11. The Commission considered documents GFCM/XXIX/2005/3 "Selection of the Executive Secretary" and GFCM/XXIX/2005/Inf.11 "Information note on the procedures for the determination of the headquarters of the Commission and the selection of the Executive Secretary".
12. The Commission noted that the Executive Secretary was to be selected under the terms of Article XI, paragraph 1 of the GFCM Agreement, as amended following the entry into force of the set of amendments approved by the FAO Council at its Hundred and thirteenth Session, Rome, 4-6 November 1997, which involved new obligations for the Members of the Commission. These amendments had come into force on 29 April 2004 with respect to each Member having accepted them. The Commission noted also that, at its Extraordinary Session, it had approved a procedure for the selection of the Executive Secretary. The Commission noted further that the implementation of this procedure had led to the short-listing of six candidates.
13. The Commission conducted the interview process of the short-listed candidates.
14. The Commission then proceeded to implementing the provisions of paragraph 6 of the procedure set out in Appendix H of the report of its Extraordinary Session, as follows:
"At the end of the interview process, a first round of voting shall be held and the two candidates receiving the least number of votes shall be eliminated from the selection process. A second round of voting shall then be held between the remaining three candidates and the candidate receiving the least number of votes shall be eliminated. Should two of the candidates have an equal number of points, a separate vote shall be held between them to eliminate one candidate. A vote shall then take place between the final two candidates and he or she receiving the most votes shall be selected".
15. The Commission examined at length the question of whether all Members of the GFCM could participate in the above voting process or only the Members having accepted the set of amendments involving new obligations which came into force on 29 April 2004. In this connection, it was recalled that, at its Extraordinary Session, the Commission had acknowledged that only Members having deposited the instruments of acceptance of the amendments involving new obligations would be able to vote on matters covered by the amendments which came into force on 29 April 2004, should a vote be required. The Commission also noted that the matter had been discussed in some detail at that session. At that time, the FAO Legal Office had indicated that, from a legal point of view, having regard to principles of international law as embodied in the Vienna Convention on the Law of Treaties, nothing would prevent the Commission from agreeing that all Members could participate in the decision. However, whether or not this approach could be taken was entirely a matter for the Commission to decide upon.
16. Following an extensive debate in the course of which a wide range of views were expressed, it was acknowledged that the Executive Secretary would be required to serve the Commission as a whole and all its Members, including those which had not yet accepted the amendments involving new obligations, and that it was desirable to allow all Members to participate in such an important decision as that of the selection of the Executive Secretary. Therefore and following a proposal by the Member States of the European Union (EU), the Commission agreed that as an exceptional measure limited to that issue only which would not, in any way, set a precedent for any future decisions, all Members could vote. The Commission emphasized that this was done on the agreement that all Members which had not yet deposited the instruments of acceptance of the amendments involving new obligations would do so prior to the end of the year and that they would be contributing to the budget for 2005, as all costs related to the post of Executive Secretary are borne by the autonomous budget. As a result of this decision, all GFCM Member States, with the exception of Israel and Lebanon, participated in the voting.
17. As to the actual voting procedure, the Commission took note of the views presented in document GFCM/XXIX/2005/Inf.11 and by the Legal Office that, in the event that a candidate should obtain at the first or second ballot a majority of the votes cast, such candidate would be selected and there would be no need for further ballots. The Commission noted further the views of the Legal Office that this particular situation had not been specifically envisaged in the procedure, as approved at the Extraordinary Session, and, consequently, in accordance with Rule IX, paragraph 7 of the Rules of Procedure, it should be dealt with in accordance with the General Rules of the Organization whereby, successive ballots are taken only "if a candidate fails on the first ballot to obtain a majority of the votes cast" (Rule XX, paragraph 11 refers).
18. However, the Commission considered that, when adopting the provisions set out in paragraph 6 of Appendix H of the report of its Extraordinary Session, its intent was very clear that three ballots should take place anyway and, therefore, decided unanimously that such three ballots should be held irrespective of whether or not a candidate obtained the required majority in the first or second ballots.
19. The Commission held three secret ballots, at which twenty one Members participated. As a result, the Commission requested the Chairman of the GFCM to propose to the Director-General that Mr Alain Bonzon (France) be appointed as Executive Secretary of the Commission.
