association.
e) Volunteer members, who help in realizing the activities and aims of the Association in a voluntary capacity.
f) Institutional members. The European Stevia Association (EUSTAS) in its relationship with other associations, institutes or other organisms (international, national, etc.) with which it shares aims and objetives or have similar interests about Stevia, can nominate these associations as INSTITUTIONAL MEMBERS.
Article 2.3. Acceptance conditions for members. Rights and obligations
2.3.1.- Registered members:
a) The candidates will present their request individually. For the admission of new
members the evaluation of the Executive Board is required. The evaluation and acceptance by the candidates cannot be based on sex, religion, language, race, nationality or political opinion. The criteria of evaluation and acceptance will be based on the suitability of the candidate to the aims and activities of the Association.
b) Once the evaluation has been completed and if the Executive Board approves the
candidacy, it will communicate to all the members in writing via surface or electronic mail. If none of the members present an objection in writing that includes an objective reason within a period of two weeks after the notification, the Executive Board will accept the membership fee of the candidate, once he / she has signed the declared aims and objectives of these statutes, and will also accept the membership. In case of the existence of some written objective objection as it is mentioned previously, the Executive Board will reconsider the request. The final decision lies with the Executive Board.
c) The Executive Board will register each associate in the official list of members with a registration number.
d) Each registered member has the right to have a say in the matters of the Association and represents one vote in the General Assembly.
e) Each member has the right to take part in all activities that the Association organizes in accordance with its aims and objectives.
f) Each member has the right to enjoy all the advantages and benefits that the
Association can obtain.
g) Each member has the right to vote and to be elected for the executive tasks.
h) Each member has the right to receive information on the agreements adopted by the organs of the Association.
i) Each member has the right to make suggestions to the members of the Executive Board in order to the better fulfillment of the aims and objectives of the Association.
j) Each member should comply with the present statutes and the valid agreements of the Assemblies and the Executive Board. Also he / she should act according to the objectives declared in these statutes.
k) Each member has the obligation to pay the annual membership fee.
l) The membership fee will be determined for the Executive Board and will be announced at the beginning of the year. The membership fee is valid only during the year in which it is paid, and the payment will be carried out via bank transfer to the bank account of the Association before January 31st, each year.
m) The registered member should attend the Assemblies and other activities that may be organized. It is expected that the member will participate in the activities of the Association as much as possible.
n) The member should perform the inherent obligations of the tasks that he/she accepts.
2.3.2.- Founder member:
a) There should be at least three founder members.
b) These members have the same rights and obligations as the registered members and no additional right or obligation.
2.3.3.- Honorary members:
a) They have the same rights and obligations as the founder and registered members. However, they will be exempt from the annual obligation to pay a membership fee (section k) of the Article 2.3.1.
2.3.4.- Sponsor members:
a) They make financial donations which are used for reaching the aims and objectives of the Association, as well as for carrying out the activities indicated in the statutes.
c) Have the same obligations as the registered members.
d) Each sponsor member has the same rights than the registered member and in addition, he has the right of extra votes for four consecutive years in the General Assembly depending on the quantity of money he donates to the Association. Thus, the sponsor membership is valid for four years after the donation.
e) The number of votes of each sponsor member will be determined by dividing his gift by the quantity of the annual membership fee and it will never exceed 20 % of the total number of votes.
f) The donations should be carried out by bank transfer to the bank account of the Association before January 31st, each year.
g) Links from the website of the Association to commercial pages will only be possible after the approval, and under the direction, of the Executive Board. Links will be possible for a sponsor member who has carried out a donation which would be a fixed quantity in the annual budget for this aim. Such sponsor cannot have a proposition for more than one link present at the same time.
2.3.5.- Volunteer member:
a) will collaborate in a voluntary way with the Association to reach its aims and objectives.
b) Does not pay annual membership fee. She / he can participate in the discussions of the General Assembly, but has no vote.
c) Has the right to participate in the activities of the Association and to receive information from it.
2.3.6.- Institutional member:
a) will collaborate in a voluntary way with the Association to reach its aims and objectives.
b) Does not pay annual membership fee. It can participate in the discussions of the General Assembly, but has no vote.
c) Has the right to participate in the activities of the Association and to receive information from it.
d) Will share information about its institution, its activities, and data about Stevia it has in its power.
e) Has to have written consent from EUSTAS Executive board before involving EUSTAS in any marketing material, activities, logos and also to be considered representative and / or speak on behalf of the European Stevia Association.
2.3.7.- No member, present or past, rejected or by voluntary resignation, can demand the refunding of annual membership fees, donations or contributions once paid. Nobody can claim the right to assets or economic resource of the Association.
The associates do not have personal responsibility derived of the activities of the Association.
Article 2.4. Resignations and dismissals
The members will resign or be dismissed from the Association for some of the following reasons:
a) Voluntary resignation, letting it be known in writing to the Executive Board. The Executive Board will communicate to the rest of the members the resignation which will be effective after the following General Assembly.
b) If the member stopped paying the periodic membership fee.
c) By behaving in such a way that is not in agreement with the indicated aims and
objectives in these statutes. In this case, the Executive Board will decide the dismissal of the member.
CHAPTER 3 / EXECUTIVE BOARD
The Association will be administered and represented by a Executive Board formed by: a President, a Vice-President, a Secretary / Treasurer and possibly two Board members. The functions performed by the Executive Board will not be remunerated. These officers will be appointed and revoked by the General Assembly and their term of office will have a duration of two years.
The members of the Executive Board may voluntarily resign after writing to the Executive Board. They can be dismissed for non-fulfillment of the obligations that had been entrusted by the members and by expiration of the mandate.
The members of the Executive Board who reach the end of their term of office for which they were chosen, will continue holding their office up to the date of the substitute’s acceptance.
The Executive Board will meet as many times as it is set by the President and also by initiative or petition of 2/3 of its members. It will be constituted legally when half plus one of its members attend and its decisions will be valid when agreed by the majority of votes. In case of a tie, the President’s vote will be decisive. All the members of Executive Board have equivalent votes in the meetings.
Article 3.5 Competence of the Executive Board
The competencies of the Executive Board will be extended to all the acts of the Association. The expressed authorization of the General Assembly for the activity according to these Statutes is not required.
The competencies of the Executive Board are the following:
a) Organizing the activities and carrying out the administrative and financial management of the association, agreeing to carry out the opportune contracts and acts. As well as using all the available resources for the execution of the activities to comply with the aims of the Association.
b) Preparing the program of activities for the following period along with its budget and presenting it in the following General Assembly for its approval. The Executive Board cannot present or propose any activity without its financing plan.
c) Signing and finalizing purchase, sale, change or rent contracts of any property, goods or services, which were decided upon in the approved plan and budget of the General Assembly. The Executive Board has authority to readjust the budget of the proposed activities and to increase the expenses with a maximum of 30%.
d) Executing the decisions of the General Assembly.
e) Formulating and submitting the Balance and the annual Accounts for the approval by the General Assembly.
f) Covering the admission of new members.
g) Designating delegates for some determined activity of the Association.
h) Maintaining the registrations of the decisions taken by the General Assembly and the meetings of the Executive Board.
i) Any other faculty which is not of the exclusive competence of the General Assembly.
j) The President or the Vice-President, alone or together, represent the Association in the presence of third parties or courts.
Article 3.6 Duties of the President
Representing legally the Association in front of all types of public or private agencies; to call, to preside and to close the meetings of the General Assembly and Executive Board, as well as to preside over the discussions; to order payments and to authorize with her / his signature the documents, bills and correspondence; to adopt any urgent measure which is needed or advisable for the good course of the Association or for the development of its activities, without prejudice to subsequently give account to the Executive Board.
Article 3. 7 Duties of the Vice -President
Substituting the President during her / his absence, if it is motivated by illness or any other cause, and has the same duties as the President.
Article 3. 8 Duties of the Secretary / Treasurer
Executing the administrative tasks of the Association, to issue certifications, to be in charge of the legally established account books of the Association and the card index of members, and to keep secure the documentation of the organization, communicating the meetings planned by the Executive Board and other decisions and keeping registration of correspondence, as well as the presentation of the annual accounts and the legal fulfillment of the administrative obligations. To collect and keep secure the funds of the Association and to fulfill any payment orders signed by the President.
Article 3. 9 Duties of the Board members
The obligations of their duties as members of the Executive Board, as well as the duties which are derived from the delegations or work packages that the Executive Board entrusted to them.
Article 3. 10
Any vacancies that may occur during the mandate of any of the members of the Executive Board will be provisionally covered by the other members until the next Extraordinary General Assembly .
CHAPTER 4 / GENERAL ASSEMBLY
The General Assembly is the supreme organ Board of the Association and will be composed of all the members.
The meetings of the Assembly will be ordinary and extraordinary. The ordinary ones will be kept once a year in the period of four months following the closing of the financial year; the extraordinary ones will be organized when the circumstances require it, when the President decides it, when at least 1/3 of the votes of the Executive Board agrees with it, or when a tenth part of the members propose it in writing.
The invitation for the General Assembly will be made in writing expressing the place, day and hour of the meeting as well as the agenda. It should be sent at least thirty days before the meeting.
The decisions will be taken by simple majority of the present or represented members, the blank votes and abstentions not being counted. Only the registered and founders members can delegate the right to vote and this only can be done by written and signed full power. Each member can represent at most one additional vote with a full power.
A qualified majority of the present or represented members is necessary for:
a) Appointment of the Executive Board and administrative duties.
b) Agreement to build a Federation of Associations or to be integrated in one.
c) Disposition or transfer of immobilized goods.
d) Modification of statutes.
e) Dissolution of the organization.
Article 4.5 General Assembly
a) Approving the management of the Executive Board.
b) Examining and approving the annual Accounts.
c) Approving or rejecting the proposals of the Executive Board about the activities of the Association.
d) Setting the ordinary or extraordinary membership fee.
e) Any another business which is not exclusive competence of the Extraordinary Assembly.
Article 4.6 Extraordinary Assembly
a) Dismissal or election of members of the Executive Board.
b) Modification of Statutes.
c) Dissolution of the Association.
d) Dismissals of members, at the suggestion of the Executive Board.
CHAPTER 5 / FINANCE
The Association at the moment of its constitution, does not have Funds.
The financial resources for the development of the aims and activities of the Association will be the following:
a) The membership fees, periodic or extraordinary.
b) The contributions, subsidies, legacies or inheritances that it could legally receive from any member or third people.
c) Any another lawful resource.
All the mentioned resources will be only used according to the aims and objectives of the Association.
The financial and associative exercise will be annual, starting on January 1st, and closing on December 31st.
CHAPTER 6 / DISSOLUTION
The Association will be voluntarily dissolved when the Extraordinary Assembly agrees by a majority of 2/3 of the members.
In the case of dissolution, a settlement commission will be appointed which, after payment of the debts, will assign possible remaining funds to other non-profit organizations or public or private non-profit associations.
For everything that has not been foreseen in the present statutes, the constitutional law 1/2002, of 22nd of March will be applied, which regularizes the Right of Association, and the complementary dispositions.
25th of July of 2006