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N. GUIDING LINES REGARDING RELATIONSHIP AGREEMENTS BETWEEN FAO AND INTERGOVERNMENTAL ORGANIZATIONS


N-1: Preamble

N-2: Resolution No.69.59

N-3: Appendix


Preamble

1. The twenty-ninth session of the Council having before it the draft of an agreement between FAO and an intergovernmental organization requested the Committee on Constitutional and Legal Matters to examine the draft. The Committee in reporting to the thirty-first session of the Council drew attention to the fact that over the last several years a set of principles had been formulated and approved by the Conference governing relationship between FAO and international non-governmental organizations, but that no such principles had so far been established with respect to intergovernmental organizations and that in the absence of guiding principles the Committee experienced difficulty in carrying out its task.

2. The Council concurred with the view of the Committee that a set of criteria be drawn up which would serve as guiding lines in the light of which proposals regarding relationship agreements with intergovernmental organ izations should be examined.

3. The tenth session of the Conference1 had before it a set of guiding lines drawn up by the Committee on Constitutional and Legal Matters at the request of the Council and transmitted to the Conference as document C59/32.

4. Two Member Nations expressed the view that a more restrictive criterion should be adopted as to the objectives and activities of any intergovernmental organizations in the field of food and agriculture. It was the majority opinion, however, that there should not be any change in the criteria as drafted by the Committee on Constitutional and Legal Matters.


Resolution No. 69/59

Guiding lines regarding relationship between FAO and intergovernmental organizations
THE CONFERENCE

Noting the absence of a set of established criteria regarding relationship between FAO and intergovernmental organizations;

Considering the desirability of adopting a set of guiding lines which should be taken into account when considering proposals for formal relationship agreements with intergovernmental organizations;

Having examined the guiding lines drawn up by the Committee on Constitutional and Legal Matters and transmitted to the Conference through the Council as document C59/32;

Approves these guiding lines, which should serve as a reminder of the points to be considered when examining formal relationship agreements between FAO and intergovernmental organizations, and the text of which is appended hereto as Appendix G.2


Appendix3
Guiding Lines for Formal Relationship Agreements between FAO and other Intergovernmental Organizations

Preamble

The following matters should be taken into account when considering relationship agreements with international intergovernmental organizations other than those of the United Nations family:

  1. Intergovernmental character of the other organization.
  2. Desirability of concluding formal agreements.
  3. Contents of agreements - scope and method of cooperation.

A. Intergovernmental Character of the Other Organization

The present criteria applied by FAO for recognizing the intergovernmental character of an organization should be maintained, i.e.:

  1. The organization should have been set up by an intergovernmental convention (a convention to which the parties are States).
  2. The governing body of the organization should be composed of members designated by governments.
  3. The income of the organization should be made up mainly, if not exclusively, of contributions from governments.

B. Desirability of Concluding Formal Agreements

When taking a policy decision as to whether a focal agreement should be concluded with an intergovernmental organization, consideration should be given to:

1. Factors inherent in the other organization

  1. The aims and purposes of the organization should be in conformity with the general principles embodied in the Charter of the United Nations and the Constitution of FAO.
  2. The objectives and activities of the organization should be related at least partly to food and agriculture and/or should have the purpose of promoting cooperation among the members of the organization in related fields.
  3. The structure and methods of operation of the organization should be such as to ensure that it may effectively cooperate with FAO and further the objectives of FAO.
  4. The organization should have legal capacity to enter into agreements with other international organizations; prior evidence should be obtained that the conclusion of an agreement has been duly authorized by the competent body.
  5. The nature of the relations that the organization has established with other intergovernmental organizations, including those of the United Nations family, should be taken into account.
  6. Agreements should be concluded only with organizations whose members are members of at least one of the organizations of the United Nations family, unless special circumstances would warrant a decision to the contrary.

2. Factors relating to cooperation with FAO

  1. The purpose of cooperation should be to provide for consultation, coordination of effort, mutual assistance and possibly joint action in fields of mutual interest on the understanding that cooperation is designed to further the objectives of FAO.
  2. The degree and extent of present, past and/or future cooperation with FAO should warrant the conclusion of a formal agreement.
  3. Consideration should be given to the question as to whether:

    1. well-defined permanent arrangements are desirable to set out the bases of cooperation and to avoid duplication or for other reasons;
    2. an ad hoc regional arrangement instead of a formal agreement would as well serve the desired purpose; or
    3. difficulties have arisen in carrying out informal cooperation which could not be eliminated without the conclusion of a formal agreement.

  4. The administrative and financial implications of the agreement for FAO should be considered in consultation with the Programme and Finance Committees.

C. Contents of Agreements - Scope and Method of Cooperation

The provisions of the agreements should be consistent with those of the Constitution and Rules of the Organization, and be as specific as possible as to the forms of cooperation, and should not create operational or procedural difficulties which would outweigh the value of the agreement for the Organization.

Methods of liaison which should be considered are as follows:

  1. reporting on activities performed;
  2. right to suggest insertion of specific items in agenda of governing bodies;
  3. extent of reciprocal representation at meetings and arrangements therefor;
  4. exchange of publications and, as appropriate, of other forms of documentation.

Methods of close cooperation and avoidance of duplication should include:

  1. distribution of responsibilities;
  2. indication of specific fields in which cooperation is required;
  3. consultation at all stages of planning and execution of programmes of interest to either organization;
  4. nature and methods of joint action;
  5. cooperation for dissemination of information, including methods for financing such action;
  6. in the case of an organization which is regional in scope, the arrangements for ensuring cooperation through the appropriate regional office of FAO, which have been found acceptable after prior consultation with the FAO Member Nations of the region of the other organization, should be incorporated in the agreement.

1 See paragraphs 599 to 602 of the Report of the tenth session of the Conference.

2 Appendix G of the Report of the tenth session of the Conference appears in this volume on pages 169 to 171.

3 Appendix G to the Report of the tenth session of the Conference.

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