The present statutes have been adopted at the Council Meeting of August 2021 in Prague. The original version in Dutch can be found here.
Table of Contents
- DEFINITIONS
- NAME. REGISTERED OFFICE
- OBJECTIVES
- ASSOCIATION’S FINANCIAL YEAR AND MEMBERSHIP YEAR
- MEMBERSHIP
- MEMBERSHIP FEE
- END OF MEMBERSHIP. SUSPENSION
- EXECUTIVE COMMITTEE
- EXECUTIVE COMMITTEE: OFFICES. DURATION. END OF EXECUTIVE COMMITTEE MEMBERSHIP. ABSENCE OR INABILITY TO ACT. SUSPENSION
- ADOPTION OF EXECUTIVE COMMITTEE RESOLUTIONS
- TASK. POWERS AND REMUNERATION
- REPRESENTATION
- ANNUAL ACCOUNTS. REPORT
- COUNCIL MEETING
- COUNCIL MEETING. REPRESENTATION OF THE MEMBERS BY THE DELEGATES
- COUNCIL MEETING. MANNER OF CONVOCATION. ACCESS. ELECTRONIC ADOPTION OF RESOLUTIONS
- COUNCIL MEETING. VOTING RIGHT. ADOPTION OF RESOLUTIONS
- CHAIRMANSHIP. MINUTES
- COMMITTEES AND INTEREST GROUPS
- BY-LAWS
- AMENDMENT OF ARTICLES. MERGER. DEMERGER
- DISSOLUTION
- FINAL STIPULATION
- TRANSITIONAL STIPULATION
BYLAWS
1. Council
2. Executive Committee
3. Nominations and elections
4. Special and General Interest Groups
5. Meetings and European Crystallographic Meetings (ECMs)
6. Fees
7. The Satellite conference of an ECM
8. The ECA Prizes
DEFINITIONS
1. In this charter, the terms set out below have the meanings stated next to them:
- delegate means a delegate as further defined in article 14.
- council means the body of the association referred to in Title 2 of Book 2 of the Dutch Civil Code as the general meeting (‘algemene vergadering’).
- executive committee means the board of the association (‘bestuur van de vereniging’).
- officer means a member of the executive committee.
- days means all days of a week and therefore not excepting generally recognised public holidays or days considered equivalent thereto under the Dutch General Extension of Time Limits Act (‘Algemene termijnenwet’).
- adhering body means the national crystallographic association of a country within Europe or adjacent to it and – in the absence of such association – another legal entity representing the practising crystallographers of the country concerned. Any number of countries may agree to form a group in order to name or establish a single adhering body. This body shall form a joint national or regional committee for crystallography. Wherever the terms Country and National Crystallographic Association are used in these Statutes or in the By-Laws, they shall be taken to mean such groups of countries and joint national or regional committees for crystallography
- IUCr means the legal entity under the law of Switzerland: International Union of Crystallography.
- in writing means a message transmitted by letter, email or any other electronic means of communication, provided the message is legible and can be reproduced.
- statutes means the association’s charter (‘statuten’).
- association means the association whose internal organisation is governed by this charter, namely the association with full legal capacity: European Crystallographic Association, registered in the trade register under number 10043238.
2. Any references to articles will refer to articles of this charter, unless expressly provided otherwise. References in this charter to ‘he’ are also deemed to refer to ‘she’ as well as ‘they’. References in this charter to ‘his’ or ‘him’ are also meant to refer to ‘her’ as well as ‘their’ or ‘them’.
NAME. REGISTERED OFFICE
Article 1
1.1 The name of the association is: European Crystallographic Association
1.2 The association’s abridged name is: ECA.
1.3 The association has its registered office in Zeist, the Netherlands.
1.4 The association was incorporated on the twenty-fifth of August nineteen hundred and ninety-seven.
OBJECTIVES
Article 2
2.1 The objects of the association are to:
- promote the science of crystallography;
- promote the development of crystallography in the broadest sense of the word;
- promote European collaboration in the field of crystallography and – in so far as relevant to the association – also with countries outside Europe,
and furthermore, to perform all other acts that are related, directly or indirectly, or conducive to the above, in the broadest sense of the word.
2.2 The association attempts to realise its objects by:
- promoting scientific research in the field of crystallography at a European level;
- organising and supporting scientific congresses, schools and other meetings in the field of crystallography.
- initiating and stimulating collaboration between scientists and scientific organisations in the field of crystallography;
- participating in committees of similar and related organisations;
- collaborating with similar and related organisations;
- acting as a member of organisations contributing to the realisation of the objects of the association, including becoming a member of the IUCr;
- awarding prizes to persons and organisations having made a substantial contribution to the science of crystallography,
and furthermore, to perform all other acts that are related, directly or indirectly, or are conducive to the above, in the broadest sense of the word.
2.3 The association has no profit motive and aims to operate as a public benefit organisation within the meaning of Section 5b of the Dutch State Taxes Act (Algemene wet inzake rijksbelastingen).
ASSOCIATION’S FINANCIAL YEAR AND MEMBERSHIP
Article 3
3.1 The association’s financial year starts on April 1st and ends on March 31st.
3.2 The membership year commences on the day on which the first contribution of the member concerned was credited to the bank account in the name of the association and ends one year later.
MEMBERSHIP
Article 4
4.1 The association has:
- national members;
- affiliated members;
- individual members.
References in this charter to membership or members are understood to mean national members, affiliated members and individual members, unless stated otherwise.
4.2 National members
Only organisations qualifying as an adhering body, whether or not in the form of a crystallographic committee, may register as a national member.
4.3 Registration as a national member must be made with the executive committee. The council will decide on the admission of a national member. In the event of registration of a legal entity unable to demonstrate that it is the national crystallographic association of a country, the council will decide whether the registration was made by a legal entity representing the practising crystallographers of a country. No more than one national member can be admitted per country.
4.4 Affiliated members
Legal entities and partnerships with a scientific interest related to crystallography may register as an affiliated member.
4.5 Registration as an affiliated member must be made with the executive committee. The council will decide on the admission of an affiliated member.
4.6 Individual members
Natural persons with a scientific interest related to crystallography may register as an individual member. Registration as an individual member must be made with the executive committee. The executive committee will decide on the admission of an individual member. If the executive committee refuses to admit an individual member, the council may decide to admit that individual member.
4.7 The executive committee shall keep a membership register, in which the names and addresses and/or email addresses of all members and delegates are recorded and in respect of which further specifications may be laid down in the internal regulations. The members and delegates are obliged to inform the executive committee of any changes to these details immediately.
MEMBERSHIP FEE
Article 5
5.1 The members are obliged to pay a membership fee to the association, the amount is determined by the council on the proposal of the executive committee. The new membership fee will take effect on the first of the month following the month in which the new membership fee was determined.
5.2 The amount of the membership fee of national members will depend on the number of members represented by a national member. Further rules on this may be laid down in the by-laws.
5.3 The executive committee may divide the members into categories paying different membership fees.
END OF MEMBERSHIP. SUSPENSION
Article 6
6.1 National membership ends:
- if and as soon as a national member ceases to exist;
- if and as soon as a national member no longer complies with the provisions of article 4.2;
- as a result of bankruptcy of the national member;
- as a result of notice of termination given by the national member;
- as a result of notice of termination given by the association;
- as a result of disqualification. Affiliate membership ends:
Affiliate membership ends:
- if and as soon as an affiliate member ceases to exist;
- if and as soon as an affiliate member no longer complies with the provisions of article 4.4;
- as a result of bankruptcy of an affiliate member;
- as a result of notice of termination given by an affiliate member;
- as a result of notice of termination given by the association;
- as a result of disqualification. Individual membership ends:
Individual membership ends:
- as a result of the death of the individual member;
- as a result of notice of termination given by the individual member;
- as a result of notice of termination given by the association;
- as a result of disqualification.
6.2 Members must give notice of termination of their membership in writing by the end of the membership year with due observance of a notice period of four weeks, on the understanding that:
- members may give notice of termination of their membership with immediate effect within one month of being notified of a resolution to convert the association into a different legal form, or to merge or demerge;
- members may give notice of termination of their membership with immediate effect within one month of becoming aware or being notified of a resolution limiting their rights or increasing their obligations – other than monetary obligations – in which case the resolution is not applicable to them.
6.3 Notice of termination of a membership by the association must be given by the executive committee. Such notice may be given if a member no longer complies with the membership requirements, if he fails to fulfil his financial or other obligations towards the association, and if it cannot be reasonably required from the association to continue the membership. Notice of termination given by the executive committee will take effect immediately.
6.4 Notice of termination given contrary to the provisions of article 6.2 will cause the membership to end at the earliest permissible time following the date by which notice of termination was given.
6.5 Disqualification from membership will be effected by the council. This can only be pronounced if a member acts in violation of the charter, regulations or resolutions of the association, or if the member unreasonably harms the association. Disqualification causes the membership to end with immediate effect.
6.6 The disqualification resolution of the council as described in paragraph 5 of this article must be adopted by a majority of at least three fourths of the votes validly cast.
6.7 If the membership ends in the course of a membership year, the annual fee will nonetheless remain payable in full.
6.8 The executive committee may resolve to suspend a member. A suspension that is not followed within six months by a resolution to end the membership shall end by the expiry of that term.
6.9 A suspended member continues to have its obligations towards the association for the duration of the suspension, although he does not have any rights and will not be admitted to council meetings, except if and in so far as the suspension of the member concerned will be discussed during that council meeting.
EXECUTIVE COMMITTEE
Article 7
7.1 The executive committee consists of at least seven natural persons, with the total number of members to be determined by the council.
7.2 The officers will be appointed by the council, on the understanding that:
- an officer:
- may not be related to another officer, in which connection related is defined as: blood relatives and relatives by marriage up to and including the fourth degree, in which connection cohabitation is considered equivalent to a marriage;
- may not have a relationship with another officer, in which connection a relationship is defined as: a marriage, registered partnership or cohabitation or conducting a joint household in any other way;
- may not act as a delegate as well;
- candidates may be nominated for the executive committee by the executive committee itself and on the proposal of at least five members, and further rules regarding the nomination of candidates may be laid down in the internal regulations;
- all officers will therefore be appointed without consulting the members.
7.3 Each officer fulfils his task independently and not bound by any instructions.
EXECUTIVE COMMITTEE: OFFICES. DURATION. END OF EXECUTIVE COMMITTEE MEMBERSHIP. ABSENCE OR INABILITY TO ACT. SUSPENSION
Article 8
8.1 The executive committee consists of a president, a vice-president, a secretary, a treasurer, a past-president and an education coordinator. Other officers will be called general officer. Each officer will be appointed as such to his office by the council, on the understanding that:
- an officer may fulfil the same office within the executive committee for six years, except for the office of president;
- the office of president may be fulfilled for no more than three years;
- the president after his resignation as president can only be reappointed to the office of past-president.
8.2 The executive committee is chosen in its entirety. The officers will be appointed for a term of three years.
8.3 An officer is may be reappointed once for a period of three years. An officer will be eligible for reappointment as an officer (and for any subsequent reappointment) only after the expiry of a period of three years.
8.4 An officer appointed to fill an interim vacancy will take the place of the person whose vacancy he was appointed to fill.
8.5 The executive committee membership of the person filling an interim vacancy (the “deputy”) commences on the date on which this person accepted his executive committee membership in writing. Acceptance by a deputy will take place in writing on a date following the date his predecessor retired.
8.6 The term of a “deputy” ends when three years have lapsed after the appointment of the officer whose interim vacancy he was appointed to fill (the originally appointed officer).
8.7 A deputy of a deputy will also resign no later than three years after the appointment of the officer whose interim vacancy the first deputy in line was appointed to fill (the originally appointed officer).
8.8 An officer will retire as a result of:
- his death;
- his voluntary dismissal (retirement);
- his dismissal by the council;
- losing the capacity on the basis of which he was appointed.
- losing his right to dispose of his property;
- the expiry of the term for which he was appointed;
- his irrevocable conviction of a crime as referred to in Section 67(1) of the Dutch Code of Criminal Procedure.
8.9 If an officer is absent or unable to act, the remaining officers will be charged with the management. In the absence of one or more officers, the remaining officers or the sole remaining officer will constitute a quorum. Vacancies must be filled as soon as reasonably possible. In case of absence or inability of all officers, the association will be governed by one or more persons appointed by the council. For the acts of management carried out during this period, the persons appointed shall be assimilated to an officer.
8.10 Absence occurs if a vacancy arises as a result of the retirement or dismissal of an officer and no immediate successor is appointed or as a result of the death of an officer. Inability to act occurs in any case if an officer as a result of:
- suspension;
- illness lasting longer than one month; or
- inaccessibility lasting longer than one month,
is temporarily not authorised or capable of carrying out the tasks or exercising the powers under or pursuant to the law, this charter or the internal regulations of the association.
8.11 Each of the officers may be suspended or dismissed by the council. A suspension that is not followed within three months by a resolution to dismiss shall end by the expiry of that term. A resolution as referred to in this paragraph may only be adopted by a majority of at least two thirds of the votes validly cast.
ADOPTION OF EXECUTIVE COMMITTEE RESOLUTIONS
Article 9
9.1 The executive committee will meet as often as necessary pursuant to the charter or if the president or another officer so desires.
9.2 Resolutions can only be adopted at meetings if at least fifty percent of the officers are present. An officer may not have himself represented at a executive committee meeting by a fellow officer.
9.3 Executive committee meetings can also be held by means of telephone or video conferencing, or using any other means of communication, providing each participating officer can be heard by all the other participants at the same time.
9.4 All executive committee resolutions are passed by a simple majority of votes, unless otherwise provided for in this charter.
9.5 Minutes will be drawn up of the deliberations at a meeting by the person designated for that purpose by the president. The executive committee may resolve that a list of resolutions be drawn up instead of minutes.
9.6 The executive committee may also adopt a resolution (in writing) without holding a meeting, by a simple majority of the votes and only if none of the officers opposes this form of adopting resolutions. The resolution will be included in the report of the next meeting.
9.7 Every officer guards against a conflict of interest between himself and the association.
9.8 An officer who has a direct or indirect personal interest that conflicts with the interest of the association must inform the other officers of this.
9.9 In that event, such officer is obliged to refrain from taking part in the deliberations and adoption of the resolution concerning the matter in respect of which the conflict of interest applies; he does not have the right to vote in respect thereof and he is not taken into account for a possible quorum that applies to the adoption of the resolution. If all the officers have a conflict of interest with the association, the resolution will be adopted by the council.
9.10 The executive committee arranges at all times for a careful record of the resolutions adopted if a conflict of interest arises as referred to in article 9.8.
TASK. POWERS AND REMUNERATION
Article 10
10.1 The executive committee is charged with the management of the association. In fulfilling their tasks, every officer must be guided by the interests of the association and its organisation.
10.2 Testamentary dispositions may only be accepted under the benefit of inventory.
10.3 Provided it has the approval of the council, the executive committee is authorised to enter into agreements for the acquisition, sale and encumbering of property subject to registration, and to enter into agreements whereby the association binds itself as guarantor or as joint and several debtor, warrants performance by a third party or provides security for a debt of a third party.
10.4 Every year, before a time to be determined by the council, the executive committee will draw up a policy plan and corresponding budget, and will submit these documents to the council for approval.
10.5 The officers will in that capacity not receive any remuneration, either directly or indirectly. Officers may – at the discretion of the council – be entitled to reimbursement of the reasonable costs incurred by them when carrying out their duties.
REPRESENTATION
Article 11
11.1 The association is represented by the executive committee. The association may also be represented by:
- two officers acting jointly;
- the president acting independently.
11.2 The executive committee may resolve to grant power of attorney to one or more officers, and to third parties, to represent the association within the limits of that power of attorney. The executive committee may resolve to grant a title to authorised representatives.
11.3 The executive committee shall notify the Commercial Register of the Chamber of Commerce of the granting of a continuous power of representation.
ANNUAL ACCOUNTS. REPORT
Article 12
12.1 The executive committee is obliged to keep records of the association’s financial position and of everything relating to the association’s activities, according to the requirements resulting from these activities, and to keep corresponding books, documents and other data carriers in such a way that the association’s rights and obligations can be known at all times.
12.2 The executive committee will issue an officer’s report regarding the affairs of the association and the policy conducted by it at a council meeting within six months of the end of the association’s financial year, unless this term is extended by the council. It will submit the balance sheet and the statement of income and expenditure with explanatory notes to the council for approval. These documents will be signed by the officers; if the signature of one or more of them is missing, such will be stated while providing the reason therefore. After expiry of the term, each member may claim at law that the joint executive committee members perform these obligations.
12.3 The council will instruct an accountant as referred to in Section 2:393(1) of the Dutch Civil Code to audit the balance sheet and statement of income and expenditure as drawn up by the executive committee. The accountant will give the result of his audit in a report the nature of which will be determined in mutual consultation between the executive committee and the accountant concerned. In this context, legislation applicable to the association will be complied with. This report will be added to the documents to be submitted for approval to the council.
12.4 If the council does not give an accountant the instruction referred to above, or if the accountant does not issue a statement on the fairness of the documents, it will appoint from among the ordinary members an audit committee consisting of at least two persons who may not be members of the executive committee. The committee will audit the documents referred to in the second sentence of article 12.2 and will report its findings to the council. If the audit of these documents requires specialised knowledge of accounting, the audit committee may be assisted by an expert to be paid for by the association, provided the executive committee has given its approval. The executive committee will be required to provide the audit committee, for purposes of its audit, with all such information as it may request and, if so desired, to give it access to the cash and cash equivalents, and to make the books, documents and other data carriers of the association available for inspection.
12.5 The executive committee is obliged to keep the books, documents and other data carriers referred to in paragraphs 1 and 2 for a period of seven years.
COUNCIL MEETING
Article 13
13.1 Every year, within six months of the end of the association’s financial year, a council meeting – the annual meeting – is to be held. At the annual meeting, the following will be addressed, among other things:
- discussion of the executive committee report and the balance sheet and the statement of income and expenditure, including the accountant’s report;
- approval of the balance sheet and statement of income and expenditure;
- approval of the policy conducted by the executive committee in the period to which the executive committee report, the balance sheet and the statement of income and expenditure relate, in so far as this policy is evident from these documents or the results thereof have been incorporated in these documents;
- filling of vacancies, if any;
- the appointment of one or more persons as referred to in article 8.9.
- motions of the executive committee or the members, announced in the notice convening the meeting.
As a rule, the annual meeting will be held during a congress organised by the association or during a congress of the IUCr.
13.2 Other council meetings will be held as often as the executive committee deems desirable.
13.3 Furthermore, the executive committee is obliged, at the written request of at least such a number of members with voting rights (‘councillors’) as authorised to cast one tenth part of the votes, to convene a council meeting within four weeks after the request was submitted. If no action has been taken on the request within fourteen days, the persons who made the request may convene the meeting themselves in accordance with article 15.
COUNCIL MEETING. REPRESENTATION OF THE MEMBERS BY THE DELEGATES
Article 14
14.1 The council of the association is formed by the delegates of the members who are chosen by and from among the members in the manner laid down below in articles 14.2, 14.3 and 14.4.
14.2 delegates of national members
Each national member may appoint one person as its delegate. A delegate of a national member will be appointed as such by the national member concerned. A delegate of a national member cannot at the same time act as a delegate of another national member, an affiliated member or delegate of the individual members.
14.3 delegates of affiliated members
The number of delegates of affiliated members will be determined on the basis of the total number of affiliated members as at the first of January and in the following manner – not bound by a maximum number of votes:
- up to and including one hundred affiliated members: one delegate;
- more than one hundred affiliated members and up to and including two hundred affiliated members: two delegates;
- more than two hundred affiliated members and up to and including three hundred affiliated members: three delegates;
- et cetera.
A delegate of affiliated members must also be a member, officer or employee of an affiliated member. A delegate of an affiliated member cannot at the same time act as a delegate of another affiliated member, a national member or delegate of the individual members.
14.4 delegates of individual members
The number of delegates of individual members will be determined on the basis of the total number of individual members as of the first of January and in the following manner – not bound by a maximum number of votes:
- up to and including one hundred individual members: one delegate;
- more than one hundred individual members and up to and including two hundred individual members: two delegates;
- more than two hundred individual members and up to and including three hundred individual members: three delegates;
- et cetera.
A delegate of individual members must be an individual member himself. A delegate of individual members cannot at the same time act as a delegate of a national member or delegate of an affiliated member.
14.5 Rules regarding the nomination and election of delegates of affiliated members and individual members will be laid down in the by-laws, with due observance of the following provisions:
- delegates of affiliated members and individual members will be elected by the affiliated members and individual members with voting rights, respectively, by means of voting forms – whether or not in digital form – which will be sent by or on behalf of the executive committee to all affiliated members and individual members with voting rights in a timely manner;
- each affiliated member and individual member with voting rights may cast his vote in the manner and within the term stated on the voting form;
- each affiliated member and individual member with voting rights may cast one vote.
14.6 Being a delegate is incompatible with being an officer.
14.7 Delegates are appointed for a period of three years and may be reappointed for an unlimited number of times.
14.8 A delegate retires:
- as a result of his death;
- as a result of his voluntary dismissal (retirement);
- as a result of dismissal by the national member which appointed him as delegate;
- if and as soon as a situation occurs as described in article 14.6;
- by expiry of the term for which he was appointed delegate.
In the internal regulations (by-laws), further rules may be laid down which give rise to or are related to retirement .
14.9 Each delegate is authorised to exercise the rights attached to the membership, on the understanding that:
- each delegate may be present at council meetings;
- each delegate may address council meetings;
- each delegate may exercise the voting right.
14.10 Before a delegate can be admitted to a council meeting, he may be requested to identify himself and, furthermore, to sign an attendance list stating the member represented by him.
COUNCIL MEETING. MANNER OF CONVOCATION. ACCESS. ELECTRONIC ADOPTION OF RESOLUTIONS
Article 15
15.1 Council meetings will be convened by the executive committee. Notices convening a meeting will be given in writing to the addresses of the members and delegates as stated in the membership register. The term for convening a meeting will be at least sixty days, not counting the day of convening and the day of the meeting. The convening notice to each member and each delegate who consents to this may be dispatched electronically by means of a legible and reproducible message to the address that the member or delegate has communicated for this purpose to the association.
15.2 The notice convening the meeting will state the subjects to be discussed at the meeting.
15.3 All non-suspended members, the delegates and officers of the association have access to the council meeting. In addition, a delegate of the IUCr will be invited to attend the council meeting. The delegate of the IUCr may address the council meeting, but he explicitly has no voting right. The council will decide on admission to the meeting of persons other than those specified above.
15.4 The executive committee may resolve that a member is authorised, either in person or through a party holding a written power of attorney, to attend and address the council meeting, and to exercise his voting right at the council meeting, using an electronic means of communication. The use of the electronic means of communication is at the risk of the person entitled to vote.
15.5 For the purposes of article 15.4 it is a requirement that the person entitled to vote can be identified, can directly take note of the business transacted at the meeting and can exercise the voting right by the electronic means of communication. The executive committee may attach conditions to the use of the electronic means of communication. If the executive committee resolves to attach conditions, these will be announced in the notice convening the meeting.
15.6 The executive committee may resolve that a person entitled to vote is authorised to cast his vote prior to the council meeting using an electronic means of communication. Only those persons who are included as persons with voting rights in the association’s membership register at a time to be stated in the notice convening the council meeting are entitled to cast their votes in this manner. This manner of voting is only permitted after the council meeting has been convened, but never earlier than on the fourteenth day prior to that of the meeting and never later than on the day prior to that of the meeting. The executive committee will take care of the registration of these votes and will communicate the votes to the chairman of the council meeting. Persons entitled to vote who have cast their votes in this manner may not revoke their votes. Nor may they cast a new vote at the council meeting. If a member who has cast his votes in this manner is no longer a member of the association at the time of the council meeting, his vote will be deemed to have not been cast.
COUNCIL MEETING. VOTING RIGHT. ADOPTION OF RESOLUTIONS
Article 16
16.1 All delegates of affiliated members, the delegates of individual members and the delegates of non-suspended national members have the right to vote at meetings. Each such delegate has the right to cast one vote. Any votes cast prior to the council meeting using an electronic means of communication will be considered equal to votes cast at the time of the meeting. Delegates are not authorised to vote through a party holding a power of attorney.
16.2 Resolutions will be adopted by a simple majority of the votes validly cast at a meeting at which at least half of the number of delegates is present, unless provided otherwise in this charter.
16.3 Blank votes will be regarded as not having been cast.
16.4 If the votes are equally divided, the motion is rejected.
16.5 Votes for persons shall take place in writing, unless the meeting resolves to vote by acclamation.
16.6 A resolution unanimously adopted by all the delegates, even if not in a meeting, will have the same effect as a resolution of the council meeting, provided it has been adopted with prior knowledge of the executive committee.
16.7 The opinion of the chairman expressed at the council meeting, that a resolution was adopted by the meeting, will be decisive. The same applies to the content of an adopted resolution in so far as voting took place on a motion not laid down in writing.
16.8 If, however, immediately after expressing this opinion, the correctness thereof is challenged, a new vote will be taken if the majority of the meeting or, if the original vote was not taken by roll call or in writing, any attendee holding voting rights so requires. This new vote will nullify the original vote.
CHAIRMANSHIP. MINUTES
Article 17
17.1 Council meetings will be chaired by the president of the executive committee. If the president is absent, the vice-president will act as chairman of the meeting. If the chairmanship is not provided for in this way, the meeting will itself provide for this.
17.2 Minutes of the proceedings at the meeting will be kept by or on behalf of the secretary or another person designated for this purpose by the chairman of the meeting. The content of the minutes will be communicated to the members.
17.3 If a meeting is convened at the request of members with due observance of the provisions of article 13.3 of this charter, the persons who made the request may instruct persons other than the officers to chair the meeting and draw up the minutes.
COMMITTEES AND INTEREST GROUPS
Article 18
18.1 The executive committee may form and disband one or more committees. The executive committee will notify the council of this.
18.2 The executive committee determines the task and powers of the individual committees.
18.3 Committee members are appointed and dismissed by the executive committee.
18.4 An overview of the committees of the association will be included in the internal regulations (by-laws).
18.5 In the internal regulations, further stipulations may be laid down regarding the procedures, tasks and powers of a committee.
18.6 The council may – whether or not on the proposal of the executive committee, at least four national members, at least twenty affiliated members or at least twenty individual members – form and disband one or more interest groups. An interest group is designated as a “Special Interest Group” or a “General Interest Group”.
18.7 The council will determine the task and powers of the individual interest groups and appoint the first members of a working group.
18.8 An overview of the interest groups of the association will be included in the internal regulations – while specifying whether they are a “Special Interest Group” or “General Interest Group”.
18.9 In the internal regulations, further rules may be laid down regarding the appointment of the members of an interest group as well as the procedures, tasks and powers of an interest group.
BY-LAWS
Article 19
19.1 Anything for which further rules are required can be regulated by the internal regulations. Internal regulations may not contain any provisions that are in contravention of the law or this charter.
19.2 The internal regulations will be adopted and amended by the council. The provisions of the following two articles regarding an amendment of this charter apply by analogy to the adoption and amendment of internal regulations.
AMENDMENT OF ARTICLES. MERGER.
Article 20
20.1 No changes may be made to the charter of the association other than by a resolution of the council meeting, for which a meeting has been convened with the announcement that the amendments of the charter will be proposed there.
20.2 At least three months prior to the council meeting, a copy of the motion, in which the proposed amendment is included verbatim, must be available for inspection by the members at a place suitable for that purpose – including the website of the association – until after the day on which the meeting will be held.
20.3 A resolution to amend the charter may only be adopted with a majority of at least two thirds of the votes validly cast. The meeting must be attended by at least two thirds of the number of delegates with voting rights.
20.4 If a meeting at which a motion to amend the charter will be dealt with is not attended by at least two thirds of the number of delegates with voting rights, a new meeting will be convened, to be held at least fourteen days later, but no later than sixty days after the first meeting. At this meeting, a resolution to amend the charter may be validly adopted with a majority of at least two thirds of the votes validly cast, irrespective of the number of delegates with voting rights present.
20.5 The provisions of this article apply by analogy to a resolution to merge or demerge.
Article 21
The provisions of article 20 will not apply if all the delegates with voting rights are present at the council meeting and the resolution to amend the charter is adopted unanimously.
Article 22
The amendment of the charter will not take effect until a notarial deed to that effect has been drawn up. Each officer is independently authorised to have the aforementioned deed executed.
DISSOLUTION
Article 23
23.1 The association can be dissolved by a resolution to this effect by the general meeting. The provisions of articles 20 and 21 apply by analogy.
23.2 After its dissolution, the association continues to exist in so far as this is necessary for the liquidation of its assets. The words: in liquidation (in liquidatie) must be added to its name in documents and announcements issued by it. Liquidation ends when the liquidators are satisfied that all assets are accounted for.
23.3 The officers shall be the liquidators of the assets of the association. The provisions concerning the appointment, suspension, dismissal and supervision of officers remain applicable to them. The other provisions of the charter also continue to apply as much as possible during the liquidation.
23.4 Any positive balance of the dissolved association will be allocated to a legal person within the meaning of Section 5b of the Dutch State Taxes Act, to be determined by the council meeting, which legal person has an objective that is comparable to that of the association or to a foreign institution that serves the public benefit exclusively or almost exclusively and that has a similar objective.
23.5 Following liquidation, the books and documents of the dissolved association will be kept by the person designated for this purpose by the council meeting for a period of seven years.
FINAL STIPULATION
Article 24
The executive committee will have all such powers as have not been conferred on other bodies by law or by the charter.
TRANSITIONAL STIPULATION
The current financial year, which started on the first of January two thousand and twenty-two, ends on the thirty-first of March two thousand and twenty-three.
BY-LAWS
By-Laws of the European Crystallographic Association as decided and agreed upon during the meeting of the ECC in Lisboa but with amendments adopted during Council Meetings between 1997 and 2022.
1. Council
1.1 The agenda of business to be transacted at a meeting of the Council shall be determined by the Executive Committee and shall be dispatched by the Secretary to the Councillors, to the Special Interest Groups, and to the Commissions of the Association at least ten weeks before the meeting.
1.2 Normally all nominations and elections to serve on the Council should be for a three-year term.
1.3 Representatives on the Council of the Individual Members shall be elected by a ballot from a list of all nominations signed by at least six Individual Members. Representatives on the Council of the Affiliate Members shall be elected by a ballot from a list of all nominations signed by at least two Affiliate Members.
1.4 A quorum of the Council shall be the first whole number equal to or greater than one half of the total number of the Councillors.
1.5 All decisions of the Council shall be by a simple majority of those voting, unless specifically stated in the Statutes or By-Laws to be otherwise.If no majority exists, the President may use a casting vote.
2. Executive Committee
2.1 The Executive Committee shall meet at least once each year.
2.2 The Executive Committee shall make nominations to the Council for the Officers of the Association. Normally these nominations shall be made following a communication with the Councillors.
2.3 In the event of the resignation, death or disability of the President, the Vice-President shall assume the office of President until the close of the next ordinary Council meeting. In the event of another Officer cannot carry out his duties the President after consultation with the Executive Committee may appoint or co-opt a new Officer until the close of the next ordinary Council meeting. In any such event, election for the office concerned will take place at next meeting of the Council, following the rules given in By-Law 3. The duration of the office will be up to next election meeting of the Council.
2.4 The President, on his own initiative or at the request of the Executive Committee may invite any individual to be present at a meeting of the Executive Committee. Such an invited guest may take part in the discussions but shall have no voting power.
2.5 Minutes of the meetings of the Executive Committee shall be made. Two copies of the minutes shall be signed by the Chairman and the Secretary of the meeting at which they were approved, and shall be kept by the President and the Secretary.
2.6 The Secretary of the Association is Secretary of the Council and of the Executive Committee. In his absence from a session or meeting another Officer of the Association designated by the Executive Committee shall act as Secretary.
2.7 The President coordinates the activities of the Executive Committee, chairs the meetings of the Council, and does all such things as are appropriate for allowing the ECA to fulfil its purposes. The Vice-President assists the President and assumes his duties in the absence of the President and whenever the President is not able to perform his function. The Secretary is responsible for conducting the ordinary business of the Association, with the exception of the financial administration, and for keeping its records. The Treasurer of the Association is responsible for the financial administration of the Association and for keeping its accounts. The Additional Members of the Executive Committee do all such things as are considered appropriate by the Executive Committee.
2.8 Officers of the Executive Committee need to be Individual Members of the Organization.
3. Nominations and elections
3.1 All delegates (and alternates) shall be notified of the nominations presented by the Executive Committee under By-Law 2.2 for the Officers of the Association as early as possible and in any case at least ninety-six hours before the scheduled commencement of the session of the Council at which the vote is to be taken.
3.2 After the delegates have been notified of the nominations made by the Executive Committee, other nominations for Officers of the Association may be made by any five or more Councillors.
3.3 In voting for the President, Vice-President, Secretary and Treasurer of the Association, each of these offices shall be taken separately and voting shall be by secret ballot. A simple majority of the votes represented by the delegates present at the voting session shall be required for election. If there are two candidates or more for one of these offices, and an election is not achieved after two ballots, the candidate receiving the smallest number of votes in the second ballot shall be removed from the list.
4. Special and General Interest Groups
4.1 A Special Interest Group is a group interested in any particular scientific area of crystallography. A General Interest Group is a networking group focused on career, educational, historical, or other non-scientific aspects of crystallography.
4.2 The formation of a Special or General Interest Group may be approved by the Council on receipt of a formal request from not less than 4 Councillors or 20 individual members.
4.3 Each Special or General Interest Group is represented by a minimum of two officers: Chair and Vice-Chair elected from the Interest Group members. Officers are elected by members of the interest group for a three-year period and for a maximum of two consecutive three-year periods. For approval of a new Special or General Interest Group a founding Chair and a founding Vice-Chair are proposed by the promotors of the interest group.
4.4 The results of elections of interest group officers must be communicated to the Executive Committee within one month after the elections.
4.5 The Chair has the responsibility to promote and coordinate interest group activities, and to report them to the Executive Committee each year. The Chair must ensure that the interest group website is accessible and updated.
4.6 The Executive Committee monitors the work of Special and General Interest Groups. In the case of a continuous lack of communication between Special or General Interest Group officers or other authorized members and the Executive Committee for a duration of 12 months or longer, the Executive Committee considers the interest group ‘dormant’, at which point the interest group is removed from the current ECM program committee. A dormant interest group can be reinstated on resumption of communication and activity to the satisfaction of the Executive Committee.
4.7 The Executive Committee can recommend dissolution of a dormant interest group to the Council.
4.8 The rules and regulations governing each Special or General Interest Group shall be approved by the Council
4.9 Special and General Interest Groups of ECA:
SIG-01 Macromolecular Crystallography
SIG-02 Quantum Crystallography
SIG-03 Aperiodic Crystals
SIG-04 Electron Crystallography
SIG-05 Mineral and Inorganic Crystallography
SIG-06 Instrumentation and Experimental Techniques
SIG-07 Molecular Interaction and Recognition
SIG-08 Powder Diffraction
SIG-09 Crystallographic Computing
SIG-11 Crystallography under Extreme Conditions
SIG-12 Crystallography of Functional Materials
SIG-13 Molecular Structure and Chemical Properties
SIG-14 Dynamics, Disorder, Diffuse scattering (D3)
SIG-15 Crystallography in Art and Cultural Heritage
GIG-01 Young Crystallographers
GIG-02 Senior Crystallographers
GIG-03 Education in Crystallography
5. Meetings and European Crystallographic Meetings (ECMs)
5.1 Individual members are entitled to attend the various kinds of meetings held under the auspices of the Association on payment of a reduced registration charge.
5.2 As a rule, European Crystallographic Meetings (ECMs) will be held two years out of three. The Executive Committee arranges for invitations to be received from potential host organisers and the Council decides upon the choice of dates and places.
5.3 ECM Programme Committee. In order to maintain a high standard in the organisation of ECMs, the Executive Committee appoints no less than two of its members to participate on the programme of the ECM. Special and General Interest Groups are invited to organise microsymposia during ECMs.
5.4 ECM Abstracts. The method of publication of the abstracts of ECMs remains the joint responsibility of the ECA through its Executive Committee and the Program Committee of the ECM.
6. Fees
6.1 The annual dues shall be expressed in terms of a unit fixed by the Council.
6.2 Any decisions to change the value of the unit fee shall be supported by three out of four votes cast. Any proposal by the Executive Committee to increase the unit fee shall be submitted to all Councillors at least three months before the Council is to meet to decide the matter.
6.3 Members of the Association pay fees as follows.
- (a) National Members pay 1 unit per audited member of the Adhering Body otherwise for each practising crystallographer which it represents according to the World Directory of Crystallographers (WDC). Numbers are rounded to the nearest 25 but a minimum of 50 units has to be paid.
- (b) Affiliate Members pay such number of units as decided by the Executive Committee.
- (c) Individual Members pay: 10 units per year – student/retired at the time of payment; 25 units – standard membership per year; 100 units – standard membership per 5 years.
- The National and Corporate Affiliate Members of the Association shall pay the annual fees between the 1st of April and the 1st of September of the year. Individual Members can pay at any time of the year.
6.4 Membership of a Special Interest Group shall not involve any additional fee to the Association, but the officers are required to be Individual Members.
6.5 The value of 1 unit equals 1€.
7. The Satellite conference of an ECM
7.1 The satellites associates to the ECM have to be close (within 2 or 3 days) in time to the ECM. The satellites to ECM must have a close link both geographically and scientifically to the ECM. The satellite activities must be agreed upon with the ECM Committees (Local and Program Committees). For the rest of pre- or post- ECM activities, the blackout period must be observed.
7.2 Applications should be supported by a letter from at least one SIG chair or if no relevant SIG exists by the Chair of an IUCr Commission.
7.3 Dates of other ECA supported conferences must be outside of a blackout period of ±2 weeks around the ECMs, ECSs and IUCr Congresses.
8. The ECA Prizes
8.1 Rules applicable to all ECA prizes
- A prize committee is established for a period of 6 years. Each prize committee consists of 3-5 members apart from the chairperson who is designated by the Executive Committee and is member of the Executive Committee for the Perutz, Bertaut, Lodovico Riva di Sanseverino prize and Sheldrick prizes. The chairperson of the Kálmán prize committee is nominated by the chairperson of SIG-13. The prize committee members are nominated by the Executive Committee, for the Kálmán prize jointly with the Hungarian Chemical Society. In case of a conflict of interest between any of the prize committee members and one of the nominees (e.g. prize committee member is a nominee or close to the nominee) the prize committee members is replaced for the current selection procedure by a temporary member nominated by the chairperson.
- Nominees whose candidature have not been retained for the current selection round, are automatically included in one new subsequent
selection round if they are still eligible. For the Bertaut prize this means the next time the prize is awarded by ECA. - The prize committees should follow established rules and regulations for the selection process. Changes to rules and regulations may be made if supported by a supermajority of the prize committee and
approved by the Executive Committee of ECA. - Each prize committee should reflect the diversity of crystallography as well as the specificity of the prize.
- The minimal information required for nomination to each of the prizes is provided in the guidelines for each prize.
8.2 Max Perutz Prize of the European Crystallographic Association
- The Max Perutz Prize is awarded in recognition of meritorious achievements in any branch of crystallography by a crystallographer having a clear affiliation with the ECA region and being an individual member of the ECA. It can be for leadership or scientific contributions or both.
- The ECA awards the Max Perutz Prize twice in a three-year cycle (year of the General Assembly of the IUCr excluded) at the ECMs, official general meetings of the ECA.
- The president of the ECA appoints the chairperson of the Max Perutz Prize Committee, usually for a three-year period.
- The Max Perutz Prize Committee is an independently convened group that works in confidence to discuss candidacies for the Perutz Prize, and is chaired by a member of the ECA Executive Committee. The president of the ECA monitors due process through general reports from the chairperson of the selection committee, but is in no way involved in the details of the deliberations or conclusions on the individual candidacies of the selection committee.
- The chairperson of the Max Perutz Prize Committee issues a call for nominations approximately ten months before the prize is awarded.
- A candidate for the Max Perutz Prize of the ECA is nominated taking in account the contribution which the candidate has made to the field of crystallography.
- The nominee must have a clear affiliation with the ECA, directly associated with crystallography and a listed member of the World Directory of Crystallography.
- The nominee shall not hold a current position on the ECA Executive Committee or member of the current Max Perutz Prize Committee.
- Nominators may be an (i) ECA individual Member or (ii) any person from a national member of ECA or (iii) any CAM. The nominator must ensure a signed acceptance of the nomination by the nominee.
- The nominator must indicate briefly why the candidate is nominated and may include matters such as publication record and motivate impact. However, uniqueness (i.e. pioneering contributions) and the usefulness of the nominee’s work should always be of prime importance to the selection committee.
- Nominations close approximately five months before the award is made.
- The Max Perutz Prize Committee shall, when two winning candidates equal in stature are identified, give preference to the candidate from a different focus area than that of the previous Max Perutz Prize Laureate.
- Where an Awardee’s research is in collaboration, the credits to the team or to particularly relevant partnerships are naturally expected to be acknowledged by the Awardee, and thereby to be specifically requested in the formal announcement drafting step.
- The candidate receives the award at the official opening of the following ECM and presents a lecture at this occasion.
8.3 Erwin Felix Lewy Bertaut Prize of the European Crystallographic and Neutron Scattering Associations (ECA-ENSA)
- The European Crystallographic Association (ECA) and the European Neutron Scattering Association (ENSA) award a prize in memory of the scientific achievements of the late Erwin Felix Lewy Bertaut, which are cornerstones in both crystallography and neutron scattering.
- The Bertaut Prize is awarded to a young scientist (up to 8 years after finishing her or his PhD thesis) having a clear affiliation with the ECA/ENSA region, in recognition of notable experimental, methodological or theoretical contributions to the investigation of matter using crystallographic or neutron scattering methods.
- ECA and ENSA will award the Bertaut Prize in a regular alternating sequence, or as specified by the two associations based on mutual agreement.
- A selection committee is in place for the evaluation of the Bertaut Prize nominations. The positions of chair and deputy chair of this selection committee will be filled by one member of the Executive Committee of the ECA and by one member of the ENSA Executive Board. Whichever of the two associations organizes the price ceremony, will hold the position of the chair of the selection committee for that year. The chairperson of the Selection Committee issues a call for nominations approximately eight months before the Bertaut Prize is awarded.
- Nominations for the prize may be submitted by European scientists as individuals (self-nomination allowed) or on behalf of a group. Nominators may be (i)an ECA/ENSA Individual Member or (ii) any person from a national member of ECA/ENSA or (iii) any Corporate Associate Member (CAM). The nominator must ensure a signed acceptance of the nomination by the nominee. In case of self-nominations three recommendation letters should be provided.
- Nominations should include the motivation for the award, a brief curriculum vitae of the nominee and a short list of major publications. Letters of support from authorities in the field are accepted.
- Nominations for the Bertaut Prize will be treated in confidence and, although they will be acknowledged, there will be no further communication.
- Nominations close approximately four months before the Bertaut Prize is awarded.
- Nominations for the Bertaut Prize will be evaluated by the Selection Committee specified above. The Selection Committee considers the candidates, selects the winning candidate by a clear majority. The chair of the selection committee forwards the name of Bertaut Prize winner to the President of his or her association, who makes the announcement.
- The Bertaut Prize ceremony is held at European conferences organized by ECA or ENSA. The two Associations will decide on an alternate timing of the venue of the prize ceremony and organize the call for nominations according to their respective schedules of conferences.
- The candidate receives the Bertaut Prize at the following ECA/ENSA meeting and presents a lecture on this occasion.
8.4 Other prizes
ECA may cooperate with international or national partner organisations in awarding science prizes in the general area of crystallography., e.g. by endorsing a prize awarded by the partner organisation.
Such prizes must have an international or European character. Within the area of European cooperation, there should be no restrictions on the geographical origin of the nominating or nominated scientists.
ECA does not assume any financial responsibility or liability for such prizes.
ECA must be involved in selecting the awardee to ensure an equal level of scientific excellence among prize winners.
ECA should gain visibility by cooperating with partners in awarding science prizes, and the extent of ECA’s involvement in the prize should be transparent.
Science prizes covered under this category:
- The International Kálmán Prize of the Hungarian Chemical Society (HCS) and the European Crystallographic Association is awarded to eminent researchers in the field of structural sciences for outstanding scientific contributions within the last 5-10 years. The International Kálmán Prize preserves the memory of the late Alajos Kálmán, an eminent scientist in the field of chemical crystallography. The International Kálmán Prize is endorsed by ECA. The prize consists of a medal and a financial award. In ECM years, calls for nominations to the International Kálmán Prize are published jointly by HCS and ECA. An award ceremony for the International Kalman Prize will be organised at the European Crystallographic Meeting.
- The George M. Sheldrick Prize is awarded to a non-tenured researcher having a clear affiliation with the ECA region for outstanding scientific contributions in the field of structural sciences. The prize consists of a medal and a financial award. In ECM years, calls for nominations to the George M. Sheldrick prize are published by ECA. An award ceremony for the George M. Sheldrick prize will be organised at the European Crystallographic Meeting. The George M. Sheldrick prize is awarded twice in a three-year cycle (year of the General Assembly of the IUCr excluded).
- The Lodovico Riva di Sanseverino Prize of the International School of Crystallography and the European Crystallographic Association is awarded to scientists having a clear affiliation with the ECA region, in recognition of notable contributions to the dissemination of crystallography in the field of education at all levels. An award ceremony for the Lodovico Riva di Sanseverino prize will be organised at the European Crystallographic Meeting. The prize is awarded every three years.