I. INTRODUCTION

1.     Under the provisions of Article XIV of the FAO Constitution, the Conference may "...approve and submit to Member Nations conventions or agreements concerning questions relating to food and agriculture" and the Council may "...approve and submit to Member Nations agreements concerning questions relating to food and agriculture which are of particular interest to Member Nations of geographical areas specified in such agreements...". In addition, the Council may approve and submit to Member Nations supplementary conventions or agreements designed to implement any convention or agreement which has come into force under the provisions referred to above.

2.     Paragraph 5 of Rule XXI of the General Rules of the Organization, provides that "The Director-General shall report to the Conference whenever a convention, agreement, supplementary convention or agreement has, in accordance with its terms, come into force or ceased to be in force, or has been amended and the amendments come into force." The present document is being submitted in accordance with this requirement and reflects the status of conventions and agreements as of 31 August 1999.

3.     In accordance with established practice, the Director-General is also reporting to the Conference on the status of: (1) conventions and agreements concluded outside the framework of FAO in respect of which the Director-General exercises depositary functions, and (2) the Convention on the Privileges and Immunities of the Specialized Agencies, the depositary of which is the Secretary-General of the United Nations.

4.     The status of each convention and agreement shown in the present document is based on formal instruments and official notifications received by the Director-General. In a number of cases where treaties had either been explicitly extended, or were otherwise considered applicable to territories which have acceded to independence and become Member Nations of FAO, the Director-General has addressed communications to the States concerned with a view to ascertaining whether they considered themselves parties to the treaties in question. The data given in the present document will be updated in the light of the replies that may be received in response to these enquiries.

5.     The conventions and agreements concluded under Article XIV of the FAO Constitution, as well as those treaties concluded outside the framework of FAO in respect of which the Director-General exercises depositary functions, are listed hereinafter in chronological order according to the dates on which they were concluded. In respect of each convention and agreement, the participants, in whose name the relevant action was effected (e.g. signature and deposit of an instrument of ratification, approval, accession, adherence or acceptance), appear in alphabetical order; the date underlined on the list is the date of receipt of the instrument which brought the treaty into force.

6.     Part IV of this document sets out the status of the Convention on the Privileges and Immunities of the Specialized Agencies.

II. CONVENTIONS AND AGREEMENTS CONCLUDED UNDER ARTICLE XIV OF THE FAO CONSTITUTION

1. AGREEMENT FOR THE ESTABLISHMENT OF THE ASIA-PACIFIC FISHERY COMMISSION¹

7.     In pursuance of a recommendation of the FAO Conference at its Third Session (1947), an Agreement for the Establishment of the Indo-Pacific Fisheries Council (IPFC), was drawn up by the Governments concerned at Baguio in February 1948 and subsequently approved by the FAO Conference at its Fourth Session (November 1948).

8.     The Agreement, in accordance with Article IX (now XI) thereof, came into force on 9 November 1948, date of receipt of the fifth instrument of acceptance. The Agreement was registered with the Secretariat of the United Nations on 28 January 1952 under No. 1615.

9.    Amendments were approved by the FAO Conference at its Eleventh Session (November 1961). At its Seventeenth Session (1976), the IPFC reviewed the Agreement of 1948, by which it had been established, and adopted a series of amendments thereto which were approved by the FAO Council at its Seventy-second Session (November 1977). The amendments referred to in this paragraph entered into force for all the parties to the Agreement.

10.    Amendments proposed by the Commission were approved by the FAO Council at its Hundred and Seventh Session (November 1994). They took effect immediately. The amendments consisted principally in the change of name of the Commission to read "Asia-Pacific Fishery Commission (APFIC)".

11.    Amendments adopted by the Commission at its Twenty-fifth Session in October 1996 were approved by the FAO Council at its Hundred and Twelfth Session in June 1997. They took effect immediately. The scope of the amendments was to reinforce and update the terms of reference of the Commission.

Parties to the Agreement

12.     The following participants deposited their instruments of acceptance on the corresponding date indicated:

2. CONSTITUTION OF THE INTERNATIONAL RICE COMMISSION

13.     The Constitution of the International Rice Commission (IRC), which was approved in principle by the FAO Council in April 1948, was formally approved by the FAO Conference at its Fourth Session (November 1948).

14.     In accordance with Article IX (now XIV), the Constitution of the Commission came into force on 4 January 1949. The Constitution of the IRC was registered with the Secretariat of the United Nations on 24 January 1952 under No. 1613.

15.    Amendments were approved by the Conference at its Eleventh Session (1961). At a Special Session (November 1973), the IRC adopted further amendments to its Constitution, which were approved by the FAO Council at its Sixty-second Session (November 1973). The amendments referred to in this paragraph entered into force for all the parties to the Constitution.

Parties to the Constitution

16.     The following participants deposited their instruments of acceptance on the corresponding date indicated:

3. AGREEMENT FOR THE ESTABLISHMENT OF A GENERAL FISHERIES COMMISSION FOR THE MEDITERRANEAN

17.     The Agreement for the Establishment of a General Fisheries Commission for the Mediterranean (GFCM) was approved by the FAO Conference at its Fifth Session (November 1949).

18.     In accordance with Article IX (now XII), the Agreement came into force on 20 February 1952, date of receipt of the fifth instrument of acceptance. The Agreement was registered with the Secretariat of the United Nations on 5 April 1952 under No. 1691.

19.    Amendments were approved by the Twelfth Session of the Conference (1963). At its Thirteenth Session (July 1976), the GFCM adopted further amendments to the Agreement. The amendments to the Agreement were approved by the Seventieth Session of the FAO Council (December 1976). The amendments referred to in this paragraph entered into force for all the parties to the Agreement.

Parties to the Agreement

20.     The following participants deposited their instruments of acceptance on the corresponding date indicated:

"The People's Republic of Bulgaria will not consider itself bound by the decisions of the International Court of Justice with respect to disputes referred to the latter, in accordance with Article XIII of the Agreement, without the consent of the Government of the People's Republic of Bulgaria being given with regard to the specific dispute." ⁶

22.     At its Twenty-second Session held in Rome from 13 to 16 October 1997, the GFCM adopted two sets of amendments which were approved by the FAO Council at its Hundred and Thirteenth Session (4-6 November 1997). The first set of amendments concerned changes, inter alia, to allow for regional economic integration organizations that are Members of FAO to become members of the General Fisheries Council for the Mediterranean and to change the name of GFCM into "General Fisheries Commission for the Mediterranean". These amendments came into force upon the concurrence of the FAO Council and do not need any further procedure for acceptance. The second set of amendments which provide for new obligations for the Contracting Parties require formal acceptance from the Parties. Such amendments will come into force only on their acceptance by two-thirds of the members of the Commission and thereafter for each Member on its acceptance thereof.

23.     The following participants deposited their instruments of acceptance on the corresponding date indicated:

 

4. INTERNATIONAL PLANT PROTECTION CONVENTION

24.     The FAO Conference, at its Sixth Session (November 1951) approved the International Plant Protection Convention for submission to Governments for acceptance.

25.     In accordance with Article XII, all States could have signed the Convention, subject to ratification, until 1 May 1952. The Convention has been open for adherence by non-signatory States since its entry into force.

26.     In accordance with Article XIV, the Convention came into force on 3 April 1952, upon ratification by three signatory governments. The Convention was registered with the Secretariat of the United Nations on 29 November 1952 under No. 1963.

Parties to the Convention

27. The following are the participants that deposited their instruments on the corresponding date indicated:

28.     The FAO Conference at its Twentieth Session (November 1979) approved a revised text of the Convention, which incorporated amendments, proposed at a Government Consultation held in Rome in November 1976, with modifications subsequently recommended by the FAO Committee on Agriculture, at its Fifth Session in April 1979, on the proposal of an Ad Hoc Consultative Group.

29.     In accordance with Article XIII, paragraph 4 of the Convention, the revised text came into force with respect to all contracting parties as from the thirtieth day after acceptance by two-thirds of the contracting parties, i.e. 4 April 1991.

30.     The following participants deposited their instruments of acceptance of the amendments on the corresponding date indicated:

"(a) The cabinet of the Socialist Republic of Romania considers the continued status of dependence of certain territories referred to in the provisions of Article XI of the Convention incompatible with the Charter of the United Nations or other instruments adopted by the United Nations on the granting of independence to colonial countries and peoples, including the Declaration on Principles of International Law concerning Friendly Relations and cooperation among States in accordance with the Charter of the United Nations, unanimously adopted by Resolution 2625 (XXV) of 24 October 1970 of the General Assembly of the United Nations which solemnly proclaims that 'every State has the duty to promote realization of the principle of equal rights and self-determination of peoples' in order to put an end to colonialism quickly.

(b) The Government of the Socialist Republic of Romania considers the accession of the 'Republic of Korea' to the International Plant Protection Convention concluded in Rome on 6 December 1951 illegal because the authorities of South Korea cannot under any circumstances act in the name of Korea."

32.    The FAO Conference at its Twenty-ninth Session (November 1997) approved wide-ranging  amendments to the Convention. The amendments were based on the recommendations of an Expert Consultation held in April 1996, as reviewed and further elaborated by a Technical Consultation on the Revision of the IPPC held in January 1997, the Fourteenth Session of the Committee on Agriculture in April 1997, the FAO Council at its Hundred and Twelfth Session in June 1997 and its Hundred and Thirteenth Session in November 1997. In accordance with Article XIII, paragraph 4 of the Convention, the new text will come into force with respect to all Contracting Parties as from the thirtieth day after acceptance by two-thirds of the contracting parties.

33.     The following participants deposited their instruments of acceptance of the amendments on the corresponding date indicated:

5. CONSTITUTION OF THE EUROPEAN COMMISSION FOR THE CONTROL OF FOOT-AND-MOUTH DISEASE

34.     The FAO Conference, at its Seventh Session (December 1953) approved the Constitution of the European Commission for the Control of Foot-and-Mouth Disease for submission to FAO Member Nations for acceptance.

35.     In accordance with paragraph 1, Article XIV, the Constitution came into force on 12 June 1954. The Constitution of the Commission was registered with the Secretariat of the United Nations on 21 June 1954 under No. 2588.

36.    Amendments were approved by the FAO Council at its Thirty-ninth Session (October 1962). At its Twentieth Session (April 1973), the Commission adopted further amendments to its Constitution, which were endorsed by the Council at its Sixty-first Session (November 1973). Subsequently, at its Twenty-second Session (March/April 1977), the Commission adopted further amendments to its Constitution which were approved by the FAO Council at its Seventy-second Session (November 1977). The amendments referred to in this paragraph entered into force for all the parties to the Constitution.

37.     At its Twenty-eight Session, held in Rome in May 1989, the European Commission for the Control of Foot-and-Mouth Disease adopted an amendment to paragraph 1 of Article I of its Constitution. The purpose of the amendment was to enlarge the criteria for membership in the Commission. The amendment was considered by the Council of FAO at its Ninety-sixth Session (6-10 November 1989) and was approved by Resolution 2/96. In accordance with Article XIV, paragraph 5 of the Constitution of the European Commission for the Control of Foot-and-Mouth Disease, this amendment took effect on the date of the decision of the Council, i.e. on 10 November 1989.

38.     At its Thirty-second Session (April 1997) the Commission adopted further amendments to the Constitution. The amendments were endorsed by the FAO Council at its Hundred and Thirteenth Session (November 1997) and entered into force immediately.

Parties to the Constitution

39.     The following participants deposited their instruments of acceptance on the corresponding date indicated:

Germany, Federal Republic of
(Declaration made upon acceptance):

The Federal Republic of Germany declared that the Constitution of the European Commission for the Control of Foot-and-Mouth Disease "... shall also apply to Berlin (West) with effect from the date on which it enters into force for the Federal Republic of Germany."

41.     The FAO Council at its Twenty-third Session (November 1955) approved the Plant Protection Agreement for the Asia and Pacific Region (formerly Plant Protection Agreement for the South-East Asia and Pacific Region) for submission to Governments for its acceptance.

42.     In accordance with paragraph 1, Article XI, the Agreement entered into force on 2 July 1956. The Agreement was registered with the Secretariat of the United Nations on 20 July 1956 under No. 1963.

Parties to the Agreement

43. The following are the participants that signed definitively or deposited their instruments of ratification or adherence on the corresponding date indicated:

44.     The Plant Protection Committee for the South-East Asia and Pacific Region, established under the Agreement, proposed at its Sixth Session the extension of the geographical scope of the Region by way of an amendment to paragraph (a), Article I of the Agreement. This amendment was subsequently approved by the Forty-ninth Session of the FAO Council (November 1967) and came into force with respect to all Contracting Governments on 16 August 1969, i.e. the thirtieth day following acceptance by two-thirds of the Contracting Governments.

45.     The following participants deposited their instruments of acceptance of the amendment on the corresponding date indicated:

Pakistan
(Declaration made upon acceptance of the amendment to paragraph (a), Article I, of the Agreement (November 1967)):

"The Government of Pakistan regards Taiwan as an integral part of the People's Republic of China and as such, the Government of that State alone is competent to accede to the Plant Protection Agreement for the South-East Asia and Pacific Region in respect of its territory, including Taiwan."

47.     At its Eleventh Session (September 1978), the Committee proposed certain amendments to the Agreement, which were approved by the FAO Council at its Seventy-fifth Session (June 1979). The amendments consisted in the deletion of the words "South East" in the title of the Agreement and of the change of the name of the Committee to read "Asia and Pacific Plant Protection Commission". In accordance with paragraph 4, Article IX of the Agreement, the amendments came into force with respect to all Contracting Governments on 16 February 1983, i.e. the thirtieth day following acceptance by two-thirds of the Contracting Governments.

48.     The following participants deposited their instruments of acceptance of the amendments on the corresponding date indicated:

49.     At its Thirteenth Session (April 1983), the Asia and Pacific Plant Protection Commission established under the Agreement, proposed that paragraph (a), Article I of the Agreement be amended to include the People's Republic of China in the definition of the Region and requested the Director-General to take the necessary action with a view to the aforementioned provision being amended.

50.     In keeping with paragraph 2, Article IX of the Agreement, an amendment to paragraph (a), Article I was submitted to the FAO Council for approval. The Council, at its Eighty-fourth Session (November 1983), approved the proposed amendment.

51.     In accordance with paragraph 4, Article IX of the Agreement, the amendment came into force with respect to all Contracting Governments as from the thirtieth day after acceptance by two-thirds of the Contracting Governments, i.e. on 23 May 1990.

52.     The following participants deposited their instruments of acceptance of the amendments on the corresponding date indicated:

53.     In addition, at its Thirteenth Session, the Asia and Pacific Plant Protection Commission proposed certain amendments to Articles II, III, IV and XIV to the Agreement. The purpose of these amendments was to introduce mandatory contributions for the Contracting Governments in order to finance the programme of activities of the Commission.

54.     In accordance with paragraph 2, Article IX of the Agreement, these amendments were submitted to the FAO Council for approval. The Council, at its Eighty-fourth Session (November 1983), approved the aforesaid amendments.

55.     As these amendments entail new obligations, they will enter into force with respect to each Contracting Government only on acceptance by it and as from the thirtieth day after such acceptance, in accordance with paragraph 4, Article IX of the Agreement.

56.     The following participants deposited their instruments of acceptance of the amendments on the corresponding date indicated:

7. CONVENTION PLACING THE INTERNATIONAL POPLAR COMMISSION WITHIN THE FRAMEWORK OF FAO

57.     The FAO Conference at its Tenth Session (November 1959) approved the Convention placing the International Poplar Commission within the Framework of FAO for submission to Member Nations for its acceptance.

58.     In accordance with its paragraph 1, Article XVIII, the Convention came into force on 26 September 1961, the date of receipt of the twelfth instrument of acceptance. The Convention was registered with the Secretariat of the United Nations on 9 October 1961 under No. 5902.

59.     The International Poplar Commission at its Second Special Session (October 1967), adopted an amendment to Article IV of the Convention, which was approved by the FAO Conference at its Fourteenth Session (November 1967). At its Third Special Session (November 1977), the Commission adopted further amendments to the Convention which were approved by the FAO Conference at its Nineteenth Session (November/December 1977). The amendments referred to in this paragraph entered into force for all the parties to the Convention.

Parties to the Convention

60.     The following participants deposited their instruments of acceptance on the corresponding date indicated:

61.    Declarations, Reservations and Objections

Germany, Federal Republic of
(Declaration notified to the Organization on 29 February 1968 under the signature of the Ambassador):

"I have the honour to refer to... the deposit of the instrument of acceptance of the Convention of 15 May 1961 placing the International Poplar Commission within the framework of the Food and Agriculture Organization of the United Nations. I am instructed by my Government to inform you that... the Convention placing the International Poplar Commission within the framework of the Food and Agriculture Organization also apply to Land Berlin."

Bulgaria
(Objection notified to the Organization on 26 July 1968 regarding the above-mentioned declaration by the Federal Republic of Germany):

"... that West Berlin as a political entity has never been part, and is not now part, of the Federal Republic of Germany; hence the letter of His Excellency, the Ambassador of the Federal Republic of Germany is inadmissible and should not have been communicated to the Member Nations of FAO."

"... The People's Republic of Bulgaria in this connection expressed its surprise that FAO agreed to circulate among its Member Nations a document of this nature expressing the point of view of the Federal Republic of Germany which does not take into account the territorial and political realities of Europe."

(Reservation made upon acceptance):

"The relations of Berlin with authorities abroad are, and remain, reserved to the Allied Kommandatura as the supreme authority in Berlin. In paragraph III(c) of the Declaration on Berlin of May 5, 1955, however, which accords with instruments that previously entered into force, such as the Declaration referred to in the Allied Kommandatura's letter of May 21, 1952, the Allied Kommandatura has authorized the Berlin authorities to assure the representation abroad of the interests of Berlin and its inhabitants under suitable arrangements.

The arrangements made in accordance with the foregoing permit the Federal Republic of Germany to extend to Berlin the international agreements which the Federal Republic concludes provided that certain conditions are observed. Under these conditions the final decision in every case on the extension of the international agreement to Berlin is left to the Allied Kommandatura. In addition, internal Berlin action is required to make any such international agreement applicable as domestic law in Berlin.

It is clear that this procedure, which accords with the special status of the city, safeguards entirely the rights and responsibilities of the Allied Kommandatura and, through it, those of the Allied Powers, who remain in any event competent to decide on the extension to Berlin of the international agreements concluded by the Federal Republic of Germany."

8. AGREEMENT FOR THE ESTABLISHMENT OF A COMMISSION FOR CONTROLLING THE DESERT LOCUST IN THE EASTERN REGION OF ITS DISTRIBUTION AREA IN SOUTH-WEST ASIA

62.     A special FAO meeting of Member Nations directly affected by the desert locust in the Eastern Region of its distribution area in South-West Asia, held in Teheran in October 1962, recommended that a regional commission for the control of the desert locust should be established for the region. This recommendation was confirmed by a second meeting of the Member Nations directly concerned (May 1963) and by the FAO Desert Locust Control Committee at its Eighth Session in May 1963.

63.     A draft Agreement was considered by the FAO Council at its Fortieth and Forty-first Sessions and approved by the Conference at its Twelfth Session (December 1963) for submission to Member Nations for its acceptance.

64.     In accordance with paragraph 1, Article XX, the Agreement entered into force on 15 December 1964, the date of receipt of the third instrument of acceptance. The Agreement was registered with the Secretariat of the United Nations on 2 April 1965 under No. 7663.

65.     At its Twelfth Session (March 1977), the Commission adopted amendments to the Agreement which were approved by the FAO Council at its Seventy-second Session (November 1977). These amendments entered into force for all the parties to the Agreement.

Parties to the Agreement

66.     The following participants deposited their instruments of acceptance on the corresponding date indicated:

9. AGREEMENT FOR THE ESTABLISHMENT OF A COMMISSION FOR CONTROLLING THE DESERT LOCUST IN THE CENTRAL REGION

67.     The Eleventh Session of the Conference (November 1961), by Resolution 9/61, requested the Director-General to examine the steps which would be necessary to set up an international locust commission for that region.

68.     In pursuance of the above-mentioned Resolution and action on the recommendation of FAO committees concerned with desert locust control in the Near East, the Director-General convened a meeting in Beirut in March 1965. This meeting considered and approved a draft agreement for the establishment of a commission for controlling the desert locust in the Near East. The Agreement was approved by the FAO Council at its Forty-fourth Session (July 1965) and submitted to Member Nations for acceptance.

69.     In accordance with paragraph 1, Article XIX, the Agreement entered into force on 21 February 1967, date of receipt of the third instrument of acceptance. The Agreement was registered with the Secretariat of the United Nations on 17 March 1967 under No. 8575.

70. At its Seventh Session (October 1976), the Commission adopted amendments to the Agreement which were approved by the Seventy-second Session of the Council (November 1977). These amendments entered into force for all the parties to the Agreement.

71.     At its Twentieth Session (December 1994), the Commission adopted further amendments to the Agreement which were approved by the FAO Council at its Hundred and Eighth Session (June 1995). These amendments entered into force for all the parties to the Agreement.

Parties to the Agreement

72.     The following participants deposited their instruments of acceptance on the corresponding date indicated:

73.     Declarations and Reservations

"(1) With regard to the provision of Article XV of the Agreement, the Government of the Kingdom of Saudi Arabia wishes to reserve the right to specify, as cases may arise, areas to be excluded from activities.

(2) That the seat of the proposed Regional Body for Controlling the Desert Locust be established in a country other than the Kingdom.

(3) That acceptance by the Kingdom of this Agreement will not make it mandatory to establish a specialized full-time agency for locust control.

(4) The Kingdom proposes that Arabic be regarded as one of the official languages of the Agreement, and the language of correspondence between the Commission and FAO.

(5) That the question of establishing reserve warehouses in Jedda (to store pesticides and equipment necessary for locust control activities, in order to provide aid, in cases of emergency, to member countries prone to locust invasion) be postponed until the Kingdom becomes a member of the Commission."

10. AGREEMENT FOR THE ESTABLISHMENT OF A COMMISSION FOR CONTROLLING THE DESERT LOCUST IN NORTH-WEST AFRICA

74.     At the request of interested Member Nations in North-West Africa, a draft agreement for the establishment of a commission for controlling the desert locust in that area, within the framework of FAO, was prepared by the Organization. The Agreement was reviewed in March 1970 by the FAO North-West African Desert Locust Research and Control Coordination Sub-Committee. The Agreement was a