Constitution: (Version On 1.10.10)
Constitution: (Version On 1.10.10)
Constitution: (Version On 1.10.10)
CONSTITUTION
(version on 1.10.10)
CONSTITUTION
Chapter IDENTITY - PURPOSES Article 1
1. The International Cycling Union (UCI in abbreviation) is the association of national cycling federations. 2. The UCI is a non-governmental international association with a non-profit-making purpose of international interest, having legal personality pursuant to Articles 60 ff. of the Swiss Civil Code. 3. The registered office of the UCI is in Switzerland, at the place fixed by the Management Committee. Only the Congress has the right to transfer the registered office to another country.
Article 2
The purposes of the UCI are: a) to direct, develop, regulate, control and discipline cycling under all forms worldwide; b) to promote cycling in all the countries of the world and at all levels; c) to organize, for all cycling sport disciplines, world championships of which it is the sole holder and owner; d) to encourage friendship between all members of the cycling world; e) to promote sportsmanship and fair play; f) to represent the sport of cycling and defend its interests before the International Olympic Committee and all national and international authorities; g) to cooperate with the International Olympic Committee, in particular as regards the participation of cyclists in the Olympic Games.
Article 3
The UCI will carry out its activities in compliance with the principles of: a) equality between all the members and all the athletes, licence-holders and officials, without racial, political, religious, or other discrimination; b) non-interference in the internal affairs of affiliated federations; c) compliance with the Olympic Charter in everything to do with the participation of cyclists in the Olympic Games; d) the non-profit-making purpose: the financial resources shall be used only to pursue the purposes set forth in this Constitution. UCI members have no rights thereto.
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II
The members of the UCI shall be the national federations accepted by the Congress as being the representative organization for the sport of cycling in general in the country of that national federation.
Article 5
1. Every member of the UCI shall hereinafter be referred to as a federation. 2. Only one federation shall be admitted to membership for any country. 3. On a motion of the Management Committee and in accordance with such procedures as the Congress shall determine, the Congress may exceptionally grant provisional exemptions from the rule mentioned under 5.2. for a period not exceeding two years.
Article 6
1. As members, the federations shall comply with the Constitution and Regulations of the UCI, as well as with all decisions taken in accordance therewith. Likewise, they shall have the Constitution, Regulations and decisions of the UCI complied with by all persons concerned. 2. The Regulations of the UCI shall be incorporated in the corresponding regulations of the federations. 3. The constitution and regulations of the federations shall not run counter to the Constitution and Regulations of the UCI. In case of divergence, only the Constitution and Regulations of the UCI shall apply. The constitution and the regulations of the federations must contain an express clause that in case of divergence with the Constitution and Regulations of the UCI, only the latter shall apply. 4. The federations must manage their internal affairs with total independence and ensure that no third party interferes in their operations. They must remain autonomous and resist all political, religious and financial pressure which may infringe their commitment to abide by the Constitution of the UCI. Any external form of interference or attempt to interfere must be reported to the UCI. [Comment: This provision does not prevent, for instance, the government from controlling the appropriate use of allowances granted to a federation but under no circumstances should the government interfere with the strategy or the operations of the federation.] 5. The constitution and regulations of the federations must make provision for an election or intern appointment system that ensures a complete independence of the national federation vis--vis third parties. In particular, the federations shall not allow governments and other public authorities to appoint members of the governing bodies of a federation. [Comment: This provision does not prevent a federation from deciding, for instance, that within its management committee a limited number of positions may be taken by government repre2
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sentatives without voting rights, while the members with voting rights must be appointed exclusively by the general assembly amongst candidates that are nominated exclusively by the members of the federation.] 6. The federations are obliged to include the provisions contained in paragraphs 4 and 5 in their constitution. [Entry into force: Federations that are candidates for affiliation as from 1 October 2010 and whose constitution does not contain such provisions will have their affiliation refused by the UCI. Federations that are already members of the UCI will benefit from a time limit until 31 December 2012 to incorporate these provisions into their constitution]. 7. Any federations decisions, elections and bodies that are not in compliance with paragraphs 4 and 5 shall not be recognized by the UCI. If the situation is not regularized within the time limit granted by the president of the UCI, the national federation may be suspended. (article modified on 1.10.10).
Article 7
1. The application for membership shall be signed by the statutory representatives of the applicant federation and sent to the registered office of the UCI. 2. The application must be accompanied by a file containing the following elements: a) a formal statement that the applicant federation, on the condition of its admission, shall accept, apply and comply with UCIs Constitution and Regulations, and adapt its own constitution and regulations accordingly; b) the text of the constitution and all regulations of the applicant federation; c) a detailed report on the structures and activities in the cycling sport of the country concerned; d) a list of unions or associations to which the applicant federation is already affiliated; e) the composition of the management committee or equivalent body; f) the official address for correspondence; g) the identity of persons empowered to sign correspondence. 3. Under penalty of non-admissibility, the application for membership and its annexes shall be drawn up in English or in French. 4. The federations shall inform the UCI about every amendment in the data referred to in points b, d, e, f, and g of paragraph 2 above as soon as possible.
Article 8
Applications for membership shall be reviewed by the Management Committee. Before submitting them to the Congress, the Management Committee may request additional information and ask the applicant federation to alter its structures or regulations to bring them in line with the principles and Regulations of the UCI.
Article 9
1. If the application for membership is judged complete and in conformity with the requirements, the Management Committee shall inform the federations and place the voting on admission in E1010
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the agenda of the next Congress, or the Congress after that if the first Congress takes place less than two months after the federations were duly notified of the candidacy. 2. In the latter case, the Management Committee may grant provisional membership in anticipation of the voting at the Congress. Provisional membership does not entitle the applicant federation to take part in the corporate functions of the UCI, but only in sport activities, provided the other conditions are met.
Article 10
1. The Congress shall decide on the admission before voting on any other item of the agenda, with the exception of a vote on the expulsion of a federation. 2. An applicant federation may make a presentation before the Congress. Its delegates must leave the room when the application is being reviewed and the vote taken. 3. If the application is accepted, the delegates of the new member shall be authorized to take part in the deliberations of the Congress immediately.
Article 11
1. The members of the UCI shall extend reciprocal recognition as federations regulating cycling in their respective countries to the exclusion of all others. 2. Each federation shall recognize and execute the decisions taken by another federation. Except for other remedies, the Management Committee may decide upon request of any interested person, that a decision taken in application of a national rule shall have effect in the country of the federation concerned only. 3. Each federation shall spare no effort to enable the members of other federations to take part in international cycling activities organized on its territory. 4. Except in the case of prior consent of the Management Committee, federations and their members shall take part only in cycling activities organized by one of them or by the UCI or a continental confederation. Moreover, they shall not take part in activities organized by a suspended federation, except as provided in art. 18.2.
Article 12
A federation which joins a competing union or association, or a body declared as such by the Management Committee or the Congress, shall be automatically suspended if it refuses to forsake this other membership within the month of the notice to that effect being served by the Management Committee.
Article 13
1. Failure of a federation to fulfil any of its obligations pursuant to the Constitution and Regulations of the UCI shall render said federation liable to a fine of CHF 300.00 to 10,000.00 to be decided by the Management Committee. The Management Committe may also delegate this power. 2. In the event of serious or persistent breach, the federation concerned may moreover be suspended.
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Article 14
Each federation shall pay an annual membership contribution, the amount of which shall be fixed by the Congress on a proposal of the Management Committee.
Article 15
The first contribution is due for the calendar year during which the federation is admitted by the Congress. Nevertheless, an applicant federation may request that its membership takes effect on 1 January after admission by the Congress. In such a case, Article 10.3 shall not apply.
Article 16
The contributions shall be paid to the UCI on or before the 31st of March of the year for which it is due. (text modified on 25.09.08).
Article 17
The Management Committee shall place on the agenda of the next Congress the suspension of a member which has failed to pay its contribution. (text modified on 25.09.08).
Article 18
1. The suspension of a federation entails the following measures in particular: a) non-participation in the Congress of the UCI; b) inadmissibility of the nominations of its affiliates for elections; c) suspension of the members of the federation in committees and commissions of the UCI; d) deletion or non-registration of its races in the international calendar; e) exclusion of its cyclists from world championship and international events; f) refusal or withdrawal of the organization of world championship events. 2. The Management Committee may nonetheless decide, in the interest of third parties in particular, that certain measures will not be applied in such cases or for the period it shall determine.
Article 19
1. A federation may be excluded by the Congress in the following cases: a) When the federation is under suspension during the Congress; b) When the federation ceases to assume the real character of a national cycling federation in its country; c) When the federation discredits the international reputation of cycling sports. 2. The decision to exclude a federation requires a majority of two thirds of the votes cast. 3. The Congress shall decide on the expulsion before voting on any other point on the agenda.
Article 20
The federation shall be given the opportunity to be heard before a sanction is imposed on it.
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Article 21
A federation wishing to leave the UCI shall send a letter of resignation by registered post with acknowledgement of receipt to the registered office of the UCI.
Article 22
1. Under no circumstance will a federation be entitled to reimbursement of its membership contributions. 2. The federations shall claim no damages for decisions taken by the authorities of the UCI concerning them, except in case of abuse of law or serious offence.
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III
1. Federations from the same continent shall be grouped together in a continental confederation, an administrative unit and integral part of the UCI. 2. There shall be 5 continental confederations: Africa America Asia Europe Oceania. 3. Each federation shall be a member of the confederation of the continent in which its national capital lies. Exceptions may be decided by the Congress with the absolute majority of the votes cast upon a request made to the Management Committee by the federation and both continental confederations concerned.
Article 24
1. All continental confederations shall promote the development of cycling in their respective continents and shall inform the UCI of problems concerning cycling specific to their continent. 2. They shall submit to the Management Committee of the UCI proposals for activities at the continental level, and in particular as regards: a) drawing up the continental calendar of cycling events; b) organizing and planning the training courses for commissaires and technicians; c) organizing continental championships or regional games. 3. Continental confederations shall draw up the regulations concerning the organization of continental cycling activities.
Article 25
1. Each continental confederation shall be organized administratively in such a way as to ensure the proper execution of its tasks as well as the participation of the federations in the operation of the UCI. 2. For that purpose, the continental confederations shall establish a continental secretariat and adopt rules of procedure in strict conformity with the Constitution and Regulations of the UCI. The rules of procedure shall provide for, in particular: a) at least one general meeting of the federations every four years; b) an executive committee and a president elected democratically every four years by the general meeting; c) the method of designation of voting delegates to the UCI Congress in accordance with Article 36. 3. The election of the president and the executive comittee shall take place within a seven-month period preceding 1 April of the year in which the UCI Management Committee is elected. The continental confederations can elect at the same time a continental representative to exercise E1010
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the office of their president in the Management Committee of the UCI in the cases provided for in Article 53.2. The confederations will inform the UCI of the identity of the president and of the continental representative in the week of their election. 4. The Management Committee of the UCI can establish standard rules of procedure for the continental confederations. 5. The UCI grants an annual contribution to the operating costs of the Continental Confederations. (article modified on 25.09.08).
Article 26
Regulations and decisions of the continental confederations may be cancelled by the Management Committee of the UCI, either ex officio or at the request of a federation, in case of non-conformity with the Constitution and Regulations of the UCI.
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IV
The Congress is the general meeting of members and the highest authority of the UCI.
Article 28
1. The statutory Congress shall be held annually. 2. The Management Committee may convene extraordinary Congresses. The Management Committee must convene an extraordinary Congress within two months of a request submitted to the Management Committee in writing by one fifth of the federations, stating the reasons and the agenda. 3. The date and venue of each Congress shall be specified by the Management Committee.
Article 29
1. The Congress shall have the following exclusive powers and duties: a) Alteration of the Constitution and dissolution of the association; b) To transfer the registered office of the UCI to another country; c) Admission, expulsion and suspension of federations, without prejudice to Article 46, d; d) Setting the annual amount of contributions on a proposal from the Management Committee; e) Election of the President of the UCI and of nine other members of the Management Committee; f) Dismissal of the members of the Management Committee of the UCI; g) Appointment of the public auditor, on a proposal from the Management Committee and his dismissal. 2. In addition, the Congress shall each year decide on: a) the management report of the Management Committee; b) the auditor's report on the accounts; c) the annual accounts of the previous year; d) the budget for the following year. (text modified on 1.01.10)
Article 30
1. Notices convening the Congress shall be sent to the federations at least sixty days before the date of the Congress. The continental confederations will be sent a copy. The notices shall indicate the date, the time, and the place of the Congress as well as the agenda. Should the case arise, they will be accompanied by the full text of any proposals to amend the Constitution and the list of the candidates for the presidency and the Management Committee. 2. Notices convening the statutory Congress shall moreover be accompanied by: a) the report of the Management Committee; b) the accounts and the budget; c) the auditors report. E1010
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Article 31
1. The agenda of the Congress shall be drawn up by the Management Committee. 2. A federation wishing to include one or more items in the agenda of the Congress, or to put a question to the Management Committee, shall submit its draft proposals stating the reasons on which they are based or the text of its question, in English or in French, to the registered office of the UCI at least ninety days before the date of the Congress. 3. With the exception of alterations to the Constitution, any question not on the agenda of the Congress can be added to be discussed and voted on by the Congress at the request of fifteen federations. 4. Except in cases where the preceding point applies, no vote shall be taken on any question which is not on the agenda.
Article 32
1. Each member of the UCI and the applicant federations whose membership is on the agenda may be represented at the Congress by a delegation of not more than three persons. 2. Delegates must be at least 18 years old, a member of their federation, and duly commissioned by said federation. 3. Members of the UCI's staff may not be appointed as delegates to the Congress. 4. At least fifteen days before the Congress, the applicant federations shall submit to the registered office of the UCI, the exact composition of their delegation, identifying the head of the delegation and any alternates. 5. The identity of the members of each delegation shall be registered at the opening of the Congress by the director-general or his assistant. Once admitted by this procedure, members of delegations may not be replaced during the Congress. (text modified on 1.01.00).
Article 33
Unless otherwise decided by the Congress, the Congresses of the UCI shall be public.
Article 34
1. The President of the UCI shall open and chair the Congress. He shall read the agenda and conduct the discussions and voting operations. 2. He may request the assistance of the members of the Management Committee and the director-general. (text modified on 1.01.00).
Article 35
1. Before proceeding to vote on the items of the agenda, the members of each delegation may address the Congress and speak freely on the item put to vote. 2. For the proper conduct of the Congress, the President may limit the speaking time of each delegate and the number of speakers to one per delegation. 3. The President shall close the discussions unless the Congress decides otherwise.
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Article 36
1. Members shall exercise their voting rights through the agency of voting delegates appointed among each continental confederation. Each delegate must be a member of a federation of the continental confederation concerned. 2. The total number of voting delegates shall be 42 distributed among continental confederations as follows: Africa: 7 delegates America: 9 delegates Asia: 9 delegates Europe: 14 delegates Oceania: 3 delegates 3. Each voting delegate shall have one vote. (text modified on 25.09.08).
Article 37
1. The identity of voting delegates must be communicated to the President of the Congress at the opening of the Congress. 2. A voting delegate may not vote as a proxy for another voting delegate. 3. Voting delegates shall not be appointed from among the members of the staff of the UCI or a continental confederation.
Article 38
1. All proposals which fail to obtain the absolute majority of the votes cast shall be rejected. In case of a tie, the proposal shall be rejected. 2. If the voting pertains to more than two possibilities, none of which obtained absolute majority, a second round of voting shall be organized on the two possibilities with the best score in the first round. 3. A majority of two thirds of the votes cast shall be required in the following cases: a) expulsion of a member; b) dissolution of the UCI; c) amendment of the Constitution. Nevertheless, the dispositions of Articles 23, 36, 38, 47, and 48.1 of the present Constitution cannot be amended except by a majority of three quarters of the votes cast. 4. Abstentions and null and void votes do not count.
Article 39
1. In the case of elections, each voter shall vote for as many candidates as there are vacancies. All other votes shall be null and void. The candidates who obtain the largest number of votes shall be elected. In case of an equality of votes for the last position available, a runoff election of the tied candidates will be conducted by relative majority. In such a case, votes shall be cast for one candidate only, under penalty of the vote being declared void.
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2. If the election is for only one vacancy, the candidate who receives an absolute majority of votes shall be elected. If necessary, a second round of voting shall be organized between the two candidates who received the highest number of votes in the first round. 3. If there is only one candidate for a position or if there are as many candidates as there are positions, the election is conducted without voting.
Article 40
1. Voting is by a show of hands, or if requested by a voting delegate, by roll call. 2. Nevertheless, voting by secret ballot shall be used: a) for the admission, suspension and expulsion of members of the UCI; b) for the election and dismissal of the President and the members of the Management Committee; c) at the request of seven voting delegates. (text modified on 1.01.10)
Article 41
1. All amendments of the items on the agenda must be made in writing, at the registered office of the UCI, at least thirty days before the date of the Congress. The text of the amendments shall be distributed at the beginning of the Congress at the latest. 2. The voting shall pertain first to the amendments, beginning by the last one, then on any amended proposal.
Article 42
The Congress may decide that a proposal is to be submitted to a subcommittee appointed by the Management Committee, which shall draw up a relevant report. This proposal shall be included in the agenda of the next statutory Congress.
Article 43
1. Minutes shall be taken of every Congress of the UCI. 2. The minutes shall be drawn up during the session by the director-general or by the person appointed by the President of the UCI for that purpose. 3. The minutes shall be drawn up in English or in French, at the author's discretion. 4. The minutes shall be translated into French or into English, as the case may be, and sent to the federations and continental confederations. (text modified on 1.01.00).
Article 44
Unless otherwise decided by the Congress, the decisions of the Congress shall be effective immediately.
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1. The UCI shall be managed by its Management Committee under the authority of the Congress. 2. The Management Committee shall be vested with the most extensive powers as regards the management of the UCI and the regulation of cycling sports. It shall decide all matters not otherwise reserved to another policy body by this Constitution.
Article 46
1. Without prejudice to Article 45, the Management Committee shall, in particular: a) fix the date and venue of the Congresses; b) convene and be responsible for organizing Congresses; c) execute the decisions of Congress; d) declare the suspension of members of the UCI, to be approved at the next Congress, in serious and urgent cases; e) propose the nomination of the auditor to the Congress; f) propose the amount of annual contribution to the Congress; g) make up the budgets and the annual accounts to be submitted to the Congress; h) appoint the director-general and the treasurer of the UCI on a proposal from the Executive Committee; i) decide on contracts to be signed with third parties; j) engage staff; k) lay down its own Rules of Procedure; l) establish the Drug Test Regulations and all other Regulations relating the sport of cycling in general; m) (abrogated) n) (abrogated) o) set up and appoint the members of the subcommittees necessary to the proper functioning of the UCI; p) set the venue for the world championships and award their organisation; q) appoint the international commissaires; r) choose the international commissaires for the Olympic Games and the world championships. 2. The Management Committee shall lay down the conditions of participation in cycling events. It may require the granting of licences according to the procedures which it shall draw up or the payment of contributions or fees. 3. Infringements to the regulations and decisions shall be sanctioned in accordance with the regulations and procedures laid down by the Management Committee. The following sanctions may be applied: a) warning b) reprimand c) fine d) suspension e) final exclusion E1010
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f) exclusion from one or more specific events g) disqualification from a race h) downgrading i) penalties in time and/or points j) withdrawal of prizes. 4. Difficulties concerning the interpretation or application of the Regulations of the UCI shall be settled by the Management Committee or, in an emergency, by the President of the UCI or his replacement. The Management Committee may also delegate this power. (text modified on 1.01.00; 1.01.10).
Article 47
1. The Management Committee shall be composed of the President of the UCI and of nine other members elected by the Congress as well as of the presidents of the five continental confederations. Of the ten elected members, at least seven shall belong to European federations. 2. The members intended in Paragraph 1 above can be joined by a maximum of two co-opted members.
Article 48
1. Except in case of succession, the President and the nine other elected members of the Management Committee are elected at the same Congress. The election of the President shall be in accordance with Article 39.2, immediately before the election of the nine other members. The election of these nine other members shall be in accordance with Article 39.1 in such a way that the Management Committee will have at least seven elected members belonging to European federations, including, should the occasion arise, the President of the UCI. If need be article 39.3 shall apply. 2. The term of office of the Management Committee and of the President shall commence immediately upon the adjournment of the Congress that elected them. It shall come to an end upon the adjournment of the Congress that elects the new Management Committee. 3. The Management Committe shall be renewed every four years. Outgoing members shall be eligible for re-election.
Article 49
1. The President of the UCI shall also be the Chairman of the Management Committee. 2. The Management Committee shall elect three Vice-Presidents from among its members by secret ballot.
Article 50
1. The Management Committee, composed in accordance with Article 47.1, may co-opt, for their particular qualities and capacities, not more than 2 persons of their choosing to sit as members of the Management Committee. 2. Except in the event of resignation or dismissal by the Congress or by the Management Committee, the terms of office of such members shall expire at the same time as that of the sitting Management Committee.
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Article 51
1. The candidates for the presidency shall be nominated by the federation of the candidate. The candidates for the nine other elected offices shall be nominated by the respective continental confederations. 2. Under penalty of inadmissibility, the nominations must be written in English or in French and deposited at the registered office of the UCI ninety days prior to the date of the Congress. 3. If there is not a sufficient number of candidates, new nominations may be introduced during the session of the Congress. The election will be limited to the new candidates; the candidates presented according to Paragraphs 1 and 2 above shall be automatically elected.
Article 52
No member of the Management Committee shall be bound by an employment or service contract with the UCI, a federation or a continental confederation at the same time.
Article 53
1. The term of office of a member of the Management Committee shall come to an end by resignation, death, or dismissal by the Congress. The Management Committee will continue to function with the same powers as though it were complete. The election of the successor of an elected member shall take place at the next Congress. The term of office of a president of a continental confederation in the Management Committee shall also come to an end by the election of a new president by this confederation. 2. The term of office of a member of the Management Committee also comes to an end at the day of the Congress following the date at which the member has reached the age of 74 years. The same Congress shall elect a successor. 3. The president of a continental confederation can be replaced as member of the Management Committee by a continental representative elected for this purpose by the continental confederation in question in the following cases: a) when this president, before taking office, resigns his membership of the Management Committee; b) when this president is elected President of the UCI; c) when this president retires from the Management Committee of the UCI or is dismissed but remains in office as president of the continental confederation. The continental representative will be replaced by the new president who will be elected by the continental confederation and who will assume himself the office on the Management Committee. 4. If the Management Committee has only six elected members or fewer, the election of the successors must take place as soon as possible, if necessary at an extraordinary Congress to be convened for this purpose. 5. Resignations can be only submitted with a notice period of at least ninety days, save for decision to the contrary of the Management Committee or of the Congress when the latter meets during the notice period. 6. If a member of the Management Committee is no longer a member of his national federation, the Management Committee will decide, at the request of this federation, if it will enter the vote on the possible dismissal of this member on the agenda of the next Congress. 7. The successor shall complete the term of the predecessor. E1010
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Article 54
1. The Management Committee shall meet at least twice a year of which once shall be in the city and on the eve of the statutory Congress. 2. It shall also meet either at the request of the President, or at the request of at least five members each time circumstances may require. In such a case, the choice of venue shall be left up to the Presidents discretion. However, meetings shall take place, if possible, on the occasion of an international cycling event. 3. In urgent cases, the President can ask for a postal vote. The decision shall be valid if at least two thirds of the members have cast a vote.
Article 55
1. To be able to deliberate validly, the Management Committee must have the majority of its members intended by Article 47.1 present. In no case may the members of the Management Committee have substitutes for themselves. 2. Co-opted members shall have a right to discuss only. 3. Members of the Management Committee shall not take part in the voting on items on the agenda which are of particular interest to their national federation, or the federation in which they hold a position. If necessary, the said items shall be designated by a separate vote, in which the members in question shall not take part. 4. Any member having a personal interest in a matter submitted for deliberation must leave the session before the deliberation. If the Management Committee should deliberate and decide on a disputed issue concerning a federation, the members of the Management Committee with the nationality of this federation shall leave the session. 5. In case of an equality of votes, the President or his replacement shall have a casting vote. (text modified on 9.10.03).
Article 56
1. Matters falling within the jurisdiction of the Management Committee may be allocated between its members who may be assisted in their tasks by a subcommittee chaired by them. 2. A member assigned responsibility for a specific matter shall prepare an annual budget for his field of activity. The budget must be approved by the Management Committee and will thereafter be incorporated into the general budget of the UCI to be submitted to the Congress.
Article 57
During the Congress, the Management Committee shall report on its management. To this end, the Management Committee shall draw up a report, approval of which by the Congress shall amount to discharge for its management.
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VI
1. The routine and/or urgent business of the UCI shall be dealt with by an Executive Committee comprised of the President and the three Vice-Presidents. 2. In case of an equality of votes, the President shall have a casting vote. 3. Members of the Executive Committee shall not take part in the voting on items on the agenda, which are of particular interest to their National Federation, or the Federation in which they hold a position. If necessary, the said items shall be designated by a separate vote, in which the members in question shall not take part. (text modified on 1.01.00; 9.10.03).
Article 59
In cases of extreme urgency, the President may take the decision alone. He shall inform the Executive Committee of these decisions at the next meeting.
Article 60
The Executive Committee shall nominate candidates for treasurer and director-general of the UCI. (text modified on 1.01.00).
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VII
1. The President of the UCI shall chair the Congress of the UCI, and meetings of the Management Committee and Executive Committee. 2. He may, under his own responsibility, appoint persons with a function in cycling as official delegates of the UCI to perform special assignments.
Article 62
The President shall cite the persons and bodies who fail to comply with the Constitution and Regulations.
Article 63
1. The presidency of the UCI is incompatible with any term of office or function within a continental confederation or national federation. The person who is elected UCI President, must resign from these terms of office or functions. If the UCI President accepts any such term of office or function or puts his name forward as a candidate, he is obliged to resign as President of the UCI. 2. If a continental representative is elected UCI President, his term of office on the Management Committee will be taken on by a sucessor to be elected by the confederation concerned. 3. If the President is absent or unable to attend, he is replaced by the Vice-President with the most seniority in office as of 1 January 1993 or, in the event of the same seniority, the oldest in age. 4. In the event of death, resignation or dismissal of the President, the Vice-President as intended in paragraph 3 shall fill the office of president until the next Congress. The Congress will elect the successor to complete the term of his predecessor. When the President reaches the age of 74 years article 53.2 shall apply. (text modified on 1.01.00).
VIII
The President shall represent the UCI in all circumstances, including at law, both as plaintiff and defendant.
Article 65
The UCI shall be validly bound to third parties by the joint signatures of the President and treasurer, or those of the President and a Vice-President.
Articles 66-68
[abrogated].
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IX
1. The Management Committee shall set up sub-committees it deems necessary for the proper functioning of the UCI. It shall prescribe their sphere of activity and functioning and appoint their members. 2. The term of office of a commission member ends in the event of resignation, death or removal by the Management Committee. It also ends the day of the meeting of the Management Committee after the date on which the member concerned celebrates his 74th birthday. (text modified on 1.01.00).
1. The administration of the UCI shall be placed under the direction of the President, assisted by a director-general. 2. The director-general shall be appointed by the Management Committee under contract on a proposal from the Executive Committee. 3. The director-general shall draw up the minutes of the Congresses and the meetings of the Management Committee and the Executive Committee. He shall keep the Constitution and Regulations up to date and see that they are duly published and distributed. 4. The Administrative Service shall assume the general secretarial services of the UCI. It shall also assume routine bookkeeping, receipt of payments, and making authorized payments. 5. The Administrative Service shall be situated in Switzerland at a place fixed by the Management Committee. (text modified on 1.01.00; 1.01.10).
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1. The Management Committee shall appoint a treasurer under contract, on a proposal of the Executive Committee. The treasurer shall have been professionally trained in financial and tax matters. 2. The treasurer shall carry out his duties under the supervision of and in cooperation with the President of the UCI. He shall be assisted by the Administrative Service of the UCI. 3. The treasurer shall prepare UCIs budget and draw up the annual accounts. He shall examine the financial and tax implications of all contracts entered into by the UCI and shall give his opinion thereon. He shall control revenues and expenditures. He shall have the financial powers which may be delegated to him by the Management Committee.
Article 72
1. The financial year of the UCI shall commence on 1 January and close on 31 December. 2. The resources of the UCI shall consist in particular of the contributions of the federations, the contributions or fees of licence-holders, sponsoring and the royalties generated by sport activities. 3. All the sums indicated in the texts and documents of the UCI shall be in Swiss francs. 4. In accordance with objective criteria and within the limits of the budget approved by the Congress, an allowance may be granted to persons who exercise tasks inside the UCI which take up a considerable amount of their time. 5. Travel and accommodation expenses of the members of the Management Committee and subcommittees with regard to the execution of their duties, shall be at the expense of the UCI.
XII
1. On a proposal from the Management Committee, the Congress shall appoint a public auditor for a period of four years. His term of office shall be terminated exclusively by the Congress, which shall also approve the contract between the auditor and the UCI. 2. The auditor shall be appointed two years after the election of the Management Committee. 3. The auditor shall be an independent company auditor established in Switzerland. 4. The auditor shall audit the accounts of the UCI, and draw up a relevant report to be submitted to the Congress.
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[modifications accepted at the UCI Congress in Bardolino, 30 September 2004] (chapter modified on 30.09.04, effective as of 1.01.10)
Article 74
The Court of Arbitration for Sport in Lausanne, Switzerland, is the sole competent authority to deal with and judge appeals, in cases stipulated by the rules established by the Management Committee, against sporting, disciplinary and administrative decisions taken in accordance with UCI rules.
Article 75
The Court of Arbitration for Sport in Lausanne, Switzerland, is the sole competent authority, with the exclusion of state courts, to deal with and judge disputes between UCI bodies, including continental confederations, and disputes between Federations.
Article 76
The Court of Arbitration for Sport makes a ruling in the last instance.
Article 77
Proceedings with the Court of Arbitration for Sport are governed by UCI rules and for the rest, by the Code of arbitration for sport.
Article 78
In the absence of a choice of applicable law by the parties, the Court of Arbitration for Sport will apply Swiss law.
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1. The Constitution, Regulations and minutes, as well as all documents submitted to the Congress, shall be drawn up in English and in French. 2. In the event of divergence between the English and the French texts, the text in its original language shall prevail. (text modified on 25.09.08).
Article 81
1. All documents or letters addressed to the UCI must be in English or in French. 2. The languages used during the Congresses and the meetings of the policy bodies of the UCI shall be English and French. 3. During the Congresses, simultaneous interpretation shall be provided in French and in English.
XV
1. The flag of the UCI shall be a white flag having in its centre the UCI logo with the lettering UCI and coloured horizontal stripes in blue - red - black - yellow and green, reading downwards. 2. The UCI insignia shall be identical to the logo lodged and registered with the relevant bodies in each country. 3. The flag, the colours arranged thereon, the logo and its reproduction, as well as the name International Cycling Union and the abbreviation UCI are the property of the International Cycling Union and may not be used without its consent.
Article 83
The Congress may confer the title of a position to a person who has exercised said position at UCI honoris causa.
Article 84
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1. UCI Regulations established by the Management Committee and especially Drug Test Regulations, may provide for appeal to the Court of Arbitration for Sport in Lausanne. 2. Without prejudice to the statutory and special regulatory provisions, all actions initiated by a licence-holder or any other person subject to the Regulations of the UCI, shall be inadmissible unless all appeals stipulated by the Constitution or Regulations have been exhausted. 3. All proceedings instituted against the UCI shall be referred exclusively to the competent court of the Canton where the registered office of the UCI is situated, even in the case of proceedings on intervention or guarantee. The plaintiff shall not rely on any connexity whatsoever.
XVII
1. The UCI shall be established for an indefinite period. 2. The issue of its dissolution shall be decided only by an extraordinary Congress. 3. The Management Committee shall convene the extraordinary Congress to deliberate on the possible dissolution of the UCI, either at the written request of at least one fifth of the federations or pursuant to a decision taken from among its members by a majority of two thirds of the votes. 4. The Congress must represent at least two thirds of the voting delegates at the time of the voting. Dissolution shall be decided by a majority of two thirds of the votes cast.
Article 87
1. The Congress which shall decide on the dissolution of the UCI shall appoint one or more liquidators. Otherwise, the liquidation shall be entrusted to the Management Committee. The Congress shall also decide on the use of the balance of the liquidation. If it should not, the balance shall be donated to an international charity. Under no condition shall said balance be distributed to the members of the UCI. 2. At the end of the liquidation process, the liquidators shall give account to Congress which shall declare the liquidation closed.
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