TABLE
OF CONTENTS
1.
ARTICLE ONE: NAME, SEAT AND ADDRESS, LANGUAGE, CURRENCY, NON-PROFIT,
JURISDICTION, LIMITATION ON LIABILITIES…………………………….………………4
Section
1.1: Name…………………………………………………………………………...…4
Section
1.2: Seat and official address………………………………………………………..4
Section
1.3: Official language……………………………………………………………...….4
Section
1.4: Official currency…………………………………………………………………..4
Section
1.5: Non-profit…………………………………………………………………………4
Section
1.6: Jurisdiction………………………………………………………………………..4
Section
1.7: Limitations on liabilities………………………………………………………….4
2.
ARTICLE TWO: INDEMNITY………………………………………………………………4
3.
ARTICLE THREE: AIMS AND OBJECTIVES…………………………………………….5
4.
ARTICLE FOUR: SPORTS POLICY, ANTI-DOPING, VALUES, RECOGNITION, AND
INCLUSION……………………………………………………………………………………..5
Section
4.1: Sports policy………………………………………………………………………5
Section
4.2 Anti-doping………………………………………………………………………...5
Section
4.3: Values……………………………………………………………………………..5
Section
4.4: Recognition and inclusion……………………………………………………….5
5.
ARTICLE FIVE: PROMOTION AND AUTONOMY……………………………………….6
Section
5.1: Promotion…………………………………………………………………………6
Section
5.2: Autonomy…………………………………………………………………………6
6.
ARTICLE SIX: ORDINARY MEMBERSHIP, SPECIALISED GROUP MEMBERSHIP,
HONORARY LIFE MEMBERSHIP……………………………………………………………………………7
Section
6.1: Ordinary membership……………………………………………………………7
Section
6.2: Specialised group membership.….…………………………………………….7
Section
6.3: Honorary life membership……………………………………………………….7
7.
ARTICLE SEVEN: MEMBERS’ LIABILITY………………………………………………..8
8.
ARTICLE EIGHT: DISCIPLINING OF MEMBERS, EXPULSION………………………8
Section
8.1: Disciplining of a member………………………………………………………..8
Section
8.2: Expulsion………………………………………………………………………….8
9.
ARTICLE NINE: MANAGEMENT BY THE EXECUTIVE COMMITTEE AND THE ADVISORY
ROLE OF THE MEMBERS’ COUNCIL…………………………………………..………...9
Section
9.1: The Executive Committee……………………………………………………….9
Section
9.2: The Members’ Council…………………………………………………………10
10.
ARTICLE TEN: EXECUTIVE COMMITTEE’S RESPONSIBILITIES AND
POWERS………………………………………………………………………………………10
11.
ARTICLE ELEVEN: GENERAL ASSEMBLY MEETINGS……………………………11
12.
ARTICLE TWELVE: VOTING AND VOTING RIGHTS AT GENERAL ASSEMBLY
MEETINGS…………………………………………………………………………………….12
13.
ARTICLE THIRTEEN: SPECIAL RESOLUTIONS…………………………………….13
14.
ARTICLE FOURTEEN: MISCELLANEOUS……………………………………………13
15.
ARTICLE FIFTEEN: CONSTITUTION, DECISIONS, COMING INTO FORCE……14
Section
15.1: EBA constitution……………………………………………………………….14
Section
15.2: Decisions beyond the constitution…………………………………………..14
Section
15.3: Coming into force……………………...………………………………………14
APPENDIX
1: APPOINTMENT OF PROXY FORM……………………………………….15
ABBREVIATIONS
AGM Annual
General Meeting
BI Blackball
International
EBA
European Blackball Association
EC
Executive Committee
EGM Extraordinary
General Meeting
GA
General Assembly
IOC
International Olympic Committee
MC Members’
Council
NOC
National Olympic Committee
WADA
World Anti-Doping Agency
WCBS
World Confederation of
Billiards Sports
WPA
World Pool-Billiard Association
1.
ARTICLE ONE: NAME, SEAT AND ADDRESS, LANGUAGE, CURRENCY, NON- PROFIT,
JURISDICTION, AND LIMITATION ON LIABILITIES
Section
1.1: Name
The
name of this controlling sports organisation shall be the “European
Blackball Association”
(referred to in this constitution as the “EBA”).
Section
1.2: Seat and official address
The
administrative headquarters of the EBA
will be situated at a location decided by the EC
and be of a practical and logistically
correct nature for the execution of the administration of the
association.
Section
1.3: Official language
The
official and administrative language of the EBA
shall be English.
Section
1.4: Official currency
The
official currency of the EBA will
be the euro.
Section
1.5: Non-profit
The
EBA is a
non-profit organisation that is not limited in time.
Section
1.6: Jurisdiction
The
area of jurisdiction in which the sport of pool will be administered,
services rendered and funds raised, will be the continent of Europe
and its national pool bodies.
Section
1.7: Limitations on liabilities
Nothing
herein shall constitute national members of the EBA
being partners for any purpose. No member, officer, agent or employee
of the EBA shall be liable for the acts or failure to act on the part
of any other member, officer, agent or employee of the EBA.
Nor shall any member, officer, agent or employee be liable for his or
her acts on failure to act under this constitution, except for the
case of acts or omissions to act arising out of his or her wilful
misfeasance.
2. ARTICLE TWO:
INDEMNITY
Every
office bearer, official and employee of the EBA
shall be indemnified by the EBA
against all costs, losses and expenses which he or she might incur or
become liable for by virtue of any reason or any act or omission in
the legitimate discharge of his or her duties, unless the loss in
question is caused by his or her own gross negligence, dishonesty or
bad faith.
Office
bearers, officials and employees of the
EBA shall be
indemnified by the EBA
against pecuniary loss sustained by reason of legal proceedings,
arising out of whatsoever cause, instituted against the EBA
or against such office bearer, official or employee in his or her
representative capacity, provided that the indemnity conveyed herein
shall not extend to private personal acts of such office bearers,
officials or employees beyond the cause and scope of their duties or
employment and acts outside the official appointment and of the
office of the EBA.
3.
ARTICLE THREE: AIMS AND OBJECTIVES
While
retaining and respecting the complete autonomy and independence of
each national member in the administration and running of their
disciplines, the aims and objectives of EBA
shall be:
To
encourage, promote, develop, advance, administer, control and unite
the game of Blackball within Europe.
To
recognise Blackball International (BI) as the only controlling body
for the game of Blackball worldwide.
4. ARTICLE FOUR:
SPORTS POLICY, ANTI-DOPING, VALUES, RECOGNITION AND INCLUSION
Section
4.1: Sports policy
To
adopt a sports policy in conformity with IOC rules as defined in the
Olympic Charter for continental structures as well as BI sport
policies.
Section
4.2: Anti-doping
Compliance
with the World Anti-Doping Agency (WADA). The
EBA
recognises, accepts and follows the
WCBS/WADA Anti-Doping Rules
Section
4.3: Values
To
promote and develop the game of Blackball within a framework of
respect for human rights, democratic principles and social values of
universal fraternity and solidarity, through continental and
international administrations and competitions, irrespective of
nationality, race, religion, sex, sexuality, and political beliefs.
Section
4.4: Recognition and inclusion
To
become directly affiliated to BI, and to exercise, enforce and
control the implementation of the Blackball rules and regulations
both for the practice of the sport and for the sport’s
administration. Policies will be developed to guarantee the
protection of children and vulnerable people who participate in EBA
events.
5.
ARTICLE FIVE: PROMOTION AND AUTONOMY
Section
5.1: Promotion
To
promote the game of Blackball.
To
identify, register and control all players eligible to participate in
official international championships and tournaments.
To
obtain from BI the right to conduct European tournaments in Europe
and to undertake any and all matters relating to the conducting of
these tournaments.
To
stage annual championships for all players and in all categories that
can be held in any of the affiliated countries with the designation
of European Championships, Nations’ Cups or under any other format
that the association may decide to be appropriate.
To
make representations to BI on behalf of the members of the EBA.
To
carry out and apply all regulations and instructions issued by BI.
To
make rules and by-laws concerning the conduct, control and
administration of the game of Blackball within Europe.
To
acknowledge, confirm and register results achieved at official
championships and tournaments, and to generate and maintain a
continental ranking list from such tournaments.
To
encourage and organise the development of the game.
To
develop and encourage coaching and training programs for officials,
players and coaches.
To
grant affiliation to the recognised controlling association from
every country in Europe, and to represent these national associations
at BI.
Section
5.2: Autonomy
The
EBA is the only recognised representative
to BI for the game of Blackball in Europe.
The
EBA maintains
its independence and autonomy in the administration and management of
the game of Blackball on the European continent.
The
EBA is
organised democratically and refrains from involvement in the
internal affairs of EBA
members and other organizations within the
EBA
membership.
6.
ARTICLE SIX: ORDINARY MEMBERSHIP, SPECIALISED GROUPS, HONORARY LIFE
MEMBERSHIP
Section
6.1: Ordinary membership
Every
country on the continent of Europe playing and promoting the game of
Blackball will be eligible for membership.
There
shall only be one member from each country. Membership shall be
granted to a national body, recognised by the official sports
authority or the NOC that controls and administers sports in that
country. Should the recognised body not wish to become a member and
abide by the WPA/BI/EBA regulations, the GA may accept membership of
an alternative national body. Where an alternative body has been
admitted and the recognised body then applies for membership, there
will be a period of transition, set by the EBA, to ensure the
continuing rights of the existing member’s players.
Membership
shall be granted subject to the applying country’s constitution
being approved by the EC and a letter of intention to affiliate to
the EBA being
received. All personal details such as name
and contact addresses and telephone numbers of the officers and
directors of the applying association must also be submitted along
with any other information the EBA
executive deems pertinent to assist them in taking their decision.
Membership
of the association will only be effective once the agreed annual
subscription has been paid. The subscription year shall correspond to
the calendar year ending 31st
December.
Membership
given by the EC will allow the affiliated country to host and
participate in EBA-sanctioned
events and to organize competitions and produce players eligible for
continental and other international play.
All
players, except those who are under 18, must join their respective
national association and pay the applicable membership fee to that
body. Players who wish to join where there is no national association
shall join their nearest member association.
Players
are free to play for any country until their 18th
birthday; thereafter the country they play for, provided they are
eligible under IOC rules, will be the country they must stay with
unless special dispensation is granted by the EBA.
Section
6.2: Specialised group membership
The
EC may consider applications from any group or organisation whose
membership is considered beneficial to the sport of Blackball in the
case that no national structures are in place that could accommodate
such an application. A group under this description and affiliation
will have no voting rights.
Section
6.3: Honorary life membership
Honorary
life membership shall be open to any individual at the proposal of
the EC in recognition of his or her services to the game.
Honorary
life members will be invited to attend all GA meetings and will have
the right to voice opinions but not to vote.
7. ARTICLE SEVEN:
MEMBERS’ LIABILITY
The
members of the association shall have no liability to contribute
towards the payment of debts and liabilities of the association or
the costs, charges and expenses of the winding up of the association
except to the amount of any unpaid membership fees.
All
EBA members must
recognise all voting members as the sole authority over the game of
Blackball in their territory.
All
members must recognise the EBA
as the only controlling body for the game of Blackball on the
continent and must prohibit their players taking part in any
national, continental or international competition that has been
identified by the EBA as being detrimental to the interests of the
association in performing this task or to the unity of the game of
Blackball. In no case will players compete in representation of their
countries in events that have not been sanctioned by the EBA.
The
responsibility to keep all payments due to the
EBA up to
date lies with the members.
All
members must inform the EBA
within the period of one month of any significant changes in the
executive, board or organisational structures of their national
federations.
The
annual deadline for membership fees payable to the EBA
is the last day of December of each year. Members not paid up at this
date will be considered not to be in good standing with the EBA.
Members
in arrears with past and or current payments will not be allowed to
vote at any meeting or meetings convened by the EBA and will not be
eligible to send players to EBA-sanctioned events.
8. ARTICLE EIGHT:
DISCIPLINING OF MEMBERS, EXPULSION
Section
8.1: Disciplining of a member
The
EC shall determine the procedure for disciplining members. Any member
or candidate to membership that wishes to appeal against a decision
refusing membership, expelling them from membership or any other
matter in disciplining them, may make representation in writing to
the EC, which will be tabled at the next GA meeting of the EBA.
When
a disciplinary measure is taken by the EC against a member, it will
come into immediate effect.
Section
8.2: Expulsion.
A
member may be expelled from membership of the
EBA. A notice
regarding this intention will be given to the national member
allowing a period of two months to rectify the situation at hand.
Failure by the member to satisfy the EBA that the situation has been
rectified satisfactorily will result in the member being notified
further of the ratification of the decision to expel the member. Only
members not being considered for expulsion are eligible to vote. The
motives for expulsion may include the following:
i) Refusal
to pay any liabilities due to the EBA.
ii) Non-payment
and continued refusal of payment of any membership fees due to the
EBA for a period
of two or more years. In such case expulsion is automatic.
Refusal
to comply with the provisions of the constitution and its associated
regulations.
Bringing
the EBA into
disrepute.
Any
decision made to terminate membership of a member of the EBA
will be effective immediately but
subject to the guidelines for appeal as laid out by the Court of
Arbitration for Sport.
9.
ARTICLE NINE: MANAGEMENT BY THE EXECUTIVE COMMITTEE AND THE ADVISORY
ROLE OF THE MEMBERS’ COUNCIL
Section
9.1: The Executive Committee
The
day-to-day business of the EBA shall be conducted by the Executive
Committee (EC).
The
EC shall consist of four executive officers – a chairperson,
vice-chairperson, secretary, and a treasurer – and any other
non-officer members that may be considered necessary.
The
executive officers shall be elected at the AGM after being nominated
by their respective national bodies and serve for the following terms
of office:
Chairperson
Next elected in 2022 and every three years thereafter
Vice
- Chairperson Next elected in 2023 and every three years
thereafter
Secretary
Next elected in 2022 and every three years thereafter
Treasurer
Next elected in 2023 and every three years thereafter
When
an executive officer resigns and another takes his or her place, the
new officer will remain in office for the remainder of the initial
term, not for a full three years.
Any
other non-executive officers that are elected discretionally, such as
a competitions secretary or a development officer, will serve for a
period of 1 year.
Should
any member of the EC be unable to continue fulfilling his or her
duties during his or her term, the EC may decide to appoint a
stand-in member until the next GA.
No
more than two elected members of the executive shall belong to the
same national member. Non-executive EC members should be from
countries that do not hold other positions on the committee.
Retiring
EC members are eligible for re-election.
EC
meetings, which can be held face-to-face, by telephone, or taking
advantage of any appropriate new technology, shall be held as often
as necessary to conduct the business of the association.
A
member of the EC shall cease to hold office upon resignation in
writing, at the request of their national association, or on being
absent from three successive EC meetings without the approval of the
EC.
The
EC will be properly constituted as long as at least three executive
officers are present. If this quorum is not achieved within an hour
of the time set, the meeting will be dissolved. The chairperson may
set a date and a time for a new meeting
Section
9.2: The Members’ Council
The
Members’ Council (MC) is envisioned as a fast and efficient channel
of communication between the EC and the member countries which will
have the following purposes:
To
provide the EC with a direct means of informing the member countries
about the work that it is doing and to request cooperation in
fulfilling its policy goals
To
provide a forum for discussion of new ideas for the advancement of
the work of the association
For
the member nations to be able to advise and make recommendations to
the EC
The
MC will consist of one member from each affiliated national structure
together with the members of the EC. MC positions can only be held by
persons proposed by their national structures. The person attending
may vary from meeting to meeting provided their attendance is
confirmed by their national body. Although guiding votes may be held
at these meetings (1 vote/member nation with no voting rights for the
members of the EC except for a casting vote for the Chairperson in
the case of deadlock), the committee is intended as having an
advisory role rather than being a formal decision-making body.
As
with the EC, meetings of the MC can be held face-to-face, by
telephone, or taking advantage of any appropriate new technology.
Meetings will be convened by the Chairperson at his or her decision
by members of the EC or individual national members, and obligatorily
on the request of four or more national members.
10.
ARTICLE TEN: EXECUTIVE COMMITTEE’S RESPONSIBILITIES AND POWERS
The
Chairperson or, in his or her absence, the Vice-Chairperson, shall
chair all EC meetings.
The
Secretary shall ensure that records of the business of the
association, including rules, a register of members, minutes of all
GAs, EC and Members’ Council and Committee meetings and a file of
correspondence are kept. These records shall be available for
inspection by any member and shall be held in the Secretary’s
custody.
The
Treasurer shall ensure that all money received by the association is
paid into an account in the association’s name. Payments shall be
made through a petty cash system or by cheque signed by two
signatories authorized by the EC. The EC or a GA meeting must
authorize major or unusual expenditure in advance.
The
Treasurer shall ensure that correct books and accounts are kept
showing the financial affairs of the association. These records shall
be available for inspection by any member and shall be held in the
custody of the Treasurer.
When
necessary, the EC shall interpret the meaning of clauses in the
constitution. Any such interpretation made by the EC shall be final
and binding upon all members of the EBA
and promoters unless subsequently overruled by decision of the
General Assembly.
The
EC may add or supplement any by-laws conditionally upon such addition
or supplementation not being in conflict with any clause in this
constitution or with any prior resolution passed by a GA meeting.
Such by-laws shall forthwith become binding on the EBA and all its
members and shall be presented for ratification at the next AGM.
11.
ARTICLE ELEVEN: GENERAL ASSEMBLY MEETINGS
The
GA is the highest institution of the EBA.
The
Chairperson or, in his or her absence, the Vice-Chairperson or
another executive officer, shall act as the chairperson of all GAs.
The chairperson has no vote on matters except where there is a tied
vote, in which case he or she shall have a casting vote.
The
AGM takes place every year at a date fixed by the EC.
The
EC may convene an EGM of the association whenever it sees fit but
must convene a meeting within three months of receiving a written
request from at least four affiliated national members. Requests by
member nations for an EGM should be lodged with the Secretary of the
EBA stating the business to be discussed; no other business shall be
discussed at such a meeting.
At
least 30 days notice of AGMs and EGMs and notices of motions shall be
given to members and affiliated bodies. In the case of general
meetings where a special resolution is to be proposed (see Article
Thirteen), notice of the resolution shall be given to members at
least 21 days before the meeting. Written notice of all AGMs and EGMs
shall be given personally, by post or by email.
In
the case of the AGM, the following business shall be transacted:
a.
Roll call
b.
Approval of the minutes of the previous meeting
c.
Checking and approval of the annual reports from the
Chairperson
Secretary
Treasurer
Auditors
d.
Election of EC officers (if required)
e.
Reports from the members
f.
Acceptance, expulsion and suspension of national federations or
associations
g.
Approval of the budget
h.
Fixing membership fees as well as other fees and tournament fees,
etc.
i.
Approval of any changes to the constitution and by-laws
j.
Discussion and vote on proposals from the EC
k.
Discussion and vote on proposals from members
l.
Discussion and decision on action from correspondence received
Nominations
may be made at the AGM, or in such other ways as may be determined by
the association at an AGM, of candidates for election as executive
officers or non-executive officers.
The
quorum for all GAs shall be one half of the voting delegates present
in person. If a quorum is not achieved within half an hour of the
time appointed for a GA, the meeting shall be dissolved.
Voting
at GAs (see Article Twelve) shall be by a show of hands unless a
secret ballot is demanded. Decisions are taken by simple majority
except on special resolutions, for which three-quarters majorities
are required.
All
votes shall be given personally or by proxy. All proxy votes must be
lodged with the Secretary in writing not later than twenty-four hours
prior to the commencement of the meeting. The notice of proxy shall
be given in the form as set out in Appendix 1 of this constitution.
12. ARTICLE
TWELVE: VOTING AND VOTING RIGHTS AT GENERAL ASSEMBLY MEETINGS
Each
voting member shall
be represented at meetings by one or two delegates (one vote). All
delegates should be announced in writing to the
EBA secretary
before the meeting by completing the prescribed EBA
registration form.
All
votes shall be given personally or by proxy, but no members shall
hold more than one proxy (see. Appendix 1).
There
shall be seven players’ sections each of which is entitled to one
vote at GAs. The full list of groups that may be represented at GAs
is as follows:
National
associations (1 vote per association)
Seniors
(1 vote)*, Masters (1 vote)*, Grandmasters (1 vote)*, Ladies (1
vote)*, Under 21’s (1 vote)*, Youth & Juniors (1 vote)*, LD’s
(1 vote)*
Referees’
association (no voting rights)
Non-playing
section, i.e., promoters, manufacturers, operators, site owners,
media, etc. (no voting rights)
*
Issues relevant to their specific sections only.
With
the exception of the Chairperson in the case of a tied vote, the
members of the EC are not entitled to vote at GA meetings.
Decisions
by the General Assembly shall become effective immediately with the
exception of Rules and Sport Regulations, which may become effective
within one year (or at the next event).
A
member with outstanding debts to the EBA
will not be entitled to vote at any meeting
of the EBA until
such monies have been paid in full
13. ARTICLE THIRTEEN: SPECIAL RESOLUTIONS
A
special resolution must be passed by an EGM of the association to
effect the following changes:
A
change of the association’s name;
A
change of the association’s rules;
A
change of the association’s objects;
An
amalgamation with another incorporated association;
To
voluntarily wind up the association
A
special resolution shall be passed in the following manner:
A
notice must be sent to all members and/or representative of each
association or body affiliated with the association advising that an
EGM is to be held to consider a special resolution.
The
notice must give details of the proposed special resolution and give
at least 21 days’ notice of the meeting.
A
quorum must be present at the meeting.
At
least three-quarters of those present must vote in favour of the
resolution.
14.
ARTICLE FOURTEEN: MISCELLANEOUS
The
association shall effect and maintain insurance as is required under
any applicable national or international law, together with any other
insurance that may be regarded as necessary.
The
funds of the association shall be derived from the fees of members,
donations, grants and such other sources as are approved by the
association.
The
association may at any time pass a special resolution determining how
any surplus property is to be distributed in the event that the
association is to be wound up. The distribution of surplus property
shall be in accordance with applicable laws.
Notices
sent by post shall be deemed to have been received 10 days after the
date of dispatch and emails shall be deemed to have been received one
day after the date of dispatch.
The
income and property of the association shall be used only for the
promotion of the objects of the association and shall not be paid or
transferred to members by way of dividend, bonus or profit except in
the case of professional services rendered to the association at its
request by members. In such a case, fair remuneration for services
rendered or goods sold will be deemed acceptable if so ordered by the
EC.
15.
ARTICLE FIFTEEN: CONSTITUTION,
DECISIONS, COMING INTO FORCE.
Section
15.1: EBA Constitution
Members
bind themselves to respect the EBA
constitution as the sole authority and governing structure for the
game of Blackball on the European continent with affiliation to the
recognised world structures.
Section
15.2: Decisions beyond this constitution
All
matters not provided for under this constitution or cases of force
majeure shall be settled by the EC, whose decisions shall be final,
unless subsequently overruled by decision of a meeting of the General
Assembly.
Section
15.3: Coming into force
This
constitution will come into immediate force with the approval of the
GA and will replace all other previous constitutions or revisions.
APPENDIX 1:
APPOINTMENT OF PROXY FORM
..........................................................,
being a member in good standing of the European Blackball
Association, hereby appoint
..........................................................
(Full
name of proxy)
of
..............................................................................
(Name of the member of the EBA)
as
our proxy to vote on our behalf at the general meeting of the
association (annual general meeting or extraordinary general meeting,
as the case may be) to be held on the ........................... day
of ................................ 20___ , and at any adjournment of
that meeting.
*
Our proxy is authorized to vote in favour of/against (delete as
appropriate) the resolution (insert details).
*
To be inserted if desired.
................................................
Signature of member appointing proxy
................................................
Name of member appointing proxy
................................................ Date
NOTE:
A proxy vote may not be given to a person who is not a member of an
association that is a member of the EBA.
