The European Food Law Association is a non-governmental organisation under Belgian law. It was created on May 4 1973 at the Institut d'Etudes européennes (Institute of European Studies) of the Free University of Brussels (ULB), during an Assembly which brought together many Food Law and Food Sciences specialists from different countries of Western Europe. A statutes project had been established by Mr Alain Gérard, former Secretary General and Vice-President of the EFLA, who initiated this meeting. The Bylaws were adopted by the opening Assembly, then approved by Royal Decree on 8 October 1973, attributing to the EFLA the status of legal entity under Belgian law.

• to a better knowledge of Food Law considered as a specific sector of general law;
• to the development of Food Law and to its international harmonisation, with due regard to its specific interdisciplinary character and to its particular role in the field of consumer protection."

• A structure for on-going dialogue to debate the current questions in the area of Food Law. By bringing together the experts in particular areas, the EFLA enables an interdisciplinary and international approach to these problems, in a spirit of independence with regard to all the economic and political interests.
• A permanent framework of information and consultation in order to improve if need be the knowledge of Food Law through conferences, seminars, reports, legal and scientific monographs, specialised working groups, etc.
• Permanent and independent support for cooperation with political and administrative organisations. It is in this vein that the EFLA has established deep bonds withthe following institutions with the same spirit of independence with regard to political and economic interests:
  • The Codex Alimentarius: the EFLA has observer status for the work of the joined Commission FAO/WHO and its subsidiary bodies. Since its beginnings, the EFLA has been admitted as a participant in the work of the Codex Alimentarius. In practice, the EFLA is represented by one or another member of its Council in certain meetings of the Codex. This representative has plenty of time to explain the work carried out by the EFLA in the areas concerned, and even to make an official declaration in the name of the EFLA, if this has been approved by the Council.
  • The Council of Europe, for which the EFLA obtained consultative status in 1979. It was on the occasion of study days dedicated to the 'International Organisation and the Health Protection of the Consumers in the Area of Foodstuffs', 19-20 April 1979 in Strasbourg that the Association officially received this status from the Council of Europe.
  • The FAO, where the EFLA has obtained liaison status. This co-operative relationship was announced in 1983 in Brussels, on the occasion of the academic meeting commemorating the first ten years of the EFLA, parallel to which a conference dedicated to 'Research and Training in Food Law' was also organised. ¨
  • The European Union, in particular the Commission, with which the EFLA has always maintained regular scientific and legal relations.

The EFLA is endeavouring in addition to develop contacts with the countries of Central Europe, where a number of its members have their origins...

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By virtue of the Bylaws and since the founding Assembly in Brussels on 4 May 1973, an ordinary session of the General Assembly of the EFLA has taken place every two years. Traditionally this is the occasion for an International Congress which thus has the same periodicity.

The role of the Assembly, as it is defined by the Bylaws, includes the discussion of a general activities report, the approval of the accounts for the preceding period, and budget proposals for the period to come, setting an amount for the registration fees, and the election of the Council members. The Assembly can also address to the Council, the President or the General Secretary 'any appropriate recommendations for the accomplishment of their respective duties'. Usually the current questions are discussed, as well as the role which the EFLA could find to play in them.

The minutes of the General Assembly are written up by the General Secretary, submitted for the approval at the time of the following Assembly before being inserted in the EFLA Newsletter.

The Council is the decision-making body of the Association for all the questions that are not specially assigned by the Bylaws to the General Assembly and which do not concern acts of the everyday administration delegated to the General Secretary. The Council consists of a maximum of 20 members, all of whom can be re-elected without limitation with the exception of the President. Besides the honorary members and honorary Presidents, the Presidents of the national sections are also invited to attend the Council meetings with a consultative voice.

According to the Bylaws, the Council meets at least one a year. In practice, each year generally sees a minimum of two Council meetings take place. Between these meetings the President and the General Secretary assume the day-to-day management of the Association.

The President is chosen for his/her "knowledge in food law and his independence from any particular interest.' The President shall, as far as possible, have legal training', but this condition has never been considered as essential, since the most important are the qualities, experience and competence recognised as part of the chosen person. Another major characteristic is the international representativeness and the will to have in turns presidents from different member states, such that of all the members of the Council only the President, elected for two years, cannot exercise his/her function for more than two executive mandates. Italian, French, German, English and Spanish Presidents have presided over the destiny of the EFLA, which corresponds to the most active sections in the Association.

The General Secretary, who, like all the other members of the Council is a volunteer, assumes the administrative tasks and the daily management of the EFLA. Unlike the President, the General Secretary can be elected indefinitely. This allows the Association to have a fixed address, a 'home' so that even though the presidency rotates, a certain stability is provided for the Association. In its twenty-five years of existence the EFLA has only had two general secretaries.

The Treasurer is, for his/her part, co-opted from among the members of the Council, unlike the President and the General Secretary, who are elected by the General Assembly. The treasurer is in charge of the financial administration of the Association: he/she verifies the payment of fees of the members and the expenditures relating to the operations of the Association. He/she makes a report of this to the Council and to the General Assembly. In each ordinary session the latter elects two auditors who cannot be part of the Council.

The National Sections of the EFLA

According to the Bylaws, the national sections of the EFLA are not constituent or necessary components of the Association. Every national section can seek accreditation through the Council, under conditions which it shall lay down, but the EFLA is not an association that federates the various national associations at European level. A national section, if it exists, pursues the same goals as the Association, but in a limited geographical area. Each section presents a report of its activities at the General Assembly.

The coordination and the material preparation of the biennial congresses of the EFLA are often provided by the national section which has taken the initiative for them, and which accepts the responsibility for this as the host country. The Organising Committee, designated by the Council, constitutes the natural framework for the cooperation between the Council of the EFLA and the aforementioned section.

It is necessary to emphasise the importance of the national sections. They constitute a precious source of information and of human and scientific contacts, as well as a framework especially adapted to the development of mutual cooperation. Because they are closer to the members, they constitute a good source of contacts and of new registrations. They partly have the responsibility for 'proselytising' within the Association. The frequent organisation of seminars or conferences of a local (or international) nature allows the national sections to make the EFLA known in the regions where they are established, thus contributing to developing the influence and the credibility of the Association.

Up to the present time national sections have been formed in Italy, in Spain, in the United Kingdom, in Germany, in Belgium and in France.

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ASSOCIATION EUROPÉENNE POUR LE DROIT DE L'ALIMENTATION (AEDA)
EUROPEAN FOOD LAW ASSOCIATION (EFLA)
Adopted in Brussels on 4 May 1973,
Modified in Barcelona on 27 October 1994
Modified in Brussels on 15 October 1998

Article 1 - Name and Headquarters
1. There is hereby constituted an international non-profit making association, under the Belgian law, the name of which shall be the European Food Law Association (EFLA) hereafter referred to as "the Association".
2. The headquarters of the Association shall be established in Belgium. It shall be located in a municipal borough of the greater Brussels area.

Article 2 - Purposes
1. The purposes of the Association shall be to contribute in Europe, by all appropriate means:
a)To a better knowledge of food law considered as a specific sector of general Law;
b)To the development of food law and to its international harmonisation, with due regard to its specific interdisciplinary character and to its particular role in the field of consumer protection.
2. The Association shall co-operate within its means with any organisation or institution, national or international, public or private, established in Europe or in any region of the World, with similar aims on a non-profit basis. In particular, the Association shall endeavour to afford all assistance in the form of expertise when requested, with a view to the development of food law in non-industrialised countries.

Article 3 - Composition
The Association shall consist of :
a) Individual members who, by their professional activities or their publications, contribute to the development of food law in a legal or non-Legal field;
b) Corporate members, the aim of which are considered by the Council compatible with the aim of the Association.

Article 4 - Ordinary Membership
1. Ordinary membership of the Association shall be granted by the Council to any person, including a person established outside of European Union who satisfies the requirements of Article 3.
2. Members of the Association shall exercise the right of vote in the General Assembly under the conditions laid down in Article 8.
3. Members of the Association, be they individuals or persons representing a corporate member, shall act with no intention of gain.
4. Members of the Association shall pay an annual subscription, the amount of which shall be determined by the General Assembly.
5. Membership shall be granted for an unlimited duration. The Council, however, may consider that a member has resigned if his subscription is in arrear for more thon one year. The Council may also, by a two-thirds majority of its members, decide to expel any member who has caused serious material or moral damage to the Association.
6. Members who no longer belong to the Association shall have no claim on the assets of the Association.

Article 5 - Patrons and Sponsor Members
1. The Council may grant the title of "Patron" of the Association to any person of international repute who has made a significant contribution to the development or harmonisation of food law. Patrons who are not members of the Council shall be invited to its meetings in an advisory capacity.
2. The Council may grant the title of "Sponsor Member" of the Association, on such conditions as it may determine, to persons, institutions, agencies, or companies who agree to contribute financially to the achievement of the purposes of the Association.

Article 6 - Organs
The organs of the Association are the General Assembly, the Council, the Executive Committee , the President and the Secretary General.

Article 7 - The General Assembly
1. The General Assembly shall consist of ordinary members and "Patrons" of the Association. It shall meet every two years in ordinary session. It may also be convened in extraordinary session by decision of the Council. Ordinary members of the Association, be they individuals or corporate, are allocated only one vote.
2. The place and date of the sessions of the General Assembly shall be determined by the Council.
3. The President shall, in consultation with the Secretary General, determine the agenda of ordinary sessions. The agenda shall include the election of the Council members and of the auditors, the discussion of the general report of activities, and the approval of the income and expenditure accounts for the previous period as well as the budget for the following period. The General Assembly may also, on its own initiative, consider any matter not on the agenda provided that such matter is related to the purposes of the Association.
4. The agenda of extraordinary sessions shall be determined by the Council.
5. The General Assembly shall convey to the Council, to the Executive Committee, to the General Secretariat or to the President, any appropriate recommendation for the accomplishment of their respective duties as described in this Constitution.
6. With due regard to Article 13 paragraph 2, decisions of the General Assembly shall be taken by a majority of members present or represented. Absent members may be represented by another paid up member holding a written proxy, provided that no member shall cast more than three votes.

Article 8 - The Council
1. The Council of the Association is composed of a maximum of 21 ordinary individual members elected at each ordinary session. It shall consist of the President, three Vice-presidents, the General Secretary and a maximum of sixteen other members.
As for as possible, at least one half of the members of the Council shall have legal training.
2. No more than one firth of members of the Council may be of the same nationality. This limitation is not applicable to those members who exercise responsibilities within European or international public organisations on a permanent basis.
3. Members of the Council may be re-elected. The office of the President, however, shall not be held by the same person for more than two consecutive terms. He shall be chosen for his personal competence in the field of food law and for his spirit of independence from any particular interest. He shall not accept instructions from any Government or public/private enterprise or institution in the execution of his duties.
4. The Council shall meet at least once a year and whenever deemed necessary. The place, date, and agenda of its meetings shall be determined by the President in consultation with the Secretary General. The Council may, however, consider on its own initiative, any matter not on the agenda, provided that such matter is related to the purposes of the Association.
5. The Council shall be responsible for the management and administration of the Association and for the implementation of recommendations of the General Assembly. It shall take any measure deemed useful for the accomplishment of the purposes of the Association, provided that it reports thereon to the General Assembly. It may delegate to any of its members the exercise of specific powers, appoint within the Association any study or working committee, invite to its discussions and co-operate with any external institution for the accomplishment of the purposes of the Association.
6. With due regard to Article 4 paragraph 5, the decisions of the Council shall be taken by an absolute majority of its members present or represented. Absent members may be represented by another member of the Council holding a written proxy, provided that no member shall cast more thon two votes.
7. Detailed rules for the implementation of the present article are established by the Council.

Article 9 - The Executive Committee
1. The Executive Committee is composed of the President, Vice-presidents, Secretary General and Treasurer. It is convened by the President or by a Vice-President upon delegation of the President, between Council meetings.
2. The Executive Committee acts for the implementation of the Council's decisions, without prejudice of the latter prerogatives according to article 8 paragraph 5.

Article 10 - The President and Vice-presidents
1. In the designation of the President, consideration shall be given to his knowledge in food law and to his independence from any particular interest. For the purpose of exercising his functions, he shall not accept any order from any government, firm or institution, be it private or public.
2. The President shall convene meetings of the General Assembly and of the Council and shall conduct their discussions. In the event of a tie he shall have a casting vote.
3. The President shall represent the Association vis-à-vis third parties with due regard to the provisions of Article .10 paragraph 1 and Article 12 paragraph 1. He shall execute the decisions of the Council and take, in consultation with the Secretary General, any urgent measure of management or administration, provided that he reports thereon to the Council at its next session.
4. The Vice-presidents shall participate actively to the works of the Council and accomplish the missions granted to them by the Council. Upon request, they shall replace the President when absent or unable to attend.

Article 11 - The Secretary General
1. The Secretary General shall be responsible for the day-to-day administration, in so doing of which he shall represent the Association and report to the Council.
2. The Secretary General shall assist the President in carrying out the Council decisions. He shall make arrangements for the proceedings of the General Assembly and of the Council and shall draft the reports thereof.
3. The Secretary General shall be responsible for the activity of the administrative staff of the secretariat whose appointment has been authorised by the Council, under conditions which it has laid down.

Article 12 - Financial Provisions
1. The funds of the Association shall consist of the annual subscriptions paid by the members and of any grants or subsidies from public or private sponsors.
2. The funds available shall be used exclusively for expenditure directly related to the purposes of the Association. In particular, the Association shall not own real estate other than that required for its activities. It shall not proceed to investments nor undertake financial deals which are speculative.
3. The Council may designate, from among its members, a Treasurer charged with the financial administration of the Association.
4. The Council may set up separate funds and accounts to carry out specific projects in relation to the purposes of the Association, in particular for the allocation of subsidies to such projects by special grants or financial contributions.
5. The General Assembly shall appoint at each ordinary session, two auditors who shall be members of the Council. The auditors may, at any time, request from the Secretary General or the Treasurer, information relating to the administration of the funds of the Association. They shall check that the books of account, etc., conform with the financial position as laid before the General Assembly, and they shall submit to the President of the
Association, before each ordinary session, a written report of the results of their auditing. If any auditor is prevented from fulfilling his task, the Council, or in any case of emergency the President, shall provide a substitute.

Article 13 - Special Provisions Relating to Representation
1. The Association shall be represented by the President and the Secretary General, acting jointly, in respect of :
a) Any financial or contractual undertaking binding the Association;
b) Any judicial proceedings taken on behalf of the Association.
2. Any civil litigation relating to the activities or to the assets of the Association shall be within the jurisdiction of the courts of the place where the Association has its headquarters, unless otherwise stipulated.

Article 14 - Special Provisions in Case of Amendment to the Constitution or of Winding up of the .Association
1. Any decision entailing an amendment to this Constitution or the winding up of the Association shall be taken by the General Assembly, provided that the nature of the proposed amendment or conditions governing the liquidation envisaged have been duly shown in the agenda.
2. With due regard to Article 7 paragraph 6, no decision of the General Assembly entailing amendment to this Constitution, or the winding up of the Association and the disposal of its assets, shall be taken unless one third of the ordinary members referred to at article 4 and who are paid up members are present or represented. Such a decision is approved by a two-thirds majority of said members, whether voting or not.
3. In case of the winding up of the Association and of the disposal of its assets, such assets shall be distributed on a preferential basis to bodies or associations engaged in non-profit making activities linked with the purposes of the Association.

Article 15 - Languages
1. The working languages of the Association shall be French and English.
2. Any communication addressed to members collectively shall be in both of these languages as far as possible, and in the original version in other cases.

Article 16 - Regional or National Sections
1. The Council may authorise, under conditions which it shall lay down, the establishment of regional or national sections in order to promote, in a limited geographical area, the achievement of the purposes of the Association.
2. It must be reported to the General Assembly at each ordinary session on the establishment and activities of regional or national sections of the Association.
3. The Council may withdraw its approval of regional or national sections who do not comply with the conditions imposed to them deriving from paragraph 1 above. It informs the General Assembly about its intention prior to the said decision.

Article 17 - Final Provisions
1. Two original copies of this Constitution, one in French and one in English, shall be kept at the headquarters of the Association.

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