56. The Council considered and adopted the Report of the Sixty-seventh Session of the CCLM.
57. The Council approved the recommendations of the CCLM and agreed to transmit the amendments to the IPPC, as modified by the CCLM (Appendix D), to the Conference for its consideration and approval.
58. The Council generally the recommendations of the CCLM that the proposed amendments would not involve new obligations, but noted that this was a decision that lay within the competence of the Conference. One member indicated that it would be discussing this issue contained in the report of the CCLM on this matter during the Conference.
59. One member expressed concerns regarding the wording of some of the provisions of the revised Convention, which it felt might be interpreted as limiting the rights of contracting Parties under other relevant international agreements, including the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). It proposed forming a Contact Group to work on modified wording for these provisions in order to clarify the matter. A large majority of members of the Council expressed their opposition to forming the Contact Group or to any reopening of the negotiations of the text which had been unanimously endorsed by the Council at its Hundred and Twelfth Session in June 1997, particularly in view of the fact that many delegations did not have their technical experts present.
60. The Council noted a proposal by the Legal Counsel that an explanatory statement might be prepared for consideration by the Conference at the time of approving the amendments to the IPPC which might clarify the provisions in question, but members made no commitment as to whether such explanatory statement might prove acceptable. The Legal Counsel undertook to make a first draft of a possible explanatory statement avilable to members before the end of the Council session.
61. The Council expressed its satisfaction with the work done on the revision of the Convention, which it considered to be a great improvement on the existing text. It stressed the great importance of ensuring that the revised text be approved by the Conference at its Twenty-ninth Session. The Council expressed the wish that the amendments should be brought into force as soon as possible and endorsed the interim measures including the establishment of an interim Commission on Phytosanitary Measures and its terms of reference and composition as modified by the CCLM (Appendix E).
62. The Council recommended that the following draft Resolution be transmitted to the Conference for its adoption:
Draft Resolution for the Conference
Amendments to the International Plant Protection Convention
Recalling its approval of the International Plant Protection Convention under Article XIV of the FAO Constitution at its Sixth Session in 1951, which Convention came into force on 3 April 1952,
Recalling its adoption of amendments to the Convention at its Twentieth Session in November 1979 by Resolution 14/79, which amendments came into force on 4 April 1991,
Being convinced of the continued need to protect plant life or health from the spread and introduction of pests,
Noting the agreements reached as a result of the Uruguay Round of Trade Negotiations and the references in the Agreement on the Application of Sanitary and Phytosanitary Measures to the International Plant Protection Convention and international standards guidelines and recommendations developed for connection therewith,
Taking into account the need for the development of International Phytosanitary Standards to protect plant health without creating unnecessary impediments to the international transportation of plants, plant products and other articles deemed to require phytosanitary measures,
Recalling the agreement reached at its Twenty-fifth Session in November 1989 on the necessity of establishing a Secretariat within FAO for the International Plant Protection Convention,
Recalling that at its Twenty-seventh Session in November 1993, as an interim measure, it agreed to authorize the Director-General to establish the Committee on Phytosanitary Measures under Article VI.2 of the Constitution, and to establish the procedure that could be followed for the setting of harmonized international standards and guidelines,
Having considered the work of the Expert Consultation on the Revision of the IPPC held in April 1996, the Technical Consultation on the Revision of the IPPC held in January 1997, the Fourteenth Session of the Committee on Agriculture in April 1997 and the Hundred and Twelfth Session of the Council in June 1997,
Taking note of the recommendations contained in the report of the African Expert Consultation on the IPPC held in June 1997,
Having examined the text of the draft amendments to the IPPC endorsed by the Council at its Hundred and Twelfth Session in June 1997,
Having considered the observations contained in the Report of the Sixty-seventh Session of the Committee on Constitutional and Legal Matters held in October 1997 and the Report of the Hundred and Thirteenth Session of Council,
Stressing that it is in the interest of the international community that the proposed amendments should enter into force without delay,
Noting that, in accordance with Article XII.4 of the Convention, the amendments will enter into force as from the thirtieth day after acceptance by two thirds of the contracting parties:
63. The Council reviewed the amendments to the Agreement establishing the General Fisheries Council for the Mediterranean (GFCM) adopted by the GFCM at its Twenty-second Session held froom 13 to 16 October 1997 (document CL 113/5-Sup.1) in the light of the recommendations of the CCLM on the proposed amendments as set out in CL 113/5.
64. The Council noted that the CCLM had found the proposed amendments to be in proper legal form. It approved the recommendation of the CCLM, as endorsed by the GFCM itself, that the first set of amendments the main purpose of which was to allow for FAO Member Organizations in the region to become Members of the GFCM, would not involve new obligations for the contracting parties to the GFCM Agreement. These amendments would thus come into force on their approval by the FAO Council.
65. The second set of amendments the main purpose of which was to allow the GFCM to have its own autonomous budget, would involve new obligations. The Council also accepted the interpretation recommended by the CCLM to the effect that the latter amendments should come into force only after their acceptance by two-thirds of the GFCM Members, and thereafter for each Member accepting them.
66. The amendments enabling the regional economic integration organizations to join were welcomed in particular by the EC which indicated its hope that it would be in a position to deposit its instrument of acceptance shortly.
67. The Council adopted the following Resolution approving the amendments:
Amendments to GFCM Agreement: Entry into Force
Recalling that the GFCM Agreement was originally adopted in 1949, and that the Agreement has been amended in 1963, and 1976;
Noting that the GFCM at its Twenty-second session in Rome, from 13 to 16 October, 1997, in compliance with the amendment process set out in Article X of the Agreement, adopted by consensus a number of amendments to the GFCM Agreement, the main purposes of which are to permit regional economic integration organizations that are members of FAO to become Members of GFCM (see Appendix G), and further adopted by consensus with one reservation amendments to provide for an autonomous budget for GFCM (see Appendix H);
Having considered the report of the Committee on Constitutional and Legal Matters at its Sixty-seventh Session, which considered the changes proposed to the Agreement and found them to be in proper legal form and in accordance with the Basic Texts of the Organization;
Noting that the report of CCLM found that the amendments set out in Appendix G would not involve new obligations and would accordingly come into force upon receiving the concurrence of the Council, and that the amendments set out in Appendix H would involve new obligations and would thus come into force with respect to each Member only on acceptance of it by that Member;
Having considered the statement of CCLM that "it was not clear in the present text of the GFCM Agreement whether the amendments involving new obligations would come into force for each Member on its acceptance thereof, or whether there would be a threshold of acceptance by two thirds of the Members before such amendments came into force" and that the CCLM "recommended the latter interpretation should be adopted, to avoid a situation whereby one accepting Member might find itself saddled with responsibility for the entire autonomous budget";
Noting further that this interpretation of the CCLM was adopted by the GFCM in the Report of its Twenty second Session:
Rome, 6 November 1997
68. The Council noted the recommendation of the CCLM that the proposed Cooperation Agreement was in conformity with Article XIII of the FAO Constitution and Conference Resolution No. 69/59: Guiding lines regarding relationship between FAO and Intergovernmental Organizations (Part N of the Basic Texts). It approved the Agreement in accordance with the General Rules of the Organization, and recommended that it be submitted to the Conference at its Twenty-ninth Session for confirmation.
69. The text of the Cooperation Agreement is attached as Appendix I.
70. The Council noted that the proposed amendments to the General Rules of the Organization and Financial Regulations were designed to implement the recommendation of the Joint Meeting of the Programme and Finance Committees to abolish the outline Programme of Work and Budget and to eliminate the Joint Meeting of those Committees required to be held in January of the Conference year to consider that outline. It also noted that further amendments to the Basic Texts of the Organization would be required at a subsequent stage, in the light of the outcome of the phased introduction and implementation of a new medium-term planning process on an experimental basis.
71. The Council also noted that the proposed amendments had been reviewed by the CCLM which found them to be in order from a legal point of view, and agreed to transmit the following draft Resolution to the Conference for adoption:
Draft Resolution for the Conference
Amendments to the Basic Texts on Abolition of the outline Programme of Work and Budget and the Joint Meeting of the Programme and Finance Committees early in the second year of the biennium
Recalling that the Council, at its Hundred and Twelfth Session in June 1997, requested, on the basis of the recommendations of the Programme and Finance Committees, that options for an adapted medium-term planning process of FAO's activities be examined,
Noting the recommendations of the Council, at its Hundred and Thirteenth Session in November 1997, based on the joint recommendation of the Programme and Finance Committees at their joint meeting of September 1997, that a new medium-term planning process should be introduced in a flexible and step-by-step manner and that, meanwhile, the Conference should authorize the phased implementation of the medium-term planning process on an experimental basis in the course of the 1998-99 biennium,
Noting the recommendation of the Council, at its Hundred and Thirteenth Session in November 1997, that the Basic Texts of the Organization should be amended immediately in order to abolish the outline Programme of Work and Budget and the Joint Meeting of the Programme and Finance Committee early in the second year of the biennium to consider that outline,
Realizing that these amendments would be without prejudice to the need for further amendments to be incorporated into the Basic Texts of the Organization, at a subsequent stage and in the light of the outcome of the implementation of a new medium-term planing process on an experimental basis,
Adopts the following amendments to the General Rules of the Organization (GRO) and the Financial Regulations (FR):
(a) Rule XXVI, paragraph 7(a)(ii) (GRO);
(b) Rule XXVIII, paragraph 4 (GRO).
(a) in the light of guidance given by the Conference and Council at its previous sessions and by regional and technical conferences, commissions or committees,
an Outline Programme of Work and Budget for consideration by the Programme and Finance Committees, anda summary Programme and Work and Budget for consideration by the Programme and Finance Committees, other appropriate organs of the Organization, and the Council; and ...."
"The Director-General shall arrange
for the outline budget to be considered by the Programme and Finance Committees early in the Conference year andfor the summary budget to be considered by the Council not less than 90 days before the date fixed for the opening of the regular session of the Conference".
72. The Council agreed to the proposed amendments to Financial Regulations 6.9 to 7.1, as approved by the Finance Committee at its Eighty-eighth Session in September 1997 and reviewed by the CCLM.
73. However, the Council took note of the CCLM decision to bring to the attention of the Council and the Conference for their consideration that, in the proposed amendments of Financial Regulation 6.9, the concept of "advertising", presently limited to the FAO Magazine, would be extended to all information products.
74. The Council recommended that the following draft Resolution be considered and adopted by the Conference, at its Twenty-ninth Session:
Draft Resolution for the Conference
Amendment to Financial Regulations 6.9 and 7.1 (Publications Revolving Fund)
Noting that the Finance Committee in its consideration of the Programme Evaluation Report at its Eighty-seventh Session invited the Secretariat to prepare detailed proposals for the reformulation of Financial Rule 6.9 to allow more flexible utilization of income from the sale of publication and other information materials,
Noting further that, in recent years, an increasing proportion of income to the Publications Revolving Fund came from sales of electronic publications, or electronic plus print, rather than from printed publications,
Considering that allowing some portion of the income generated through the publications activities to be credited to the originating departments would constitute an incentive to make publishing activities more cost effective,
Considering further that sufficient funds should be carried over, at the end of each financial period, to the next biennium, in order to allow forward planning of sales and marketing activities and continuity of staffing:
Decides to amend Financial Regulations 6.9 and 7.1 as follows:
FINANCIAL REGULATION 6.9 33
6.9 There shall be established an
Products Revolving Fund to which shall be credited the proceeds of sales of films
and publications including the proceeds of sales of the FAO Magazine and the revenue from
advertising in that Magazine information products and the revenue from
advertising in and sponsorship of such products, except that where extra-budgetary
funds are used to finance films or publications those information
products, the proceeds of sales may be credited to such funds. The Fund shall be used
only for the following purposes: (i) to meet the direct costs of reprinting
those publications and reissuing those films of the Organization reproducing
those information products for the sale of which there is a demand or producing new
information products; (ii) to promote pay, within a
maximum amount determined by the Conference, the sale of films and publications of the
Organization from within the resources available to the Fund, the direct
costs, including costs of human resources and equipment, not covered by the Programme of
Work and Budget, required for the sale and marketing of all such information products;
and (iii) to promote, within the maximum amount determined by the Conference, the
development of the FAO Magazine to credit the originating divisions with such
proportion of the proceeds credited to the Fund, up to 20% thereof, as may be determined
by the Director-General, to be utilized within the biennium in which it is credited.
Any balance at the end of each financial period in excess of $10,000 as shown in
the Audited Accounts of the Fund such sums as may be approved by the Finance
Committee to cover commitments in respect of expenditures proposed by the Director-General
for the following biennium shall be transferred to Miscellaneous Income of the
financial period during which the audit is completed.
FINANCIAL REGULATION 7.1
7.1 Contributions from Associate Members and all receipts other than:
(a) contributions from Member Nations to the budget;
(b) direct refunds of expenditures made during the financial period;
(c) advances by Member Nations to the Working Capital Fund or deposits to Trust and Special Funds and other receipts directly related to those funds; and
(d) proceeds of sales of
publications and films; andinformation products and the revenue from advertising in and sponsorship of such products
revenue from advertising in the FAO Magazine
shall be classed as Miscellaneous Income, for credit to the General Fund. Interest or other income derived from any Trust or Special Fund accepted by the Organization shall be credited to the fund to which it relates, unless provided for otherwise by the terms of the applicable Trust or Special Fund agreement.
75. The Council noted that, subject to one minor modification, the CCLM had concluded that the proposed amendments to the Constitution and to the Financial Regulations were acceptable from a legal point of view and had recommended their approval.
76. Accordingly, the Council approved the amendments to the Constitution of the European Commission for the Control of Foot-and-Mouth Disease with the modification suggested by the CCLM, and confirmed the amendments to its Financial Regulations, as set out in Appendix J.
77. In accordance with paragraphs B-1 and B-2 of the "Statement of Principles relating to the Granting of Observer Status to Nations"36, the Council agreed that:
78. The Council was also informed that since its Hundred and Twelfth Session, the Director-General, upon request, had extended an invitation to the Russian Federation to attend as an observer the Twenty-second Session of the General Fisheries Council for the Mediterranean (GFCM), Rome, 13-16 October 1997 (FI-716).
79. The Council decided that its Hundred and Fourteenth Session would be convened on 19 November 1997 at FAO Headquarters.
27 CL 113/5 paras 2-31, CL 113/PV/4; CL 113/PV/5.
28 CL 113/5 paras 32-37; CL 113/5-Sup.1; CL 113/PV/4; CL 113/PV/5.
29 CL 113/5 para 38; CL 113/PV/4; CL 113/PV/5.
30 CL 113/5 paras 46-47; CL 113/PV/4; CL 113/PV/5.
31 Words struck out to be deleted.
32 CL 113/5 paras 43-45; CL 113/PV/4; CL 113/PV/5.
33 Text indicated as struck out is deleted. Text shown as underlined is new text to be inserted.
34 CL 113/5 paras 39-42; CL 113/PV/4; CL 113/PV/5.
35 CL 113/LIM/2; CL 113/PV/1; CL 113/PV/5.
36 See FAO Basic Texts, Volume II, Section L (Appendix)
37 C 97/12; CL 113/PV/4; CL 113/PV/5.
1. Adoption of the Agenda and Timetable
2. Election of three Vice-Chairmen, and Designation of the Chairman and Members of the Drafting Committee
3. Preparations for the Twenty-ninth Session of the FAO Conference, including:
3.1 Nominations of the Chairman of the Conference, and of the Chairmen of the Commissions of the Conference
(Recommendations to the Conference)
3.2 Election of the Nominations Committee
4. Report of the CCP Consultative Sub-Committee on Surplus Disposal (CSSD) (Relayed to the Council at the Request of the CCP)
5. Negotiation of a Legally Binding Instrument on Prior Informed Consent (PIC)
6. Desert Locust Situation: Measures Taken and Further Action Required
7. Programme Against African Trypanosomiasis
8. Programme of Work and Budget 1998-1999
9. Report of the Joint Meeting of the Programme Committee and the Finance Committee (Rome, September 1997)
9.1 Programme Budget and Medium Term Planning Process 9.2 Savings and Efficiencies in Governance: Review of FAO Statutory Bodies 9.3 Other Matters Arising Out of the Report
10. Report of the Seventy-eighth Session of the Programme Committee (Rome, September 1997)
11. Report of the Eighty-eighth Session of the Finance Committee (Rome, September 1997)
11.1 Financial Position of the Organization 11.2 Update on the UN Scale of Assessments re. Scale of FAO Contributions 1998-99 11.3 Incentive Scheme to Encourage Prompt Payment of Contributions 11.4 Appointment of the External Auditor 11.5 Harmonization of Support Costs for TCP and SPFS (Special Programme for Food Security) 11.6 Other Matters Arising Out of the Report
12. Report of the Sixty-seventh Session of the Committee on Constitutional and Legal Matters (Rome, October 1997)
12.1 Amendments to the International Plant Protection Convention (IPPC) 12.2 Amendments to the Agreement for the Establishment of the General Fisheries Council for the Mediterranean 12.3 Cooperation Agreement between FAO and the Centre for Marketing Information and Advisory Services for Fishery Products in the Arab Region (INFOSAMAK) 12.4 Amendments to the General Rules of the Organization and Financial Regulations on the Programme Budget Process 12.5 Amendments to Financial Regulations 6.9 and 7.1 12.6 Amendments to the Constitution of the European Commission for the Control of Foot-and-Mouth Disease. 12.7 Other Matters Arising Out of the Report
13. Other Constitutional and Legal Matters
13.1 Invitations to Non-Member Nations to Attend FAO Sessions
14. Date and Place of the Hundred and Fourteenth Session of the Council
15. Any Other Matters