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Article IX Statuut van de Ontwikkelingsbank van de Raad van Europa

Section 1

The Governing Board shall consist of a Chairman and one representative appointed by each Member. Each Member may appoint a substitute.

The Secretary General of the Council of Europe may participate in or be represented at the meetings.

Section 2

The Governing Board is the supreme organ of the Bank; it shall be vested with all powers in respect of the Bank, save the right to change its purposes as stipulated in Article II of the Articles of Agreement.

Section 3

1 The Governing Board shall

a. determine the conditions upon which Council of Europe Member States become Members of the Bank;

b. authorise European States not members of the Council of Europe and international institutions with a European focus to become Members of the Bank and lay down the conditions for such authorisation and the number of participating certificates to be subscribed by such members;

c. adjust the apportionment of the capital among Members as shown in the table appended to the present Articles of Agreement;

d. increase or reduce the authorised capital and fix the proportion of the subscribed shares to be paid up and the dates by which payment must be made;

e. ensure compliance with the aims stated in the Articles of Agreement;

approve the Bank's annual report, accounts and other financial statements;

provide general guidelines concerning the institution's activity;

f. suspend or terminate the Bank's operations and, in the event of liquidation, distribute its assets;

g. suspend a Member;

h. amend these Articles of Agreement, without, however, making any change in their stated aims;

i. interpret these Articles of Agreement and determine any appeals against decisions concerning the interpretation or application of the Articles of Agreement;

j. authorise the conclusion of general agreements on co-operation with other international organisations;

k. elect the Chairman of the Governing Board and the Chairman of the Administrative Council;

l. appoint the Governor and, as necessary, on a proposal by the Governor, one or more Vice-Governors, one of whom shall replace the Governor in the latter's absence, and remove them from their posts and accept their resignation;

m. appoint the members of the Auditing Board;

n. appoint the external auditor and lay down his terms of reference;

o. draw up its Rules of Procedure;

p. exercise such other powers as are expressly assigned to the Governing Board in these Articles of Agreement.

2 The Governing Board shall make its decisions regarding litt. d. and f. on a proposal by the Administrative Council, and on litt. c., m. and n., after hearing the latter. The Administrative Council shall give its opinion on all other decisions with financial consequences.

3 All powers other than those set forth in Section 3 paragraph 1 above shall be delegated to the Administrative Council.

The powers delegated to the Administrative Council in these Articles of Agreement may be reassumed only in exceptional circumstances and for a specified period.

4 The Governing Board shall meet once a year. It may, if necessary, hold additional meetings.

5 The Governing Board may when necessary invite representatives of international organisations or any other interested person to participate in its proceedings without the right to vote.

Section 4

a Decisions taken by the Governing Board at its meetings shall be valid only if two-thirds of its Members' representatives are present.

Decisions shall be taken by voting. Only votes in favour and against shall count for the purpose of calculating majorities.

b Decisions may also be taken in writing between meetings.

c Each Member of the Bank shall have one vote for each participating certificate held by it.

d Any Member which has failed to pay on time the part of the capital falling due may not, for as long as such non-payment persists, exercise the voting rights corresponding to the sum due and not paid up.

e Decisions shall be reached by a majority of the Members voting in favour or against and holding two-thirds of the votes cast.

f A majority of three-quarters of the Members voting in favour or against and holding three quarters of the votes cast, shall be required for:

- the decision provided for in Section 3. paragraph 3. of this Article;

- adjustments to the apportionment table appended to these Articles of Agreement not resulting from the admission of new Members which are made pursuant to Section 3. paragraph 1. litt. c.

g The decisions referred to in Section 3. paragraph 1. litt. f. and h. shall be taken by an unanimous vote of the Members casting a vote.

Section 5

The Governing Board shall be chaired by a Chairman elected by it for a three-year term.

The outgoing Chairman may be re-elected for a further three-year term. Each Member of the Bank is entitled to present a candidate.

The Chairman shall be responsible for political relations with officials of the States, the Council of Europe and other international institutions, in close co-operation with the Governor.

The Chairman shall keep the Committee of Ministers and the Parliamentary Assembly regularly informed of the Bank's activities; he shall, inter alia, forward the Governor's report to the Committee of Ministers and maintain all other necessary contacts with the Council of Europe.

Regeling
Statuut van de Ontwikkelingsbank van de Raad van Europa
Soort
Verdrag
Geldend vanaf
18-03-1997
BWB-id
BWBV0001234
Versie
1997-03-18_0

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