Statutes of Patronat Catalunya Món - Consell de Diplomàcia Pública de Catalunya
Chapter 1. General provisions
El Patronat Catalunya Món - Consell de Diplomàcia Pública de Catalunya - hereafter, PCM-DIPLOCAT - is a consortium body with its own legal personality, subject to public law and with an indefinite duration.
- One of the objectives of the Government of Catalonia is to promote initiatives which allow for a direct knowledge of Catalonia in the international field. The PCM - DIPLOCAT has to contribute to this objective furthering the image, reputation, and international promotion of Catalonia via the exporting of the best knowledge of the reality of the country and its unique assets and values, so as to aid the internationalization of Catalonia. Fulfilling this objective offers direct repercussions such as an increased attraction of investments, knowledge, institutions, and people, and contributes to generating positive public opinion abroad and establishing relations of trust with the rest of the world.
- This objective is specified in the following six strategic objectives:
- Give support to the public diplomacy strategy of the Catalan government.
- Agree on what is 'Brand Catalonia' and promote its international projection.
- Promote the international awareness of Catalonia and its unique assets and values.
- Promote links between Catalonia and international organizations.
- Promote the participation of the Catalan civil society in public diplomacy activities.
- Promote training in public diplomacy to raise the awareness of and improve the capacity for internationalization within the Catalan society.
- The PCM - DIPLOCAT addresses both Catalan civil society and international civil society.
The PCM - DIPLOCAT has its head office in Barcelona although it may set up offices in other areas of Catalonia if necessary for its requirements.
- The functions of the PCM - DIPLOCAT are as follows:
a) Advise Catalan administrations and any other public or private Catalan body.
b) Collect, manage and disseminate in the most suitable way, information related to its fields of interest which it obtains through a variety of means.
c) Organize, promote, and coordinate courses, conferences, seminars, and programmes of international visits.
d) Organize, promote, and coordinate awareness campaigns.
e) Organize, promote, and coordinate activities of documentation, study, diagnosis, and research.
f) Prepare specialized publications.
g) Award grants and other aid and set up prizes for Catalan and non-Catalan citizens in order to promote research.
h) Organize and participate in any other local or international activity which, within the field of work of the consortium, may interest its members or Catalan society in general.
- In carrying out all the above-mentioned functions, the PCM - DIPLOCAT must ensure it:
a) Associates its activities with those of other public or private bodies in Catalonia or the rest of the world so as to guarantee an optimum interaction between Catalan society and the international world.
b) Pays special attention to all the geographical area of Catalonia through collaboration with different bodies and economic and social actors in all the regions of Catalonia.
The PCM - DIPLOCAT is regulated via the provisions of these Statutes and the laws applicable to consortiums in Catalonia.
Chapter 2. Members of the PCM - DIPLOCAT
The PCM - DIPLOCAT is made up of the public or private bodies, institutions, and organizations listed in the annex of these Statutes.
- Other bodies with a determined vocation and trajectory in the same fields of activity can join the PCM - DIPLOCAT as long as their entry is approved by the highest level of the government of the body in question and ratified by an absolute majority of the members of the Plenary of PCM - DIPLOCAT.
- Those bodies joining the PCM - DIPLOCAT have to be incorporated into the annex without it being necessary to modify the Statutes. The updated annex must then be published in the Official Gazette of the Catalan government for its public dissemination.
By agreement of the Plenary, those members of the PCM - DIPLOCAT who carry out activities or declarations openly contrary to the objectives of PCM - DIPLOCAT may be expelled from the consortium.
Chapter 3. Organs of PCM - DIPLOCAT
The organs of government of PCM - DIPLOCAT are as follows:
- The Plenary
- Executive Committee
- Secretary or Secretary General.
Section 1. The Plenary
The Plenary is the highest governing organ of the PCM - DIPLOCAT and is made up of:
a) The President - who is the president of the Catalan government. They can delegate the role of president of a Plenary session to the member of the government responsible for foreign affairs, or to another minister of the government.
b) The president of the Executive Committee - who is the Secretary for Foreign Affairs of the Catalan government.
c) The highest-ranking representatives of local bodies, business schools, chambers of trade and other business associations listed in the annex of these Statutes - who can themselves delegate the role of attending a Plenary to another executive post in their respective institutions.
d) The secretary of the Catalan Federation of Savings Banks and another representative of this Federation.
e) Two university chancellors chosen by the Inter-university Council of Catalonia.
f) The director general in charge of the field of foreign affairs of the Catalan government.
g) A representative of the Catalan government department responsible for the field of internationalizing Catalan businesses.
h) The head of the Inter-university Council of Catalonia.
i) The secretary or secretary general of PCM - DIPLOCAT.
It is the responsibility of the Plenary of the PCM - DIPLOCAT:
a) To approve the proposal of Statutes and propose any necessary modifications.
b) To approve the annual plan of action, proposed by the Executive Committee, and its corresponding financial provisions.
c) To approve the annual budget and settlement of accounts, as proposed by the Executive Committee.
d) To approve the admission of new members and the removal of those who contradict the objectives of the PCM - DIPLOCAT.
e) To propose the transformation of, or, if necessary, the dissolution and closure of the PCM - DIPLOCAT if proposed by the Executive Committee.
f) To choose the secretary or secretary general, as proposed by the president of the Plenary.
g) To be informed by the Executive Committee of the contracting of credit loans or any other financial or economic obligations.
h) To be informed by the Executive Committee of the exercising of any kind of legal or administrative actions, lodging of appeals, and, in general, the defence of the interests and rights of PCM - DIPLOCAT in any kind of proceedings.
i) To control that the objectives and functions of the PCM - DIPLOCAT are fulfilled.
j) Other responsibilities not specifically assigned to other organs in the present Statutes.
-1 The Plenary meets in a mandatory annual ordinary session. This session must approve the settlement of accounts, the report on the previous year's activities, and the budget and programme of activities for the next year.
-2 The Plenary can meet in an extraordinary session if required by the President or a majority of its members.
-3 The President convenes the meetings of the Plenary, via the secretary or secretary general, at least 15 days beforehand, attaching the agenda and reports to be discussed at the meeting.
-4 In an emergency case, a Plenary session can be convened with a minimum notice of 48 hours.
-5 The Plenary is considered to be constituted and valid, and can make decisions, when over half of its members are present.
-6 Two auditors must be designated at each meeting of the Plenary.
-7 In accordance with article 19.b), the secretary or secretary general must record the minutes of the meeting and, within 15 days, pass them on to the auditors and the president of the Plenary for their approval.
-1 The agreements in the Plenary are to be approved by a simple majority of the attendees except for the situations laid out in the following section.
-2 An absolute majority of the members of the Plenary is needed to approve the provisions of article 11.a).
-3 The Catalan government has the same number of votes as the total number of votes of all the other members of the Plenary, who have one vote each. In cases of a tied vote, the President has the casting vote.
It is the President of the Plenary's responsibility to:
a) Exercise the representation of the PCM - DIPLOCAT in all fields.
b) Convene the Plenary meetings, via the secretary or secretary general and determine the meeting's agenda, agreed with the president of the Executive Committee and the secretary or secretary general, taking into account the demands of the other members of the Plenary.
c) Preside over the sessions and chair the debates.
d) Suspend and cancel sessions.
e) Approve the minutes of the meetings and certifications of any agreements taken by the Plenary.
f) Use their casting vote to solve questions which may occur in sessions of the Plenary.
Section 2. The Executive Committee
The Executive Committee is the permanent body of PCM - DIPLOCAT and is made up of:
a) The president of the Executive Committee.
b) The director or director general responsible for the field of foreign affairs of the Catalan government.
c) The secretary or secretary general of PCM - DIPLOCAT.
d) A representative from the Associació Catalana de Municipis i Comarques (Catalan association of municipalities), and a representative from the Federació de Municipis de Catalunya (Catalan Federation of Municipalities), on behalf of the local political institutions which are members of PCM - DIPLOCAT.
e) The head of the Consell Interuniversitari de Catalunya (Inter-university Council of Catalonia), on behalf of the universities and centres of higher education which form part of PCM - DIPLOCAT.
f) A representative from the Federació Catalana de Caixes d'Estalvis (Catalan federation of savings banks).
g) A representative from the Consell General de les Cambres Oficials de Comerç, Indústria i Navegació de Catalunya (General Council of the Chambers of Trade, Industry and Navigation of Catalonia).
Powers of the Executive Committee include:
a) Approving the personnel and internal organization of PCM - DIPLOCAT presented by the secretary or secretary general.
b) Authorizing or delegating, depending on each case, any contracting necessary to fulfil the aims of PCM - DIPLOCAT.
c) Authorizing expenses within the limits of budgetary regulations.
d) Approving the PCM - DIPLOCAT programme of activities.
e) Naming the members of the Advisory Council.
f) Ensuring article 24 is fulfilled.
g) Any other responsibilities which it may have in accordance with current legislation.
The responsibilities and powers of the president of the Executive Committee include:
a) Supervising the activities of PCM - DIPLOCAT in accordance with the indications of the government bodies and ensuring the execution of agreements taken by the Plenary.
b) Convening - via the secretary or secretary general - the meetings of the Executive Committee and presiding over said meetings.
c) Presenting a report before the ordinary session of the Plenary of the activities carried out in the previous year and the respective budgets and costs.
d) Proposing a plan of activities and annual budget to the Plenary.
e) Supervising, via the secretary general, the economic and administrative management of PCM - DIPLOCAT, following the required regulations for this kind of public body.
f) Maintaining contact with the people responsible for the institutions and bodies making up PCM - DIPLOCAT, with the objective of guaranteeing the maximum effective coordination.
g) Any other roles which, in accordance with current legislation, may correspond to the Plenary of PCM - DIPLOCAT or the majority of the Executive Committee.
Section 3. The secretary or secretary general
The secretary or secretary general is chosen by the Plenary of PCM - DIPLOCAT as proposed by the president of the Catalan government. The post is for a four-year term which can be renewed.
It is the secretary or secretary general's responsibility to:
a) Execute or ensure the execution of decisions taken by the Plenary and Executive Committee and, in accordance with the Statutes, promote the activity of PCM - DIPLOCAT.
b) Be the secretary of the Plenary and Executive Committee, convening meetings and preparing reports with the minutes of each session.
c) Provide the files of activities and documents which the Plenary expressly requests to see.
d) Provide the necessary support for the president of the Executive Committee to present before the ordinary Plenary session a report on the activities carried out in the previous year and the budgetary implications.
e) Provide the necessary support for the president of the Executive Committee to propose a plan of activities and its corresponding budget for the following year in the ordinary Plenary session.
f) Adopt the measures which guarantee the correct functioning of PCM - DIPLOCAT in all the fields of its activities and explain them in the Executive Committee meetings.
g) Legally represent the PCM - DIPLOCAT; in cases of emergency, they can act without the agreement of the Plenary or Executive Committee, but must give explanations immediately afterwards.
h) Execute any judicial and administrative actions necessary to defend the interests of PCM - DIPLOCAT.
i) Propose to the Executive Committee a policy for contracting personnel and services.
j) Incur expenses in accordance with that stated in article 16.c), and present the settlement of expenses in the ordinary meeting of the Executive Committee.
k) Inform about the workings of PCM - DIPLOCAT and the evolution of incomes and expenses in each Executive Committee meeting.
l) Maintain contact with the people responsible for the institutions and bodies making up PCM - DIPLOCAT, with the aim of guaranteeing the best functional coordination.
m) Direct the offices, branch offices and representative services that the PCM - DIPLOCAT can set up in accordance with its higher organs and provide up-to-date information regarding the state of this question in every Executive Committee meeting.
n) Head the internal organization in accordance with chapter 5.
Chapter 4. The Advisory Council
-1 The Advisory Council is the advisory body of the PCM - DIPLOCAT and is made up of international or Catalan people or bodies with a recognized prestige and background in the fields of economy, politics, international affairs or other areas of interest for carrying out the functions assigned to PCM - DIPLOCAT.
-2 The members of the Advisory Council are named by the Plenary, by an absolute majority vote, for a renewable period of four years following a proposal by the Executive Committee.
-3 The president of the Executive Committee and the secretary or secretary general shall attend the meetings with the right to speak and vote.
The Advisory Council of PCM - DIPLOCAT, within the field of the objectives of PCM - DIPLOCAT, proposes and contributes to the carrying out of activities and adopts those resolutions it considers convenient and, via the president of the Executive Committee, transfers them to the Plenary for debate and, if necessary, for their approval.
Chapter 5. Internal organization
-1 The staff of PCM - DIPLOCAT depend on the secretary or secretary general.
-2 The PCM - DIPLOCAT can employ personnel already working at the institutions and bodies which make up the consortium and through external contracts in accordance with the provisions and regulations regarding this matter which are applicable in each case.
Chapter 6. Economic and financial system
The economic resources of PCM - DIPLOCAT consist of:
a) Transfers from the Catalan government budgets.
b) Contributions from the other members of PCM - DIPLOCAT as approved by the Plenary.
c) Donations and subsidies from other people and bodies.
d) When relevant, payments for services provided.
The Catalan government (Generalitat de Catalunya) is responsible for the expenses for any premises and minimum services necessary for the correct functioning of PCM - DIPLOCAT, including personnel. Furthermore, it is responsible for at least half of the expenses of the activities of PCM - DIPLOCAT. Regarding the remaining financial needs, the agreements of the Plenary must be applied.
Financial control of PCM - DIPLOCAT must be carried out via audits under the observance of the General Intervention body of the Catalan government in accordance with that established in the regulations of public finances.
Chapter 7. Modification of Statutes
The modification of these Statutes must be approved following the same procedure and with prior agreement of the Plenary of PCM - DIPLOCAT.
Chapter 8. Dissolution of PCM - DIPLOCAT
-1 The PCM - DIPLOCAT can be dissolved following a decision by the Catalan government or an agreement of the consortium if a qualified majority of three fifths of the members of the Plenary so wish.
-2 In the case of dissolution, once all financial obligations related to the liquidation of PCM - DIPLOCAT and any outstanding credits have been settled, any excess assets will become part of the assets of the Catalan government except for those assets which had been transferred to PCM - DIPLOCAT from its members or third parties, which then have to be returned to these parties/members under the conditions agreed beforehand.
The interpretation of these Statutes is the responsibility of the Plenary president after listening to the plenary.
DECREE-LAW 149/2012, 20 November, regarding the modification of the Statutes of the Patronat Catalunya Món and its renaming as Patronat Catalunya Món - Consell de Diplomàcia Pública de Catalunya (PCM - DIPLOCAT) (DOGC no. 6259, date 21/11/2012) (In Spanish)
Last updated: 08/11/2019