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.
