Statute

Statute of EUROCREW Association

 Download:

Statute of Eurocrew (Polish and English)

 

Contents

1.
Introduction

2.
Name, registered office, area and business of the Association

3.
Statutory objectives and means of the Association

4.
Members of the Association, their rights and obligations

5.
National Representative of the Association

6.
Authorities of the Association, their rights and obligations

7.
Awards and distinctions

8.
Assets of the Association

9.
Final provisions

 

1. Introduction

1.1
The EUROCREW Association, hereinafter referred to as the Association or Eurocrew, is an association established pursuant to the Act on associations of 7 April 1989 with subsequent amendments.

1.2
The association operates as the non-profit organization.

1.3
The Association is a self-governing organization, with its own authorities, structure, executive and administrative management.

1.4
The Association has the right to adopt and use its logo.

1.5
The term of the Association is indefinite.

2. Name, registered office, area and business of the Association

2.1
The official name of the Association is Stowarzyszenie Eurocrew (Eurocrew Association). The Association may use an abridged name, Eurocrew, or the English equivalent, i.e. Eurocrew Association.

2.2
The Association is an incorporated entity with its registered office in the city of Gdynia, Poland.

2.3
The Association operates to accomplish its statutory objectives in the territory of European states.

2.4
To fulfil the objectives set forth herein, the Association may cooperate without any territorial limitations with incorporated entities, individuals, other associations, organizations, federations and confederations.

3. Statutory objectives and means of the Association

3.1
One of the basic objectives of Eurocrew is to promote maritime jobs as a favourable option of a professional carrier development for citizens of European states and to take any measures to confirm that maritime jobs are a good choice for European citizens and residents.

3.2
Eurocrew has adopted as its programme target the coordination of actions and efforts of private organizations and government institutions, shipowners, managing companies in the maritime economy sector, all training institutions and organizations of seafarers, which are dedicated to maintaining jobs for European seafarers and creating favourable working conditions on sea.

3.3
The Association determines its position between the Employer and the Seafarer and takes any possible measures aimed at representing the interests of seafarers towards the Employers. Moreover, the Association spares no efforts in deepening the awareness of the seafarers with regard to economic issues that govern the fleet managing companies.

3.4
Within its potential, Eurocrew undertakes to represent the interests of its members towards the organizations and institutions of the European Union as well as other governmental and non-governmental bodies and institutions.

3.5
The aim of Eurocrew is to popularise the principles of professional ethics in the sector of human resource management for the maritime economy.

3.6
Eurocrew recognizes as its statutory task and objective the improvement of human resource management techniques in the European maritime economy, raising the professional awareness of its members and creating the suitable relations between them that will stimulate the development of the maritime business.

3.7
In case of disputes among its members, the Association takes any possible arbitration, consulting and mediatory actions.

3.8
Upon request of parties, the Association shall take measures specified in Item 3.7

and concerning parties other than the members of the Association.

3.9
To protect the rights and interests of its members and to fulfil the objectives set forth in Section 3, Items 3.1-3.7, the Association cooperates with any and all institutions, government authorities and organizations, which may include legislative initiatives.

3.10
The following means are used to fulfil the statutory objectives of the Association:

3.10.1
the cooperation with other European organizations;

3.10.2
exchanging experiences and opinions during organised meetings, conferences and consultation;

3.10.3
recommending its Members to other European and non-European business partners;

3.10.4
counteracting unfair competition in business within the operations of the Members;

3.10.5
gaining information on the global human resource market in the maritime sector and providing such information to the Members;

3.10.6
issuing opinions and consulting with regard to any issues related to the business of its Members;

3.10.7
propagating the best maritime traditions among seafarers and making them aware of the international and multicultural nature of their community; and

3.10.8
promoting legislative and economic initiatives aimed at maintaining and creating new jobs for the European seafarers.

 

4. Members of the Association, their rights and obligations

4.1
Ordinary Member

4.1.1
An Ordinary Member may be any individual who is recommended by the National Representative mentioned in Item 5. A form of the membership declaration is determined by the Council of the Association. Foreigners who are not residents in the territory of the Republic of Poland may join the Association.

4.1.2
An Ordinary Member has the right to:

4.1.2.1
elect the authorities of the Association and be selected to such authorities;

4.1.2.2
use and participate in all forms of the Association’s activity;

4.1.2.3
put forward motions concerning the activity of the Association;

4.1.2.4
participate in the General Assembly and, in the case specified in Article 6.2.1, in the election of a Delegate;

4.1.2.5
receive complete information about the work of the Association.

4.1.3
An Ordinary Member is obliged to:

4.1.3.1
pay membership fees;

4.1.3.2
follow the provisions of the Statute and the resolutions of the Association’s authorities;

4.1.3.3
follow the principles of ethics in its actions;

4.1.3.4
participate in fulfilling the statutory objectives of the Association; and

4.1.3.5
participate actively in the work of the Association.

4.1.4
The membership of an Ordinary Member ceases in case of:

4.1.4.1
death of the Member;

4.1.4.2
terminating the Membership by the Member within a period specified by the Member;

4.1.4.3
if the Member is in arrears with payments of membership fees for more than one year;

4.1.4.4
if the recommendation mentioned in Item 4.1.1. is withdrawn, followed by the decision of the Assembly, with an immediate effect;

4.1.4.5
pursuant to a decision of the General Assembly, with an immediate effect;

4.1.4.6
with regard to the instances mentioned in Items 4.1.4.3, 4.1.4.4 and 4.1.4.5, a decision of the Assembly shall be preceded with explanatory proceedings conducted by the appointed committee;

4.1.4.7
a final decision to delete a Member shall be taken at the latest at the next General Assembly since the formal causes of such an action occur. The Assembly shall take a decision within this deadline notwithstanding an opinion it may receive from the committee;

4.1.4.8
 Ordinary Member shall be informed that it has ceased to be a member by mail or e-mail sent by the Secretariat, immediately after the Assembly takes the relevant decision.

4.2
Honorary Member

4.2.1
An Honorary Member is an individual who has rendered considerable services in the area described as the statutory tasks of the Association.

4.2.2
A decision to recognise an individual as an Honorary Member is taken by the Assembly.

4.2.3
An Honorary Member is entitled to participate in the Association meetings.

4.2.4
Honorary Membership ceases upon the death of the Honorary Member or the dissolution of the Association.

4.3
Supporting Member

4.3.1
A Supporting Member may be an incorporated entity or an individual who cooperates with the Association pursuant to an agreement between the Supporting Member and the Council of the Association.

4.3.2
The membership mentioned in Item 4.3 ceases due to the expiration of the agreement, the resignation of the Member within a period specified by the Member or pursuant to a decision of the Council if the Supporting Member does not fulfil its obligations towards the Association specified in the Agreement.

4.3.3
A Supporting Member is entitled to participate in the Assembly at its cost, without the right to vote.

5. National Representative of the Association

5.1
The National Representative of the Association, hereinafter referred to as the Representative, may be a Supporting Member or an Ordinary Member of the Association.

5.2
The Representative is elected by the Assembly according to the following criteria:

5.2.1
The Representative may be, in particular, a national association or federation, registered in the Republic of Poland or another European state, whose members are involved in the business of HR management in the maritime economy.

5.2.2
In case two or more associations/ federations exist in specific country , Assembly decides and selects National Representative from this country.

5.2.3
In case there is no association in the country or existing association is not willing to act as National Representative, Assembly may accept company or individual as National Representative, providing such an individual or a company can represent his country in the scope of objectives defined by this Statute.

5.3
Interests of one country are represented by one Representative.

5.4
The following founders of the Association, who participated in the initial meeting of Eurocrew in Gdynia on 29 September 2010, become automatically the Supporting Members and Representatives after the registration of the Association: CROSMA, APMAR, Tatra Marine, Doehle Romania and the Latvian Association.

5.5
A Representative has the following rights and obligations:

5.5.1
the right to represent the interests of its country in the Association;

5.5.2
the right to use and participate in all forms of the Association’s activity;

5.5.3
the right to file motions concerning the activity of the Association;

5.5.4
the right to propose candidates for ordinary members;

5.5.5
the right to recommend candidates to the authorities of the Association;

5.5.6
the right to participate in the General Assembly via its attorney, without the right to vote;

5.5.7
the right to participate in the work of the Council of the Association as a consultant;

5.5.8
the right to be fully informed of the work of the Association;

5.5.9
the obligation to pay the fee set forth by the Assembly to the Association;

5.5.10
the obligation to follow the Statute and resolutions of the Association’s authorities;

5.5.11
the obligation to follow the rules of ethics in its business; and

5.5.12
the obligation to participate in accomplishing the statutory objectives of the Association.

5.6
The representation of the Association mentioned in Article 5 ceases due to:

5.6.1
filing a resignation with a specified date of termination;

5.6.2
the failure to pay the fee for a period longer than one year since the payment date specified by the Assembly;

5.6.3
the dissolution of the Representative’s organization;

5.6.4
the death of the Representative who is an individual;

5.6.5
deleting from the list of Representatives with a resolution of the Assembly following the proceedings conducted by the committee established by the Assembly; the decision has to be taken at the latest at the next General Assembly since the occurrence of the formal causes of deleting;

5.6.6
the Representative shall be informed of deleting from the list by mail or e-mail sent by the Secretariat of the Association; and

5.6.7
deleting or changing the Representative of a country shall not imply the discontinuation of the membership of the Ordinary Members recommended by the Representative.

6. Authorities of the Association

6.1
The Association has the following Authorities:

6.1.1
the General Assembly;

6.1.2
the Council of the Association;

6.1.3
the Chairperson of the Council;

6.1.4
the Secretariat; and

6.1.5
the Auditing Committee.

6.2
The General Assembly, hereinafter referred to as the Assembly, is the statutory authority of the Association that takes decisions following motions filed by the Council, adopted with the ordinary majority of votes of the Members or Delegates present at the meeting of the Assembly, provided at least half of the Members or Delegates participate in the vote.

6.2.1
If the number of members exceeds 15 persons and the Ordinary Members come from at least two different countries, the Assembly of Members shall be replaced by the Assembly of Delegates.

6.2.2
If the General Assembly is replaced by the Assembly of Delegates, any provisions concerning the General Assembly shall apply to the Assembly of Delegates accordingly.

6.2.3
If the situation specified in Item 6.2.1 occurs, every country shall be represented by one Delegate.

6.2.4
Ordinary Members representing a country shall elect a Delegate among themselves with the ordinary majority. A candidate is nominated by the country’s Representative. At least half of Ordinary Members from the country have to participate in the vote.

6.2.5
The term of a Delegate is four years. A decision to extend or shorten the term is taken with an ordinary majority of votes given by Ordinary Members from the country upon a motion by the National Representative of the Association.

6.2.6
The Assembly takes the following resolutions:

6.2.6.1
to appoint the Council of the Association;

6.2.6.2
to dissolve the Association;

6.2.6.3
to approve or reject the Annual Report of the Council and grant or not the vote of approval;

6.2.6.4
to amend the Statute of the Association; and

6.2.6.5
other, upon the motion of the Council.

6.2.7
The Assembly is convened at least annually by the Chairperson of the Council by e-mail with minimum two-week’s notice.

6.2.8
In the case mentioned in Item 6.2.1, the Ordinary Member is entitled to participate in the Assembly of Delegates without the right to vote upon its motion and at its cost or following an invitation by the Council.

6.2.9
Decisions of the Council may be taken otherwise than in the procedure determined by the Assembly, without the necessity to convene meetings.

6.3
The Council of the Association is an executive authority of the Association.

6.3.1
The Council manages the operations of the Association, acting pursuant to the resolutions of the Assembly and the provisions hereof and represents the Association.

6.3.2
The Council is elected by the Assembly for the four-year term and its term may be shortened or extended with a decision of the Assembly.

6.3.3
The Council is elected among the Members of the Association.

6.3.4
The Council comprises from 3 to 5 members elected by the Assembly in a public vote.

6.3.5
Meetings of the Council are held at least annually and are convened by the Chairperson of the Council at the latest till 30th June every calendar year.

6.3.6
Decisions of the Council are taken with an ordinary majority of votes in the presence of at least half of the Council’s members. In case of a draw, the Chairperson has a casting vote.

6.3.7
The Chairperson of the Council makes representations on behalf of the Association.

6.3.8
The Council adopts the logo of the Association and has the right to change it.

6.3.9
If one of the Members of the Council resigns or if its membership discontinues, the General Assembly elects a new Member of the Council at the latest at its next meeting. The Council continues its statutory functions in spite of the limited composition.

6.3.10
Meetings of the Council are chaired by the Chairperson of the Council or a person it authorizes.

6.3.11
Decisions of the Council may be taken with another procedure determined by the Council, without convening a meeting.

6.4
The Chairperson of the Council

6.4.1
The Chairperson of the Council manages the work of the Council.

6.4.2
The Chairperson is entitled to sole representation of the Association.

6.4.3
The Chairperson of the Council is selected among its members directly by the Council.

6.4.4
The Chairperson of the Council may delegate its authorities to another member of the Council or an employee of the Secretariat approved by the Council.

6.4.5
The Chairperson controls and organizes the work of the Secretariat of the Association.

6.5
The Secretariat is an administrative body of the Association

6.5.1
The composition of the Secretariat is determined by the Council.

6.5.2
The Secretariat keeps the register of Members, Delegates and the Council members.

6.5.3
The task of the Secretariat is to maintain contacts among the Members of the Association, in particular by keeping current lists of addresses and e-mails of Members and its Authorities, to facilitate the operation of the Association.

6.5.4
The Secretariat keeps the archives and correspondence of the Association.

6.6
The Audit Committee is the control authority of the Association.

6.6.1
The Committee comprises three members, who are elected by the Assembly.

6.6.2
The term of office of the Committee lasts 4 years.

6.6.3
If one of the Committee Members resigns or if its membership ceases, the General Assembly selects a new member, at the latest during its next meeting.

6.6.4
Meetings of the Committee are held at least annually.

6.6.5
The task of the Committee is to monitor the compliance with the Statute by the Council and the Secretariat and to supervise the finances of the Association. The Audit Committee presents its opinions to the Assembly.

6.6.6
Decisions of the Committee are taken with an ordinary majority in the presence of at least half of the members.

6.6.7
Decisions of the Committee may be taken with another procedure determined by the Committee, without convening a meeting.

6.6.8
The term of the Audit Committee may be shortened or extended with the decision of the Assembly.

6.7
The work of the members of the Association authorities is performed on a voluntary basis, except for the Secretariat.

7. Awards and distinctions

7.1
The Association may determine awards and distinctions and grant them to individuals and incorporated entities for their services to the Association and to accomplish its statutory objectives.

7.2
The Honorary Membership is the highest distinction granted by the Association.

7.3
The Association may establish public awards to be granted to individuals and/or incorporated entities for their exceptional achievments and contribution in the field of maritime business , notably the areas as defined by the Association’s objectives.

8 Assets of the Association

8.1
Assets of the Association come from fees, donations and other legal sources.

8.2
The value of membership fees for Ordinary Members and the National Representatives of the Association is determined by the Assembly with a resolution.

8.3
The value of financial liabilities towards the Association from Supporting Members who do not act as Representatives is determined in agreements signed with the Council.

8.4
Ordinary Members pay their fees once a year by the end of December in a calendar year.

8.5
Representatives pay quarterly fees till the end of every quarter.

8.6
If the function of a Representative is performed by an Ordinary Member, the Ordinary Member is obliged to pay a fee of the value and within a deadline specified for Ordinary Members.

8.7
Supporting Members who act as Representatives pay the fees of the value and within a deadline specified for Representatives.

8.8
The number and data of the bank account for fee payments are determined by the Council or the Secretariat.

8.9
The Council of the Association or, on its behalf, the Secretariat, are responsible for the finances and accounts of the Association.

8.10
The remuneration of the Secretariat staff is determined by the Council.

8.11
Members of the Association may make occasional payments to special funds established upon motion of the Council to aid the accomplishment of statutory objectives of the Association.

8.12
The Association cannot grant loans or secure the liabilities of its members, authorities or employees with the assets of the Association.

8.13
The Association cannot transfer its assets to its Members, Authorities or employees.

8.14
If the Association is dissolved, the Assembly shall appoint its liquidators, determine the method of liquidating the Association and the use of its assets.

8.15
The Chairperson of the Council represents the Association as regards incurring any liabilities by the Association, and the delegation of the Chairperson’s rights specified in Item 6.4.4 and concerning liabilities shall be in writing.

9. Final provisions

9.1
A calendar year shall be a reporting year of the Association.

9.2
Legal regulations applicable for the registered office of the Association, in particular the Law mentioned in Item 1.1, apply to any issues not governed herein.

9.3
Any amendments hereto shall be with a resolution of the General Assembly or the Assembly of Delegates.