§ 1 Name and Seat
The Name of the Society, founded according to Austrian "Vereinsgesetz 2002”
(BGBl. I 66/2002) is
EFORT / EAR.
The association has its legal seat in Linz, Austria.
§ 2 Aim of the Society and Activities
The area of activities includes all European Countries.
The activities of EFORT/EAR are of non-profit making character, and its aims
shall exclusively serve the public good in accordance with the Austrian tax requirements
(“Bundesabgabenordnung”).
These are the aims of EFORT/EAR:
- Support for activities of National Arthroplasty Registers
- Support of follow-up evaluations of all implants and associated
medical devices used in a defined area with respect to the revision
rate
- Support of data collection and publication of epidemiological
data
- Development of communication in the orthopaedic societies concerning
arthroplasty
- Information and support in
- Data collection
- Data management in central databases
- Control of the quality of data
- Support of the development of National Arthroplasty Registers
- Development of Register documentation and standardisation on the
highest possible level
- Evaluation of data on a supranational level for scientific purposes
- Detection of inferior products as early as possible
- Comparison of different countries and public health systems with
respect to the revision rate
- Development of communication structures at European level and
towards the implant manufacturers
- Central support for Register Activities:
- Preparation of assessment procedures for national datasets
- Definitions of common standards for documentation
- Set up of basic databanks to support data collections and evaluations
on national level
§ 3 Idealistic Resources
To achieve these goals the following idealistic resources will be used:
- Data collection
- Data handling in central databases
- Control the data quality of basic data sets for evaluations
- Assessment procedures for National Arthroplasty Registers
- Scientific oral presentations
- Organisation of scientific sessions or meetings
- International contacts and communication
- Set up of an early warning system for early loosening of implants
- Definition of standards of statistical analyses
- Cooperation of experts in Arthroplasty Register issues
- Support for evaluations
- Coordination of studies
- Definition of technical standards regarding the cooperation between
National Registers and the Central Server
- Reporting activities
§ 4 Material Resources
The required material support will be acquired by:
- Donations by supporters (EFORT, EU, etc)
- Support by public institutions
- Support by Extraordinary Members (Industry, etc)
- Donations, legacies or other support
- Gain from the Society's property
§ 5 Use of Resources
The resources of EFORT/EAR shall exclusively be used for the aims defined
in the statutes. Members of the Society must not draw profit or obtain
other support due to their status of being members of the Society.
When a member has retired or is excluded from EFORT/EAR, or in the
case of the dissolution of EFORT/EAR, the member must not recover
higher amounts than invested. No person must acquire misappropriate
or inadequate high refunds.
§ 6 Membership
The members of the Society are categorised in ordinary, extraordinary
and honorary members.
Ordinary members are physicians and non-physicians who take an active
part in the Society’s activities, they have active and passive voting
rights.
Ordinary members can be
- Official delegates from National Arthroplasty Registers
- Persons proposed by the EFORT/EAR Executive Board for special duties
- Persons proposed by the EFORT Executive Committee
Extraordinary members support the Society’ activities mainly by financial
means and assistance in organisation.
Honorary members may be persons who render great service to EFORT/EAR
or support the Society to an extraordinary extent.
§ 7 Application for membership
All persons who agree with the aims of the Society may become members.
The Executive Board of the Society decides on the membership of ordinary
and extraordinary members. The agreement can be refused without giving
reasons.
Honorary membership is awarded on recommendation by the Executive Board
and approval by the General Assembly by simple majority of votes.
§ 8 Rights and Duties of Members
The members have the right to participate in all events of EFORT/EAR,
and to use the Society’s facilities. Ordinary members only have the
right to vote at the General Assembly.
All members shall support the aims of the Society in keeping with their
ability and refrain from any activity that would do harm to the Society’s
reputation and objectives.
The members have to take the statutes and decisions of the society into
consideration.
§ 9 Termination of Membership
Membership terminates on the decease, for juristic persons and institutions
due to loss of legal entity, resignation or expulsion of the member.
Resignation is possible at the end of each calendar year. The statement
of resignation has to be sent to the Executive Board by registered mail
at least 3 months in advance. In case of delay termination will come
into force at the next effective date.
§ 10 Expulsion of a Member
A member can be expelled
- If the member harms the Society’s interests or disrespects the duties
defined in the statutes.
- If the member has sentenced for criminal offence.
Expulsion is subject to decision by the Executive Board. The member
has to be informed in writing without delay.
§ 11 Bodies of the Society
The Bodies of the Society are:
- The General Assembly
- The Executive Board
- The Treasurer/Auditor
- The Supervisory Board
- The Court of Arbitration
§ 12 General Assembly
The General Assembly consists of all ordinary, extraordinary and honorary
members.
The General Assembly is the highest authority of the Society and is
qualified to decide in all issues.
A General Assembly must be held at least every 2 years.
Meetings have to be announced by the Executive Board at least 2 months
in advance, and the announcement has to include a meeting agenda.
Extraordinary meetings of the General Assembly shall to be arranged
due to a decision of the Executive Board or a written proposal by at
least 25% of members, within 4 weeks time after notice.
All members have the right to attend, but only ordinary members have
the right to vote, unless this right has been suspended by the General
Assembly due to neglect of duties.
Proposals for the General Assembly have to be handed over at least 4
weeks proir to the meeting.
Attendance of at least 50% of members eligible to vote is required to
constitute a quorum at General Assemblies. If this requirement is not
fulfilled, the start of the meeting has to be delayed for half an hour.
Then the meeting is deemed to be quorate independent of the number of
members attending.
The decisions of the General Assembly are made by a simple majority
of votes, in the event of a tie vote the Chairman’s vote is decisive.
Decisions on changes to the statutes are subject to the approval of
two thirds of the votes cast.
Chairman of the General Assembly is the President, in his absence the
Vice President.
§ 13 Duties of the General Assembly
Exclusive duties of the General Assembly:
- Approval of the Minutes of the previous General Assembly;
- Approval of the Executive Board’s Report and Balance including all
assets;
- Award and withdrawal of honorary membership;
- Decisions concerning modifications of the statutes and liquidation
of the society.
§ 14 Executive Board
The Executive Board consists of
- The President
- The Vice President (=Secretary)
- The Treasurer / Financial Auditor
- Three elected members of the EARB
- 1 from the Scandinavian Registers
- 1 from a small or medium-sized country’s Register
- 1 from a large country’s Register (> 30 million citizens)
The Executive Board is elected by the Supervisory Board by simple majority
of votes for a term of two years, which is renewable. Tenure ends on
inauguration of another person.
By retirement of one member of the Executive Board another qualified
person can be co-opted for temporary replacement until a formal election
has taken place.
Executive Board meetings are announced by the President, in his absence
by the Vice President.
Chairman of the Executive Board meetings is the EFORT/EAR President,
in his absence the Vice President.
The decisions of the Executive Board are made by simple majority, in
case of a tied vote the Chairman's vote is decisive.
The President is the Chairman of the EAR Committee in EFORT.
Executive Board members may retire through a statement in writing sent
to the Supervisory Board. Retirement takes effect on the election of
a successor.
§ 15 Duties of the Executive Board
The Executive Board manages the Society's activities. It has to attent
to all duties that are not assigned to other bodies by the statutes.
In particular this includes:
- Management and representation of EFORT/EAR
- Obligation to draw up of reports and annual accounts
- Organisation of the General Assembly
- Call for meetings of the General Assembly
- Administration of resources and assets
- Admission and expulsion of members
The President, in his absence by the Vice President is exclusively
authorised to represent the Society and sign contracts on its behalf.
Contracts requiring the approval of the Supervisory Board (=EFORT Executive
Committee) are defined in § 19.
§ 16 Duties of Officials
The President represents EFORT/EAR vis-a-vis institutions and natural
persons.
He is the Chairman of the Executive Board and the General Assembly.
The Vice President (= Secretary) is responsible for correspondence,
documents and the archive.
§ 17 Annual Accounts
The financial year is identical with the calendar year.
The annual accounts have to be presented within the first 5 months of
the following year.
§ 18 Financial Auditors
Two financial auditors are elected by the General Assembly for the term
of 2 years, which is renewable.
The auditors’ duty is to control the financial procedures and examine
the annual accounts.
They have to report to the Supervisory Board.
The procedures for election and retirement are the same as for other
officials.
§ 19 Supervisory Board
The Supervisory Board is identical with the EFORT Executive Committee.
Its elections and meetings follow the statutes of EFORT.
The Supervisory Board controls the activities of the EFORT/EAR Executive
Board.
The following activities require approval by the Supervisory Board:
- Appointment, demission and exoneration of members of the EFORT/EAR
Executive Board and the Treasurer / Auditors;
- Annual accounts and audit of the Society’s financial transactions;
- Contracts exceeding a duration of one year or such that could affect
the central activities of EFORT/EAR;
- Changes to the statutes;
- Contracts or agreements that might affect EFORT in a negative way
must be presented for approval in advance.
§ 20 Court of Arbitration
All controversial issues concerning the Society, unless they fall within
the exclusive competence of one of the Society’s bodies, are decided
by a court of arbitration.
Each party in the dispute may appoint one regular member of the Society
to form a jury. These persons appoint a chairman. If they are unable
to agree on a chairman, the chairman is determined by lot.
Decisions are made by simple majority, and they are not appealable within
the Society.
§ 21 Dissolution
Voluntary dissolution of the Society can only be decided by the General
Assembly, with a qualified majority of two thirds of votes.
The last Executive Board will have to inform the public authorities
at the Society’s legal seat in Linz, Austria.
All assets of EFORT/EAR go to EFORT (European Federation of National
Associations of Orthopaedics and Traumatology), which has to use these
resources for the common good in accordance with the provisions of the
Austrian tax regulations (“Bundesabgabenordnung”).