Executive Board meeting
Statutes of Güteschutz Kanalbau
(1) The Association is a quality assurance association within the meaning of the RAL Principles for Quality Marks as amended and following registration in the Königswinter Register of Associations bears the name "Gütegemeinschaft Herstellung und Instandhaltung von Abwasserleitungen und -kanälen e.V. - Güteschutz Kanalbau".
(2) The Association is registered in Bad Honnef.
(3) The financial year is the calendar year.
(1) The Association pursues exclusively and directly a not-for-profit purpose within the meaning of the "Tax-privileged purposes" section of the German Fiscal Code.
(2) The purpose of the Association is
- to improve the environmental compatibility of drains and sewers and thereby counteract the contamination of groundwater and soil through leaking sewers;
- to protect the public against danger from inexpert works.
(3) To that end the Association has the duty
- to ensure the quality of the assembly and maintenance of drains and sewers. This includes measures for the construction, renewal, repair, rehabilitation, inspection and maintenance of drains and sewers;
- to identify those services the quality of which is assured with the Sewer Construction Quality Mark;
- to create quality mark statutes and implementing regulations;
- to monitor compliance by quality mark users with the Quality Mark Statutes;
- to obligate quality mark users only to identify with the quality mark those of their services the quality of which is assured;
- to encourage and where necessary itself to conduct training and professional development, seminars and events with the aim of improving the assembly and maintenance of drains and sewers;
- to perform public relations work.
(4) The Association is a charitable organisation and does not primarily pursue its own financial purposes.
(5) The funds of the Association may only be used for purposes defined in the Statutes. Members do not receive any allowances from funds of the Association.
(6) No person shall benefit from expenditure unconnected with the purposes of the Association or shall receive a disproportionately high remuneration.
(7) No one may be excluded from the services of the Association.
(1) Membership of the Association may be acquired by:
- Membership group 1
Business and public institutions that establish and/or maintain drains and sewers and perform these activities as their own service. Public institutions and engineering firms that tender for the assembly and/or maintenance of drains and sewers and/or monitor their construction and perform these activities as their own service.
- Membership group 2
Institutions and persons who represent business and commercial groups if the Association recognises that they have a legitimate interest in quality assurance.
- Membership group 3
Sponsoring companies, institutions and persons who cannot be included in either group 1 or group 2 and do not have the right to vote in the Members' Meeting.
(2) The application must be made in writing to the Managing Director of the Association. Applicants must undertake to recognise the Statutes and to follow the regulations contained therein.
(3) The Executive Board will decide on the application. If the application is rejected, the applicant may lodge an appeal with the Executive Board within 4 weeks of receipt of the decision. Reasons must be given for the rejection of the application and refusal of the appeal.
(1) The Association is available to members in all matters of quality assurance. Members pursuant to § 1 (1) no. 1 have the right to acquire the quality mark for the assembly and maintenance of drains and sewers.
(2) A member may only transfer rights deriving from membership to successors in title. The transfer must be approved by the Executive Board. The Executive Board shall also prescribe the form of transfer.
(3) Members are bound
- to promote the purposes of the Association;
- to apply for award of the quality mark within 6 months of having acquired membership pursuant to § 3 (1) no. 1;
- to comply with the Statutes of the Association, the Quality Mark Statutes, the Implementing Regulations for the Awarding and Holding of the Sewer Construction Quality Mark, the Quality and Test Specifications and the decisions of the Association's institutions pursuant to the Statutes;
- to pay the defined contributions and levies punctually.
(4) Users of the quality mark are responsible for the quality of their own services. Any liability of the Association, its institutions or agents is excluded.
(1) Membership shall end through:
- departure or death;
- the opening of insolvency proceedings.
(2) Departure may only be declared at the end of the financial year with a notice period of 6 months. The declaration must be made by registered letter to the Managing Director.
(3) The Executive Board may expel a member if
- the requirements of § 3 (1) are no longer met;
- a member pursuant to § 3 (1) no. 1 does not apply for a quality mark within 6 months (§ 4 (3) no. 2) of having acquired membership;
- the application to be awarded the quality mark is finally rejected;
- the quality mark awarded has not been used over a period of 6 months;
- the member has repeatedly or grossly violated the rules and regulations of the Association or resolutions of the institutions of the Association pursuant to the Statutes.
(4) The Executive Board will give a member 4 weeks in which to respond to the proposed expulsion.
(5) The expelled member may lodge an appeal with the Quality Committee within 4 weeks of service of the decision on exclusion; a decision on the appeal must be given with reasons within not more than 4 months.
(6) In the case of § 5 (3) no. 4, a possible expulsion may be averted if the member submits evidence of a new positive initial inspection and then resumes use of the label.
(7) Expulsion shall not affect claims of the Association against a member.
(1) The institutions of the Association are:
- the Members' Meeting;
- the Executive Board;
- the Quality Committee;
- the Managing Director.
(2) Rights and obligations of an institution may not be assumed or impaired by another institution.
(3) Any person belonging to an institution of the Association must conduct the business of the Association impartially and treat as confidential any internal business and operational secrets of members of which he becomes aware in the course of his duties.
(1) The Members' Meeting shall be convened at least once annually by the chairman of the Executive Board. It must also be convened if the Executive Board or one third of members so demand. Invitations shall be sent out at least 21 days in advance. The agenda must be enclosed with the invitation.
(2) If further motions are to be put on the agenda, these must be submitted in writing to the Managing Director at least 10 days before the Members' Meeting. This shall also apply for applications for election to the Executive Board or Quality Committee. The Managing Director must disclose such motions or applications to members without delay. The Members' Meeting may only vote on motions that are not on the agenda if this is supported by the majority of votes present and represented. This shall not apply for elections, applications for election and motions to amend the Statutes and annexes or to dissolve the Association.
(3) Every duly convened Members' Meeting shall be quorate. This must be expressly advised in the invitation.
(4) The Members' Meeting shall be chaired by the chairman of the Executive Board or on his behalf by a representative.
(5) The membership groups pursuant to § 3 (1) no. 1 and § 3 (1) no. 2 shall each have half the votes in the Members' Meeting. The total number of votes shall comprise the product of the total of members of each group. Each member shall have as many votes as the quotient of half the votes and the number of members of his group. Eligible voters may be represented by members of the Gütegemeinschaft. Representation may only be exercised on the basis of a written proxy to be presented on demand. No agent may represent more than 5 members.
(6) Resolutions shall require a majority of the votes of those present and represented. A parity of votes shall be considered rejection. Amendments to the Statutes require a majority of two thirds. This shall not affect § 11 (1).
(7) The Members' Meeting has the following tasks:
- to receive the report of the Executive Board;
- to elect the 8 non-appointed members of the Executive Board and the 5 non-appointed members of the Quality Committee;
- to discharge the Executive Board;
- to elect the auditors;
- to advise on and approve the annual accounts and business plan for the next financial year;
- to determine contributions and levies;
- to decide on the issuance of and amendments to the rules and regulations.
(8) A record shall be made of the course of the Members' Meeting. This must be signed by the chairman of the meeting and by the Managing Director.
(1) The Executive Board shall consist of the chairman, his deputy, the chairman of the Quality Committee and 11 further members. The Executive Board is to include: 1 member from each of the DWA Deutsche Vereinigung für Wasserwirtschaft, Abwasser und Abfall (previously ATVDVWK) and the Gesellschaft zur Förderung der Abwassertechnik e.V. (GFA) as representatives of the bodies sponsoring the Association, a representative of the European association as defined in § 3 (1) no. 2 and one representative of the associations representing the businesses involved in sewer construction (representative of an advisory body, e.g. an advisory board). A company, group of companies or corporate group may be represented on the Executive Board by not more than one representative.
(2) The term of office of members of the Executive Board is 2 years or until new elections are held. Re-election is permitted.
(3) The Executive Board within the meaning of sec. 26 of the German Civil Code (BGB) is the chairman and the deputy chairman. Each has power of sole representation.
(4) The Executive Board is responsible for all tasks of the Association insofar as the Statutes do not transfer these to other institutions of the Association. The Executive Board shall be quorate if at least 7 members are present. It shall decide by simple majority of the votes cast. A parity of votes shall be considered rejection. Meetings of the Executive Board shall be convened and chaired by the chairman or his deputy with a notice period of 14 days, disclosing the agenda. A record shall be kept of the meetings and signed by the chairman of the meeting.
The Executive Board may adopt resolutions in the written circulation procedure unless any member of the Executive Board desires a meeting. Written form may also be replaced by electronic form. Resolutions shall in this case be legally effective if at least 7 members of the Executive Board have given their consent to the resolution put forward.
(5) If a member of the Executive Board leaves during his term of office, the Executive Board shall appoint a new member with a term of office up to the next Members' Meeting.
(6) The Executive Board shall manage the Association in an honorary capacity.
(7) A member of the Executive Board shall be excluded from voting on resolutions concerning his own enterprise.
(1) The Quality Committee has the task of drafting quality and test specifications. The quality and test specifications must conform to the generally recognised rules of the art. They must be revised and updated in line with technological advances. The quality and test specifications must be adopted in the Members' Meeting. The Quality Committee also has the task of examining applications for the quality mark, initiating the awarding and withdrawal of the quality mark and proposing sanctions in accordance with the Implementing Regulations in the event of non-compliance.
(2) The Quality Committee shall consist of 7 members. These shall have a term of office of 2 years and shall comprise 5 members elected by the Members' Meeting and 1 representative appointed by the DWA from among the engineering firms and 1 from among contracting authorities.
(3) Neutral experts or representatives of local authorities may also be elected to the Quality Committee in addition to members of the Association. Agents commissioned with external monitoring may attend meetings of the Quality Committee as guests. A company, group of companies or corporate group may be represented on the Quality Committee by not more than one representative.
(4) The Quality Committee shall elect a chairman from among its members by simple majority.
(5) If an elected member of the committee leaves during his term of office, the Executive Board shall appoint a new member to the committee with a term of office up to the next Members' Meeting. If the chairman leaves, the Quality Committee shall elect a new chairman in accordance with paragraph 4.
(6) The Quality Committee shall adopt its resolutions by simple majority of members participating in the vote. Records shall be made of the meetings and signed by the chairman and the Managing Director.
(7) Members of the Quality Committee shall not be bound by instructions in respect of decisions in the committee. A member of the Quality Committee shall be excluded from voting on resolutions concerning his own enterprise.
(1) The Executive Board shall appoint the Managing Director.
(2) The Managing Director shall conduct the business of the Association impartially on the instruction of the Executive Board and in accordance with these Statutes and the resolutions of the institutions of the Association. He may attend the meetings of the institutions of the Association in an advisory capacity.
(3) The Managing Director shall conduct the business of ongoing administration within the scope of the business plan.
(1) The dissolution of the Association may be decided by the Members' Meeting with a majority of three quarters of those present and represented if the motion is on the agenda.
(2) Liquidation shall be conducted by the Executive Board unless the Members' Meeting appoints other liquidators.
(3) In the event that the Association is dissolved or terminated or his purpose lapses, the assets of the Association shall pass to the Deutsche Vereinigung für Wasserwirtschaft, Abwasser und Abfall, which must use them directly and exclusively for charitable purposes of environmental protection.
(4) Amendments to these Statutes, including those of an editorial nature, require the prior written consent of RAL in order to have effect.