Statutes of ENCoRE

(Statutes are approved by the15^th General Assembly, held on 23rd and 24th of November 2023, at Academy of Fine Arts Vienna, Austria)

1: Name, Seat and Field of Activity

(1) The association “Europäisches Netzwerk für Ausbildung in Konservierung-Restaurierung” uses the acronym “ENCoRE”, which stands for “European Network for Conservation-Restoration Education”.

(2) ENCoRE is a non-profit association based at the Academy of Fine Arts Vienna, Schillerplatz 3, 1010

Vienna, Austria, active mainly in Europe but also worldwide. ENCoRE is active in the field of education in conservation-restoration of cultural heritage.

(3) There are no plans to establish branch organisations.

2: Purpose

(1) The objective of ENCoRE is to promote teaching and research in the field of conservation- restoration of cultural heritage, based on the guidelines and recommendations of the E.C.C.O. Professional Guidelines , the E.C.C.O. Competences for Access to the Conservation- Restoration Profession and the Document of Pavia .

(2) In order to fulfil the purpose of ENCoRE, initiatives shall be taken to:

a) promote and develop higher education in conservation and restoration, in Europe and

worldwide, at the highest level;

b) facilitate comparability of higher education institutions for conservation and restoration education, promote student mobility;
c) initiate, establish and promote cooperation in training between conservation-restoration

institutions in Europe and with other institutions that demonstrate high quality conservation-restoration activities;

d) stimulate, establish and promote research collaborations between higher education institutions for conservation and restoration in Europe and other institutions involved in research;
e) provide research outputs to end-users responsible for the conservation of cultural heritage in Europe and to strengthen the impact of research on study programmes in conservation- restoration in Europe.

(3) The objectives of ENCoRE are pursued without regard to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status as defined in the Universal Declaration of Human Rights.

3: Achievement of the objectives of ENCoRE

(1) The objectives of ENCoRE shall be achieved through the activities referred to in paragraph (2) and the financial support referred to in paragraph (3).

(2) ENCoRE achieves these objectives through:

a) the promotion of study visits by staff and students from institutions with high quality conservation-restoration activities;
b) promoting the exchange of staff and students in the field of conservation-restoration;
c) the dissemination of information on research activities;

d) the dissemination of research results;
e) promoting the possibilities and increasing the efficiency of cooperative research in the field of conservation-restoration;
f) the promotion of the integration of research in conservation education;
g) the organisation of and participation in conferences;
h) issuing of publications;
i) the participation in projects related to the objectives of ENCoRE;
j) operating a website and/or other electronic, social media; and k) meetings and working groups.

(3) The necessary financial means are to be raised by:

a) membership fees;
b) reimbursement of costs;
c) subsidies and grants, including participation in funded projects (e.g. by the EU);
d) donations, collections, legacies and other contributions;
e) asset management (e.g. interest, other investment income, income from renting and leasing, etc.);
f) income from events organised by ENCoRE;
g) revenue from publications and merchandise;
h) sponsorship money;
i) advertising revenue; and
j) income from entrepreneurial activities of ENCoRE.

4: Membership

ENCoRE members are legal entities. There are two types of membership:

(1) Full Membership:

any institution of higher education in Europe offering 300 ECTS in conservation-restoration as a core subject leading to a Master’s degree from a university (or an equivalent institution recognized by a governmental body). The degree corresponds to level 7 of the European Qualifications Framework (EQF) and the higher education institution recognizes the ENCoRE objectives. In addition, it must provide teaching and research in accordance with the definitions of the E.C.C.O. Competences for Access to the Conservation-Restoration Profession2. The curriculum offered should have a theory/practice ratio of approximately 1:1 and correspond to the content of the document On Practice in Conservation-Restoration Education.

(2) Associate Membership:

any institution of higher education in Europe that offers teaching and research, recognises the

objectives of ENCoRE and offers at least 120 ECTS in conservation-restoration as a core subject with a Master’s degree, and which is a university or an equivalent institution recognised by a governmental authority. The degree corresponds to level 7 of the European Qualifications Framework (EQF).

or:

any institution of higher education in Europe that offers teaching and research, recognises the objectives of ENCoRE and offers 240 ECTS in Conservation-Restoration as a core subject with a Bachelor’s degree or alternatively with a Bachelor’s degree and a Master’s degree, and which is a university or equivalent institution recognised by a governmental authority. The degree corresponds at least to level 6 of the European Qualifications Framework (EQF).

In addition, the institution of higher education must include teaching and research according to the definitions of the E.C.C.O. Competences for Access to the Conservation-Restoration Profession.2The curriculum offered must have a ratio of theory to practice of approximately 1:1 and be in line with the content of the document On Practice in Conservation-Restoration Education.4

5: Honorary Fellows and Partners

ENCoRE can also accept supporting persons or institutions as Honorary Fellows or Partners of the network. Participation in the General Assembly (GA) is only possible upon invitation of the Board. The financial support of ENCoRE by Honorary Fellows and Partners is optional.

(1) A person who has rendered outstanding services to the purposes and goals of ENCoRE may become an Honorary Fellow.

(2) The Partnership is open to institutions, non-governmental organisations and companies that offer high-quality conservation-restoration and/or research activities and are willing to cooperate with ENCoRE and promote its objectives.

6: Rights and duties of the members

(1) Each member is entitled to request the Board to hand over the Statutes of ENCoRE.

(2) At least one tenth of the members may request the Board to convene a General Assembly.

(3) The members shall be informed by the Board at each General Assembly about the activities and financial management of ENCoRE. If at least one tenth of the members request this, giving reasons, the Board must also provide this information to the members concerned within four weeks.

(4) The members shall be informed of the audited accounts by the Board. If this happens at the

General Assembly, the Auditors shall be called in.

(5) Full Members and Associate Members are required to notify the Board in writing of any change affecting their membership status one month before the next General Assembly.

(6) The members are obliged to promote the interests of ENCoRE to the best of their ability and to refrain from anything that could damage the reputation and objectives of ENCoRE. They have to observe the statutes of ENCoRE as well as the decisions of the General Assembly and the Board of ENCoRE. Full and Associate Members are obliged to pay the membership fee on time in the amount as decided by the General Assembly.

7: Acquisition of membership (application for membership, admission)

(1) The General Assembly decides on each membership on the proposal of the Board. Admission as a member may be refused without giving reasons.

(2) In order to become a Full Member or Associate Member, a written Application for membership must be submitted to the ENCoRE Board, accompanied by the following documents

a) Documentation of the legal status of the higher education institution and the degree programme according to § 4 (e.g. legal basis, statutes, examination and study regulations) in original language;
b) A brief description of the structure of the institution in English;
c) Information on the institution’s research activities in the field of conservation-restoration in

English; and

d) Detailed study programme (curriculum) with indication of the ECTS credits or an equivalent system, in English.

The application must be signed by the official legal representative of the institution. After the Board has received the complete application, the institution must be visited by two delegates from among the ENCoRE members, appointed by the Board for this task. The delegates shall report to the Board. The Board shall submit the proposal and the report to the next General Assembly for a vote.

(3) The appointment as Honorary Fellow is made by the General Assembly on the proposal of the

Board.

(4) Institutions wishing to become partners of ENCoRE must submit a written application for

Partnership to the Board and provide information about their institution. The Board decides on the granting of the Partnership.

8: Review of membership

A membership is “under review” when a Full or Associate Member no longer meets the criteria for membership and the General Assembly considers the situation to be temporary. The institution may maintain the “under review” status until the next General Assembly at which time the status will be reviewed. If the situation is not yet resolved, the status of membership shall remain “under review” only until the next General Assembly, at which time a final decision must be taken. A member whose status is “under review” has no voting rights but must continue to pay the membership fee.

9: Termination of membership

(1) Membership shall cease:

a) in case of change or loss of legal status, unless the Board accepts the membership status under the new conditions;
b) through voluntary resignation; or
c) by exclusion.

(2) The expulsion of a member from the Association may be decreed if membership fees have not been paid 24 months before the beginning of the current calendar year. In this case, a new membership can only be acquired after receipt of payment for the last two expired years of the previous

membership.

(3) In case of gross violation of membership duties and/or dishonourable behaviour, the General

Assembly may expel a member from ENCoRE.

(4) Members who have resigned or been expelled shall have no claim on the assets of ENCoRE and shall not be entitled to a refund of their membership fees.

(5) The withdrawal of the Honorary Fellowship as well as of the Partnership may be decided by the

General Assembly upon motion of the Board for the reasons mentioned in paragraph (3).

10: Organs of the ENCoRE Association

The organs of ENCoRE are the General Assembly, the Board, the Auditors and the Court of Arbitration.

11: General Assembly

(1) The Ordinary General Assembly shall be held at least every second year at the time and place indicated in the invitation sent by the Board to all members at least two months before the fixed date and containing the draft agenda.

(2) An Extraordinary General Assembly shall be held a) based on a decision of the Board;

b) at the request of at least one tenth of the members;
c) at the request of the Auditor(s);
d) based on a decision of the Auditor(s);
e) on the basis of a decision by a court-appointed curator within four weeks.

(3) The General Assembly shall constitute a quorum irrespective of the number of delegates present.

(4) Any member may put an item on the agenda of the General Assembly in writing at least one month in advance. The General Assembly shall only vote on items that are on the final agenda, except when voting on an Extraordinary General Assembly.

(5) The final agenda shall be sent to all members convened to the General Assembly at least two weeks before the date of the meeting.

(6) At the General Assembly, each Full Member and each Associate Member shall be represented by a maximum of two delegates.

(7) The Board is entitled to invite guests to some or all of the items on the agenda.

(8) The General Assembly may decide to admit guests for some or all items on the agenda.

(9) The General Assembly shall be chaired by the Chairperson of the ENCoRE Board or, in his/her absence, by a member of the Board.

(10) Each Full Member shall have two votes and each Associate Member one vote.

(11) A two-thirds majority of the votes is required for amendments to the statutes, the exclusion of a member and the dissolution of ENCoRE.

(12) Unless otherwise provided for in these Statutes, decisions shall be taken by an absolute majority of the members present or by written proxy of a member. Each voting delegate may only accept a written proxy from another Full Member or Associate Member.

(13) The General Assembly may only be held in physical form and only in exceptional circumstances in electronic form.

12: Tasks of the General Assembly

The following tasks are reserved for the General Assembly: a) admission and exclusion of members and partners; b) adoption of resolutions on the budget;

c) receipt and approval of the statement of accounts and the annual financial statements with the involvement of the Auditors;
d) election and dismissal of the members of the Board and the Auditors;
e) approval of legal transactions between Auditors and ENCoRE;
f) discharge of the Board;
g) determination of the amount of the membership fees for Full Members and Associate Members;
h) on motion of the Board, the awarding and withdrawal of Honorary Fellowships and of Partnerships;
i) resolution on amendments to the Statutes of ENCoRE;
j) debate and decision-making on other items on the agenda;
k) decision on the voluntary dissolution of ENCoRE.

13: Board

(1) The Board of ENCoRE consists of seven to nine members, including in any case the Chairperson, the Deputy Chairperson, the Secretary, the Deputy Secretary as well as the Treasurer and the Deputy Treasurer. The members of the Board shall be elected by the General Assembly from among the delegates of the Full Members and the Associate Members. No more than two delegates of the associated members may be members of the Board. The Chairperson must be a delegate of a Full Member. The number of Board members shall be determined by the outgoing Board.

(2) Elected Board members shall elect from among their number a Chairperson, a Deputy Chairperson, a Secretary, a Deputy Secretary, a Treasurer and a Deputy Treasurer.

(3) The Board may appoint up to three advisors to the Board by a 2/3 majority. The advisors to the

Board shall have no voting rights.

(4) If nominations allow, the candidates should come from different European countries. (5) The role of the Board is to work in the best interests of ENCoRE’s objectives.

(6) The term of office of the Board is two years, i.e. the period between the periodic meetings of the

General Assembly; re-election is possible.

(7) The function of a member of the Board shall expire by loss of delegate status, death, expiry of the term of office (6) as well as by removal (15) and resignation (16).

(8) The Board shall be elected by the General Assembly. In the event of the resignation of an elected member, the Board shall have the right to co-opt another eligible member in his/her place, for which purpose the subsequent approval of the next General Assembly shall be obtained. In the event of a complete failure of the Board or for an unforeseeably long period of time without a self- completion by co-optation, each Auditor shall be obliged to immediately convene an extraordinary General Assembly for the purpose of electing a new Board. Should the Auditors also be incapable of acting, any ordinary member who recognises the emergency situation shall immediately apply to the competent court for the appointment of a curator, who shall immediately convene an extraordinary General Assembly.

(9) The Board shall be convened in writing or orally by the Chairperson or, if the Chairperson is prevented from doing so, by his/her deputy. If the deputy is also prevented for an unforeseeably long period of time, any other member of the Board may convene the Board.

(10) The Board shall constitute a quorum if all its members have been invited and at least half of them

are present.

(11) The Board shall pass its resolutions by a simple majority of the votes of the members present; in the event of a tie, the Chairperson shall have the casting vote.

(12) The chair shall be taken by the chairperson or, in his/her absence, by his/her deputy. If he/she is also prevented, the oldest member of the Board present or a member designated by the majority of the other members of the Board shall take the chair.

(13) Meetings of the Board may be held physically or electronically. (14) Minutes shall be taken of each meeting.

(15) The General Assembly may at any time dismiss the entire Board or individual members thereof.

The dismissal shall take effect with the appointment of the new Board or Board member.

(16) The members of the Board may resign in writing at any time. The declaration of resignation shall be addressed to the Board, in case of resignation of the entire Board to the General Assembly. The resignation shall only become effective with the election or co-option (8) of a successor.

14: Duties of the Board

(1) The Board must set up an accounting system that complies with the requirements of ENCoRE, with the on-going recording of income/expenditure and the maintenance of a list of assets as a minimum requirement.

(2) The Board shall prepare the annual budget, the annual accounts and the financial statement.

(3) The Board informs the members about the activities of ENCoRE, the management of ENCoRE and the audited financial statements.

(4) The Board manages the assets of ENCoRE.

(5) The Board may hire and fire ENCoRE employees.

(6) The Board may delegate certain tasks to a delegate representing a Full Member or an Associate

Member.

(7) The Board may admit partners.

(8) The Board shall prepare and convene the General Assembly in accordance with § 11 (1) and (2)

lit. a-c of these Statutes.

(9) Except in the case of a special proxy agreement, every decision binding ENCoRE must be signed by two persons of the Board (preferably Chairperson and Secretary).

(10) When concluding contracts on behalf of ENCoRE, the Board is obliged to state the full name of

ENCoRE and to indicate that ENCoRE is a non-profit organization.

(11) The Board is obliged to report to the General Assembly on its activities.

15: Special Duties of Individual Members of the Board

(1) The chairperson shall conduct the day-to-day business of ENCoRE. The Secretary supports the

Chairperson in the management of ENCoRE’s business.

(2) The Chairperson represents ENCoRE externally. Written documents of ENCoRE are only valid if they are signed by two persons of the Board (preferably the Chairperson and the Secretary).

(3) Legal transactions between Board members and ENCoRE require the approval of another Board member.

(4) Legal authorisations to represent ENCoRE externally or to sign on its behalf must be granted by two members of the Board (preferably Chairperson and Secretary).

(5) In the case of special circumstances, the Chairperson is entitled to make independent decisions in matters that fall within the scope of the General Assembly or the Board; these, however, require the subsequent approval of the competent body of ENCoRE.

(6) The Chairperson shall chair the General Assembly and the Board.

(7) The Secretary (or another member of the Board) shall keep the minutes of the General Assembly and of the Board.

(8) The Treasurer is responsible for the proper financial management of ENCoRE.

(9) In addition to the President and the Treasurer, other members of the Board may be authorised in writing to sign for bank accounts and/or other financial resources. The Board may also delegate this authority to a delegate.

16: Auditors

(1) Two Auditors shall be elected by the General Assembly for the period until the next General Assembly. Re-election is possible. The Auditors may not belong to any organ of the Association – with the exception of the General Assembly – whose activities are the subject of the audit.

(2) The Auditors are responsible for the on-going control of the management and the financial administration of ENCoRE with regard to the correctness of the accounting and the use of the funds in accordance with the statutes. The Board shall submit the necessary documents to the Auditors and provide them with the required information. The Auditors shall report to the Board on the result of the audit.

(3) Legal transactions between Auditors and ENCoRE require the consent of the General Assembly. In all other respects, the provisions of § 13 (6), (15) and (16) apply to the Auditors.

17: Language

(1) Documents that have to be served to Austrian authorities have to be written in German. (2) The statutes of ENCoRE must be available in an officially certified English translation.

(3) The working language of ENCoRE is English. Working documents such as minutes of meetings, budget plans, annual accounts and invitations are written in English. If required, an officially certified translation must be provided.

(4) Each Full Member or Associate Member is entitled to translate the ENCoRE Statutes and other relevant documents of ENCoRE if it deems it necessary. Any translation must be marked “translation” and refer to the original text and the translator.

(5) The acronym of ENCoRE always remains the same, regardless of the translation of the full name into another language.

18: Arbitration Committee

(1) For the settlement of disputes arising from the membership in ENCoRE, the conciliation commission of the association is to be invoked. This is a “conciliation body” in the sense of the Association Act 2002 and not an arbitration court according to §§ 577 et seq. ZPO (Austrian Code of Civil Procedure).

(2) The Arbitration Committee shall be composed of delegates from three Full Members of ENCoRE. It shall be constituted in such a way that one party to the dispute nominates Arbitrator No. 1 in writing to the Board. Upon request by the Board within seven days, the other party to the dispute shall nominate Arbitrator No. 2 within 14 days. Upon notification by the Board within seven days, the nominated Arbitrators No. 1 and No. 2 shall elect Arbitrator No. 3 as Chairperson of the Arbitration Committee within a further 14 days. In the event of a tie, a draw shall decide between

the two persons nominated as Arbitrator No. 3. The members of the Arbitration Committee must not belong to any Association’s bodies – with the exception of the General Assembly – whose activities are the subject of the dispute.

(3) The Arbitration Committee shall make its decision by simple majority after hearing both sides in the presence of all members of the Arbitration Committee. The Arbitration Committee shall decide to the best of its knowledge and belief. The decisions are final within the framework of ENCoRE.

19: Voluntary dissolution of ENCoRE

(1) The voluntary dissolution of ENCoRE can only be decided at a General Assembly and only with a two-thirds majority of the valid votes cast.

(2) In case of dissolution of ENCoRE or in case of cessation of the previous beneficiary purpose of

ENCoRE, the remaining assets of ENCoRE after covering the liabilities shall be donated to institutions pursuing the same or similar objectives as ENCoRE.

(3) The General Assembly decides on the liquidation of ENCoRE, provided ENCoRE has assets. In

particular, it appoints a liquidator and decides to whom the liquidator shall transfer the assets of ENCoRE remaining after covering the liabilities.

(4) The last Board of ENCoRE shall notify the authorities in writing of the voluntary dissolution within four weeks of the decision being taken.