Adopted 29 January 2010; Amended 18 January 2013 (clause 4.5); Amended 30 May 2014 (clause 6.10); Amended 06 February 2015 (clause 4.6); Amended 25 October 2019 (clauses 3.1.2f, 5.5.6 and 6.7) Amended 2 July 2020 (new clause 1, amended clause 2.1 and renumbering of subsequent clauses)
In accordance with clause 8 of the Constitution, the Executive Committee hereby makes the following Rules for the better regulation of the affairs of the European Customs Sports Association (ECSA), hereinafter known as the Association.
1.1 Target Group of the Association
1.1.1 The main Target Group of the Association is Customs Personnel based in European countries
1.1.2 Secondly the Association includes Associated Personnel such as Tax Personnel in merged Administrations or Sports Associations.
2.1 Eligible Members
2.1.1 Eligibility to affiliate to the Association if agreed by the Annual General Meeting (AGM):
- Customs Sports Associations of all European countries or
- Customs and Tax Sports Associations (if merged, see 1.1.2) of all European Countries or
- Customs Administrations of all European countries or
Similar Associations or Administrations of all European countries
2.2 Rights and duties of Members
2.2.1 Each Member State, including all affiliated Sports Clubs and individuals, shall:
- a) Follow the principles of sportsmanship;
- b) Support the Association towards the achievement of its objectives;
- c) Act in accordance with the Constitution and Rules of the Association and the decisions of the Annual General Meeting;
- d) Meet its financial liabilities;
- e) not make use of the name “ECSA” for any sporting competition, event, activity or club under the jurisdiction of the Member’s Customs administration or sports club nor in any other way, unless approved by the Association;
- f) Not compete in any Customs sports competition using the name “ECSA”, unless the said competition shall be organised or approved by the Association.
Any sanction imposed by the Association shall be complied with by all Member States and registered Customs administrations, including affiliated clubs and individuals.
2.2.2 A Member State not having paid the subscription fee before 01st February may be regarded as unaffiliated until the payment has been made. If a Member State does not fulfil any other liability that it is responsible for, either to the Association or to a Member State organising an ECSA event, the Executive Committee may take such action as it considers necessary. This may include prohibition of participation in Association events.
2.3 Each Member State shall be named in accordance with its own Constitution and its name shall be stated in the ECSA List of Nations. At meetings, at events and in official documents only this name and/or the abbreviation decided by the Association shall be used.
3.1 The working language of the Association shall be English.
4. ANNUAL GENERAL MEETING (AGM)
4.1 Conduct and Agenda
4.1.1 The AGM shall be held each year, where possible between 01 September and 30 November.
4.1.2 The agenda of the AGM shall include the following:
- a) Opening of AGM by the President;
- b) Confirmation of the register of delegates and votes;
- c) Acceptance of the minutes of the previous AGM;
- d) Report by the Executive Committee on its activities since the previous AGM;
- e) Financial Report and Report of Auditors;
- f) The budget for the coming year including the decision on the amount of the annual subscription;
- g) Resolutions;
- h) Election of President (where applicable);
- i) Election of Executive Committee Members (where applicable);
- j) Election of Auditors (where applicable);
- k) Update of list of ECSA events;
- l) Event Rules and Regulations;
- m) Publication of the ECSA Calendar;
- n) Closing of AGM.
4.1.3 The AGM may accept the submission of emergency resolutions. Such resolutions shall only be carried if approved by a two-thirds majority of those present and voting at the AGM.
5. EXECUTIVE COMMITTEE
5.1. The President, the Vice-President, the Secretary and the Treasurer of the outgoing Executive Committee shall, if not re-elected, be members of the following year’s Executive Committee, without the power to vote.
5.2 All Executive Committee Members, except the President, the Vice-President, the Secretary and the Treasurer, shall be from different Member States.
5.3 Election of members of the Executive Committee
5.3.1 A candidate for a position on the Executive Committee shall only be proposed by his or her Member State.
5.3.2 Members of the Executive Committee shall be elected by the AGM for a period of four years in the order listed at clause 5a of the Constitution. Each member state that has paid its subscription shall have one vote.
5.3.3 Election Procedure
If there shall be more than one candidate the procedure shall be as follows:
- a) If there shall be more than one candidate for the office of President, a member of the Executive Committee who is not a candidate for the office shall act as Chairman for that part of the meeting dealing with the election of the President;
- b) The AGM shall elect two tellers from different member states, said member states not having a candidate in the election;
- c) Voting shall be by secret ballot;
- d) Each person voting shall clearly indicate which candidate he or she prefers on the ballot
- e) If there are more than two candidates, the two candidates who received most votes in the first round shall continue to a second and final round;
- f) If the two candidates in the second round shall each have received an equal number of votes, the winner shall be decided on the casting vote of the chairman of the meeting;
- g) The Chairman of the meeting shall declare the results.
5.3.4 Each member elected shall remain in office until the conclusion of the AGM of the year in which his or her term of office expires.
5.4 The Executive Committee shall:
- a) Execute all matters assigned to it by the AGM;
- b) Decide and take action on any matter concerning the Association;
- c) Appoint Sub-Committees;
- d) Determine the dates of events;
- e) Decide upon the place and the date of AGM;
- f) decide on and to circulate General Event Rules, Regulations for events and other regulations (including records, advertising, procedures at AGM and other meetings, reimbursement of expenses, awards);
- g) Control the conduct of events (in co-operation with the Sub-Committees where appropriate);
- h) Decide upon awards;
- i) At its discretion make budgets for events or other purposes;
- j) Supervise the activities of the Association’s Office;
- k) Make decisions on urgent matters between the meetings of the Executive Committee;
- l) Discharge such responsibilities as are assigned to it by the Constitution.
All decisions and actions taken between meetings of the Executive Committee shall be reported in writing to the next meeting of the Executive Committee and shall be recorded in the minutes.
5.5 The Executive Committee may, if deemed necessary, co-opt a person to serve until the conclusion of the following Annual General Meeting. There shall be no limit on the number of times that the Executive Committee may choose to co-opt a person. The co-opted person may attend meetings of the Executive Committee in an advisory capacity without the power to vote.
5.6 Where, in a calendar year, a member of the Executive Committee fails to attend one or more of its meetings and fails to attend the Annual General Meeting, notwithstanding Rule 4.3.2 above, the Annual General Meeting may, on the recommendation of the Executive Committee, terminate the said person’s membership of the Executive Committee by majority vote.
6.1 All funds and other property or assets of the Association shall be applied to the furtherance of the Association’s objectives.
6.2 No funds or other property or assets of the Association shall be paid to, or distributed among, members of the Association.
6.3 The AGM may decide to use the whole or any part of the funds or other property or assets of the Association to secure and/or to compensate any present or expected liability of the Association arising due to negligent acts on behalf of the Association by any member of the Executive Committee.
6.4 Members of the Executive Committee shall not be personally liable for the debts and obligations of the Association.
6.5 Administration and Control
6.5.1 The Treasurer shall be responsible for banking and protecting Association funds. The Treasurer shall take every reasonable measure to ensure that Association funds revert to it in the event of his/her illness/bankruptcy/death or in any other circumstance that would prevent the Association from accessing funds that have been placed in the trust of the Treasurer.
6.5.2 The financial year of the Association shall be 01 September to 31 August.
6.5.3 The Treasurer shall prepare and publish annual accounts.
6.5.4 The auditors nominated by the AGM shall be from two different Member States, but not from the same Member State as the Treasurer.
6.5.5 The auditors shall audit the accounts no later than the day before the AGM takes place.
6.5.6 The EC shall prepare a budget for the coming year and the budget must be agreed by the AGM.
6.6 Expenses of Executive Committee and Sub-Committee Members
6.6.1 No Executive Committee or Sub-Committee Member shall receive any form of remuneration.
6.6.2 The administrative expenses of the Executive Committee and any Sub-Committee shall be borne by the Association.
6.6.3 Travel, subsistence and accommodation expenses of members of the Executive Committee, any Sub-Committee members and of Honorary Life Presidents and Members shall be the responsibility of the Member State or Sports Club to which they belong.
6.7.1 Subscriptions shall be paid by bank transfer before 01st February or in cash at the AGM for the then current year. All costs arising from payment of subscriptions shall be the responsibility of the Member State making the payment.
6.7.2 Where a subscription is paid after 01st February, a surcharge of 50% may be imposed.
6.8 The President, Vice-President, Secretary and Treasurer are together authorised to make decisions in financial matters that require immediate action.
7.1 Only the AGM may grant ECSA status to sports events.
7.2 Only Member States or Sports Clubs of the Executive Committee may submit a proposal for an Association event or an application to run an event. Such proposals shall be submitted to the Executive Committee no later than 1st June each year. Any application received by the President and the Secretary after the above-mentioned deadline shall only be considered in exceptional circumstances.
7.3 All proposals or applications submitted by the stated deadline shall be communicated to Member States no later than 21 days before the date of the AGM, to enable all representatives to give due consideration to the applications. The President and the Secretary shall include copies of all applications in the minutes of AGM.
7.4 Wherever possible, events shall rotate annually between member states.
7.5 The AGM may grant ECSA status to more than one event arranged by a Member State.
7.6 A Member State may receive a financial subvention for multiple events organised in one year.
7.7 The EC shall decide by majority vote the financial subvention to be given to each event, in accordance with the budget of subventions for the year as agreed by the AGM.
7.8 Amendments of competition rules that are mandated by the AGM shall come into effect immediately unless the AGM shall deem otherwise.
7.9 The Association Calendar shall include ECSA Events and fixtures agreed between Member States. Events of common interest may be added for information.
7.10 Costs of non-attendance at events and meetings shall be borne by the Member State responsible for the non-attendance. The Executive Committee may waive this rule but only in exceptional circumstances.
7.11 The Calendar shall be published on the Association website.
8.1 Dissolution or Merger of the Association
8.1.1 The Association may be dissolved or merged by resolution of the AGM provided that the resolution has been properly submitted in accordance with clause 4(d) of the Constitution.
8.1.2 Notwithstanding Rule 5.2, if, after payment of all debts, any assets remain, the same shall be dealt with in such manner as may be directed by the AGM.
8.2 On any matter where the Constitution of the Association or these Rules is silent, the Executive Committee for the time being shall have the power to decide the point.