OF THE EUROPEAN GROUPING OF TERRITORIAL COOPERATION (E.G.T.C.) with the form of CIVIL NON PROFIT COMPANY under the trade name “AMPHICTYONY - NETWORK OF TWINNED CITIES AND AREAS OF THE MEDITERRANEAN” (hereafter “E.G.T.C. AMPHICTYONY”)
The Mediterranean, our sea, is the lake of its Peoples. Those Peoples marched through time and space, alone, sometimes as nomads and tribes and later as independent entities or in the shadow of great empires, with periods of peaceful co-existence, rivalries, friendships, defeats and victories highlighting civilizations whose roots can be found throughout the modern world, always having as common denominator the history written in this particular part of the world.
Europe, the old continent, is the common land of its peoples. They are invited, beyond any racial, political, social, economic, religious, cultural prejudices of the past to proceed, under this umbrella, today and tomorrow in an environment of lasting peace, democracy, justice, equality, cooperation, solidarity and growth, with respect to the natural, built and human environment. By understanding the diversity and by promoting the intercultural dialogue as components of social cohesion and of the shared identity.
Maintaining relations of cooperation and twinning with one another, the Twinned Municipalities, Associations and Areas of the Mediterranean believe that it is a matter of great importance for their peoples to live in a continuously peaceful environment and one of constant development, financially effective, socially just and environmentally viable with cohesion and security in their areas.
The Twinned Municipalities, Areas and their Associations of the Mediterranean, members of the AMPHICTYONY Network of Twinned Cities and Areas of the Mediterranean that was established with its 1997 charter, realizing the need to adjust the existing charter to the Regulation EK 1082/2006 of the European Parliament and Council of July 5th 2006 for the European Grouping of Territorial Cooperation, decide to amend the Charter of AMPHICTYONY as follows in order for it to evolve into an E.G.T.C Network.
ARTICLE 1: TRADE NAME - LEGAL FORM
The trade name of the E.G.T.C to be established is “AMPHICTYONY of Twinned Cities and Areas of the Mediterranean, European Grouping of Territorial Cooperation” and will be called E.G.T.C AMPHICTYONY in brief.
“E.G.T.C AMPHICTYONY.” consists of Twinned Self-government Organizations of the 1st and 2nd degree, Associations of a Self Government nature as well as Regions of the countries in the Mediterranean and is organized as a civil company of a non profit nature governed by the provisions of the Articles 741-784 of the Civil Code of the Regulation (EK) 1082/2006 of the European Parliament and the Council of July 5th 2006 (hereinafter “Regulation”) and of this present Charter.
ARTICLE 2 : SEAT
Athens is set as the seat of E.G.T.C. AMPHICTYONY.
ARTICLE 3: TERRITORY
The territory on which E.G.T.C. AMPHICTYONY can perform its duties and organize the cooperation among its members is the one that is defined by the total of the ground area of the administrative-territorial responsibility or jurisdiction of the members of E.G.T.C.AMPHICTYONY
ARTICLE 4: AIMS AND DUTIES
4.1 The main aim of E.G.T.C AMPHICTYONY is for the people of the Mediterranean to live in a continuously peaceful environment and one of constant development, financially effective, socially just and environmentally viable with cohesion and security in their areas.
4.2 The duties and operational objectives of E.G.T.C AMPHICTYONY that contribute to the achievement of its goal are the following:
The joint action and co-operation amongst its members
The respect in all levels of the principles of freedom, democracy, justice, security and protection of the environment.
The facilitation and promotion of cross border, interstate and/or interregional co-operation, with a view to reinforcing social and financial cohesion among its members.
The realization of programs that are co-funded by the European Union (E.U.) through the European Fund of Regional Development, the European Social Fund and/or the Cohesion Fund
The realization of actions of territorial co-operation amongst its members with or without the E.U.’s financial contribution
The collaboration with scientific centers and institutions, established in the countries of the Mediterranean, with E.U. institutions and International organizations, Self-government or not.
Exchange of information, experiences, promotion and application of successful practices among its members
Access to information and knowledge by means of utilizing data banks, new technologies and the development of the information society
The research, pursuit, preservation, promotion and utilization of the cultural identity of the Peoples of the Mediterranean towards the safeguarding of intercultural dialogue, the development of bonds of friendship, co-operation, respect and acceptance of diversity.
Strengthening the participation of the Citizen and the agencies of the Local Societies within the frame of territorial, financial and social collaboration among its members
4.3 The duration of “E.G.T.C AMPHICTYONY.” is determined at twenty five (25) years and can be extended following a resolution of the General Assembly in accordance with Article 10 of its Charter.ARTICLE 18
4.4 The termination of “AMPHICTYONY” occurs after a resolution of the General Assembly, taken with a majority of 2/3 of its members.
Following a petition made by any competent authority that has legitimate interest, the competent court or supervising authority provided in article 4 of the Regulation decides the termination of “E.G.T.C AMPHICTYONY.” for the reasons that are mentioned in the article 14 paragraph 1 of the Regulation.
The competent court or administration authority can set a deadline in order for it to remedy the situation. If “E.G.T.C AMPHICTYONY.” does not comply, the competent court or administration decides on its termination.
In case of termination whatever assets, real or movable, have been created are distributed among the members of “E.G.T.C AMPHICTYONY.” according to the share of each one of them.
ARTICLE 5: DURATION
ARTICLE 6 : SOLUTION
ARTICLE 7: MEMBERS OF “AMPHICTYONY”
5.1 The members of E.G.T.C AMPHICTYONY. are the following
The Municipalities of Aghioi Anargyroi-Kamatero, Aghia Varvara Attikis, Aghios Dimitrios Attikis, Alimos, Almopia, Acharnes, Dafni-Imittos, Dionisos, Dorida, Ilion, Karditsa, Leipsoi, Lokroi, Molos - Agios Konstantinos, Nikaia-Aghios Ioannis Renti, Nea Propontida, Orestiada, Paiania, Paleo Faliro, Preveza, Pilea - Chortiatis, Rafina-Pikermi, Saronikos, Skyros, Sofades, Stylida, Hydra, Filadelfia-Chalkidona, Fyli, Chalkida, Chios.
The Municipalities of Kerynia, Larnaka, Lefkara, Lysi, Morfou, Paralimniou, Voroklini.
Comunita Montana della Murgia Tarantina, Comunita Montana Murgia Barese, Comune di Bova Marina
Commune De Garons
5.2 It is agreed that Local Government Organizations of the 1st and 2nd degree, Associations of Local Government nature as well as Regions of the countries of the Mediterranean that are part of the EU can in the future become members of “E.G.T.C AMPHICTYONY” in accordance with what is provided by the Regulation (article 4) as well as third countries of the Mediterranean as it is noted in the foreword of above Regulation and the charter of E.G.T.C.AMPHICTYONY
5.3 Those Local Government Organizations, Associations and Regions of the countries of the Mediterranean that wish to become members of “E.G.T.C AMPHICTYONY”, should submit an application to the Board of Directors, which makes the relevant recommendation in the first General Assembly after the submission of the petition. The Board of Directors examines the request for the entrance of a new member on condition that the local national authority has first given its relevant approval, in accordance with article 4 of the Regulation.
5.4 Apart from the cases provided by article 13 of the Regulation, members of “E.G.T.C AMPHICTYONY” shall cease to be so if for two consecutive years fail to comply with their financial obligations or those specified in the Charter, or fail to carry out the tasks they have undertaken or do not act in accordance with the objectives and aims of “E.G.T.C AMPHICTYONY”.
The General Assembly is the competent body to decide on whether a member of “E.G.T.C AMPHICTYONY” will cease to be one, with a resolution taken by the majority of the total of its members.
Members wishing to resign should notify the Board of Directors in writing and with the appropriate justification at least six (6) months before the annual Ordinary General Assembly. The resolution to resign does not exempt the member from its financial obligations to “E.G.T.C AMPHICTYONY”.
ARTICLE 8: APPLICABLE LAW
The applicable law for the interpretation and application of the present contract, the definition of the relations between E.G.T.C AMPHICTYONY. and its members and the settlement of any issues that may arise during its operation is the law of the country of its seat, i.e the Greek law, subject to the application, when it is required, of the rules of the E.U. law.
ARTICLE 9: FINANCIAL AUDIT AND MANAGEMENT MATTERS
The audit of the management of the public funds of E.G.T.C AMPHICTYONY. is conducted by the competent Greek authorities in accordance with what is defined in the provisions of article 4 of the number 36808/2008 (Greek Government Gazette Issue 1262/B/1-7-2008) Joint Ministerial Resolution of the Ministers of Interior, Economy and Finance, and Foreign Affairs regarding the Settlement of issues for the implementation of Regulation (EK) 1082/2006 of the European Parliament and the Council of July 5th 2006 for the European Group of Territorial Cooperation (E.G.T.C.).
The audit of the management of E.U. funds in particular is conducted according to what is provided by the local national or E.U. legislation
All audits are conducted in accordance with the internationally accepted standards of financial auditing.
ARTICLE 10: AMENDMENT OF THE CONTRACT
Any amendment of the present contract is approved by the member states in accordance with the procedure described in Article 4 of the Regulation. Without the aforementioned approval, no amendment of the contract and by extension of the Charter of E.G.T.C AMPHICTYONY. will be legally conducted.
The overdue publication of the announcement for the establishment of E.G.T.C AMPHICTYONY. in the Official Gazette of the E.U. in accordance with the article 5 of the Regulation does not render its establishment void.
ARTICLE 11: ORGANIZATIONAL STRUCTURE
The bodies of “E.G.T.C AMPHICTYONY.” are:
- The Board of Directors
- The President of the Board of Directors
- The Executive Committee
- The Audit Committee
ARTICLE 12: GENERAL ASSEMBLY
10.1 The General Assembly of the members of “E.G.T.C AMPHICTYONY.” is the supreme body that elects the Board of Directors as well as the Auditing Committee.
It approves the administrative and financial report of the Board of Directors, the annual budget, the admission of new members as well as their expulsion, and the grant of the status of observer. It defines the general policy of “E.G.T.C AMPHICTYONY.” and in general decides on any issue referred to it.
10.2 The General Assembly of the members of “E.G.T.C AMPHICTYONY” consists of the total of the representatives of its members, who must be elected, and meets ordinarily once a year in its seat and extraordinarily whenever the Board of Directors decides so or when it is requested by the 1/3 of the members of the G.A with a request submitted to the Board of Directors defining the items on the agenda.
It is possible for the G.A to meet in a city – seat of a member of “E.G.T.C AMPHICTYONY” if this has been proposed by the corresponding member and the proposal has been accepted by the GA of “E.G.T.C AMPHICTYONY”
An invitation for the meeting of the GA, which shall state the items on the agenda, is sent to its members. The period of time between the delivery of the invitation and the holding of the annual ordinary General Assembly cannot be less than thirty (30) days and for the extraordinary General Assemblies fifteen (15) days.
10.3 Each Self Government Organization of the 1st or 2nd Degree, Association or Region is represented in the GA by one representative if the population is up to 10.000 inhabitants, two representatives if the population is up to 30.000 inhabitants and three representatives if the population exceeds 30.000.
Representation of the members is defined as follows:
If, in accordance with the aforementioned, the representative is one, then the representative is the Mayor, the Prefect, the President of the Association, the Head of Region, or their legal representative. In the case when a member is represented by two representatives, then one of them is appointed the head of the greater minority or a representative appointed by him
In the case when the member is represented by three representatives the third one is designated by the appropriate higher collective body of administration of the member. Each representative has one vote in the G.A.
10.4 The General Assembly is in quorum if half plus one of the paid up members are present
In the event of non-quorum, the General Assembly is repeated the next day, the same time, regardless of the number of members present.
The duties of the President of the General Assembly are carried out by the President of the Board of Directors until the election of the presidium of the General Assembly.
Elections are conducted with a single ballot.
ARTICLE 13: BOARD OF DIRECTORS
The Board of Directors consists of thirteen (13) members, which are elected by the G.A. in a secret voting and which then elect in a session, by absolute majority of its members, the President of the Board, the 1st and 2nd Deputy President, the Secretary and the Treasurer. The first five (5) members to receive the greater number of votes after the election of the thirteen (13) members of the Board of Directors will be their substitutes.
The term of office of the members of the Board is in accordance with the Municipal term of office of the country of seat of the EGTC. This two-year term of the Board can be extended until the election of the new Board of Directors but cannot exceed the three (3) months.
If during its term a member of the Board of Directors dies, resigns or loses his electivity for any reason, he will be replaced in the next GA by the first, in order of priority, substitute.
Similarly, the member of the Board of Directors is replaced if, for any reason, the representation relation with the member that has appointed him ceases or ends.
The Board of Directors can set up working committees to assist it in its work consisting of its members or members of the General Assembly or third parties that have experience or special knowledge regarding the issues that concern “E.G.T.C AMPHICTYONY”. It is possible for staff of the members of “E.G.T.C AMPHICTYONY” to participate in these committees.
ARTICLE 14: THE PRESIDENT OF THE BOARD
The President of the Board represents “E.G.T.C AMPHICTYONY” in front of any court, any national or community authority and any international body or organization. It takes any necessary actions on its behalf binding it to third parties. The President signs all documents and orders of payment. He can assign part of his competences to the Deputy Presidents and to the Director the right to sign certain types of documents
ARTICLE 15: THE DIRECTOR
The Director is responsible for the smooth and unimpeded operation of the services of “E.G.T.C AMPHICTYONY.”
The Director deals with all the matters designated to him by the President of the Board of Directors, proposes measures and actions to the Board, makes sure the resolutions of the Board of Directors are strictly observed and is responsible for the coordination of the actions of “E.G.T.C AMPHICTYONY”.
The Director is appointed with a resolution of the Board and does not have to be elected.
ARTICLE 16: THE AUDIT COMMITTEE
The Audit Committee consists of three (3) members that are elected at the same time as the Board of Directors for a term of two (2) years. The two (2) members with the most votes, after the election of the three (3) members of the Audit Committee, are its substitute members.
The task of the Audit Committee, which elects its Chairman at a meeting of its members after their election, is to audit the management of the financial proceedings at the end of the financial year and before the approval of the new budget by the General Assembly. It is possible for this audit to be conducted at any time following the request of the Board of Directors.
The relevant report is submitted to the General Assembly as well as the Board of Directors if the Board has requested the aforementioned audit.
ARTICLE 17: THE EXECUTIVE COMMITTEE
The Executive Committee (E.C.) consists of the Chairman, the Secretary and the Treasurer of the Board.
The task of the Executive Committee is to handle the current affairs of “AMPHICTYONY”. The Board of Directors decides on the characterization of certain affairs as current and with its resolution the Board can transfer to the Executive Committee certain of its competences in order to facilitate its effective operation, such as the approval of expenses within the limits of the budget adopted by the General Assembly etc.
The Executive Committee is obliged to inform the Board regarding the actions it has taken, within the frame of the competences transferred to it, in the first Board meeting after these actions were carried out. The Board approves or not these actions of the Executive Committee. A possible non-approval of the Board of Directors cannot oppose any bona fide third parties.
ARTICLE 18: ONE-MEMBER BODIES
16.1 The President is supported by two Deputy Presidents. The Deputy Presidents substitute the President in the order of their appointment when he is incapacitated, and also have the competences transferred to them.
16.2 The Secretary is responsible for keeping the minutes of the sessions of the Board of Directors and prepares with the President the issues on the agenda.
16.3 The Treasurer is responsible for the funds of “E.G.T.C AMPHICTYONY.” and makes payments with orders bearing his signature and which must also bear the signature of the President. He follows and is informed about the account of “E.G.T.C AMPHICTYONY.” that is kept in a bank.
ARTICLE 19: WORKING LANGUAGES
The official languages of “E.G.T.C AMPHICTYONY.” will be all the languages of its members.
The Greek, the English, the French and the Italian languages are defined as working languages.
ARTICLE 20: OPERATION OF E.G.T.C.
“E.G.T.C AMPHICTYONY.” employs staff with a relationship of dependent employment of private law. It is employed according to the rules that govern the civil companies of a non-profit nature of the Greek Organization of Local Self Government.
At the same time, it is possible to detach to “E.G.T.C AMPHICTYONY.” staff that works with any kind of employment relationship in agencies of the wider public sector of article1 paragraphs 2 and 3 of law 2000/1991.
Furthermore, “E.G.T.C AMPHICTYONY.” can enter into contracts of work or provision of services for special issues with third parties of corresponding knowledge or experience as well as to use staff through program contracts for the execution of programs and projects of territorial cooperation with Local government agencies and agencies of the public sector.
As for the secretarial support, it will apply what is provided in the article 219 of the law 3463/2006 “Code of Municipalities and Communities” of the Greek State.
ARTICLE 21: FINANCIAL RESOURCES
The financial resources of “E.G.T.C AMPHICTYONY.” are:
The annual contribution of its members, the amount of which as well as the criteria for its estimation is determined by the General Assembly with its resolution following a feasibility study and a proposal by the Board of Directors.
Grants provided by the state either by Self government agencies, the European Union or by National and International Organizations
Funding for the realization of territorial co-operation programs, which come from the Community, mostly from the structural funds within the frame of the regulation (EK) number 1083/2006 and the regulation (EK) number 1080/2006 of the European Parliament and the Council dated July 5th 2006 for the European Fund of Regional Development.
Donations or property given by agencies or private citizens, which the Board of Directors may justifiably accept or not
Resources from the exploitation of the real or movable property of “E.G.T.C AMPHICTYONY.”.
ARTICLE 22: LIABILITY - JURISDICTION
20.1 “E.G.T.C AMPHICTYONY.” is liable for its debts of any kind
20.2 “E.G.T.C AMPHICTYONY.” is liable for the actions of its bodies against third parties even when these actions do not fall into the duties of “E.G.T.C AMPHICTYONY.”
20.3 Third parties, who think that actions or omissions of “E.G.T.C AMPHICTYONY.” are detrimental to them, are entitled to put forward their claim in court. To the extent that the assets of “E.G.T.C AMPHICTYONY.” are not sufficient to meet its financial obligations, the members of “E.G.T.C AMPHICTYONY.” are liable for its debts of any kind. The share of liability of each member is determined according to its contribution..
20.4 The courts determined by the community legislation regarding jurisdiction will be competent for settling the differences that arise concerning “E.G.T.C AMPHICTYONY.”. In any other case, the corresponding courts of Athens will be competent subject to what is defined in article 15, paragraph 2, section c of the Regulation.
ARTICLE 23: VALIDITY – AMENDMENT PROCEDURES OF THE CHARTER
21.1 This Charter as well as its amendments of any kind are registered and published in accordance with the provisions of the Greek and European law and from that moment “E.G.T.C AMPHICTYONY.” becomes a legal entity.
2. This Charter, is approved by the General Assembly of the members of “E.G.T.C AMPHICTYONY”, is amended with a resolution of the General Assembly that is taken with a majority of ¾ of its present members. If the amendments are essential, then the relevant approval of the state members is required in accordance with the procedure of article 4 of the Regulation
ARTICLE 24: FINAL PROVISIONS
The existing capital of the Network becomes capital of the Civil Company from the time of its establishment
The members of “E.G.T.C AMPHICTYONY”.
Aghia Varvara Attikis
Aghios Dimitrios Attikis
Molos - Agios Konstantinos
Nikaia-Aghios Ioannis Renti
Pilea - Chortiatis
Comunita Montana della Murgia Tarantina
Comunita Montana Murgia Barese
Comune di Bova Marina
Commune De Garons
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