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VII. PART III. Constitutional and administrative matters


A. Constitutional and legal matters
B. Administrative and financial matters


A. Constitutional and legal matters


Amendments to Article V.6 of the Constitution
Amendment to Article VII of the Constitution-Duration of the Term of Office of the Director-General

Amendment to Article XI of the Constitution
Opening of the Committee on Fisheries to All Interested Member Nations
Functions and Term of Office of the Independent Chairman of the Council
Amendments to the FAO "Basic Texts"
Committee on Commodity Problems
Increase in the Number of Council Seats

Statutory Report on the Status of Conventions and Agreements and on Amendments thereto
Granting of Official Status to International `Ion-Governmental Organizations
FAO/WHO Codex Alimentarius Commission


Amendments to Article V.6 of the Constitution


a) Establishment of a Committee on Forestry
b) Establishment of a Committee on Agriculture


a) Establishment of a Committee on Forestry

321. The Conference recalled that it hat, at its Fifteenth Session, stresses the need for a standing committee wherein the heads of forest services of all Member Nations could periodically review forestry problems of an international character and advise the Director General on the medium ant long-term programme of work of the Organization in the field of forestry and on its implementation. The Conference had accordingly requested the Council to advise the Director-General how best to satisfy the wish of the Conference.

322. The Conference noted that the Programme Committee and the Committee on Constitutional and Legal Matters (CCLM), to whom the matter hat been referred by the Council, reaches the conclusion that the wish of the Conference could most appropriately be met by establishing a Committee on Forestry as a standing committee of the Council, open to all interested Member Nations, under Article V, paragraph 6, of the Constitution. The Council at its Fifty Fifth Session endorsed this conclusion as well as the proposals of the Programme Committee ant the CCLM regarding the procedure for the appointment of members, the level of representation of Member Nations at sessions of the Committee on Forestry, and the periodicity of such sessions.

323. The Conference examined the recommendations of the Council including the proposed amendment to the Constitution and the text of a new rule to be inserted in the General Rules of the Organization defining the structure, composition, terms of reference, and operating procedures of the proposed Committee on Forestry. The Conference unanimously supported the proposal for establishing a Committee on Forestry.

324. In the course of the deliberation on this proposal, several delegates stressed the importance of the conservation of forest resources for the protection of the human environment. Emphasis was also places on the role which the Committee on Forestry might play in advising on the promotion of forest industries in developing countries and on the marketing of their forest products. The view was expressed that the activities of regional forestry commissions might be reviewed in the light of the establishment of the Committee on Forestry.

325. Some delegations strongly supported the views expressed by the Council that the emphasis of the work of the Committee on Forestry should be on the medium and longer-term programmes of the Organization and not on the Regular Programme of Work.

326. The Conference adopted the following resolution:

Resolution 10/71

Establishment of a Committee on Forestry

THE CONFERENCE,

Recalling that at its Fifteenth Session (November 1969), it had stressed the need within the FAO machinery, for a standing committee, wherein heads of forest services of all Member Nations could (a) conduct periodic reviews of forestry problems of an international character ant appraise such problems with respect to possible effective action by FAO for their solution; and (b) advise the Director-General on the medium and long-term programmes of work of the Organization in the field of forestry and their implementation,

Concurring with the recommendations of the Council that the objective stated by the Conference could most appropriately be met by establishing a Committee on Forestry as a standing committee of the Council under the provisions of Article V, paragraph 6 of the FAO Constitution,

Further concurring with the recommendation of the Council that members of the Committee on Forestry be appointed by the Council for a period of two years, and that the Committee be composed of those Member Nations which notify the Director-General of their interest in the work of the Committee and of their intention to participate actively in the efficient discharge of the Committee's mandate,

Sharing the view of the Council that Member Nations of the Committee on Forestry should be represented as far as possible by their most senior officers responsible for forestry,

Adopts the following amendments to Article V, paragraph 6 of the Constitution:

''6. To assist the Council in performing its functions, the Council shall appoint a Programme Committee, a Finance Committee, a Committee on Constitutional and Legal Matters, a Committee on Commodity Problems, a Committee on Fisheries and a Committee on Forestry. These Committees shall report to the Council and their composition and terms of reference shall be governed by rules adopted by the Conference.''

Amends Rule XXV.3(a) of the General Rules of the Organization to read as follows:

''3.(a) appoint a Programme Committee, a Finance Committee, a Committee on Constitutional and Legal Matters, a Committee on Commodity Problems, a Committee on Fisheries and a Committee on Forestry''

Further amends the General Rules of the Organization by adding after Rule XXX a new Rule, the text of which shall read as follows:

RULE XXXI

Committee on Forestry

1. The members of the Committee on Forestry provided for in paragraph 6 of Article V of the Constitution shall be appointed by the Council for a period of two years at the session of the Council immediately following the regular session of the Conference. The Committee shall be composed of those Member Nations which notify the Director General in writing of their desire to be appointed as members of the Committee in view of their interest in forestry and of their intention to participate actively in the efficient discharge of the Committee's mandate. The Director-General shall determine and communicate to all Member Nations the latest date by which such notifications shall be made, and shall submit a list of such notifications to the Council not later than on the day set by the Council for the appointment of the members of the Committee.

2. Members of the Committee should as far as possible be represented by their most senior officers responsible for forestry.

3. The Committee shall determine the date and place of its sessions. Normally, the Committee shall hold one session during each biennium, to be convened by the Director General in consultation with the Chairman of the Committee. The Committee shall preferably meet early in the non-Conference years.

4. If required, the Committee may hold additional sessions on the call of its Chairman or the Director-General, or on request submitted in writing to the Director-General by the majority of the members of the Committee.

5. The Committee shall:

(a) Conduct periodic reviews of forestry problems of an international character and appraise such problems with a view to concerted action which could be undertaken by Member Nations and the Organization in order to resolve such problems,

(b) Review the programmes of work of the Organization in the field of forestry and their implementation,

(c) Advise the Director-General on the future programmes of work of the Organization in the field of forestry and on their implementation,

(d) Review specific matters relating to forestry referred to the Committee by the Council or the Director-General, or places by the Committee on its Agenda at the request of a Member Nation in accordance with the rules of procedure of the Committee, ant make recommendations as may be appropriate,

(e) Report to the Council ant Bender advice to the Director-General, as appropriate, on matters considered by the Committee.

6. Any recommendations adopted by the Committee which affects the programme or finances of the Organization shall be reported to the Council with the comments of the appropriate subsidiary committees of the Council. The reports of the Committee should, as in the case of certain other Committees established under Article V of the Constitution, also be places before the Conference.

7. The Director-General or his representative shall participate in all meetings of the Committee and may be accompanied by such officers of the staff of the Organization as he may designate.

8. The Committee shall elect its own Chairman among its members. It may adopt and amend its own rules of procedure, which shall be consistent with the Constitution ant the General Rules of the Organization.

9. The Committee may, when necessary, establish sub-committees, subsidiary working parties or study groups, subject to the necessary funds being available in the relevant chapter of the approved budget of the Organization, and may include in the membership of such sub-committees, subsidiary working parties or study groups Member Nations that are not members of the Committee and Associate Members. The Council may admit to membership of sub-committee, subsidiary working parties and study groups established by the Committee nations which, while not Member Nations or Associate Members of the Organization, are members of the United Nations. Former Member Nations of the Organization thee have withdrawn leaving arrears of contributions shall not be admitted to membership of sub-committees, subsidiary working parties and study groups until such time as they have paid up all such arrears, or the Conference has approved an arrangement for the settlement thereof, or unless the Council in special circumstances decides otherwise with respect to such admission.

10. The subsidiary bodies referred to in the preceding paragraph may adopt or amend their own rules of procedure, which shall be approved by the Committee on Forestry and shall be consistent with the rules of the Committee.

(Adopted, 19 November 1971)

b) Establishment of a Committee on Agriculture

327. The Conference noted that the Council at its Fifty-Fifth Session had endorsed a recommendation of the Programme Committee for the creation of a Committee on Agriculture, under Article V, paragraph 6 of the Constitution, which should be open to all interested Member Nations. It further noted that the Programme Committee and the Committee on Constitutional and Legal Matters (CCLM) to whom the matter had been referred by the Council for detailed consideration, had formulated proposals regarding the procedure for the appointment of members, the level of representation of Member Nations at sessions of the Committee on Agriculture and the periodicity of such sessions, and that the Council at its Fifty-Sixth Session had endorsed these proposals and the draft resolution prepared by the CCLM.

328. The Conference examined the recommendations of the Council, including the proposed amendment to the Constitution and the text of a new rule to be inserted in the General Rules of the Organization, defining the structure, composition, terms of reference and operating procedures of the proposed Committee on Agriculture.

329. There was a general consensus on the desirability of establishing a Committee on Agriculture as a standing committee of the Council, open to all interested Member Nations. However, in the course of the deliberations, a number of questions were raised and certain proposals were made as regards the terms of reference of the proposed Committee and its relationship with other statutory and regional bodies.

330. Wir regard to the terms of reference, the Conference accepted a proposal to the effect that they should include structural aspects related to agriculture and rural development in general. It was also suggested that questions pertaining to land and water, including irrigation, should receive particular attention and that problems connected with watershed management might be studied in conjunction with the Committee on Forestry.

331. Several delegates questioned the exclusion of the review of short-term programmes from the terms of reference of the Committee and wondered whether these terms of reference should not, in this respect, be brought into line with those of the Committees on Forestry and on Fisheries which did not contain this limitation. It was pointed out that the Council, on considering this question, had reached the conclusion that, in view of the purpose for which the Committee was proposed, the. terms of reference of the Committee on Agriculture should only mention medium and long-term programmes Some delegations strongly supported the above views of the Council on the work of the Committee.

332. In the course of the debate a proposal was made that the Committee's authority to establish subsidiary bodies should not be limited to exceptional cases. The Conference noted, however, that the Council had stressed the importance of maintaining the concept of a single committee dealing with selected items on a multi-disciplinary basis, and had also stressed that subsidiary and ad hoc bodies should be established only in exceptional circumstances.

333. Several delegates mentioned the risk of duplication or overlapping of the functions of the Committee on Agriculture with those of other Committees, in particular, the Committee on Commodity Problems. The Conference was informed that both the Programme Committee and the Council had given careful consideration to this problem, and that paragraph 7 of the proposed Rule on the Committee on Agriculture specifically provided that the basic responsibility of the Committee on Commodity Problems for reviewing commodity and related trade problems of an international character, had to be taken into account by the Committee on Agriculture. Some delegates also emphasized the need for cooperation, on matters of common interest, with Regional Conferences and commissions of FAO and Regional Economic Commissions of the United Nations.

334. The Conference adopted the following resolution:

Resolution 11/71

Establishment of a Committee on Agriculture

THE CONFERENCE,

Conscious of the need for ensuring an integrated approach to the planning and execution of the Organization's programmes in the various fields of agriculture,

Considering that the problems connected with these programmes are of a multi-disciplinary nature, comprising technical, economic, institutional and social aspects,

Concurring with the recommendation of the Council that these problems might best be examined at the intergovernmental level by a Committee on Agriculture to be established as a standing committee under Article V, paragraph 6, of the Constitution,

Further concurring with the recommendation of the Council that members of the Committee on Agriculture be appointed by the Council for a period of two years, and that the Committee be composed of those Member Nations which notify the Director-General of their interest in the work of the Committee and of their intention to participate actively in the efficient discharge of the Committee's mandate,

Taking note of the view of the Council that Member Nations of the Committee on Agriculture should, as far as possible, be represented by senior officers highly qualified to contribute to a multi-disciplinary consideration of issues before the Committee,

Adopts the following amendment to Article V, paragraph 6, of the Constitution:

''6. To assist the Council in performing its functions, the Council shall appoint a Programme Committee, a Finance Committee, a Committee on Constitutional and Legal Matters, a Committee on Commodity Problems, a Committee on Fisheries, a Committee on Forestry and a Committee on Agriculture. These Committees shall report to the Council and their composition and terms of reference shall be governed by rules adopted by the Conference.''

Amends Rule XXV.3 (a) of the General Rules of the Organization to read as follows:

''3. (a) appoint a Programme Committee, a Finance Committee, a Committee on Constitutional and Legal Matters, a Committee on Commodity Problems, a Committee on Fisheries, a Committee on Forestry and a Committee on Agriculture.''

Further amends the General Rules of the Organization, by adding a new Rule, the text of which shall read as follows:

Rule XXXII

Committee on Agriculture

''1. The Members of the Committee on Agriculture provided for in paragraph 6 of Article V of the Constitution shall be appointed by the Council for a period of two years at the session of the Council immediately following the regular session of the Conference, The Committee shall be composed of those Member Nations which notify the Director General in writing of their desire to be appointed as members of the Committee in view of their interest in agricultural problems within the Committee's mandate and of their intention to participate actively in the efficient discharge of such mandate. The Director-General shall determine and communicate to all Member Nations the latest date by which such notifications shall be made, and shall submit a list of such notifications to the Council not later than on the day set by the Council for the appointment of the members of the Committee.

2. Members of the Committee should, as far as possible, be represented by delegations consisting of senior officers highly qualified to contribute actively to a multidisciplinary consideration of the subjects on the agenda of the Committee.

3. The Committee shall determine the date and place of its sessions. Normally, the Committee shall hold one session during each biennium, to be convened by the Director General in consultation with the Chairman of the Committee. The Committee shall preferably meet early in the non-Conference years.

4. If required, the Committee may hold additional sessions on the call of the Director General in consultation with its Chairman, or on request submitted in writing to the Director-General by the majority of the members of the Committee.

5. The Committee shall:

(a) Conduct periodic reviews and appraisals on a higly selective basis, of agricultural problems, with a view to concerted action by Member Nations and the Organization;

(b) Advise the Council on the medium-and longer-term programme of work of the Organization in selected fields of agriculture and on its implementation, with emphasis on the integration of all social, technical, economic, institutional and structural aspects related to agricultural and rural development in general;

(c) Review specific matters relating to agriculture referred to the Committee by the Conference, the Council or the Director-General, or placed by the Committee on its agenda at the request of a Member Nation in accordance with the rules of procedure of the Committee, ant make recommendations as may be appropriate;

(d) Report to the Council and render advice to the Director-General as appropriate, on any other matter considered by the Committee.

6. For the purpose of the present rule, the term "agriculture'' does not include fisheries and forestry matters which are within the terms of reference of the Committee on Fisheries and the Committee on Forestry respectively.

7. The Committee shall establish appropriate procedures for determining its agenda in respect of each session, bearing in mind the desirability of ensuring an interdisciplinary consideration of all relevant aspects of a limited number of major issues, and taking into account the basic responsibility of the Committee on Commodity Problems for reviewing commodity and related trade problems of an international character.

8. Any recommendation adopted by the Committee affecting the programme or finances of the Organization or concerning legal or constitutional matters shall be reported to the Council with the comments of the appropriate subsidiary committees of the Council. The reports of the Committee shall also be placed before the Conference.

9. The Director-General or his representative shall participate in all meetings of the Committee and may be accompanied by such officers of the staff of the Organization as he may designate.

10. The Committee shall elect from among its members, its chairman and the other officers. It may adopt and amend its rules of procedure, which sall be consistent with the Constitution and the General Rules of the Organization.

11. The Committee may, on an exceptional basis, establish subsidiary or ad hoc bodies where it considers that such action is conducive to facilitating its own work and will not adversely affect the multi-disciplinary consideration of questions submitted to the Committee for examination. Before taking a decision on the establishment of any subsidiary or ad hoc body, the Committee shall examine the administrative and financial implications of such decision, in the light of a report to be submitted by the Director-General. The Committee shall define the terms of reference, composition and, as far as possible, the duration of the mandate of each subsidiary or ad hoc body.

12. (e) The Committee may include in the membership of such subsidiary or ad hoc bodies Member Nations that are not members of the Committee and Associate Members; (b) The Council may admit to membership of subsidiary or ad hoc bodies established by the Committee, nations which, while not Member Nations or Associate Members of the Organization, are members of the United Nations; (c) Former Member Nations of the Organization that have withdrawn leaving arrears of contributions shall not be admitted to membership of subsidiary or ad hoc bodies of the Committee until such time as they have paid up all such arrears, or the Conference has approved an arrangement for the settlement thereof, or unless the Council in special circumstances decides otherwise with respect to such admission.

13. The subsidiary or ad hoc bodies referred to in paragraph 11 may adopt or amend their rules of procedure, which shall be approved by the Committee and shall be consistent with its rules of procedure.

(Adopted, 19 November 1971)

Amendment to Article VII of the Constitution-Duration of the Term of Office of the Director-General

335. The Conference had before it the proposal made by the Council at its Fifty-Sixth Session for an amendment of the provisions of Article VII of the Constitution relating to the term of office of the Director-General. Article VII provided for the appointment of the Director General for an initial term of four years, with the possibility of reappointment for two successive terms of two years, after which he would not be eligible for reappointment. The Council had proposed that this Article be amended to provide for a single term of six years non-renewable.

336. Some delegates expresses reservations with regard to the proposal for a single six-year term, pointing out that this term of office might be too long in the event that a Director General no longer enjoyed the confidence of Member Nations. It was also pointed out that the proposal would preclude the Conference from appointing a Director-General for a second term of office even where Member Nations felt that it would be in the best interest of the Organization to extend his term of office. These delegates, therefore, reaffirmed their position in favour of a four-year term with the possibility of reappointment for a further four-year term.

337. A large majority of delegates, however, supported the recommendation of the Council providing for a term of six years non-renewable. They emphasized that the principle of non re-elegibility had the advantage of eliminating the side-effects of a re-election and of allowing the Director-General to concentrate all his attention on the discharge of his functions, thus ensuring stability and continuity in the work of the Organization.

338. The Conference therefore decided to amend paragraph 1 of Article VII so as to provide for a single term of six years non-renewable. It further endorsed the proposal of the Council to amend the provision of Article VII relating to the appointment of a Director-General, should a vacancy occur before the expiration of his predecessor's term of office.

339. The Conference concurred with the recommendation of the Council that, as a transitional measure, the present Director-General should be eligible for reappointment for a single term of four years.

340. The Conference adopted the following resolution:

Resolution 12/71

Term of Office of the Director-General

THE CONFERENCE

Considering the advisability of giving the Director-General a reasonable and sufficiently long-term of office to allow him to carry out positive and effective work toward the achievement of the goals of the Organization, by enabling him to concentrate all his attention on the functions of his high position,

Having noted the proposals made at the Fifty-Fifth Session of the Council for an amendment of the provisions of Article VII of the Constitution relating to the term of office of the Director-General,

Having examined the relevant draft amendment recommended by the Council at its Fifty-Sixth Session,

Decides that:

Article VII of the Constitution is hereby amended to read as follows:

THE DIRECTOR-GENERAL

1. There shall be a Director-General of the Organization who shall be appointed by the Conference for a term of six years, after which he shall not be eligible for reappointment.

2. The appointment of the Director-General under this Article shall be made by such procedures and on such terms as the Conference may determine.

3. Should the office of Director-General become vacant during the above-mentioned term of office, the Conference shall, either at the next regular session or at a special session convened in accordance with Article III, paragraph 6 of this Constitution, appoint a Director-General in accordance with the provisions of paragraphs 1 and 2 of this Article. However, the duration of the term of office of a Director-General appointed at a special session shall expire at the end of the year of the third regular session of the Conference following the date of his appointment.

4. Subject to the general supervision of the Conference and the Council, the Director General shall have full power and authority to direct the work of the Organization.

5. The Director-General or a representative designated by him shall participate, without the right to vote, in all meetings of the Conference and of the Council and shall formulate for consideration by the Conference and the Council proposals for appropriate action in regard to matters coming before them.''

The provisions of Article VII as amended above shall apply to the appointment of any Director-General other than the present incumbent of that office. The present Director General shall be eligible for reappointment for a single term of four years.

(Adopted, 19 November 1971)

Amendment to Article XI of the Constitution

341. The Conference recalled that at its Fifteenth Session it hat considered the difficulties encountered in the implementation of the provisions of Article XI of the Constitution pertaining to the submission of periodic reports by Member Nations and Associate Members, and had agreed that the matter should be further considered by the Council, the Programme Committee and the Committee on Constitutional and Legal Matters with a view to proposing to the Sixteenth Session of the Conference an appropriate amendment to Article XI to bring it up-to-date.

342. Having considered the recommendations of the Council and the text of the proposed amendment, the Conference adopted the following resolution:

Resolution 13/71

Amendment of Article XI

THE CONFERENCE

Recalling the conclusions reached at its Fifteenth Session concerning the difficulties encountered in the implementation of the provisions of Article XI of the Constitution pertaining to the submission of periodic reports by Member Nations and Associate Members,

Recalling further its decision that the matter should be considered by the Council, the Programme Committee and the Committee on Constitutional and Legal Matters with a view to proposing an appropriate amendment to Article XI, designed to bring that constitutional provision up-to-date,

Having considered the draft amendment submitted by the Fifty-Sixth Session of the Council, in the light of recommendations made by the Programme Committee at its Nineteenth Session and by the Committee on Constitutional and Legal Matters at its Twenty-Fourth Session,

Decides that Article XI of the Constitution is hereby amended to read as follows:

ARTICLE XI

1. All Member Nations and Associate Members shall communicate regularly to the Director General on publication, the texts of laws and regulations pertaining to matters within the competence of the Organization which the Director-General considers useful for the purposes of the Organization.

2. With respect to the same matters, all Member Nations and Associate Members shall also communicate regularly to the Director-General statistical, technical and other information published or otherwise issued by or readily available to, the government. The Director-General shall indicate from time to time the nature of the information which would be most useful to the Organization and the form in which this information might be supplied.

3. Member Nations and Associate Members may be requested to furnish, at such times and in such form as the Conference, the Council or the Director-General may indicate, other information, reports or documentation pertaining to matters within the competence of the Organization, including reports on the action taken on the basis of resolutions or recommendations of the Conference.''

(Adopted, 24 November 1971)

Opening of the Committee on Fisheries to All Interested Member Nations

343. The Conference recalled that it had, at its Fifteenth Session, recommended that the Council examine the possibility of converting the Committee on Fisheries into a Committee open to all interested Member Nations. It noted that the Council had considered this matter taking into account reports of the Committee on Fisheries, the Programme Committee and the Committee on Constitutional and Legal Matters, and had recommended that the Committee on Fisheries should be open to all interested Member Nations for a trial period of four years, after which the situation should be reviewed.

344. The Conference examined the recommendation of the Council including the proposed suspension of paragraphs 1, 2 and 3 of Rule XXX of the General Rules of the Organization for a period of four years so as to make it possible for the Committee on Fisheries to be composed of those Member Nations which had notified the Director-General in writing of their desire to be appointed as members of the Committee in view of their interest in the work of the Committee and their intention to participate actively, for a two-year period, in the efficient discharge of the Committee's mandate. In the course of the discussions, delegates stressed the complexity of fishery problems which resulted from their international nature. They considered it desirable therefore, that all interested Member Nations should be able to take part as full members in the work of a body which was already contributing significantly to the achievement of the purposes of the Organization and was the leading intergovernmental body for the discussion of matters related to fisheries.

345. While some delegates noted that an enlarged Committee on Fisheries might not be able to fulfil its functions as expeditiously end efficiently as at present, they concurred with the majority view. The Conference agreed that the potential benefits far outweighed any such possible drawback, and expressed the firm hope that the opening of the Committee to all interested Member Nations would further increase its effectiveness. In this respect, the Conference stressed the need for all members of the enlarged Committee to participate actively in its work and to be represented by their most senior officers responsible for fisheries.

346. Some delegates strongly supported the views expressed by the Council that the emphasis of the work of the Committee on Fisheries and its sessions in non-Conference years should be on the medium-and longer-term programmes of work of the Organization and not on the regular Programme of Work.

347. A number of delegates would have favoured the opening of the Committee on Fisheries on a permanent basis. The majority of delegates, however, deemed it preferable to gain experience with the working of the Committee. The Conference, therefore, concurred with the recommendation of the Council that membership in the Committee should be opened on a trial basis for a period of four years.

348. The Conference adopted the following resolution:

Resolution 14/71

Change in the Structure of the Committee on Fisheries

THE CONFERENCE,

Recalling the recommendation made at its Fifteenth Session to the effect that the Council should contemplate the possibility of changing the character of the Committee on Fisheries, whose current membership consists of 34 Member Nations, by converting it into a committee open to all interested nations,

Having considered the recommendations made by the Council at its Fifth-Fifth Session with regard to the change in the structure of the Committee on Fisheries,

Decides that:

1. The Committee on Fisheries shall be open to all interested Member Nations for a trial period of four years, at the end of which the structure and composition of the Committee and the method of the appointment of its members shall be reviewed by the Conference.

2. The appointment of the members of the Committee shall be carried out in accordance with the following procedure:

(a) The members of the Committee on Fisheries provided for in paragraph 6 of Article V of the Constitution shall be appointed for a period of two years by the session of the Council immediately following the regular session of the Conference;

(b) The Committee shall be composed of those Member Nations which notify the Director-General in writing of their desire to be appointed as members of the Committee in view of their interest in the work of the Committee and their intention to participate actively, for a two-year period, in the efficient discharge of the Committee's mandate;

(c) The Director-General shall determine and communicate to all Member Nations the latest date by which such notifications shall be made and shall submit a list of such notifications to the Council not later than on the day set by the Council for the appointment of the members of the Committee.

3. Members of the Committee should, as far as possible, be represented by their most senior officers responsible for fisheries.

The provisions of paragraphs 1, 2 ant 3 of Rule XXX of the General Rules are hereby suspended in accordance with Rule XXXIX paragraph 1 of the General Rules of the Organization, for a period of four years.

(Adopted, 19 November 1971)

Functions and Term of Office of the Independent Chairman of the Council

349. The Conference recalled that, at its Fifteenth Session (November 1969), it had requested the Council to prepare appropriate amendments to the FAO Basic Texts regarding the functions and term of office of the independent Chairman of the Council for consideration at its Sixteenth Session, taking into account the views it had expressed regarding this matter. The recommendations made by the Council at its Fifty-Seventh Session (November 1971) were set out in Document C 71/LIM/19.

350. The Conference endorsed the conclusions reaches by the Council to the effect that no amendment to the Basic Texts were necessary with respect to the method of election of the Chairman of the Council; the concept of ''independence'' and the qualifications that the Chairman of the Council should possess; his functions during and between Council sessions; and the principle of rotation of the post between regions.

351. With respect to the duration of the term of office of the Chairman of the Council, the Conference considered a draft resolution submitted to it by the Council containing an amendment to Rule XXIII-1 of the General Rules of the Organization, whereby the two-year term of office of the Chairman of the Council provided for in the Rule would be non-renewable.

352. In the course of discussion a proposal was made that the Chairman of the Council should be appointed for a term of office of two years renewable for one further term.

353. A number of delegates were in favour of the draft resolution as submitted by the Council, considering that a limitation of two years on the term of office of the Chairman of the Council would in no way prevent him from fulfilling his functions efficiently and would accelerate the rotation of the post between Regions. It was pointed out that, since a person chosen to fill this post would be a person of already great experience, he would be able to discharge his duties effectively regardless of the length of his service.

354. On the other hand, a majority favoured the proposal that the two-year term of the Chairman of the Council be renewable for one further two-year term. These delegates stressed that the experience which the Chairman of the Council would gain if he remained in office for two periods of two years would enable him to exercise his duties more effectively. They considered that in any case a certain degree of flexibility was desirable, and were opposed to the adoption of a rigid provision which, at the end of two years, would exclude all possibility of continuity and would oblige the Conference to appoint a new Chairman, even if it were convinced that it would be in the best interest of the Organization to extend the term of office of the incumbent. It was also observed that the adoption of this more flexible solution would, of course, leave the Conference free to decide not to renew a Chairman's term of office, if it so wished. Some delegates also considered that the term of office of the Chairman of the Council should bear a closer relationship to that of the Director-General which, according to the amended text of Article VII of the Constitution, would be for six years non renewable.

355. The Conference agreed with the recommendation of the Council that the amendment to Rule XXIII.1 (GRO) would not apply to the Chairman of the Council appointed at the Fifteenth Session of the Conference.

356. The Conference adopted the following resolution:

Resolution 15/71

Functions and Term of Office of the Independent Chairman of the Council

THE CONFERENCE,

Recalling that at its Fifteenth Session it considered the functions of the independent Chairman of the Council, and that it requested the Council to prepare, for consideration at its Sixteenth Session, appropriate amendments to the Basic Texts taking into account the view expressed at the Conference,

Noting that this matter had been considered by the Council at its Fifty-Sixth Session, by the Committee on Constitutional and Legal Matters at its Twenty-Fifth Session and again by the Council at its Fifty-Seventh Session,
Decides to amend paragraph 1 of Rule XXIII of the General Rules of the Organization to read as follows:

RULE XXIII

CHAIRMAN OF THE COUNCIL

1. In pursuance of paragraph 2 of Article V of the Constitution the Chairman of the Council shall be appointed for two years the Conference shall appoint an independent Chairman of the Council under the following conditions

(a) The Chairman of the Council shall be appointed for a term of office of two years which shall be renewable for the same period after which it shall not be renewable.

(Sub-paragraphs (a) and (b) to become sub-paragraphs (b) and (c)).

Decides further that the above amendment to paragraph 1 of Rule XXIII shall not apply to the Chairman of the Council appointed by the Conference at its Fifteenth Session.

(Adopted, 24 November 1971)


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