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Memorandum |
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THE EUROPEAN TRADITIONAL CHINESE MEDICINE ASSOCIATION
CHAPTER I: TITLE and HEADQUARTERS
Art. 1. The European Traditional Chinese Medicine Association, abbreviation ETCMA, is a non-governmental, non-political, non-profit making international union that consists of a group of non-profit professional member associations, organisations or federations of TCM practitioners from Europe.
Art. 2. Non-profit associations, organisations and federations may apply to join the ETCMA when their application conforms to the articles of the ETCMA.
Art. 3. The seat of the ETCMA shall be situated in Brussels.
CHAPTER II: AIMS and OBJECTIVES
Art. 4. The objective of the ETCMA is to promote the integrity of all fields of Traditional Chinese Medicine (TCM), by joining together all non-profit corporate bodies that support this objective through professional, educational, clinical or scientific means.
Art. 5. The ETCMA shall strengthen international academic exchanges and strive to develop the art and science of TCM.
Art. 6. The ETCMA shall disseminate information on and promote the cause of TCM both to the public and to regional, national and international organisations.
Art. 7. To attain these objectives, the ETCMA shall undertake the following:
§ 1 The ETCMA shall set up a code of ethical behaviour between member associations, organisations and federations.
§ 2 The ETCMA shall gather and lobby for the common interests of all member associations, organisations and federations.
§ 3 The ETCMA shall lobby for the establishment of TCM as a proper therapeutic model in the European Union.
§ 4 The ETCMA shall work for the affirmation and development of TCM as an organic, comprehensive and distinct medical system.
§ 5 The ETCMA shall lobby for the inclusion of TCM therapies by qualified TCM practitioners in the National Health Systems of European countries and for coverage of TCM therapies by social and/or private insurance companies.
§ 6 The ETCMA shall work to establish defining criteria for TCM education programmes and minimum criteria for the proficient practice of TCM.
§ 7 The ETCMA shall promote professional exchange in all aspects of TCM training and education to deepen and advance the knowledge and practice of TCM throughout Europe.
§ 8 The ETCMA shall promote the development of accreditation systems for TCM education programmes within Europe.
§ 9 The ETCMA shall promote appropriate scientific research into the safety, validity, usefulness and efficacy of TCM in order to gain wider recognition of TCM throughout Europe.
§ 10 The ETCMA shall assist in the development of academic collaboration with European colleges and/or universities.
Art. 8. ETCMA participation shall not be limited to one non-profit professional association, organisation or federation in each country.
Art. 9. The ETCMA shall promote understanding and cooperation among all TCM groups in Europe.
Art. 10. The ETCMA shall provide to each member association, organisation or federation and to affiliated members all information relating to its activities.
CHAPTER III: MEMBERSHIP
Art. 11. The ETCMA is composed of non-profit European professional member associations, organisations and federations who must provide evidence of their legal status. An association and organisation shall be defined as being an organisational structure operating from one headquarter. A federation shall be defined as a body that consists of associations and / or organisations with at least three independent and self-governing headquarters.
§ 1 To apply for membership of the ETCMA, non-profit professional associations and organisations must have at least fifty individual members and must be involved in one of the fields of TCM (Acupuncture, Herbology, Tuina, Chinese Dietetics or Qi Gong) on a professional level and their application must be supported by at least three member associations of the ETCMA.
§ 2 To apply for membership of the ETCMA, non-profit professional federations must have at least three member associations and must be involved in one of the fields of TCM (Acupuncture, Herbology, Tuina, Chinese Dietetics or Qi Gong) on a professional level and their application must be supported by at least three member associations of the ETCMA.
§ 3 Non-profit professional associations, organisations or federations are normally only eligible for membership if their headquarters are situated in Europe.
Art. 12. Non-profit professional associations and organizations
with less than fifty individual members may apply for
membership of the ETCMA when their application is supported by
four members of the ETCMA. The General Assembly approves the
application.
Art. 13. Non-profit professional associations, organisations, or federations applying for membership shall submit application forms to the Secretariat. On fulfillment of all requirements for membership, a report shall be presented in written form to the General Assembly, which shall grant Full Membership upon a 2/3-majority vote.
Art. 14. Non-profit professional associations, organisations or federations, who are uniting several sub-groups cannot apply for individual membership of the ETCMA for each of the sub-groups. Membership will be granted to the headquarters only. Each sub-group will have to submit a separate application according to the criteria in Art.11-13.
Art. 15. Full members shall enjoy the following rights:
§ 1 to attend the General Assembly and to vote and take part in its proceedings;
§ 2 to elect the members of the Executive Committee according to the regulations laid down in Chapter VIII of the Memorandum and Articles;
§ 3 to elect the President as laid down in Chapter VI of the Memorandum and Articles;
§ 4 to terminate membership of associations, organisations and federations as laid down in Art.17;
§ 5 to have priority and preferential treatment in international congresses, workgroups and seminars on TCM and any other activities organised by the ETCMA;
§ 6 to have priority in obtaining periodicals and other literature published by the ETCMA;
§ 7 to submit Proposals to the Executive Committee or one of the sub-committees. These have to be presented in written form to the Chief Executive Officer, no later than four weeks prior to the General Assembly. A Proposal shall be signed and supported by at least three full members of the General Assembly or by the applicant and one member of the Executive Committee. These Proposals will then be discussed by the Executive Committee or by the relevant sub-committees and a Resolution or Directive will be established and submitted to the applicant as well as to the members of the General Assembly.
Art. 16. Full members shall accept the following obligations:
§ 1 to observe the aims and objectives of the ETCMA;
§ 2 to pay the annual membership fee before March 31st of each year;
§ 3 to send the relevant details of each member organisation of the ETCMA to the Administrative Secretary of the ETCMA. The Secretariat of the ETCMA shall store this data and use it for ETCMA purposes only;
§ 4 to implement the Resolutions, Directives and Decisions of the ETCMA;
§ 5 to perform the tasks assigned by the ETCMA.
Art. 17. Membership of the ETCMA may be terminated by a two third majority of the General Assembly under the following conditions:
§ 1 failure to pay the annual membership fee laid down in Art. 16, § 2;
§ 2 failure to reveal relevant details of each member organisation to the ETCMA as laid down in Art.16, § 3
§ 3 misrepresentation of facts or false declarations;
§ 4 performance of activities contrary to the aims and objectives of the ETCMA as laid down in Art.7, § 1 to § 10 of the Memorandum and Articles.
Art. 18. An application to withdraw membership of the ETCMA must be made in writing with at least six months notice.
Art. 19. Exceptions to standard membership:
§ 1 Associations, organisations or federations that are affiliates, branches or forums of associations, organisations or federations within Europe or who have their headquarters outside Europe, can become Affiliate Members of the ETCMA. They may participate at the General Assembly but they may not vote. They may attend meetings of sub-committees where they may speak and vote.
§ 2 Honorary membership shall only be assigned to a person nominated by the Executive Committee and approved by a 3/4-majority vote of the General Assembly. Honorary members may attend the General Assembly. They may, upon special invitation by the Executive Committee, attend meetings of the Executive Committee and/or the sub-committees. They are entitled to speak, but not to vote or be compelled to pay a fee.
Art. 20. The ETCMA shall inform upon request all non-profit professional associations, organisations or federations of all European countries of its Resolutions, Directives, Proposals and Decisions upon application for membership.
CHAPTER IV: ORGANISATION STRUCTURE
Art. 21. The organs of the ETCMA shall be:
• the General Assembly
• the President
• the Executive Committee (+ the Chairperson of the Committee)
• the Chief Executive Officer
• the Treasurer
• the Sub-Committees
• the Mediating Council
CHAPTER V: GENERAL ASSEMBLY
Art. 22. The General Assembly shall be the supreme governing body of the ETCMA and all its decisions and deliberations must be fulfilled by the Executive Committee, the sub-committees and the other bodies of the ETCMA.
Art. 23. It shall convene once a year during March or such other near date and place as the Executive Committee shall determine. Not more than fifteen months shall elapse between the date of one General Assembly of the ETCMA and that of the next.
Art. 24. All General Assembly meetings of the ETCMA other than the Annual General Assembly shall be called Extraordinary General Assembly meetings.
Art. 25. The Executive Committee may by a majority vote call an Extraordinary General Assembly meeting.
Art. 26. The General Assembly shall determine by a two thirds majority vote the date of the next General Assembly.
Art. 27. Delegates to the General Assembly shall be elected from each member association, organisation or federation. Full Members can speak and vote. Affiliate Members can speak but have no vote. Honorary Members can speak but have no vote.
Art. 28. The number of delegates eligible to attend the General Assembly shall depend on the number of members of each association, organisation or federation, on the following basis:
up to 200 - 1 delegate
201 to 500 - 2 delegates
501 to 1000 - 3 delegates
1001 to 2000 - 4 delegates
over 2001 - 5 delegates
Art. 29. The General Assembly shall execute the following rights:
§ 1 to elect the members of the Executive Committee;
§ 2 to review the progress and financial report of the Executive Committee;
§ 3 to review the progress and financial report of the Treasurer and the Administrative Secretary;
§ 4 to assess the financial position of the ETCMA, to agree on the annual budget and to decide on the amount of the annual membership fee for its members by a majority vote;
§ 5 to examine and approve the admission of candidates as Full Members as laid down in Art.11-13 of the Memorandum and Articles or to terminate membership of associations, organisations or federations as laid down in Art.17;
§ 6 to submit Proposals to the Executive Committee or one of the sub-committees. These have to be presented in written form to the Secretariat no later than 4 weeks prior to the General Assembly. A Proposal shall be supported by at least 2/3 of the Full Members of the General Assembly. These Proposals will then be discussed by the Executive Committee or the relevant sub-committees and a Resolution or Directive will be established and submitted to the General Assembly;
§ 7 to examine and approve the policies and programmes of work of the Executive Committee and the current sub-committees;
§ 8 to decide by a simple majority vote on Suspended Directives of the Executive Committee;
§ 9 to determine matters concerning the next sessions of the General Assembly;
§ 10 to elect the three Members of the Mediating Council;
§ 11 to elect the auditors nominated by the Executive Committee.
Art. 30. A simple majority of the delegates present, including proxies, shall constitute a quorum.
Art. 31. All Full Members attending the General Assembly shall be entitled to vote. All motions shall be decided by vote. Proposals of the General Assembly shall be valid when adopted by a simple majority of the delegates present and voting. Amendments to the Memorandum and Articles shall require a 2/3 majority of the delegates present and voting.
§ 1 No person shall act as a proxy unless he is entitled in his own right to be present and vote at the General Assembly at which he acts as proxy.
§ 2 Notification appointing a proxy must be sent to the Secretariat not less than 24 hours before the time for holding the General Assembly, for the proxy vote to be valid.
Art. 32. All voting shall normally be executed by an Election Officer and his/her two Assistants, who are chosen by a simple majority vote from among the General Assembly. The Election Officer and his/her Assistants shall form the Electoral Committee. The voting procedure is determined by the Electoral Committee as follows:
§ 1 by a show of hands or
§ 2 by a show of a green card for yes, and a red card for no, or
§ 3 by secret ballot.
Art. 33. If the votes are equally divided, the Chairman of the General Assembly shall have the casting vote.
Art. 34. Termination of the ETCMA shall be determined by a three-quarters majority vote of the General Assembly. The General Assembly shall vote for two persons who will coordinate the termination process.
CHAPTER VI: THE PRESIDENCY
Art. 35. The ETCMA shall be presided over by a delegate from an association, organisation or federation of a European country. The term of office for President shall normally be for 3 years and can be longer subject to agreement by the General Assembly. Each full member can nominate a person for the Presidency of the ETCMA. The President shall be elected by a 2/3 majority vote by the General Assembly.
Art. 36. The President shall normally chair the General Assembly.
Art. 37. The President has the right to attend all meetings of the sub-committees.
Art. 38. The functions and duties of the Presidency shall be:
§ 1 to represent and promote the ETCMA by all necessary
means;
§ 2 to call for a meeting of the Mediating Council, when necessary.
Art. 39. The obligations of the Presidency shall be:
§ 1 to only promote the interests, aims and objectives of the
ETCMA during his/her term and to oversee the correct
implementation of procedures;
§ 2 to strongly defend Art.7, § 1 to § 10;
§ 3 to normally chair the Executive Committee.
Art. 40. A Presidency shall terminate during a period of office under the following conditions:
§ 1 in the case of death, disease or inability to further execute the duties outlined in Arts.36-39. In this case, the Executive Committee shall nominate an Executive Committee member to be temporary President until the next General Assembly meeting;
§ 2 when a majority of at least 2/3 of the Executive Committee calls for a meeting of the Mediating Council;
a) in the case of misconduct by the President which inflicts possible damage to the aims and objectives of the ETCMA, as laid down in Art.7, § 1 to § 10;
b) in the case of non-fulfillment of the obligations in Art.39,
§ 1 to § 3;
§ 3 the Mediating Council shall hear all parties and shall have the right to revoke the Presidency as a whole or in part and to nominate the necessary substitute as temporary President until the next General Assembly.
CHAPTER VII: CHIEF EXECUTIVE OFFICER
Art. 41. The internal and administrative affairs of the ETCMA shall be coordinated and executed by the Chief Executive Officer (CEO). The Executive Committee shall appoint the CEO and determine the period of contract. It is the Executive Committee’s right to end any contract with the CEO in accordance with the terms of the contract.
Art. 42. The CEO is accountable to the Executive Committee and shall co-ordinate his/her activities with the Presidency, the Executive Committee and the Chairs of the Commissions. Decisions regarding the staff structure for the management of the ETCMA shall be made in consultation with the Executive Committee.
Art. 43. The Functions and Duties of the CEO shall be:
§1 to co-ordinate the activities of the Executive Committee, the sub-committees and the Secretariat and to assist the Treasurer and the President at their request;
§ 2 to establish national and international contacts to promote the aims of the ETCMA;
§ 3 to assist the meetings of the Executive Committee and sub-committees whenever possible and/or necessary;
§ 4 to help co-ordinate the implementation of the Resolutions, Directives and Decisions of the ETCMA;
§ 5 to be the spokesperson for the ETCMA.
CHAPTER VIII: THE EXECUTIVE COMMITTEE
Art. 44. The Executive Committee shall be the permanent governing body of the ETCMA when the General Assembly is not in session.
Art. 45. The Executive Committee shall consist of five full member representatives, one of whom shall be the President. The remaining four members shall be elected by the General Assembly from nominations made by each full member.
Art. 46. The members of the Executive Committee shall be elected for a three-year term and can serve for longer subject to agreement by the General Assembly.
Art. 47. The members of the Executive Committee shall have the following responsibilities:
§ 1 to appoint the Chief Executive Officer;
§ 2 to appoint the Administrative Secretary together with the CEO;
§ 3 to set up sub-committees to undertake specific work as needed and to appoint their members;
§ 4 to recommend suspension of membership for violation of Art. 7, § 1 to § 10 to the General Assembly;
§ 5 to nominate the auditors.
Art. 48. The Executive Committee shall meet as often as is necessary to fulfill its function.
Art. 49. At the Executive Committee meeting, two thirds of the total number of members shall constitute a quorum. A simple majority vote shall decide on ordinary matters.
Art. 50. The functions of the Executive Committee shall be to
carry out the tasks as required by the General Assembly and in
particular:
§ 1 to submit draft amendments to the Memorandum and Articles and to propose them to the General Assembly;
§ 2 to submit proposals for membership and withdrawal of membership to the ETCMA to the General Assembly;
§ 3 to assess the financial position of ETCMA and to propose an annual budget to the General Assembly;
§ 4 to supervise the work of the sub-committees;
§ 5 to call for a meeting of the Mediating Council in the event of internal conflicts;
§ 6 to define and change the headquarters of the Secretariat;
§ 7 to oversee the creation of the rules and regulations within the ETCMA.
CHAPTER IX: THE TREASURER
Art. 51. The Treasurer shall undertake routine responsibilities in all financial matters. It shall be his duty to receive and collect the fees payable by the members and all other monies receivable on account of the ETCMA, and make all payment on behalf of the ETCMA. He shall keep the cash, draw all cheques and endorse all cheques when necessary. He shall keep in hand such sum as is reasonably necessary to meet the immediate cash requirement of the ETCMA and shall pay the surplus into the Bank to the credit of the account of the ETCMA, from time to time. He shall keep cash records in which he shall enter all receipts and payments and shall present the balance as and when requested by the Executive Committee. Balance the same in time for each meeting of the Executive Committee and then produce the same together with his authorities and vouchers and the Bank passbook. He shall make out and prepare for the auditors an annual Balance Sheet. The Treasurer shall attend the audit, if required and shall produce for the auditors the annual Balance sheet and render all assistance and information in his power to the auditors, and shall produce all books, paper and vouchers to them and at all other times when directed by the Executive Committee or General Assembly.
Art. 52. The Treasurer shall hold office for a minimum term of three years. A new Treasurer shall be approved by a 2/3 majority vote of the General Assembly.
Art. 53. The Executive Committee shall decide on the official location of the Treasurer by a majority vote.
Art. 54. At the request of the CEO an Assistant Treasurer can be appointed.
Art. 55. The Treasurer shall report to the President and the CEO every three months on the financial situation of the ETCMA. A written report shall be conveyed to the Executive Committee every half year. A full report shall be conveyed to the General Assembly every year.
Art. 56. The functions of the Treasurer of the ETCMA shall be:
§ 1 to submit a financial report to the Executive Committee;
§ 2 to prepare the draft budget for approval by the Executive Committee and to execute the approved budget;
§ 3 to mobilise funds for the ETCMA and collect the annual membership fees as well as to report missing membership fees until March 31st of each year;
§ 4 to prepare detailed regulations concerning revenue and expenditure, and to supervise their implementation;
§ 5 to carry out all payments and receive all sums due from members, under the control and approval of the Chief Executive Officer;
§ 6 to appoint the Accountant and coordinate the activities of the Accountant;
§ 7 to collect and control all relevant data of the numbers of the individual members of the ETCMA member associations.
CHAPTER X: THE MEDIATING COUNCIL
Art. 57. The Mediating Council shall consist of 3 members chosen by the General Assembly. The Mediating Council shall hear evidence from all the different parties involved. The CEO, the Executive Committee and all relevant parties are obliged to give insight to all documents requested by the Mediating Council. The decisions of the Mediating Council shall be binding and shall be called: Decisions of the Mediating Council.
CHAPTER XI: FUNDS
Art. 58. The source of funds of the ETCMA shall comprise:
§ 1 membership fees
§ 2 income from undertakings sponsored by the ETCMA;
§ 3 donations
Art. 59.The General Assembly shall decide on the amount of the registration and the membership fees from year to year. Fees shall be paid in Euros.
Art. 60. The annual membership fees shall be paid to the Administrative office before March 31st of each year.
Art. 61. All outstanding funds remaining upon termination of the ETCMA shall be donated to a non-profit professional organisation with similar aims to the ETCMA.
CHAPTER XII: SUPPLEMENTARY PROVISIONS
Art. 62. The ETCMA shall not possess any real estate other than for the performance of its activities.
Art. 63. The working language of the ETCMA shall be English.
Art. 64. The right of interpretation of the Memorandum and Articles shall be vested in the Executive Committee.
Art. 65. The Executive Committee shall decide on matters and rules of procedures, not provided for by the Memorandum and Articles.
Art. 66. The Amended Memorandum and Articles shall come into force upon their adoption on 1st June 2007.
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