The Constitution of the Pan European Federation of Traditional Chinese Medicine Societies

SECTION I. – Name, registered address, objectives

1. Name of the Federation

1.1 The Federation is established on September 29th., 2001 in Amsterdam, The Netherlands in accordance with Dutch law as the "Pan European Federation of Traditional Chinese Medicine Societies" (PEFOTS).

1.2 The Federation shall have its registered office at [ ]. The secretariat address of the Federation can be changed by a Board decision

1.3 The Federation is established for an indefinite period.

1.4 The financial year of the Federation is the calendar year.

2. Objectives of the Federation
  1. to promote Traditional Chinese Medicine in all its aspects and to unite Traditional Chinese Medicine experts and societies in Europe;
  2. to strive for the right of all Europeans to a health care system that shall accommodate Western and Eastern medicines;
  3. to establish relations with the European Union and international organisations
  4. to assist legislative and regulatory work by the European Union
  5. to promote exchange of scientific research and to work for recognition of Traditional Chinese Medicine at the European level;
  6. to act as an educational vehicle for the public;
  7. to set standards for Traditional Chinese Medicine practitioners at a European level;
  8. to promote publications in the field of Traditional Chinese Medicine;
  9. to establish teaching material and provide training.

SECTION II. – Full membership, associated members, corresponding organisations

3. Membership

3.1 The Federation shall have the following members and participants:
  1. Full members: Traditional Chinese Members associations of the European states can become a full member of the Federation. Each member has one vote in the Assembly. The annual contribution for full members is set by the Board
  2. Associated members: companies or institutes interested who wish to give support can become associated members. The associated members [have/have no] vote but they are invited to participate as observer at the meetings of the Assembly. The annual contribution for associated members is set by the Board
  3. Corresponding organisations: international organisations wishing to establish closer links. Corresponding organisations are invited to participate as an observer at the meetings of the Assembly. They undertake to provide regular information concerning their activities. The annual contribution for corresponding organisations is set by the Board.
3.2 A (legal) person can apply for membership in writing to the Board. The application should be made at the secretariat address. Membership is granted by the Board by written statement. The Board has the right to refuse a membership application. The decision of the Board to refuse membership is open to appeal in the Assembly.

3.3 A membership shall end:
  1. by notice of termination by the Federation;
  2. by notice of termination by the member.
  3. by exclusion.
Any member who will by its conduct discredit or endanger the objectives of the Federation will be excluded by the Board. The member shall have the right to appeal to the Assembly against such Board decision.

3.4 Non-payment of the contribution shall automatically involve the exclusion of participation and loss of services of the Federation.


SECTION III. – Organs of the Federation

4. Assembly

4.1 All powers necessary to achieve the aim of the Federation are vested in the Assembly.

4.2 The Assembly is composed of full [and associated] members. The Assembly shall convene at least one general Assembly’s meeting each year.

4.3 An extraordinary Assembly’s meeting can be convened by decision of the Board or by 25% of all full [and associated] members. The request for an extraordinary Assembly’s meeting should be made in writing to the Federation’s registered address.

4.4 During the general Assembly’s meeting the Board will provide an annual report to the Assembly regarding the Federation’s policy and financial position.

4.5 The Assembly’s decisions are taken by a simple majority of the votes of the full [and associated] members present. The Assembly is chaired by the President and he shall supervise the voting procedure. In the event of absence of the President, the Vice–President shall take his place.

4.6 The Secretary-General, or a person assigned by him, shall take minutes of the Assembly’s meetings. The minutes shall be approved by the Assembly in the subsequent Assembly’s meeting.

4.7 The President shall convene the Assembly’s meetings. The convocation notice shall be issued at least 15 days before the convocation and it shall set out the issues to be discussed during the Assembly’s meeting. Additional items can be added to the agenda by a written request of at least 25% of the full [and associated] members if such request is addressed to the Federation’s secretariat address at least 10 days before the meeting of the Assembly

5. Board

5.1 The Board shall manage the Federation and meet at least every 6 months. All powers of management and administration of the Federation are vested in the Board

5.2 The full [and associated] members of the Assembly shall nominate for the Federation’s:
  • President;
  • Vice-President;
  • General-Secretary;
  • Legislation Secretary;
  • Academics Secretary;
  • Organisations Secretary;
  • Public Relations Secretary;
  • Quality Control Secretary;
  • Treasurer.
They will form the Executive Board and are Board members.

5.3 The full members of each country shall vote for two-third representatives who shall be Board members [the number is to be determined by the Assembly per nation at the first convocation of the Assembly]. The representative shall be full [or associated] members of the Federation.

5.4 Board decisions are valid if one-third of its members are present or represented and decisions are taken by majority voting of the members present or represented. In the event the vote is indecisive, the President has the casting vote.

5.5 Members of the Board are nominated by the Assembly for a period of three years.

5.6 The Board is, upon approval of the Assembly, competent to buy, encumber or dispose of property.

6. Executive Board

6.1 The Executive Board is responsible for the daily business of the Federation.

6.2 The Executive Board shall draw up Rules of Procedure which shall be approved by the Assembly. The Rules of Procedure are intended to regulate the internal procedures of the Federation. The Rules of Procedures may delegate particular powers of the Board to the Executive Board or to Special Working Commissions or persons.

6.3 The President and the Secretary-General will represent the Federation in all judicial proceedings, contract negotiations and closur.

6.4 As regards current administration and relations with public services and banks the President and the Secretary-General are authorized to delegate their powers and their administrative duties at their own responsibility.

SECTION III. – Organs of the Federation

7. Committee of Hounour (CoH) and Advisors
The committee of honour will be set up, composed of distinguished individuals, administrators and TCM experts.

8. Special Working Commissions (SWC)

8.1 The Federation shall have the following SWC’s:
  1. The Commission of Legal Affairs and Communications. The activities of the commission are:
    - establish relations with the European Union and international organisations;
    - inform on legislation at the European and national administrations level;
    - establish relations with insurance companies
  2. The Ad-Hoc Traditional Chinese Medicine Scientific Working Commission. The activities of the commission are:
    - define TCM science in its broadest sense and have an acupuncture division, a Chinese herbs division and a Tuina (Chinese massage) division;
    - establish clinical experimental research;
    - establish a database.
  3. The Commission of Culture, Education Ethics and Promotion: The activities of the commission are;
    - establish standard teaching material and hours at a European level;
    - establish standard of Traditional Chinese Medicine clinical practice stage;
    - provide Chinese publications in English;
    - create a web site.
  4. The Commission of Quality Control Standards for Traditional Chinese Medicine. The activities of the commission are:
    - work for the public recognition of Chinese single herb and patent formulae;
    - work for the recognition of Traditional Chinese Medicine doctors’ (practitioners’) quality/ability by commission
  5. Other, to be determined by the Board
8.2 The SWC are composed of qualified persons. They are not required to be members of the Federation and they are nominated by the Assembly upon a recommendation by the Board. The SWC shall report to the Board.

9. Committee of Honour (CoH)
The committee of honour will be established, composed of distinguished individuals, administrators and TCM experts.

SECTION IV. – Financial resources

10.1 The financial resources of the Federation are:
  1. contribution of the members;
  2. payments for research, study and consultation contracts entered into with members, international organisations and private or public authorities;
  3. grants from international organisations and public or private authorities;
  4. donations and legacies;
  5. proceeds from sale of publications and from services rendered.
SECTION V. – Amendment of the Constitution, dissolution

11.1 The constitution of the Federation can be amended at any time by an extraordinary general assembly of full [and associated members] convened on the initiative of the Board or at the request of 2/3 of the full [and associated] members.

11.2 The Federation can be dissolved by a decision of 2/3 of the full [and associated] members of the Assembly. The Board shall decide upon the inheritance of the Federation in accordance with the existing laws.

Draft text of the constitution dated 4 March 2001.
 

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