Status

THE NATIONAL FEDERATION OF THE PRODUCERS IN AGRICULTURE, FOOD INDUSTRY AND RELATED SERVICES IN ROMANIA

“PRO AGRO”

 I. GENERAL PROVISIONS

’’THE NATIONAL FEDERATION OF THE PRODUCERS IN AGRICULTURE, FOOD INDUSTRY AND RELATED SERVICES IN ROMANIA – THE NATIONAL FEDERATION PROAGRO” is a private public legal entity, with a professional character and the legal status of a federation without lucrative purpose, made up by the association of the nationally representative professional entities, federations, leagues, unions organizations of producer groups / cooperatives , interbranch organizations and patronages related to producing, processing, storing, distributing and trading agricultural products..

The Federation is the professional representative of the nationwide representative professional organizations that operate in the agricultural field, food industry and related services.

The Federation represents the interests of its members in their direct relationship with the specific bodies of the European Union, at the same time complying with the consumers’ interests and promoting the principles of loyal competition.

The aim of the Federation is to promote, represent, support and defend the interests of its members in their relationships with the public and/or private national and European institutions.

The main objective of the Federation is basically focused on representing, promoting, supporting and defending the interests of all its members, which can be achieved more promptly and more efficiently by the NATIONAL FEDERATION PRO AGRO with a view to performing an optimal activity.

II. MEMBERS OF THE FEDERATION

2.1. The Federation may have the following categories of members:

a) active members

b) associate members

c) honorific members

2.1.1. The active members may be:

a) The associations, leagues, unions, federations and patronages that are legally constituted and nationally representative for producing, processing, storing, distributing and trading agricultural products.

b) Representativeness criteria for professional entities that submit documentation of accession to the Statute of the Federation shall be established for each sector of the Board of Directors and are set out in Rules of Order and Operation , taking into account the common market organizations at European level ;

c) To make the most of resources and achieve common objectives of market organizations : increased productivity, improved marketing, agri-environmental measures ;

d). The organization is open to enrolling new members, in compliance with the provisions of the article

2.1.2 Associate members may be individuals or legal persons who for various reasons can not meet the requirements of Art . 7.1.1 . a) . , but interest in the purpose and objectives of the Federation, who pay contributions for benefits they receive using the services of the Federation, but who do not hold shares and receiving the General Assembly by a vote of at least 2/3 members, this capacity .

The associate members have a consultancy role.

2.1.3 The honorific members may be physical persons or legal entities that, through their remarkable contribution to agriculture, as well as to the development of the Federation or the increase in its prestige, are granted this title by the General Assembly, with the vote of at least

The honorific members have a consultancy role.

2.2. The members of the Federation have the following rights:

2.2.1 Active members:

a). To participate, through their legal representatives, in the works of the General Assembly, where they have the right to vote, provided that they have paid their subscription up to date and comply with the provisions of the Statute and the Code of Ethics in all the activities they perform;

b). To be elected in the management or lucrative structures of the Federation;

c). To exercise their right to vote;

d). To participate in the social dialogue at an institutional level;

e). To propose membersfor the management or lucrative structures of the Federation;

f). To have unconditioned access to all the documents of the Federation;

g). To participate in the meetings of the Executive Board, having a consultancy role;

h). To express, verbally or in writing, their viewpoints or proposals, which will be debated and written down in the documents of the Federation or its structures, established by the General Assembly.

i). To make proposals both for improving the activity of the Federation and for the actions that the Federation shall take in compliance with its statutory objectives.

j). To participate in the actions organized by the Federation.

 k). To receive the publications of the Federation, as well as all the other relevant information that the Federation possesses.

2.2.2. Associate members

a). To participate through their legal representatives in the General Assembly , if the levy paid to date and are subject to the Statute and Code of Ethics , in all the activities they carry out ;

b). Lucrative be elected structures of the Federation ;

c). Lucrative structures to propose members for the Federation ;

d). Have access to all documents Federation and the entire system of the COGECA Agri -Info ;

e). To participate by proxy at Board meetings in an advisory capacity

f). To express their views or proposals , oral or written , to be discussed and recorded in the documents of the Federation or its structures , which will be established by the General Assembly ;

g). To make proposals for improvement both Federation and on the actions that the Federation should undertake in the spirit statutory objectives ;

h). To participate in activities organized by the Federation;

i). To receive Federation publications and all other information of interest that the Federation holds .

2.2.3. Honorific members:

a). To participate in the works of the General Assembly, with a consultancy role.

b). To participate, with a consultancy role, in the meetings of the Executive Board and the structures which the Federation is part of.

2.3. The members of the Federation have the following obligations:

2.3.1.Active members and associate members are required:

a). To comply with the Statute, the Decisions of the General Assembly, the Code of Ethics, as well as the decisions of the elected management structures.

 b). To directly and efficiently contribute to the achievement of the Federation’s object of activity and purposes.

c). To take action for increasing the prestige of the Federation and its members, both in the country and abroad.

d). To pay on time the statutory subscriptions and financial contributions, proven by the invoices issued by the Federation.

e). To inform the Federation on the actions they take on their own for reaching some goals that coincide with the objectives of the Federation.

f). To fulfil the duties they have after being elected in the management or lucrative structures of the Federation.

g). To comply with and apply the decisions of the General Assembly and the Executive Board, even if their viewpoint did not coincide with the statutorily adopted decision.

h). To pass on to the Executive Secretariat the information it requires, which is necessary for the European structures.

Associate members , depending on the size of holdings in their possession / use constitute the Consultative Council of the Great Council of Farmers in Romania or family farms in Romania , based on the Executive Board of the National Federation PRO AGRO and approve rules of organization and operation.

1).Farmers Advisory Council of the Great Council of Romania or family farm in Romania is considered legally constituted only in the presence of half plus one of its members .

2).Farmers Advisory Council of the Great Council of Romania or family farms in Romania have an advisory role ; it shall be convened and chaired by the President , and in the case of preventing it by a deputy .

The objectives of the Consultative Council of the Great Council of Farmers in Romania or family farms in Romania

- The active involvement of its members in activities for successful Federation and Romanian agri-food sector ;

- Contribute to a correct understanding of the management trends Federation , push 'factors and priorities that govern the Romanian agri-food sector.

- Rate directions by heading romanian food sector , identifying and developing new opportunities ;

- Ensure active collaboration with the Federation on issues of common interest.

3). In order to solve certain problems can be are special / specialized members of the Consultative Council of the Great Council of Farmers in Romania or family farms in Romania . The heads of these committees is provided by a member to be appointed by the President , who will report the results to the Advisory Committee and the Board of Directors .

2.3.2 Honorific members:

  • To contribute with their experience to the best course of action taken by Federation
  • To support the actions of the Federation whenever they are required to do so, in fields of activity in which they have expertise.

III THE PATRIMONY OF THE FEDERATION. REVENUES AND EXPENDITURES. THE FINANCIAL EXERCISE

3.1The initial patrimony of the Federation is of 3.500 lei, representing an exclusive contribution in money, integrally subscribed and paid by the seven founding members.

3.2 The founding members have agreed to contribute with 500 lei each in order to constitute the patrimony of the Federation.

3.3. The initial patrimony of the Federation can be supplemented by revenues obtained by the Federation.

3.4. The revenues obtained by the Federation may result from:

a). The registration fee and the contributions of the members, in money or in kind, subsequent to the foundation of the Federation;

b). The subscriptions of the members; the calculation basis of the members’ subscription is established by the General Assembly;

c). The interest rates and dividends resulting from investing the available sums, in compliance with the law;

d). The dividends of the trading companies that may be founded by the Federation;

e). The revenues from direct economic activities carried out by the Federation;

f). Donations, support programs, sponsorships or related activities;

g). Resources that can be obtained by the Federation from the state budget, local budgets, European funds or other international funds;

h). Publications for internal use

i). Other revenues stipulated by the law.

3.5. The National Federation PRO AGRO makes receipts and payments in lei and foreign currency, through its own pay office and its own accounts opened at banks, in compliance with the legal provisions related to this issue.

3.6. The amount of the subscription and the methods of payment are annually established by the General Assembly.

3.7. The trade balances at the end of the budgetary year shall be reported in the provisions of the next budget.

3.8. The economic-financial exercise starts on the 1st of January and ends on the 31st of December every year.

3.9. For various cooperation and/or mutual help, the associated members may decide to create a reserve fund, with payback provisions, which will be used on the proposal of the Executive Board and with the approval of the General Assembly.

IV MANGEMENT, ADMINISTRATION AND CONTROL STRUCTURES OF THE FEDERATION

4.1. The management, administration and control structures of the Federation are:

  1. The General Assembly;
  2. The Executive Board, led by the President;
  3. The Executive Secretariat, led by the General Board.
  4. The Auditor/Auditing Commission.

4.2. The General Assembly.

4.2.1. a). The General Assembly of the members of the organization is its supreme management and decision forum.

b). Once they are adopted, the decisions of the General Assembly are mandatory for all the members of the organization, irrespective of their expressed vote and viewpoints.

4.2.2. The General Assembly is made up of:

- active members;

- associate members;

- honorific members.

4.2.3. Every active member has the right to one vote. Associate members and honorific members do not have the right to vote.

4.2.4. The competences of the General Assembly are:

a). It approves the statute, its modification and/or completion;

b). It approves, with or without modifications, according to the case:

- the annual activity report of the Executive Board;

- the balance sheet;

- the auditor’s/ auditing commission’s report;

- the budget of revenues and expenditures for the next financial exercise;

- the annual agenda of the Executive Board;

- the election and dismissal of the auditor’s/ auditing commission;

- the criteria of representativeness;

c). It debates, approves of rejects the appeals of some members or applicants for membership, whose applications have been rejected by the Executive Board, in compliance with the previous analysis procedure of the Commission of Ethics, Honour, Mediation and Discipline;

d). It annually establishes the amount of the registration fees, the calculation basis for subscriptions and the method of payment;

e). Apply the sanction of expelling members prior to the procedure ;

f). It approves the documentation for the adhesion of the Federation to the European and international structures within its activity field;

4.2.5 The ordinary General Assemblies take place at least once a year;

4.2.6. The decisions of the General Assemblies are valid with the simple majority of the votes cast by the present members.

4.2.7. The General Assembly will adopt its own regulation for the course of meetings;

4.2.8. The decisions adopted by the General Assembly are mandatory for its members, even if they did not attend the meeting or voted against them; these provisions are completed by the directives contained in art. 22 and 23 from G.O. no. 26/2000.

4.2.9.After each session of the General Assembly will draw up the minutes of a drafting committee composed of at least 2 people and countersigned by the President. The minutes of the General Meeting will be sent to members by email within 5 days from the date of the hearing for validation.

4.2.10. List representatives in the General Assembly shall be determined by each member and notified the Executive Secretary of the Federation . Any temporary or permanent replacement member should be notified by an official letter addressed to the Executive Secretary of the Federation .

4.2.11. Amending or supplementing the Statute can be made only in the General Assembly attended by at least 2/3 of the active members. The decision is adopted by a qualified vote of half plus one of the active members .

4.2.12. The General Assembly are chaired by the President in his absence by the First Vice President . President / Vice Prime President delegate presenting the annual report of the General Board of the Federation or by another member of the Board of the Federation.

4.2.13. The General Assembly is legally constituted if present members representing a simple majority . If quorum is not achieved , the General Meeting shall be adjourned for a period of 10 days, being held in the same place with the same agenda . The meeting is considered statutory regardless of the number of members present . The General Assembly can not take decisions on matters not included on the agenda .

4.2.14. Chairman and members , through their representatives , may occur during the course of the General Assembly.

4.2.15. At the end of the meeting , the Executive Secretary shall notify the members of the General Assembly decision in the form of a report drawn up by the drafting committee and countersigned by the President, by e -mail.

4.2.16. The new members, proposed by the Executive Board, participate in the works of the General Assembly as observers and, after their validation by the General Assembly, they become active members.

4.2.17. The honorific members may attend the meetings of the General Assembly as observers.

4.2.18. The Executive Secretariat may invite any person or entity to attend the works of the General Assembly, as an observer, if their presence is necessary for discussing the topics under debate, only after receiving approval from the Board of Director.

4.3. The Executive Board

4.3.1 It is the structure that ensures the application of the decisions made by the General Assembly.

4.3.1.1 It manages the activity of the Federation between the General Assemblies;

4.3.1.2. It decides on all the major issues and actions;

4.3.1.3. On their proposal and after being validated by the General Assembly, all the representatives of the member organizations are part of the Executive Board.

4.3.1.4. The Executive Board consists of the President, the Deputy Chairman, Vice-presidents and one representative of each organizations member professional association, excepting the organizations which the Deputy Chairman and the Vice-presidents belong to. Depending on their number, the General Assembly will decide on the creation of an Executive Board that shall be operative from the viewpoint of number.

4.3.1.5. The members of the Executive Board must be part of the executive structures within the entities they belong to. In case that this condition is no longer met, the respective member organization proposes another person for the remaining period of the mandate and this proposal will be submitted to the vote of the General Assembly.

4.3.1.6. Can not be a member of the Board a person occupying a leading position:

a) In a public institution with responsibilities in agricultural sector.

b) At the central level in political parties.

4.3.1.7. The works of the Executive Board are led by the President of the Federation.

4.3.1.8. President convenes meeting of the Board of Directors at its own initiative or at the written request of ½ plus one of the members of the Board of Directors.

4.3.1.9. Convening the Board of Directors shall be in writing ( letter, fax , e- mail) at least 7 (seven ) days before the meeting , telling the date , place, time and agenda of the meeting. If the situation requires, the Board of Directors meeting may be taken by audio conferencing

4.3.1.10. For the validity of decisions of the Board of Directors requires the presence of 1/2 plus one of its members , and decisions are taken by simple majority of members present.

4.3.1.11. Meetings of the Board of Directors will be recorded in the minutes of the meeting shall be signed by all participants. The Board has responsibility and coordinates the Executive Secretariat .

4.3.1.12. The specific operation ways of the Working Groups are established by the Regulation of organization and operation of the Executive Board.

4.3.1.13. The specific procedures of organization and operation for each commission will be established within 60 days since the approval of the present statute and will be validated during the first meeting of the Executive Board.

4.3.2. The Executive Board coordinates:

  • The Executive Secretariat
  • The Working and Consulting Groups of the Federation
  • The permanent expert commissions
  • The Commission of Ethics and Mediation.

4.4 The Auditor/Auditing Commission.

The internal financial audit of the Federation is ensured by an auditor/auditing commission, in compliance with the legislation in force. When they are appointed, they must meet the legal requirements on this issue.

4.5. The Commission of Ethics and Mediation

(1) With in National Federation PRO AGRO there is the Commission of Ethics and Mediation, composed of 3(three) members elected by the General Assembly.

(2) During the constitutive meeting of the Commission of Ethics and Mediation, the members elect a president.

(3) The mandate of the members is of 2(two) years.

(4) The meetings of the Commission of Ethics and Mediation are not public.

(5) The Commission will adopt its own regulation of running the meetings.

President’s Quote

Emil DUMITRU Presedinte PRO AGRO

The National Federation PRO AGRO – legitimate interests from present to future ... read more

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