§ 1 NAME, REGISTERED OFFICE AND FISCAL YEAR
- The Association is named
Eyes & Ears of
Association for the Design,Promotion and Marketing of Audiovisual Media
and is entered in the Register of Associations at theLocal Court of Cologne.
The Association has its registeredoffice in Cologne, Germany.
The fiscal year is the calendar year.
§ 2 OBJECTIVES OF THE ASSOCIATION
- Definition, representation and promotionof European interests related to professions in the fields of the design,promotion and marketing of audiovisual media and in new communicationstechnologies at national and international events in this branch of industryand with associations
- Exchange of experience and informationamongst the members at the events referred to in Par.1 above and also at theAssociation’s own events
- Promotionof quality consciousness amongst members for their products and working processes
- Support of creative talent and ofadvanced vocational training
§ 3 MEMBERSHIP FEES
The costs of the Association shall be covered bymembership fees and contributions towards the costs of events and/orpublications. Details shall be governed by the Membership Fees Schedule to beadopted by the general assembly of members.
§ 4 MEMBERSHIP
- Eyes & Ears of
Europeshall have active, associate, corporate, supporting and honorary members.
- Active members are natural persons whowork as employees of private or public broadcasting companies, of Internetcontent providers that act like channels or stations, or as instructors atrelevant institutions of training or further education in Europe, who can beallocated to one of the divisions / working groups referred to in Par. 4 belowand who can not be assigned any other membership status pursuant to Par. 3below.
- Associatemembers of the Association are natural persons who work on the production ofprogramming, as consultants, with services or other commercial offerspertaining to the design, promotion and marketing of
audiovisual media.Associate members have the right to vote. They can be elected as members of theboard by the general assembly, insofar they are unanimous nominated by thewhole board.
- TheAssociation shall have the following divisions / working groups:
- Basic, Further and ContinuingEducation
- Concept & Text
- Executive Production & OB
- Corporate Communications &PR
- Media Management
- Internet & Web TV
- Radio, Audio & Music
The gist of the definition of the divisions shall beelaborated by the whole board and adopted by the general assembly of members.The activities of the working groups shall be developed and implemented by thedivision representatives / working group heads in consultation with the ChiefExecutive Officer / CEO, to whom they are obligated to report.
§ 5 ACQUISITION OF MEMBERSHIP
- Applications formembership are to be submitted to the office of the Association in writing.
- The board, in consultation with thecandidates, shall decide on the adoption of new members and their allocation toone of the divisions / working groups.
§ 6 TERMINATION OF MEMBERSHIP
- Membership shallend upon the decease, withdrawal or expulsion of a member, discontinuation ofbusiness activities, dissolution (of legal entities) or loss of theprerequisites pursuant to § 4 Par. 1-8. Any payment obligations incurred priorto the withdrawal taking effect shall remain unaffected by such termination ofmembership regardless of the reason hereof.
- Withdrawals are to be announced by meansof a registered letter addressed to the board subject to a notice period of atleast three (3) months to the end of the fiscal year. The fiscal yearcorresponds to the calendar year from 1 January to 31 December.
- Theexpulsion of a member with immediate effect may be decided by the board forimportant reasons. Important reasons shall be defined as being in particularbut not limited to the failure to fulfill membership obligations pursuant to §8 Par. 2 and harmful conduct due to the infringement of the interests of theAssociation, in particular but not limited to infringements of the objectivesreferred to in § 2 Par. 1-4 in these Regulations.
§ 7 MEMBERSHIP FEES
- Annual fees shallbe levied against the members. The amount and the due date shall be guided bythe need for financing to realize the objectives of the Association and shallbe fixed by the general assembly of members in a Membership Fees Schedule.
- Honorary members shall be exempt fromhaving to pay membership fees.
§ 8 RIGHTS AND OBLIGATIONS OF MEMBERS
- Members shall have the right toparticipate in general assemblies and division meetings. They shall beregularly informed about the Association’s activities.
- Members shall have the obligation tosupport the work of the Association and to design their activities so that theAssociation’s ability to work and its reputation are not adversely affected.
§ 9 EXECUTIVE BODIES OF THE ASSOCIATION
The executive bodies of Eyes & Ears of
- the generalassembly of members
- the board
§ 10 GENERAL ASSEMBLY OF MEMBERS
- The general assembly of members shallmeet at least once a year. Moreover, the board must convene a general assemblywhenever at least ten percent (10 %) of the members demand such an assembly inwriting and cite their reasons.
- The general assembly of members shallbe convened and run by the Chairperson or in his absence by theVice-Chairperson. The invitation to the regular general assembly shall be sentat least four (4) weeks prior to the date of the meeting and shall contain theagenda.
- The general assembly shall have powersincluding but not limited to the following:
- Acceptance of thereport on activities
- Formal approval ofthe actions of the board and the Chief Executive Officer / CEO, the divisionrepresentatives / working group headsand of the international corresponding chairs
- Election of theboard with the exception of the Chief Executive Officer / CEO (see § 12)
- Election of thedivision representatives / working group heads and of the internationalcorresponding chairs
- Making decisionson the amount of the membership fees by adopting the Membership Fees Schedule
- Adoptingresolutions on Association policies proposed by the board
§ 11 BOARD
- The whole boardshall consist of the Chairperson, the Vice-Chairperson, the Treasurer, theChief Executive Officer / CEO as well as eight (8) further members of theboard.
- The members of the whole board shallhave the right to attend all meetings of the Association’s roundtables, inparticular but not limited to those of the divisions / working groups.
- The whole board with the exception of the Chief ExecutiveOfficer / CEO (see § 12) shall be elected for a term of two (2) years.Reelections are permitted. Board members shall remain in office after theexpiry of their term of office until a new board has been elected. Activemembers and in exceptional cases also associate members may be elected to theboard (see § 4 Par. 2).
- The executive board having the right tolegally represent the Association in and out of court in accordance with § 26BGB (German Civil Code) shall consist of the Chairperson, the Vice-Chairperson,the Treasurer and the Chief Executive Officer / CEO. The Association shall berepresented by the Chairperson or the Chief Executive Officer / CEO, eachacting alone, or by the Vice-Chairperson and the Treasurer acting jointly.
- The executive board shall beresponsible for running the Association, implementing the resolutions adoptedby the general assembly and managing the assets of the Association. Theexecutive board is empowered to make the corrections to these Regulations thatare mandatorily prescribed by the Registry of Associations, even withoutcomplying with the formal procedures provided in these Regulations.
- The board shall have a quorum at itsmeetings if the invitation has been issued fourteen (14) days prior to ameeting in compliance with formal and deadline requirements and if at least theChairperson or Vice-Chairperson or the Treasurer and half of the respectivemembers of the board required attend the meeting.
- The board shall adopt resolutions by asimple majority. If there is a tie, the Chairperson, or in his absence, theVice-Chairperson or the Treasurer shall cast the deciding vote.
- Members leaving the Association shallalso resign their membership in the board or in any other body of the Association.The by-election to fill the position of a board member who has resigned shallbe held at the next general assembly. The term of office of any such boardmember elected during a by-election shall end with the expiry of the term ofoffice of the other board members.
- The board and individual board members,with the exception of the Chief Executive Officer / CEO (see § 12), may beremoved, if seven (7) members of the whole board submit a written motion tothis effect at least six (6) weeks prior to the next general assembly. The proposedremoval shall then appear as the first item of business on the agenda whichwill be sent out within the specified time (see § 10 Par. 2) and a resolutionto this effect may be adopted at the general assembly.
- The Board maydecide to appoint someone to perform the respective function temporarily afterthe departure of a functionary until a successor can be elected.
§ 11B HONORARY CHAIRPERSONS
Long-time merited board members of Eyes & Ears ofEurope can be appointed as honorary chairpersons through a decision of theboard members of Eyes & Ears of
Two (2) or more honorary chairpersons will constitutethe honorary council of Eyes & Ears of
§ 12 MANAGEMENT
- The business of the Association shallbe transacted by a Chief Executive Officer / CEO. The Chief Executive Officer /CEO shall implement the resolutions of the executive bodies and shall representthe Association within this framework inwardly and outwardly. Moreover, theChief Executive Officer / CEO shall be the Spokesperson and the Director ofStudies of the Eyes & Ears of
- The Chief Executive Officer / CEO shallbe appointed and dismissed by the elected board members with a two-thirds (2/3)majority and shall receive a suitable remuneration for the tasks performed byhim or her.
§ 13 DIVISION REPRESENTATIVES AND WORKING GROUPS
- To support the work of the Association,the division representatives / working group heads (see § 4 Par. 4), shalldevelop seminars, workshops, working group meetings and other events promotingthe objectives of the Association in consultation with the Chief ExecutiveOfficer / CEO. The executive board shall decide on the implementation of theseevents in accordance with the resolutions pertaining to Associationpolicies.
- The heads of the working groups shall be elected by thegeneral assembly for a term of office of two (2) years.
- After the withdrawal or retirement of a divisionrepresentative / working group head, the board may appoint a qualified memberto temporarily assume responsibility for the respective function until asuccessor is elected by the general assembly. The term of office of any workinggroup head elected at a by-election shall end with the expiry of the term ofoffice of the remaining division representatives.
§ 13A INTERNATIONAL CORRESPONDING CHAIRS
- Die International Corresponding Chairs werden auf Vorschlag des vertretungsberechtigten Vorstands von der Jahresmitgliederversammlung jeweils für eine Amtsperiode von zwei (2) Jahren gewählt.
- Ihre Aufgabe ist es, die aktuellen Entwicklungen in ihrem jeweiligen Land bzw. ihrer jeweiligen Region in den Bereichen Design, Promotion und Marketing der audiovisuellen Medien bei Eyes & Ears of Europe einzubringen.
- Dies geschieht in Absprache mit dem Geschäftsführenden Vorstandsmitglied / CEO, dem sie berichtspflichtig sind, insbesondere durch Referententätigkeit und die Gastgeberschaft für Veranstaltungen von Eyes & Ears of Europe in ihrem jeweiligen Land bzw. in ihrer jeweiligen Region.
- Der Vorstand kann nach dem Ausscheiden eines International Corresponding Chairs ein qualifiziertes Mitglied zur kommissarischen Wahrnehmung der betreffenden Funktion bis zum Zeitpunkt der Neuwahl eines Nachfolgers durch die Mitgliederversammlung berufen. Die Amtszeit nachgewählter International Corresponding Chairs endet mit Ablauf der Amtszeit der übrigen Funktionsträger.
§ 13B European Council for the Design, Promotion andMarketing of Audiovisual Media
- Eyes & Ears of
Europe is the responsible body of the European Councilfor the Design, Promotion and Marketing of Audiovisual Media. The EuropeanCouncil for the Design, Promotion and Marketing of Audiovisual Media hasparticularly the task to carry out the final jury of the Eyes & EarsAwards.
Members of the EuropeanCouncil for the Design, Promotion and Marketing of Audiovisual Media are themembers of the board, the heads of working groups and the internationalcorresponding chairs of Eyes & Ears of Europe.
The Chief ExecutiveOfficer/CEO of Eyes & Ears of Europe isthe secretary-general of the European Council for the Design, Promotion andMarketing of Audiovisual Media.
In connection with the endingof one's function as member of the board, head of a working group or internationalcorresponding chair of Eyes & Ears of Europethe membership with the European Council for the Design, Promotion andMarketing of Audiovisual Media ends at the same time.
§ 13C Eyes & Ears Council – Arts and Science Council
- Eyes & Ears of Europeis the responsible body of the Eyes & Ears Council, the Arts and ScienceCouncil of Eyes & Ears of
Europe. The Eyes& Ears Council has particularly the aim to give impetus to the furtherdevelopment of basic and further education at universities, universities ofapplied sciences and academies. The members of the Eyes & Ears Council aremembers of Eyes & Ears of Europe who areworking as professors, lecturers or at similar positions.
- The chairperson of the Eyes& Ears Council shall be elected for a term of two (2) years by the generalassembly in the course of the elections for the board, auditors, head ofworking groups and International Corresponding Chairs. The Chief ExecutiveOfficer/CEO of Eyes & Ears of
Europe isthe secretary-general of the Eyes & Ears Council.
- Upon the withdrawal orretirement of the chairperson of the Eyes & Ears Council the board mayappoint a qualified member to temporarily assume responsibility for therespective function until a successor is elected by the general assembly. Theterm of office of the chairperson elected at a by-election shall end with theexpiry of the term of office of the remaining council members. Upon thewithdrawal of a council member the membership with the Eyes & Ears Councilshall end at the same time.
§ 14 AUDIT
The general assembly shall elect two (2) auditors fora period of two (2) years. These auditors shall examine the business recordsand submit their report at the first general assembly after the expiry of thefiscal year. Accordingly, the audit must be completed prior to the formalapproval of the actions of the board. The auditors are not permitted to bemembers of the board. Re-elections are permitted.
§ 15 DISSOLUTION OF THE ASSOCIATION
- The Associationshall be dissolved if more than half of the members entitled to vote submit awritten motion to the board more than six (6) weeks prior to the next generalassembly, requesting that dissolution of the Association be put as the firstitem of business on the agenda which is to be sent within the specified period(see § 10 Par. 2), and the general assembly, with at least a two-thirds (2/3)majority of active members present, adopts a resolution to dissolve theAssociation. If this majority does not exist, a resolution may be adopted bysimple majority to the effect that another general assembly is to be summonedwithin two (2) weeks, which shall then have a quorum in any case.
- The resolution of dissolution mustindicate who is to be appointed liquidator of the Association.
- Upon the dissolution of the Association, the general assembly shall adopt a resolution pertaining to the appropriation of the Association’s assets.
§ 16 COMMENCEMENT
These Regulations shall come into effect on 19 November 1996.