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Statutes of the European Platform of Regulatory Authorities (EPRA)

posted on 09 November, 2011 12:07 , last updated on 25 May, 2021 10:03   (public)

As adopted by EPRA members at the plenary meeting on 20 May 2021

Preamble

The European Platform of Regulatory Authorities (hereafter referred to as the EPRA) was set up in April 1995 in Malta.

These Statutes are established between:

EPRA members hereafter referred to individually as “a Member” or collectively as "Members".

It is agreed that:

Article 1
Aims of the EPRA

§1 The EPRA is an independent platform of regulatory authorities whose primary function is to be:

  • a forum for informal discussion and exchange of views, experiences and best practices between regulatory authorities in the field of the media;
  • a forum for exchange of information about common issues of national and European media regulation;
  • a forum for discussion of practical solutions to legal problems regarding the interpretation and application of media regulation.

The EPRA is guided by its strategy and its vision, mission and values principles which drive its activities.

§2 The remit of the EPRA shall exclude the making of common declarations and the pursuit of national goals.

Article 2
Membership and Fees

§1 The Members of the EPRA are drawn from national or regional European regulatory authorities in the field of the media, operating in their respective countries or regions, which have at least one of the following functions:

  • regulating audio and/or audiovisual media content and/or services;
  • making rules and/or policy;
  • monitoring media content;
  • imposing sanctions;
  • handling complaints;
  • related regulatory activities, e.g. conducting research and/or media literacy activities.

§2 Formal applications for membership are submitted to the Secretariat, assessed by the Executive Board, and decided upon by the Members in plenary sessions. Membership may be terminated by resignation in writing. Unless agreed otherwise, the resignation will become effective on the 31st of December of the on-going year.

§3 Members are obliged to pay an annual fee the amount of which will be decided annually in advance for the following year by the Members. For Members joining the EPRA after the spring meeting, half the annual fee shall be due for said year.

§4 The Executive Board shall decide on any written application by a Member for deviation from the annual fee, in particular in the case of exceptionally small Members with limited resources regarding a lower fee, and on any action deemed necessary in the event of delayed or default payment, including the temporary suspension or termination of membership.

§5 Membership notably includes Members’ participation in the EPRA meetings and other events organised by the EPRA as well as access to the "Members-only" section of the official website of the EPRA.

Article 3
Observers/other approved participants

§1 The European Commission, the Council of Europe, the European Audiovisual Observatory and the Office of the OSCE Representative on Freedom of the Media are non-voting permanent observers and may each send representatives to EPRA meetings.

§2 The Executive Board may invite institutions which are not Members to a meeting of the EPRA if their participation is considered useful for the meeting or, in the case of regulatory authorities in the field of the media, in order to allow them to attain an overview of the activities of the EPRA for a possible future membership.

§3 The Executive Board may also invite participants other than regulatory authorities for a specific presentation.

Article 4
Executive Board

§1 The Executive Board shall act as the strategic body steering the EPRA. Inter alia, it represents the EPRA in external events, proposes a 3-year strategy, devises the yearly work programmes and the related activities, and takes decisions relating to the operation of the EPRA. The Executive Board is in quorum when at least four members are present at its meetings; decisions are taken by majority vote. In the event of a tie, the Chairperson or the Senior Vice-Chairperson in the event that he/she acts on his/her behalf, has the casting vote.

§2 The Executive Board shall be elected by the Members during the plenary session of an EPRA meeting for a period of two years. It shall consist of one Chairperson and up to a maximum of four Vice-Chairpersons. One of the Vice-Chairpersons shall be designated the Senior Vice-Chairperson by the Executive Board. Membership in the Board is limited to three successive terms regardless of the function.

§3 All members of the Executive Board shall be members or employees of their respective regulatory authority; however, they are elected and act as individuals in a personal capacity on an honorary basis.

§4 The Chairperson shall be in charge of Executive Board activities and shall represent the EPRA in its external relations. The Vice-Chairpersons will assist the Chairperson in his/her tasks.

§5 The Senior Vice-Chairperson shall replace the Chairperson in the event of absence or temporary or permanent incapacity.

§6 The members of the Executive Board shall join the EPRA Board Association under Alsace law for administering and legally representing the EPRA in its daily operation and for administering the funds of the EPRA.

§7 Nominations to the Board shall be made ad personam by the Members in writing at the latest two months before the EPRA plenary session during which the elections are to take place. To be eligible for election, a nominee has to be nominated by two separate Members and must have accepted the nomination in writing before said plenary session. The nominations shall specify the post of the nominees. One person may be nominated for more than one post. The names of the candidates who have accepted the nomination shall be communicated to all Members one month before the elections.

§8 The casting of votes in Board elections shall be conducted by secret ballot. Each Member has one vote per post to be filled. Separate voting shall take place for the election of the Chairperson and the Vice-Chairpersons. In the event of a tie in an election of a Chairperson or a Vice-Chairperson, the result shall be decided by the drawing of lots. In the event that the number of nominations of candidates corresponds to the number of posts to be filled, the Members may decide to forego the secret ballot and voting for the Board may be non-secret.

Article 5
General Voting Procedures

§1 Each Member has one vote.

§ 2 Voting shall, whenever possible, take place in plenary sessions; it shall be in writing, or by show of hands, or by online procedure. Voting shall be by secret ballot if a Member so requests.

§3 Decisions are taken by a simple majority of all voting Members, except in the case described in Article 11 §2.

§4 In the event of a tie in matters other than as specified in Art. 4 §8, the Chairperson or the Senior Vice-Chairperson in the event that he/she acts on behalf of the Chairperson has the casting vote.

Article 6
Operation of EPRA

§1 For its operation, the Members will adopt a 3-year strategy. After consultation with the Members, the Executive Board will adopt annual work programmes, and will devise work plans for the respective strategy period to give effect to the respective goals and objectives.

§2 The EPRA will organise regular meetings for its Members. The Members meet, as a rule, twice a year. The meetings consist of plenary sessions, working groups and other formats as decided by the Executive Board in accordance with the subject matter, and may be conducted in virtual form where appropriate or necessary. The meetings are non-public.

§3 The meetings are, as a rule, hosted by a Member. The Executive Board will decide on any requests by a hosting Member concerning the number of delegates, any participation fees or other issues relating to the meeting, and may consult with Members where appropriate.

§4 The EPRA may also organise other events.

§5 The EPRA may constitute dedicated working groups or taskforces for the attainment of its goals and objectives.

Article 7
EPRA Secretariat

§1 The Secretariat shall be in charge of coordinating the operative aspects and the day-to-day functions of the EPRA.

§2 The Secretariat is hosted by an institution involved in media studies or, in exceptional circumstances, by a Member of the EPRA. The hosting body shall guarantee the independence of the EPRA Secretariat.

§3 The hosting body is selected by the Members, following a proposal of the Executive Board. The EPRA Board Association is responsible for the organisational and financial agreements with the selected hosting body to be laid down in writing with the selected hosting body in a Memorandum of Understanding.

§4 The main functions of the Secretariat will be to:

I. support and advise the Executive Board where appropriate,

II. organise EPRA meetings in cooperation with the hosting Member and the Executive Board, and organise other events,

III. prepare the draft annual budget of the EPRA and the draft statement of accounts,

IV. facilitate the exchange of information between Members, in particular through the EPRA website,

V. keep a resource centre on media regulation in Europe, 

VI. with the agreement of the Executive Board, represent the EPRA at events and in the relationship of the EPRA with other organisations, and inform Members of relevant events.

Article 8
Financing and Budget

§1 The EPRA will be funded by the membership fees, and any other contributions which do not impact EPRA’s independence. They will be administered by the EPRA Board Association.

§2 The Members will approve the annual budget of the EPRA and the statement of accounts.

§3 Should a surplus occur, the Members will decide upon recommendation by the Executive Board whether any such surplus should be retained or put to an alternative use.

§4 Should the budget not cover the operative costs of the EPRA, the Members will decide on the appropriate measures to take, including an increase of the membership fee.

Article 9
Confidentiality of Proceedings

§1 Documents produced and/or edited by the EPRA are public.

§2 The minutes of the EPRA meetings are non-public.

§3 For reasons of confidentiality or copyright, the Executive Board and the Secretariat may decide to restrict access to some meeting documents to Members only.

§4 Members may use information exchanged during EPRA meetings and other non-public events organised by the EPRA without, however, attributing it to a Member or other source, without their prior consent.

Article 10
Working Languages

The working languages are English and French. Nevertheless, for practical reasons, some working documents may, at the discretion of the Secretariat, be in English only.

Article 11
Final Provisions

§1 These Statutes cancel and replace any previous statutes established between Members on the same subject.

§2 These Statutes may be amended by a two-thirds majority of voting Members.

§3 Any proposal for amendment of these Statutes with accompanying reasoning shall be sent to the Secretariat in writing for deliberation by the Executive Board.

§4 The proposal for amendment shall thereafter be deliberated by Members at the following plenary session, provided that it has been circulated to Members at least two months in advance of said plenary session.

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