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Statute of the Maltese Olympic Committee

DEFINITIONS

In this Statute, if not inconsistent with the subject or context, the abbreviations/words standing in the first column of the table set out in Appendix A shall bear the meaning set opposite to them in the second column thereof. The defined terms are indicated in bold italics throughout the Statute.

Unless the context requires another interpretation and where the context so permits:

  1. a) Words importing the singular shall include the plural number and vice versa.
  2. b) Words importing the masculine gender shall include the feminine gender.
  3. c) Words importing persons shall include any legal person.

1 NAME

The name of the Organisation is the Maltese Olympic Committee.

The Maltese Olympic Committee is the National Olympic Committee of Malta. It is an autonomous, non-governmental, not-for-profit, voluntary organization, of unlimited duration, in the form of an association.

2. GENERAL PROVISIONS

2.1 This Statute and any amendments thereof are adopted by a two-thirds majority as provided by Article 9.15 and shall always be in accordance with the Olympic Charter of the IOC.

2.2 This Statute and any amendments thereof remain subject to the final revision and approval of the IOC. Any amendments approved by the General Assembly but not endorsed by the IOC will be rescinded.

2.3 The MOC Executive Board may from time to time introduce, alter or rescind Bylaws as it thinks fit towards the better management of the MOC and its affairs. These Bylaws and any changes must be brought for approval by the General Assembly at the next due meeting and are adopted by a simple majority as provided by Article 9.16.

2.4 The MOC shall be the supreme and exclusive authority on matters relating to representation of Malta at the various international Games under its authority. Maltese representation at the Games falls under the jurisdiction of the

2.5 The MOC has the authority to apply to organise international Games in Malta. In so doing, the MOC shall comply with the applicable rules of the Olympic Charter for the Olympic Games and of the concerned International Sport Organisations for other Games.

2.6 The MOC undertakes to comply with the Rules and Bylaws of the IOC regarding the participation of athletes in the Olympic Games as well as with the provisions of other recognised International Sport Organisations for other Games.

2.7 The MOC is a completely autonomous and independent body and shall resist all pressures of any kind whatsoever, whether political, religious, racial or economic, that may prevent it from complying with the Olympic Charter or from fulfilling its roles according to this

2.8 The MOC emblem is as shown in Appendix B. It consists of a red eight-pointed Maltese cross above five interlaced rings, known as the “Olympic Rings”. The flag shall consist of the MOC Emblem on a white background. The MOC emblem and flag, as well as any change or variation in them, shall be subject to the approval of the IOC. 

2.9 The MOC may only use the Olympic symbol, flag, motto and anthem (which are the exclusive property of the IOC) within the framework of its non-profit-making activities provided such use contributes to the development of the Olympic Movement and does not detract from its dignity, and provided that it has obtained the prior approval of the IOC, in accordance with the Olympic Charter. All Olympic properties including but not limited to the Olympic symbol, flag, motto, anthem, identifications (including but not limited to “Olympic Games” and “Games of the Olympiad”), designations, emblems, flame and torches, and all rights to any and all Olympic properties, as well as all rights to the use thereof, belong exclusively to the IOC. The MOC is responsible to the IOC for the observance, in Malta, of Rules 7-14 and BLR 7-14 of the Olympic Charter. It shall take steps to prohibit any use of any Olympic properties which would be contrary to such Rules or their Bylaws. It shall also endeavour to obtain, for the benefit of the IOC, protection of the Olympic properties of the IOC.

2.10 The address of the MOC shall be c/o National Swimming Pool Complex, Maria Teresa Spinelli Street, Gzira, Malta or that address as the Executive Board may from time to time decide.

2.11 The Maltese and English languages shall be the official languages of the MOC, and the administration may use any of these two languages for all official purposes.

2.12 Legal representation of the MOC shall be vested in the President and/or Secretary General and/or the person so appointed by the Executive Board.

2.13 The financial year of the MOC will be from the 1st January till the 31st December.

3 VISION, MISSION AND STRATEGY

3.1 To propagate the fundamental principles of Olympism at national level within the framework of sports activities and otherwise contribute, among other things, to the diffusion of Olympism in the teaching programmes of physical education and sport in national primary, secondary and tertiary educational establishments.

3.2 To ensure compliance with the Olympic Charter in Malta.

3.3 To closely collaborate with the IOC, EOC, ANOC, the NOCs of other countries, the CGF, the ICMG, other international sport organisations as well as national sport organisations and authorities.

3.4 To encourage and promote interests in such sports as may form part of the Games for which participation falls under the exclusive authority of the MOC.

3.5 To constitute, organise, lead and be responsible for Maltese delegations at the Games and for this purpose:

3.5.1 To ensure that preparations by prospective participants are of a standard that would ensure participation with honour in all events.

3.5.2 To foster and, if necessary, subsidize the representation for Maltese contingents at the Games.

3.5.3 To allocate and distribute funds to its Federations.

3.6 To ascertain the adequate financial conditions to meet all its functions and roles through, but not limited to, the financial contributions of the IOC and other International Sport Organisations; funding from national government; sponsorship from private individuals or companies; profit percentages gained on sports events; television broadcasting rights and the sale of merchandising.

3.7 To maintain harmonious and cooperative relations with the relevant national governmental and non-governmental authorities as well as other sport organisations.

3.8 To offer solutions and encourage the development of sport in general in Malta; and to assist in the training of sports administrators and officials.

3.9 To submit proposals and comments on sports law and regulation, keeping into account the evolution of international protocols.

3.10 To see to the creation of institutions which devote themselves to Olympic education; and to concern itself with the establishment and activities of a National Olympic Academy, an Olympic Museum and cultural programmes related to the Olympic Movement.

3.11 To encourage the development of high-performance sport as well as to encourage the concept and accessibility of sport for all.

3.12 To encourage and support the promotion of women in sport at all levels and in all structures with a view to implementing the principle of gender equality.

3.13 To encourage and support measures relating to the medical care, health and well-being of athletes and sports officials.

3.14 To fight against the use of substances and methods prohibited by WADA or the International Sports Organisations through the adoption and implementation of the World Anti-Doping Code thereby ensuring that the anti-doping policies and rules, membership and/or funding requirements and results management procedures conform with the World Anti-Doping Code. In so doing, the MOC will also support and be compliant with the anti-doping laws of Malta and adhere to the recommendations pursuant from the National Anti-Doping Organisation.

3.15 To fight against competition manipulations through the adoption and implementation of the OM Code PMC, thereby ensuring that relevant policies and rules, membership and /or funding requirements are in conformity with the OM Code PMC.

3.16 To encourage and support the promotion of ethics and good governance in sport as well as education of youth through sport and to dedicate its efforts to ensuring that, in sport, the spirit of fair play prevails.

3.17 To undertake to participate in actions to promote peace by placing sport at the service of humanity; to promote gender equality and inclusion in sport; and to demonstrate a responsible concern for environmental issues.

3.18 To encourage and support initiatives blending sport with culture and education.

3.19 To commit itself to act against any form of abuse, harassment and violence in sport.

3.20 To secure the enjoyment of the rights and freedoms set forth in this Statute without discrimination of any kind, such as race, colour, gender, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth or other status.

4 MOC’s AFFILIATION TO OTHER INSTITUTIONS

4.1 The MOC is recognised by the IOC and shall be affiliated to the EOC, ANOC, ICMG and the GSSE

4.2 The MOC, being also the governing body of the Commonwealth Games Association of Malta, shall be affiliated to the CGF.

4.3 To enable the MOC to reach its objectives and roles, the MOC may also affiliate with any other International Sports Organisation including COJI.

5 MEMBERSHIP AND AFFILIATION TO THE MOC

5.1 The MOC shall have the following categories of membership:

5.1.1 Affiliate members – being properly constituted Federations or organisations which must have been set up and active for at least two years and fall under one of the following categories:

5.1.1.1 Olympic Federations which are affiliated to their respective IF and which organise, on a national level, a sport which forms part of the programme of the Olympic Games.

5.1.1.2 Non-Olympic Federations which are affiliated to their respective IF and which organise a sport on a national level.

5.1.1.3 Traditional sport.

5.1.2 Associate members – being:

5.1.2.1 All other properly constituted active Federations which are not MOC affiliate members.

5.2 The MOC will recognise only one national Federation for each sport. The Federation must be recognised by the IF of that sport and, in turn, the IF must be recognised by the IOC. Proof must be provided that the Federation exercises a specific and real sports’ activity in Malta and internationally, including organisation of a national competition. This could include development programmes of its sport in Malta, by organising and/or participating in competitions and/or by implementing training programmes for its athletes.

5.3 To be considered for membership, the Federation shall formally undertake to:

5.3.1 Abide by the Olympic Charter, the MOC’s Statute, Bylaws, policies and decisions while acting in the capacity as a member or as a participant in MOC’s events or activities.
5.3.2 Fight against the use of substances and methods prohibited by WADA or the International Sports Organisations through the implementation of the World Anti-Doping Code, to be compliant with the anti-doping laws of Malta and adhere to the recommendations pursuant from the National Anti-Doping Organisation.
5.3.3 Fight against competition manipulations through the adoption of rules in conformity with the OM Code PMC and the development of relevant awareness raising activities.

5.4 All applications for membership shall be examined by the Executive Board for verification on whether such applications conform to the requirements of the MOC. The Executive Board can request further information or clarification before submitting its recommendations to the MOC General Assembly.

5.5 A motion of application to be accepted as an affiliate or associate member of the MOC must appear on the agenda of the General Assembly meeting and shall require the approval of at least two-thirds of the voting members present at the meeting for its adoption.

5.5.1 Olympic Federations are automatically elected as associate or affiliate members of the MOC and do not require acceptance by the General Assembly as long as they comply with the provisions of Articles 5.2, 5.3 and 15.

5.6 Affiliate or associate Federations of the MOC must continue to comply with the provisions of Articles 15 of this Statute otherwise Articles 6 will be invoked.

5.7 Affiliate and associate Federations of the MOC may benefit from any programme or project of the MOC.

6 SUSPENSION OR REMOVAL OF MEMBERSHIP BY THE GENERAL ASSEMBLY

6.1 The MOC Executive Board may suspend temporarily any Federation if it results that the Federation is in default of any criteria established for membership or for any other reason that the Executive Board may deem fit, after prior consultation and coordination with the IF concerned. At the first possible General Assembly, the Executive Board will then recommend to the General Assembly that such Federation be either suspended temporarily or expelled.

6.2 A motion of removal of a Federation must appear on the agenda of the General Assembly meeting and shall require the approval of at least two-thirds of the voting members present at the meeting for its adoption.

6.3 Any individual, including one representing his Federation, may be similarly suspended or otherwise dealt with.

6.4 A motion of removal of any individual must appear on the agenda of the General Assembly meeting and shall require a simple majority approval of the voting members present at the meeting for its adoption.

6.5 The Federation or individual will have the right to address the General Assembly to make a case before the General Assembly will take a decision. This will include the right to bring proof or witnesses. The General Assembly will have the right to ask questions.

6.6 A Federation or any individual that is suspended shall be notified by registered letter by not later than seven days of the decision indicating the date and period of suspension.

6.7 A term of suspension commences from the time it is pronounced by the MOC unless otherwise stipulated and does not expire until the close of the day named in the decision.

6.8 A Federation or any individual can appeal this decision through arbitration according to the provisions of the (Malta) Sports Act. The decision of the arbitration tribunal will be binding on all parties, subject to any further appeal to Court of Arbitration for Sport based in Lausanne, Switzerland, under Article 7.5 of this Statute.

7 DISCIPLINARY AND GRIEVANCE PROCEDURES

7.1 In the event of alleged misconduct, breach of the MOC’s code of ethics, breach of the Games’ Agreement or similar offences, the MOC Executive Board will have the right to rescind any privileges to any athlete or official from its Federations or enforce any other restriction it may deem fit to impose depending on the gravity of the case. In deciding any given case the MOC Executive Board shall ensure that the person facing any proceedings is given a fair hearing.

7.2 The MOC Executive Board will either decide the matter on its own merits or else, should the matter be of major importance, refer the matter to other pertinent boards or authorities or else set up a Disciplinary Board composed of three independent persons. The chairman of this board shall be a warranted lawyer, shall be approved by the General Assembly and shall nominate the two other independent persons to assist him. The Disciplinary Board shall have the right to regulate its own procedure following the guidelines of the Disciplinary Process as set up in Bylaw 3. The Disciplinary Board may impose restrictions it may deem fit to impose depending on the gravity of the case.

7.3 If the MOC receives a complaint or grievance from a Federation against any action of an official of the MOC or against any official appointed by the MOC to the Games, the MOC shall, where appropriate, refer the matter to other pertinent boards or authorities or else refer the matter to the Complaints Board composed of three independent persons. The chairman of this board shall be a warranted lawyer, shall be approved by the General Assembly and shall nominate the two other independent persons to assist him. The Complaints Board shall have the right to regulate its own procedure however it must ensure that the person subject to the proceedings is given a fair hearing according to the provisions of Bylaw 3. The Complaints Board shall decide each given case based on its rules and regulations and were not possible, based on equity.

7.4 Any decision taken by the Disciplinary Board or the Complaints Board may be submitted exclusively by way of appeal to an Appeals Board within fourteen days after reception of the decision. The Appeals Board shall be composed of three independent persons, the chairman of which shall be a warranted lawyer, shall be approved by the General Assembly and shall nominate the two other independent persons to assist him.

7.5 Thereafter, an appeal shall lie to the Court of Arbitration for Sports. CAS will resolve the dispute definitively in accordance with its Code of Sports Related Arbitration. The time limit for appeal is twenty-one days after the reception of the decision concerning an appeal.

8 GOVERNANCE & CONFLICT OF INTEREST

8.1 The governance and administration of the MOC shall be vested in:

8.1.1 The General Assembly according to the provisions of Articles 9 to 12.

8.1.2 The Executive Board according to the provisions of Articles 8 and 13.

8.2 The Executive Board officials of the MOC shall not accept any compensation, commission, or bonus of any kind in consideration for their services or for the performance of their duties, from the MOC or from organisations providing goods or services to the MOC. This does not include payments or salaries by these organisations for professional services they have been directly contracted or employed to provide. Executive Board officials may be reimbursed by the MOC for justifiable and reasonable expenses incurred in the carrying out of their functions on behalf of the MOC.

8.3 The MOC may delegate any official of its Executive Board to represent it on any national government or other public authority board.

8.4 The national government or other public authorities shall not designate, nominate or appoint any person to the Executive Board or to the General Assembly of the MOC. However, the MOC may decide, at is discretion, to co-opt as members representatives of such authorities. Such members will hold a post in an ex-officio capacity with no voting rights.

8.5 Any person expelled from the IOC, EOC, MOC, IF or NF, may not be a delegate or official of any governing, executive or administrative body or commission of the MOC.

8.6 The President and Secretary General of the MOC must not hold executive posts with any Federation. Within thirty days from their election to the MOC Executive Board, they must relinquish any such posts, failing which, their election will be deemed null and void.

8.7 All MOC Executive Board officials must declare in writing to the MOC any interest that they, or individuals related to them as per Article 11.10, have that might conflict with their duties to the MOC. This declaration must be received within seven days as soon as such potential conflict of interest becomes apparent.

8.7.1 A conflict of interest could include, but is not limited to, all other sport-related roles, such as: their employment; business relationships; involvement with any sponsor; any sport-related appointment and/or commitment (voluntary or against payment) with government or with any sports body, sports organization or national Federation.

8.7.2 When any conflict comes into play, then the Executive Board official will be requested to abstain from discussing this matter and will be requested to temporarily leave the meeting. The official concerned will not be permitted to vote on the matter.

8.7.3 Failing such a declaration and should a conflict of interest be found to exist; the President or in his absence, the person chairing the meeting will act to rectify the matter with the Executive Board official in question.

8.7.4 Should this not be resolved, then a decision shall be determined by a majority decision of the Executive Board. The Executive Board official concerned will have the opportunity to explain his views but will not be permitted to vote on this matter.

9 GENERAL ASSEMBLIES OF THE MOC

9.1 The General Assembly is the supreme authority of the MOC. It will be the policy-making body and has the power to administer the affairs of the MOC.

9.2 The General Assembly shall consist of:

9.2.1 The MOC Executive Board.

9.2.2 Any Maltese member/s of the IOC.

9.2.3 Any co-opted members.

9.2.4 Two representatives of each affiliated Federation.

9.2.5 One representative of each associated Federation.

9.2.6 Two athletes’ representatives elected by the MOC Athletes’ Commission established in accordance with the IOC guidelines, from among athletes who have taken part in at least one of the last three editions of the Games.

9.3 To be qualified to represent a Federation at the MOC General Assembly, a delegate of the Federation must be a citizen of Malta.

9.4 The MOC Executive Board can allow other people, not entitled to vote, to attend and address single sessions of any General Assembly meeting.

9.5 Every year at least two General Assembly meetings will be held – one in spring and one in autumn. The spring meeting will be held in the first six months of the year whilst the autumn meeting will be held in the second six months of the year. Every four years, an Elective General Assembly according to the provisions of Article 11.

9.6 Twenty per cent of all Federations of the MOC having the right to vote shall form a quorum at all meetings. If the said quorum is not attained, the meeting will start after twenty minutes with those Federations

9.7 General Assembly meetings shall be summoned following a discussion by the Executive Board. Notice of the General Assembly meeting shall be sent to those entitled to attend by not later than sixty days prior to the meeting. The accidental non-receipt of the notice of the meeting or any document attached to it shall not be considered in any way an infringement for the General Assembly to be postponed.

9.8 The Agenda for the spring General Assembly shall normally include the following:

(a) Approval of the minutes of the preceding General Assembly meeting.

(b) Address by the President.

(c) Presentation of the annual administrative report by the Executive Board.

(d) Resolutions or motions to amend the Statute if required.

(e) Approval of the audited financial accounts for the previous year.

(f) Approval of the annual subscription fee for the next financial year.

(g) Any other matters.

9.9 The Agenda for the autumn General Assembly shall normally include:

(a) Approval of the minutes of the preceding General Assembly meeting.

(b) Address by the President.

(c) Resolutions or motions to amend the Statute if required.

(d) Address by the Executive Board officials where required.

(e) Any other matters.

9.10 Notice of the business to be transacted (agenda) shall be communicated to all Federations not less than seven days before the proposed date of such meeting and no other business shall be admitted at such meeting.

9.11 Amendments to the Statute can be considered during any MOC General Assembly or any MOC Extraordinary General Assembly meeting. Amendments to the Statute may be proposed by the Executive Board or by an affiliated Federation.

9.12 A resolution to amend the Statute shall be submitted in writing to the MOC at least thirty days before the proposed date of the meeting. Such resolutions shall be communicated to the Federations at least twenty days before the proposed date of the meeting.

9.13 Any counter amendment to a proposed resolution must be presented in writing to the MOC at least fifteen days before the date of the meeting. Such counter resolutions shall be communicated to the Federations at least seven days before the proposed date of the meeting.

9.14 A counter resolution will be considered before its original resolution and the latter shall be rescinded if the counter resolution has the support of the General Assembly. If the counter resolution is rescinded, the original resolution will be brought for consideration by the General Assembly.

9.15 Resolutions to amend the Statute require the approval of two-thirds of the members present with the right to vote.

9.16 Amendments to the annexes and Bylaws shall only require a simple majority of the members present with the right to vote.

9.17 Any business or motion not dealt with by the closing of the meeting shall be adjourned and given priority at the next General Assembly meeting.

9.18 The chairperson of the General Assembly may at any time adjourn any meeting (whether or not it has commenced, or a quorum is present) either without fixing a day for the meeting or to another time or place where it appears to him that:

(a) Members wishing to attend cannot be conveniently accommodated in the place appointed for the meeting; or

(b) The conduct of persons present prevents, or it is likely to prevent, the orderly continuation of business; or

(c) An adjournment is otherwise necessary so that the business of the meeting may be properly conducted.

9.19 Any member, or its representative, not conforming to any directive given by the Chairperson during any General Assembly may be suspended by the Chairperson and asked to leave the meeting.

10 EXTRAORDINARY GENERAL ASSEMBLY MEETINGS

10. 1 Extraordinary General Assembly Meetings shall be called any time they are requested by the President, or by the majority of the Executive Board or by at least a quarter of all Federations that have the right to vote.

10.2 The objectives of calling such a meeting must be clearly stated.

10.3 No item other than that specified on the Agenda shall be discussed or decided.

11 ELECTIVE GENERAL ASSEMBLY OF THE MOC

11.1 The MOC Elective General Assembly shall be held in June every four years in the year immediately following the summer Olympic Games unless special circumstances prevail and the Elective General Assembly needs to be brought forward or delayed under approval and/or advice by the

11.2 The Agenda for the Elective General Assembly shall only include the following:

(a) Address by the President.

(b) Presentation of the annual administrative report by the Executive Board.

(c) Presentation of the full audited accounts of the quadrennial.

(d) Approval of the auditors for the forthcoming quadrennial.

(e) Approval of the annual subscription fee for the next financial year.

(f) Presentation speeches by the election contestants.

(g) Separate election of the President, the Deputy President, the Secretary General, the Director of Finance, the Director of Sport and four other Executive Board Directors.

11.3 Nomination for any post must be duly proposed by any one affiliated Olympic Federation and seconded by another affiliated Federation. The nominated candidate must signify his acceptance even if this is done by electronic means and sign a declaration that he intends to attend at least three quarters of the Executive Board

11.4 There can be no more than one representative candidate from any affiliated Federation who can be elected to the MOC Executive Board.

11.5 Together with the acceptance of the nomination, any candidate is to provide a biographical profile, include a police record of conduct and pronounce any interest that might conflict with his duties as an MOC Executive Board

11.6 The nominations for the post of President are to be submitted to the MOC secretariat at least forty days prior to the Elective General Assembly or any General Assembly Meeting where elections are to be held.

11.7 The nominations for all other officials are to be submitted at least thirty days prior to the Elective General Assembly or any General Assembly Meeting where elections are to be held.

11.8 All nominations will be acknowledged in writing and will be circulated to all members fifteen days before the Assembly Meeting. The members will also be provided with the biographical profile of each candidate.

11.9 The nomination must be specific to one of the roles assigned to the Executive Board. A candidate may accept to be nominated for more than one role but will be elected only to the highest sequential role – as highlighted in Article 11.2(g) – if he manages to secure the majority of votes for that role.

11.10 No person shall be qualified to stand for election as an official of the Executive Board or to remain an official thereof:

(a) Unless he is a Maltese citizen and has been permanently resident in Malta for at least five years prior to the time of the election and can remain so throughout their holding such a position within the MOC.

(b) Unless he is over 16 years and less than 75 years of age at time of the election.

(c) If he is a person in the employment of the MOC.

(d) If he holds or has held the position of a magistrate or judge in accordance with the Code of Organisation and Civil Procedure Cap. 12 of the Laws of Malta or its equivalent.

(e) If he holds or held the position as an assistant to the judiciary or to adjudicate in the Small Claims Tribunal or Arbitration Board or their equivalent.

(f) If he is a member of parliament.

(g) If he holds an executive position with any political party, political movement and/or trade union.

(h) If he is employed or in any way forms part of the management team in any national government sports entity within the sports ministry or secretariat.

(i) If he does not comply with the provisions of Articles 8.5 and 8.6.

(j) If he has been adjudged or otherwise declared bankrupt under any law.

(k) If he has a criminal record.

(l) If he is suspended by the MOC or declared “persona non-grata” for having acted against the interests of the MOC.

(m) If he is interdicted or incapacitated for any mental infirmity or for prodigality or is otherwise determined to be of unsound mind.

(n) If he has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions as an official of the Executive Board.

11.11 Executive Board officials may neither be related by consanguinity up to third degree nor by affinity up to a second degree as explained in Appendix C.

11.12 Elections, when applicable, for the Executive Board shall be held according to the procedures as laid down in Appendix C. The elected officers will hold office for four years (one Olympiad period).

11. 13 Any candidate for the positions of President, Deputy President, Secretary General, Director of Finance, Director of Sport who obtains more than fifty per cent of the votes validly cast shall be declared elected. If there are more than two candidates for any such position and none of them obtains more than fifty per cent of the votes validly cast in the first round, there shall be a second round between the two candidates who obtain the highest number of votes validly cast in the first round. In this second round, the candidate who obtains a simple majority of the votes validly cast shall be declared elected. In the event of a tie for any of these positions, a further ballot will be held between the candidates concerned until one of the candidates obtains a simple majority of the votes cast.

 

For the positions of the four other Executive Board Directors, the person or persons polling the highest number of votes for the specific vacancy shall be declared elected to the Executive Board. In the event of a tie for any of the vacancies, a further ballot will be held between the candidates concerned until one of the candidates gains a simple majority of the votes cast.

11. 14 Each gender shall contribute at least three of the individuals who are elected Executive Board

11. 14.1 If such gender representation is not filled by election, the Executive Board shall co-opt individuals to the Executive Board increasing the number to more than ten if necessary.

11. 14. 2 Such appointments by co-option to the Executive Board shall be made on merit and shall be subject to the confirmation by the General Assembly at its next meeting.

11. 15 All elected Executive Board officials shall assume office immediately after the meeting at which they are elected and remain in office until the end of the Olympiad period in which they are elected or until they retire.

11. 16 An Executive Board official may serve, in the same role, for a maximum of three Olympiads (maximum twelve years or less if elected between Olympiads) subject to the same election process as highlighted above.

11. 17 An Executive Board official having completed three Olympiads (twelve years or less if elected between Olympiads), may be elected again as an official of the Executive Board in a different role for not more than two further Olympiad periods (eight years).

11. 18 No official can serve the MOC for more than an aggregate maximum period of five terms (twenty years or less if elected between Olympiads).

11. 19 If an official of the Executive Board resigns from his duties more than fifteen months prior to the next Elective General Assembly, an election will be held at the next General Assembly to fill the vacant post according to the provision of this Statue. Otherwise, the situation will normally remain vacant until the next Elective General Assembly unless the Executive Board decides otherwise and calls an earlier election.

11. 20 The limitations established in Articles 11.17; 11.18 and 11.19 shall apply as from the date of entry into force of this revised Statute and any time served by a person on the Executive Board prior and up to the entry into force of this revised Statute, shall not be considered for the purposes of Articles 11.17; 11.18 and 11.19.

12 VOTING AT GENERAL ASSEMBLY MEETINGS

12.1 The following shall each have one vote at a General Assembly or an Extraordinary General Assembly of the MOC:

(a) The Maltese members of the IOC, if any, under Article 9.2.2.

(b) The two representatives of each affiliated Federation under Article 9.2.4.

(c) The Executive Board officials who also hold a position in an affiliated Federation and are appointed by the Federation as one of the its voting representatives; and

(d) The two representatives of the Athletes’ Commission under Article 9.2.6.

The President of the MOC, or in his absence, the person chairing the meeting shall have a casting vote, except for elections.

12.2 The representative of each associate Federation and the recognized members of the MOC do not have a right to vote although they will be granted the right to address the General Assembly.

12.3 Proxies to attend and vote at General Assemblies can be granted only to executive officials of the respective Federation.

12.4 During an Elective General Assembly, only those incumbent MOC Executive Board officials who are also one of the two representatives of their affiliated Federation have a vote in respect of the elections of the Executive Board.

12.5 The representatives of the Federations whose annual fees to the MOC have not been paid up shall not be able to vote in a General Assembly.

12.6 The Olympic Federations or the representatives chosen by them must constitute the voting majority of the MOC General Assembly on all

12.6.1 When dealing specifically with questions relating to the Olympic Games, only the votes cast by Olympic Federations affiliated to the MOC according to Article 5.1.1.1 shall be taken into consideration.

12.6.2 When the members do not reach agreement on whether the subject discussed is an Olympic Games related matter or otherwise, the President or the person chairing the meeting shall rule on what constitutes an Olympic Games’ matter basing his decision on what is provided in the Olympic Charter and similar documents. Such a ruling shall not be subject to challenge by the General Assembly.

12.7 Save for the elections of the Executive Board officers, all voting at all General Assembly meetings shall be determined by the show of hands unless a secret vote is called by any Federation.

12.8 Unless otherwise specified in this Statute, all votes shall be determined by simple majority of the voting members present.

13 MOC EXECUTIVE BOARD

13.1 The Executive Board will be responsible to put into effect the policy as decided by the General Assembly and to run the affairs of the MOC in conformity with that policy.

13.2 The Executive Board will consist of the persons elected as per Articles 11. They shall hold office from the moment they are declared elected up to the specified term as per Article 11. The Executive Board shall appoint from amongst its officials, directors responsible for the various duties mentioned in the Bylaws or any other duty, which it feels fit to assign.

13.3 An athletes’ representative elected by the MOC Athletes’ Commission (established in accordance with the IOC guidelines) and approved by the General Assembly shall be included as a voting member of the Executive Board. This representative should be elected from among athletes who have taken part in at least one of the last three editions of the Games.

13.4 Any Maltese IOC member shall be an ex-officio voting member of the Executive Board.

13.5 The duties of the Executive Board, inter alia, are the following:

13.5.1 To deal with all business of the MOC (not policy).

13.5.2 To decide on the participation in all Games by selecting the sports, the officials and the athletes to be involved.

13.5.3 To raise funds and take charge of teams representing Malta in the Games.

13.6 The specific duties of the Executive Board officials are indicated in Bylaw 1.

13.7 The Executive Board shall not borrow or enter into any loan agreements totalling more than €60,000 (sixty thousand euros) and it cannot hypothecate any MOC property without the prior approval of the General Assembly.

13.8 The Executive Board is summoned by the President or Secretary General or at the request of two Executive Board The Executive Board normally meets twice every month but there must be at least twelve meetings held in a year. Five officials shall form a quorum.

13.9 All Executive Board decisions can be adopted by a simple majority. Each Executive Board official has one vote. If the number of votes for and against a proposal at an Executive Board meeting are equal, the President or in his absence, the person chairing the meeting shall have a casting vote in addition to any other vote he may have. This does not apply if, in accordance with Article 8.7, the President or in his absence, the person chairing the meeting is not voting on the matter due to a conflict of interest.

13.10 Executive Board officials failing to attend three consecutive meetings or a total of five out of nine consecutive meetings without justified reasons or fail to do their duties according to the terms of reference as stated in Articles 13, shall be considered as not in good standing and such persons shall be considered as having resigned after a vote to this affect has been approved by the Executive Board.

13.11 Vacancies of Executive Board officials must be filled not later than two months from the date that the Executive Boards meets and acknowledges a resignation, or other reason that creates a vacancy. The process to fill such vacancies shall be according to Articles 11.

14 PRIVILEGED MATTERS

14.1 All matters discussed at MOC meetings shall be deemed as privileged. However, the MOC may, if it deems it necessary, inform any Federation or the media about its decisions.

15 DUTIES OF FEDERATIONS

15.1 Federations shall be autonomous from the MOC. They shall be organised and governed in accordance with its own respective constitution or statute, Bylaws and policies including those technical and the rules of their respective

15.2 The Federation must be based in Malta and must be properly constituted including the provision of holding regular democratic elections and the delivery of proper annual accounts either audited or attested by an accountant.

15.3 The Federation must continue to be affiliated to and recognised by its respective IF.

15.4 The Federation must organise annual national or international sport events and/or have agonistic athletes who compete both in the country and abroad.

15.5 The MOC must be informed whenever the Federation holds its General Meeting, at least fifteen days prior to the date of such General Meeting. The MOC may appoint a delegate to attend such General Meeting and to report on business conducted thereat.

15.6 All decisions taken at any General Meeting of the Federation are to be notified to the MOC within thirty days from the meeting and the Federation must provide a copy of the organisational structure; a copy of the minutes of the General Meeting; a copy of the annual accounts and a copy of the latest constitution/statute.

15.7 A Federation must immediately notify the MOC of any elements which affects its ability to fulfil its membership to the

15.8 Both the President and the Secretary of a Federation must be a citizen of Malta.

15.9 The Federation shall continue to and shall cause its own athletes and officials to undertake to abide with Article 5.3 of this Statute

16 SUBSCRIPTION FEES

16.1 The subscription fee shall be annually set by the General Assembly during the spring meeting.

16.2 The annual subscription fee is payable by the 31st March of each year.

16.3 Federations which are in arrears for two months shall, after notice of such action, be suspended. Such Federations may however be reinstated should they bring their subscription up to date and pay a fine which the MOC may deem fit, but which should not exceed four times the current annual fee.

16.4 The representative of any Federation whose subscription fee has not been paid shall not be entitled to vote at any meeting of the General Assembly.

17 DISSOLUTION

17.1 The MOC can only be dissolved during an Extraordinary General Assembly meeting called for the purpose according to the provisions of Articles 10, after prior consultation and coordination with the IOC.

17.2 This meeting would require a minimum of ninety per cent of all affiliated Federations to be present and a vote for dissolution would require a majority of eighty per cent to be passed.

17.3 In the event of such a dissolution, the assets of the MOC shall be applied in favour of its legal successor, if any, or another non-profit voluntary organisation. Under no circumstances, should such assets be divided among the Federations and any resolution to this conclusion shall have no effect.

17.4 80% majority of all affiliated Federations shall be required for any decision as to the distribution of the assets of the MOC on dissolution. Without such a majority decision of distribution, any resolution to dissolve the MOC shall have no effect.

18 INTERPRETATIONS OF THE STATUTE

18.1 In cases where interpretation of the Statute is required this shall be carried out by the person chairing the meeting who shall consult with the Executive Board officials present for the meeting. If there is any doubt or dispute, as to the interpretation of the Statute, the case shall be deferred to the General Assembly for final decision.

18.2 Reference is made to the Bylaws and Standing Orders decided upon by the MOC Executive Board. These standing orders are binding on all Federations. These Bylaws and Standing Orders can be amended from time to time by the MOC Executive Board and shall come into effect after the General Assembly Meeting whereby such Bylaws and Standing Orders are approved by the General Assembly. Only a simple majority is required to approve, rescind or amend Bylaws or Standing Orders.

19 OLYMPIC RULES

19.1 Matters relating to international participation and not provided for in this Statute shall be dealt with in accordance with the IOC rules, or rules governing the international event at the time.

19.2 Should there be any doubt concerning the interpretation of this Statute or omissions or discrepancies between it and the provisions of the Olympic Charter, the latter shall prevail.