INTRODUCTORY NOTE TO THE RULES OF THE EUROPEAN FEDERATION OF ASSOCIATIONS OF CERTIFICATION BODIES [EFAC]:
- Serves the interests of accredited European certification bodies providing assessment and conformity certification on a global basis in accordance with the relevant international standards
- Supports the principles and goals of IAF and EA in their efforts to remove technical barriers to trade through arrangements to promote the equivalence of accreditation results on a global basis
- Fosters mutual co-operation and the exchange of information and advice between its members
- Promotes the appropriate display of its logo as an indicator of the reliability, credibility and integrity of the members of the federation
RULES OF THE EUROPEAN FEDERATION OF ASSOCIATIONS OF CERTIFICATION BODIES (EFAC)
1. MISSION STATEMENT
To safeguard and represent the common interests of European associations of accredited certification bodies and individual European accredited certification bodies operating in the fields of product conformity, management system and personnel certification.
The Federation is a non-profit making organisation with the following objectives:
- To promote EFAC within Europe
- To provide a focus for the formulation of policy, opinions and views on matters of common interest to its members
- To promote the collective interest of members in all relevant European and international fora
- A signatory of the Multilateral Recognition Arrangement, [MLA], between members of the International Accreditation Forum, [IAF], or
- A signatory of the MLA between members of the European Co-operation for Accreditation, [EA], or
- A sole officially recognised national accreditation body
Full Membership is open to all European national associations of accredited certification bodies. Associate Membership is available to individual Europe-based certification bodies who are either accredited or actively seeking accreditation, provided that the relevant national association, if any, is not an EFAC member. Members may nominate more than one representative.
The language in which the Federation's business is to be conducted is English.
6.1 General Assembly
6.1.1 A Committee of Members of the Federation shall meet at a frequency determined by the Members. Each Member may send one representative. Additional representatives may attend by agreement of the Chairman.
6.1.2 The Committee of Members shall be responsible for:
- determining and supervising the implementation of the policy and objectives of the Federation
- approving the Rules of the Federation
- establishing sub-Committees and nominating representatives, as appropriate, determining their terms of reference and receiving reports from them
- approving or rejecting applications for membership
- approving rates of subscription, budgets and periodic statements of account
6.1.3 A Committee of Members meeting called the Annual General Meeting (AGM) shall be held within six calendar months of the end of each financial year. The functions of this meeting shall be to:
- receive reports from the Chairman on the business of the Federation and to approve a statement of account
- appoint an auditor to audit the accounts of the Federation
Note: The auditor may be from a member of the Federation
6.1.4 A Special General Assembly may be convened by the Chairman either upon instruction of the Committee of Members or upon written request signed by no fewer than 25% of Full Members stating the purpose for which the meeting is to be convened.
6.1.5 The Chairman of the Federation shall preside at a Committee of Members meeting. If he/she is not present Full Members may elect a Chairman of the meeting from among their number.
6.1.6 Decisions at a Committee of Members meeting shall, where possible, except in the case of changes to the Rules of the Federation and where otherwise resolved at a meeting, be achieved by consensus. Where consensus is not achieved decisions will be reached by a simple majority of the Full Members present or entitled to vote.
A quorum shall consist of 50% of Members.
6.1.7 Proposals for changes to the Rules of the Federation shall come from either the Committee of Members or not less than two Full Members. Not less than six weeks’ notice of a proposal to change the Rules shall be given. Changes to the Rules shall be decided by a simple majority of Full Members present or entitled to vote. A postal ballot of Full Members may be considered for this purpose if considered desirable by the Chairman of the Federation.
6.1.8 Each Full Member shall have one vote. Associate Members and observers have no voting rights.
6.1.9 Voting by proxy, with written authorisation, (of which a copy shall be given to the Chairman), shall be permitted. No Full Member shall hold more than one proxy.
6.1.10 The official and working language of the Federation is English
A Chairman of the Federation shall be elected by Full Members and confirmed at an AGM or Special General Assembly of Members. He will be a Director of the Federation and shall, unless otherwise decided by the Committee of Members, hold office from the date of his confirmation until the AGM held in the next year ending in an even number. The Chairman shall be responsible for:
- implementing the policy and objectives of the Federation
- nominating and briefing Federation representatives
- representing the Federation when required to do so by the Committee of Members
- taking urgent actions on behalf of the Federation between Committee of Members meetings
- making recommendations for approval by the Committee of Members to include budget proposals
- acting on the decisions of the Committee of Members
- making reports, including financial reports, to the Committee of Members and Annual General Meetings
Directors of the Federation shall be elected by Full Members and confirmed at an AGM or Special General Assembly of Members. They shall, unless otherwise directed by the Committee of Members, hold office from the date of their confirmation until the AGM held in the next year ending in an even number.
6.4.1 Elections of the Chairman and Directors shall take place by ballot. Candidates shall be representatives of Full Members, who with their consent, have been proposed and seconded by other Full Members. The election of the Chairman shall be held in advance of the election of Directors. The Chairman and Directors will serve for a period of two years.
6.4.2 Elections will take place either at an AGM or by postal ballot if appropriate. Not less than three weeks notice of an election shall be given.
6.4.3 Elections shall be decided in favour of the candidate receiving the largest number of votes cast. In the event of a tie, the Chairman shall have a casting vote.
7. DISPLAY OF EFAC LOGO
See Annex 1.
8.1 Central Secretariat
The provision of a Central Secretariat shall be the responsibility of the Chairman and be funded from the membership subscriptions.
The Federation shall not be responsible for reimbursing expenses incurred by Members in attending Federation meetings or for any purpose other than as specifically agreed by the Committee of Members.
The Chairman and other Members shall receive no remuneration
9.1 Bank Account
A bank account shall be opened in the country of domicile of the Chairman.
The accounts of the Federation for each financial year shall be verified by an independent third party and submitted by the Chairman for approval by Members at each Annual General Meeting.
The Chairman shall present a budget for the forthcoming financial year, for approval by the Committee of Members.
9.4 Annual Fees
Annual membership fees are to be a flat rate subscription and shall be decided by the Committee of Members and shall be payable within four weeks of issue of invoice.
9.5 Invoices and Payments
The office of the Chairman shall be responsible for raising invoices and making payments. The Chairman is authorised to approve payments/sign cheques up to a value of EUR 5000. Payments above this figure shall be approved in writing by at least two Directors.
10. VALIDITY OF THE RULES TERMINATION OF MEMBERSHIP
10.1 Membership of the Federation implies acceptance of these Rules.
10.2 If a Member intends to terminate its membership of the Federation it shall notify the Chairman of its intention at least six months in advance. The Member shall be liable for all sums due to the Federation at the date of termination. There shall be no refund of sums already paid.
10.3 Members terminating their membership shall have no rights on the assets of the Federation.
10.4 Members no longer complying with the provisions of these Rules shall have their membership withdrawn.
Conditions for the use of EFAC Logo
1. The EFAC logo shall be used only by the EFAC Secretariat and EFAC members with reference to their certification activities.
2. Display of the EFAC logo is aimed at reinforcing the image of the Federation and its members within the marketplace.
3. The EFAC logo may be displayed:
- by EFAC Full Members and their members
- by EFAC Associate Member certification bodies
- on EFAC brochures and documents
- on publicity material
4. Subject to the rules of individual accreditation bodies regarding the display of marks, the members of EFAC Full Members may display the EFAC logo on their certificates. An Associate Member may also display the logo on its certificates.
5. Associate Members and members of Full Members who wish to display the EFAC logo on certificates but who are not accredited by either an Associate EA member and/or a signatory of the EA MLA shall seek the approval of the EFAC Directors. Such approval shall not be granted until a satisfactory audit of the applicant has been conducted under arrangements to be notified by the EFAC Directors. The applicant shall meet all costs associated with the audit.
6. Subject to the above conditions, the EFAC logo may only be displayed on certificates:
- within the period of validity of the certificate
- within the certified scope/area
It may not be displayed on products or their packaging.
7. An electronic version of the EFAC logo shall be available from the EFAC Secretariat.
8. Associate and Full Members shall be responsible for ensuring conformity with these conditions.