ANNEX

PES Statutes

adopted by the 10 PES Congress on 12 June 2015

CHAPTER I

GENERAL PROVISIONS

Article 1

Name

1.1. An international not-for-profit association is set up under Belgian law under the name ‘Party of European Socialists’, in short and hereafter named ‘PES’, in order to gather together the socialist, social-democratic, labour and democratic progressive parties and organisations within Europe.

1.2. The PES has an official name in all the official languages of the European Union and of those countries where it has a full member party. These are published as an Annex 2 to these Statutes. Both the full name and the abbreviation may be used indifferently.

Article 2

Legal basis

2.1. Article 11.4. of the Treaty on European Union recognises that, ‘political parties at European level contribute to forming a European awareness and to expressing the political will of the citizens of the Union.’

2.2. The PES carries out its activities, pursues its aims and is organised and financed in conformity with the Regulation (EC) No 2004/2003 of the European Parliament and Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding.

2.3. The association is governed by Heading III of the Belgian law of 27 June 1921 on not-for-profit associations, international not-for-profit associations or foundations.

2.4. Standing orders are adopted by the Presidency by qualified majority. They shall be sent to all the members and shall be binding for all members.

Article 3

Object and Aims

3.1. The object of the PES is to pursue international aims in respect of the principles on which the European Union is based, namely principles of freedom, equality, solidarity, democracy, respect of Human Rights and Fundamental Freedoms, and respect for the Rule of Law.

3.2. The values and principles guiding the PES actions are defined in the PES Declaration of Principles (Annex 1).

3.3 Having regard to the diversity of peoples within Europe and our history, the PES promotes the value of tolerance and specifically condemns racism and xenophobia. It includes in these Statutes, in Annex 3 the declaration ‘For a modern, pluralist and tolerant Europe’ adopted by the 5th PES Congress on 7-8 May 2001 in Berlin.

3.4. More specifically, to implement our Declaration of Principles, the aims of the PES are:

— to strengthen the socialist, social democratic, labour and democratic progressive movement and its values in the Union and throughout Europe;

— to contribute to forming a European awareness and to expressing the political will of the citizens of the Union;

— to lead the European election campaign for our movement with a common strategy and visibility, a common Manifesto and a common candidate to the European Commission Presidency, elected through an open, transparent and democratic competitive process;

— to support each other to win national, regional and local elections. To provide a platform for member parties and organisations to share best practice on campaigning, party organisation and exchange policies and ideas;

— to define common policies for the European Union and to influence the decisions of the European institutions;

— to promote equality, diversity and equal representation in society in our internal bodies and meetings, especially for women and young people, and to encourage their active participation;

— to engage members of PES member parties and organisations in activities of the PES, especially by developing PES activists;

— to develop close working relationships between with its member parties and organisations, and PES members holding positions in EU institutions (Council, Commission, Parliament, Committee of the Regions);

— to cooperate closely with socialist, social democratic, Labour, and democratic progressive parties from countries that share the common goal of European integration notably with those from neighbouring countries of the European Union;

— to promote exchanges and contacts with European trade unions, professional organisations, associations, cooperatives, other representatives of civil society and other socialist and social democratic organisations;

— to develop sustainable cooperation with international progressive movements and organisations, in the spirit of international solidarity.

3.5. The PES may carry out all activities linked directly or indirectly to these aims but does not undertake industrial or commercial transactions and does not seek to procure a profit to its members.

Article 4

Headquarters

4.1. The Headquarters of the PES is 98, rue du Trône, B-1050 Bruxelles, in the judicial district of Brussels.

4.2. The Headquarters may be transferred to any other location in the Brussels region by decision of the Presidency by qualified majority (cf. Art. 20.5). The decision must be published in the Annexes of the Belgian Official journal (Moniteur belge).

Article 5

Logo

The logo of the Party of European Socialists is a red square with the acronym of the Party (PES) at the top, and the words ‘Socialists and Democrats’ at the bottom in white letters. Official PES documents are also featuring a rose, surrounded by a ring of stars.

Article 6

Duration

The association is established for an indefinite duration.

CHAPTER II

MEMBERS

Article 7

Categories of Members

7.1. The PES consists of:

— full members — full member parties and full member organisations;

— associate members — associate parties and associate organisations;

— observer members — observer parties, observer organisations and individual members.

7.2. The PES must consist of at least three full members. Members are legal entities constituted according to the laws and customs of their country of origin. If a member does not possess legal personality according to the laws and customs of its country of origin, it must appoint a natural person to act in the name and on behalf of its organisation.

Article 8

Register of Members

A register of members is published in the Standing Orders of the PES.

Article 9

Admission of Members

9.1. Socialist International parties in European Union Member States or in states having signed an accession treaty with the European Union, and having had national or European parliamentary representation in one of the past two parliamentary terms, may become full member parties of the PES. Non Socialist International parties respecting these criteria may also become full member parties, following the rules stated in Article 9.9.

9.2. Political groups constituted in the institutions of the European Union and sectoral organisations of the PES recognised in the present statutes may become full member organisations of the PES.

9.3. Socialist International parties in countries that are candidates or ‘potential candidates’ for accession to the European Union, or are EFTA Member States, or in countries from the European Neighbourhood Policy with a signed association agreement with the Union, and having had national parliamentary representation in one of the two past parliamentary terms, may become associate parties of the PES. Non Socialist International parties respecting these criteria may also become associate member parties, following the rules stated in Article 9.9.

9.4. Political groups of European institutions not depending on the European Union and socialist and social-democratic organisations closely linked to the work of the PES may become associate organisations of the PES.

9.5. Social-democratic, socialist and democratic progressive parties from countries within the European Neighbourhood policy or in the EU Customs Union having close links with the PES may become observer parties of the PES.

9.6. Socialist, social-democratic and democratic progressive organisations having close links with the PES may become observer organisations of the PES.

9.7. A member of a political group which is full member of the PES may become individual observer of the PES if she/he is not a member of a PES party.

9.8. All members of the PES must accept and respect these statutes, and, if applicable, the Standing Orders.

9.9. All applications for membership of parties and organisations shall be examined on a case by case basis by the Presidency and decided upon by the Congress. In the period between two Congresses, the Presidency may grant provisional memberships to an applicant member, pending the acceptance of the Congress. All applications for membership are voted upon on the basis of a qualified majority, except those from non Socialist International members, which are voted upon on the basis of a superqualified majority (cf. article 20.5). Applications for individual observer membership shall be decided upon by the Presidency by simple majority.

Article 10

Change of name and mergers

10.1. A member that changes name or merges with another political party/organisation must inform the Presidency.

10.2. The Presidency shall assess the degree of continuity of the new party/organisation with the PES member and will decide on the confirmation of the membership status. This decision shall be confirmed by the Congress.

10.3. In case of confirmation of the continuity of the membership status; the member will be considered having accepted the PES decisions applicable to the former member and will be responsible for all its obligations vis-à-vis the PES, including financial.

10.4. In case of non-confirmation, the new party/organisation may submit a new application for membership.

Article 11

Resignation, Suspension and Exclusion of members

11.1. Any member may resign from the PES at any time by sending a letter from a duly mandated person addressed to the President or Secretary-General, who shall inform the Presidency and the Congress. The resignation shall come into effect immediately, but the member resigning remains bound by all outstanding debts contracted with the PES until the end of the financial year in which the resignation came into effect.

11.2. If a member fails to fulfil its financial obligations for two successive financial years, the Presidency may decide to exclude the member, pending the formal decision by a simple majority vote of the Congress.

11.3. Any member may also be suspended or excluded on the following grounds:

— non respect of the statutes or the Standing orders;

— non compliance with the criteria for membership.

11.4. Suspension of a member on grounds of Article 11.3., subject to terms and conditions, is decided by the Presidency. A suspended member is obliged to uphold its financial obligations to the PES. The suspended member may, at the discretion of the President, be invited to attend meetings of the PES but without voting rights.

11.5. A suspended member can regain its membership if it complies with the statutes, standing orders and criteria for membership. Such compliance must be formally notified to the Presidency which can decide to lift the suspension. A refusal to lift the suspension by the Presidency can be appealed by the suspended party to the Congress. The appeal cannot take place within 6 months of the decision to suspend.

11.6. Exclusion of a member on grounds of Article 11.3. is decided by the Congress. The exclusion comes into effect immediately after the decision of the Congress but the excluded member remains bound by all outstanding debts contracted with the PES until the end of the financial year in which the exclusion came into effect.

11.7. All decisions concerning suspension and exclusion of members are taken by a superqualified majority.

Article 12

Rights and obligations of members

12.1. Full members participate in the meetings of the PES with the right of expression, the right of initiative and the right to vote.

12.2. Associate members have the right to attend meetings to which they are invited with the right of expression and the right of initiative, but without the right to vote.

12.3. Observer members may attend meetings to which they have been invited with the right of expression but without the right of initiative or the right to vote.

Article 13

Our Group in the European Parliament

Our Group, currently known as The Group of the Alliance of Socialists and Democrats in the European Parliament, is the parliamentary expression of the PES in the European Parliament.

Article 14

PES Group in the Committee of the Regions

The Group of Party of European Socialists in the Committee of the Regions brings together locally and regionally elected socialists, social democrats, Labour and progressives in the EU political assembly of local and regional representatives.

Article 15

PES Women

The ‘PES Women’ standing committee consists of representatives from all PES members, according to the rights and obligations defined in Article 12 of these statutes. Its mission is to formulate and implement the objectives relating to women's policy within the framework of the PES. It adopts its own ‘Standing Orders’ to specify its functioning.

Article 16

YES

YES is the youth organisation of the PES. It gathers members of the socialist youth organisations of the EU. It elects its bodies and determines its political positions autonomously according to its statutes.

Article 17

FEPS

The Foundation for European Progressive Studies (FEPS) is the political foundation affiliated with the PES. It undertakes research, information and training in the fields of political, social legal and economic science, more specifically in their European and international dimension. It elects its bodies according to its statutes.

Article 18

PES activists

All members of PES member parties are automatically members of the PES. Those who wish to be active in the PES can register as PES activists. PES activists must be members of a PES member Party. PES activists can set up city groups. The PES Presidency adopts operating rules for PES activists.

CHAPTER III

ORGANS AND DECISION-MAKING

Article 19

Organs of the PES

The aims of the PES will be pursued in the following organs:

— Congress

— Election Congress

— Council

— Presidency

— Leaders' Conference

— Secretariat

Article 20

Decision-making

20.1. In all the organs of the PES, efforts shall be made to establish the broadest possible measure of agreement following full consultation.

20.2. Decisions on administrative and organisational matters shall be taken by simple majority of the Presidency, whereby all its members with voting rights have one vote each.

20.3. Whenever possible, policy decisions shall be taken on the basis of consensus. If a consensus cannot be reached, they shall be taken on the basis of qualified majority.

20.4. Decisions concerning the admission of Socialist International members are taken by qualified majority. Decisions concerning the admission of non Socialist International members, suspension and exclusion of members, and decisions to change the Statutes are taken by superqualified majority.

20.5. A qualified majority requires 50 % of weighted votes cast + 1. A superqualified majority requires 75 % of the weighted votes cast +1. Votes shall only take place if at least two-thirds of the full member parties of the PES are present. Votes are cast per member party and organisation. Proxy voting is not permitted.

20.6. The number of weighted votes per full member party shall be calculated with the following formula:

((% of MPs in National Lower Chamber + number of MEPs) x number of votes of the country in the European Council) rounded upwards.

A table with the above calculation shall be adopted by the Presidency at its first meeting each calendar year.

20.7. If a full member party declares that it is unable to implement a specific decision taken by qualified majority, it can declare itself not to be bound by such a decision provided it indicates this intention before a vote is taken.

CHAPTER IV

THE CONGRESS

Article 21

Powers of the Congress

21.1. The Congress is the supreme organ of the PES and lays down the political guidelines of the PES.

21.2. The PES Congress shall:

— elect the President through an open, transparent and democratic competitive process;

— confirm the members of the Presidency, as proposed by the Member parties and organisations, from among their senior members;

— adopt resolutions and recommendations to parties, the Presidency and its group in the European Parliament;

— adopt the report of activity of the PES for the preceding period and on the action programme for the future submitted by the Presidency;

— discuss and take note of the report of activity submitted by its group in the European Parliament.

21.3. By a superqualified or qualified majority (cf. Art. 20.5.) and on a proposal from the Presidency, the Congress shall:

— adopt and amend the Statutes of the PES;

— decide on the admission and exclusion of members as well as the status of member parties and organisations.

21.4. Elections at Congresses should take place by secret ballot.

21.5. Full and associate members may present proposals to, and speak of these before the Congress.

Article 22

Composition of the Congress

22.1. The PES Congress shall consist of the following delegates with voting rights:

— representatives from full member parties, with the following calculation: 1/45th of weighted votes as defined in article 20.6, rounded upwards;

— a representative from each National delegation of the Group in the European Parliament;

— representatives of the group in the Committee of the Regions, equal to 1/3 of the number of National delegations, rounded upwards;

— two representatives from each other full member organisation;

— the members of the PES Presidency.

22.2. The PES Congress shall also consist of the following delegates without voting rights:

— all members of its political groups in the European Parliament and the Committee of the Regions not covered by art. 22.1.;

— bureau members of other full member organisations;

— 5 delegates from each associate member;

— 2 from each observer member.

22.3. Parties shall elect or nominate delegates no later than two months prior to the Congress. The number of delegates from each party with voting rights shall be laid down in an annex to the internal rules of procedure of the Congress.

22.4. All delegations must be gender-balanced (i.e. there should not be more than a difference of 1 delegate between the two genders). If a delegation does not respect this rule, its vote to the Congress will be reduced proportionally.

22.5. The following are also ex-officio delegates, without the right to vote:

— the President of the European Parliament if he/she is a PES member;

— PES members of the European Commission;

— the President of the European Council, if he/she is a PES member;

— the President or 1st Vice-President of the Committee of the Regions, if he/she is a PES member;

— the President of the Parliamentary Assembly of the Council of Europe if he/she is a PES member;

— the President of the Parliamentary Assembly of the OSCE, if he/she is a PES Member;

— the President of the European Security and Defence Assembly, if he/she is a PES member;

— the President of NATO Parliamentary Assembly, if he/she is a PES member.

22.6. The Presidency of the PES may also invite guests to attend the Congress.

Article 23

Meetings of the Congress

23.1. The Congress shall be held on a regular basis, twice during each parliamentary term of the European Parliament. The Presidency may also decide to hold an extraordinary Congress.

23.2. In principle, the Congress shall be held successively in the different Member States of the European Union.

23.3. The Congress shall be convoked by the Presidency, with at least 6 months' notice. The invitation shall be sent by mail, fax, email or any other written form.

23.4. The Presidency shall also decide on a timetable for presenting and discussing resolutions and amendments to the statutes to be adopted by the Congress.

Article 24

Decisions of the Congress

The decisions and the documents adopted by the Congress shall be communicated to members of the PES and shall be published on the PES Website.

CHAPTER V

THE ELECTION CONGRESS

Article 25

Powers of the Election Congress

25.1. The Election Congress shall:

— elect the PES common Candidate to the European Commission Presidency, through an open, transparent and democratic competitive process;

— adopt the PES Manifesto for the European elections.

25.2 Full and associate members may present proposals to, and speak of these before the Election Congress.

Article 26

Composition of the Election Congress

The composition of the Election Congress shall follow the rules laid down in Article 22.

Article 27

Meeting of the Election Congress

27.1. The Election Congress shall be convened ahead of the European elections.

27.2. In principles, the Election Congress shall be held successively in the different Member States of the European Union.

27.3. The Election Congress shall be convoked by the Presidency, with at least a 6 month notice. The invitations shall be sent by mail, fax, email or any written form.

27.4. The Presidency shall decide on a timetable for the presentation, discussion and adoption of the Manifesto.

Article 28

Decisions of the Elections Congress

The decisions and the Manifesto adopted by the Election Congress shall be communicated to members of the PES and shall be published on the PES website.

CHAPTER VI

THE COUNCIL

Article 29

Powers of the Council

29.1. The Council shall contribute to the shaping of the PES policy; it shall serve as a platform for strategic discussions.

29.2. The PES Council can adopt resolutions and recommendations to the member parties and organisations, the Presidency, the Congress and its group in the European Parliament in full respect of the Congress being the supreme organ of the PES.

Article 30

Composition of the Council

30.1. The PES Council shall consist of the following delegates with voting rights:

— representatives of full member parties, representing half of the Congress delegates, as defined in Article 22.1;

— representatives of the its group in the European Parliament, equal to 50 % of the number of National delegations, rounded upwards;

— representatives of the group of the Committee of the Regions, equal to 1/6 of the number of National delegations, rounded upwards.

— one representative from each other full member organisation;

— the Members of the Presidency.

30.2. The PES Council shall also consist of the following delegates without voting rights:

— a delegation of its political groups in the European Parliament and the Committee of the Regions, equal to 25 % of its members, rounded upwards;

— a delegation of the bureau other full member organisations, equal to 25 % of their members, rounded upwards;

— 2 representatives per associate member;

— 1 representative per observer member.

30.3. All delegations must be gender-balanced (i.e. there should not be more than a difference of 1 delegate between the two genders). If a delegation does not respect this rule, its vote to the Council will be reduced proportionally.

30.4. The following are also ex-officio delegates, without the right to vote:

— the President of the European Parliament if he/she is a PES member;

— PES members of the European Commission;

— the President of the European Council, if he/she is a PES member;

— the President or 1st Vice-President of the Committee of the Regions, if he/she is a PES member;

— the President of the Parliamentary Assembly of the Council of Europe if he/she is a PES member;

— the President of the Parliamentary Assembly of the OSCE, if he/she is a PES Member.

30.5. The Presidency of the PES may also invite guests to attend the Council.

Article 31

Meetings of the Council

31.1. The PES Council shall meet in those calendar years where no Congress nor Election Congress is held.

31.2. The Council is convoked by the Presidency of the PES, with at least 4 months' notice. The invitation shall be sent by mail, fax, email or any other written form.

31.3. The Presidency shall also decide on a timetable for presenting and discussing resolutions to be adopted by the Council.

Article 32

Decisions of the Council

The decisions and the documents adopted by the Council shall be communicated to members of the PES and shall be published on the PES Website.

CHAPTER VII

THE PRESIDENCY

Article 33

Powers of the Presidency

33.1. The Presidency is the highest organ for the management of the day-to-day business of the PES and for the execution of the tasks as set out by these Statutes.

33.2. The Presidency shall implement the decisions of the Congress and of the Council and fix the political guidelines of the PES during the period between Congresses and Councils.

— It shall draw up recommendations to the Congress concerning general political guidelines and statements of principle, the Statutes of the PES, admission, status and exclusion of members of the PES;

— It shall convene the Congress, fix the date and venue and propose the rules of procedure and agenda of the Congress;

— It shall convene the Council and set its agenda;

— It shall also be empowered to organise special conferences or meetings, nominate rapporteurs and set up committees and working parties, in respect of which it shall appoint the Chairs and secretariat and lay down terms of reference.

33.3. The Presidency shall, after an open and transparent nomination and consultation process, following the proposal of the President:

— elect the Vice-Presidents (maximum 4); and define the tasks and responsibilities of the Vice-President(s). President and Vice-President(s) should be geographically and gender-balanced;

— elect the Secretary-General and the Treasurer and, if need be, the Deputy Secretary Generals.

33.4. The Presidency can also appoint other office holders for specific mandates and, if need be, deputy Secretaries General of the PES.

33.5. The Presidency shall also:

— decide on the length of the mandate of the Vice-presidents, the Secretary-General, the treasurer, the auditors and office holders;

— approve the annual accounts and budget and fix the membership fees;

— adopt its internal rules of procedure.

Article 34

Composition of the Presidency

34.1. Members of the PES Presidency with voting rights are:

— the President of the PES;

— the Vice-President(s) of the PES

— the Secretary-General of the PES;

— the President of its group in the European Parliament;

— one representative from each other full member Party and organisation (as confirmed by the Congress).

34.2. Members of the Presidency without voting rights are:

— one representative of each Associate party (as confirmed by the Congress);

— one representative of each Associate organisation (as confirmed by the Congress).

34.3. The following are also ex-officio members of the Presidency, without the right to vote:

— the President of the European Parliament, if s/he is from a PES member party;

— one representative from the PES Members of the European Commission.

34.4. The President may invite guests to attend the Presidency.

34.5. If a member of the Presidency resigns, its member party or organisation appoints a replacement which shall be confirmed by the Presidency.

Article 35

Meetings of the Presidency

35.1. The Presidency shall meet as often as necessary, but not less than three times in each calendar year.

35.2. Meetings shall be convened by the President, or, in his/her absence, a Vice-President.

35.3. The President may, if necessary, convene additional meetings of the members with voting rights.

35.4. Upon receipt of a written request from at least 20 % of full members, the President shall convene a meeting of the Presidency within 10 days.

Article 36

Decisions and minutes of the Presidency

The decisions of the Presidency are registered in Minutes. The Minutes shall be adopted by the following meeting of the Presidency and communicated to the members of the Presidency.

Article 37

The President

37.1. The President, in cooperation with the Vice-Presidents and with the assistance of the Secretariat, shall ensure:

— the day-to-day administration of the PES and the preparation of meetings of the Presidency;

— the implementation of Presidency decisions and any general or specific instructions given by the Presidency;

— liaison between the PES and the parties, the group in the European Parliament and the Socialist International and other international initiatives such as the Progressive Alliance and the Global Progressive Forum;

— representation of the PES in any organisation or institution, in particular, the institutions of the European Union, European trade unions, professional organisations, cooperatives and associations.

37.2. The decisions of the Congress, the Council, the Leaders' Conference and the Presidency are executed by the President of the PES in cooperation with the Vice-Presidents and the Secretary-General, other office holders of the Presidency and the President of its group in the European Parliament.

37.3. In case of vacancy of the position of President, an Interim President is appointed by the PES Presidency, with the mandate to fulfil the President's tasks until the following Congress.

CHAPTER VIII

PES LEADERS' CONFERENCE

Article 38

Powers of the Leaders' Conference

The PES Leaders' Conference may adopt resolutions and recommendations to the member parties and organisations, the Presidency, the Congress and its group in the European Parliament in full respect of the Congress being the supreme organ of the PES.

Article 39

Composition of the Leaders' Conference

39.1. The Leaders' Conference consists of:

— the President, the Vice-Presidents and the Secretary-General;

— PES Heads of Government;

— the Leaders of the full member parties;

— the Leaders of full member organisations;

— the President of the Socialist International;

— the President of the European Parliament, if he/she is a PES member;

— PES Members of the European Commission, including the High Representative of the Union for Foreign Affairs and Security Policy, if he/she is a PES member;

— the President of the European Council, if he/she is a PES member;

— the President or 1st Vice-President of the Committee of the Regions, if he/she is a PES member.

39.2. Once a year the President shall also invite the Leaders of the Associate Parties and Organisations to a meeting of the Party Leaders' Conference.

39.3. The President may invite guests to the Leaders' Conference.

Article 40

Meetings of the Leaders' Conference

40.1. The Party Leaders' Conference should be convened at least twice a year.

40.2. Meetings shall be convened by the President, or, in his/her absence, a Vice-President.

CHAPTER IX

ADMINISTRATION OF THE PES

Article 41

The Secretary-General

41.1. The Secretary-General, with the assistance of the secretariat, is in charge of the management of the party.

In particular, he/she shall be responsible for:

— the implementation of the decisions taken by the statutory bodies;

— the management and supervision of the daily activities of the Secretariat;

— contacts with member parties and organisations partners;

— support to the President, Vice-President(s) and Treasurer;

— preparation and organisation of meetings;

— finances and the keeping of accounts;

— relations with the press and public.

41.2 The Secretary-General has a right of initiative during meetings of the PES concerning the implementation of decisions taken by the PES.

Article 42

The Coordination Team

42.1. The Secretary-General shall convene meetings of a Coordination Team to discuss the planning, preparation, follow-up and financing of PES activities.

42.2. The Coordination Team shall consist of one representative from each full member. The Secretary-General may also invite representatives from associate and observer members and other organisations.

42.3. Meetings of the Coordination Team shall take place at least three times in each calendar year.

Article 43

Administrative organ

43.1. The administrative organ of the PES is composed of the President, the Treasurer and the Secretary-General appointed according to articles 21.2. and 33.3. of the present statutes.

43.2. The length of their mandate is ruled by articles 23.1. and 33.5. of the present statutes.

43.3. The Administrative organ presents the annual accounts and the budget to the PES Presidency.

CHAPTER X

FINANCES

Article 44

Financing of the PES

44.1. The PES shall be financed by:

— the general budget of the EU in conformity with the Regulation of the European Parliament and Council on the regulations governing political parties at European level and the rules regarding their funding;

— membership fees;

— contributions from members or other organisations or individuals;

— donations.

44.2. Membership fees, contributions and donations come under the conditions and obligations relating to the funding of European political parties established in the EC Regulation referred to in Article 2.2. of the present statutes;

44.3. Membership fees shall be determined annually by the PES Presidency, based on the weight of each party within the PES as defined in article 20.6.

Member organisations are exempt from subscription.

44.4. Members of the PES are not entitled to vote or take part in meetings of the PES unless they have paid their annual affiliation fee by the end of the first quarter of the financial year.

Article 45

Financial year

The financial year begins on 1 January and ends on 31 December.

Article 46

Audit

The control of the financial situation, of the annual accounts and the certification that the operations stated in the annual accounts are in conformity with the law, the statutes and the financial regulations of the European Union, is entrusted to one or several auditors, nominated by the Presidency from among the members of the Belgian ‘Institut des Réviseurs d'Entreprise’.

CHAPTER XI

MISCELLANEOUS

Article 47

Representation of the PES

47.1. The PES shall be legitimately represented in all its acts, including legal matters, either by the President or by any other representative acting within the limits of his/her mandate.

47.2. The Secretary-General may legitimately represent the PES individually in all acts of daily management, including legal matters.

Article 48

Limited liability

48.1. Members of the PES, members of the Presidency and people in charge of daily management are not bound by the obligations of the PES.

48.2. The liability of the members of the Presidency or of people charged with the daily management of the PES is limited to the strict fulfilment of their mandate

Article 49

Change of statutes, dissolution and liquidation

49.1. Amendments to the Statutes may only be tabled by a full member and shall require a superqualified majority (cf. Art. 20.5.) of Congress in order to be adopted, following a proposal from the Presidency.

49.2. All decisions related to the change of statutes must be submitted to the Belgian Minister of Justice and published in the Annexes of the Belgian Official Journal.

49.3. If the association is dissolved, the Congress shall decide by simple majority on the disinterested allocation of the net assets of the association after its liquidation.