261. At its Sixteenth Session the Conference, following a recommendation of the Resolutions Committee endorsed by the General Committee, decided that the criteria for the formulation of Conference resolutions should be reviewed by the Council 1. Accordingly, the Council, at its Sixtieth Session,
“requested the CCLM to review these criteria [and] to propose any amendments or additions, if required, to a future Council session. The Council stressed that Member Nations would need to be informed well ahead of time of any proposed changes in these criteria 2”.
262. The CCLM recalled that it had considered matters relating to Conference resolutions and functions of the Resolutions Committee at two earlier sessions in 1971 and 1973. It found that the determination of questions relating to the criteria for resolutions was closely linked to the terms of reference and methods of operation of the Resolutions Committee, and that, for both practical and legal reasons, it should examine all these aspects in the same context.
263. The Council noted that the CCLM, at its Thirtieth Session, had made a careful analysis of the criteria to be applied for the formulation of Conference resolutions and of the functions and operating procedures of the Resolutions Committee. 3 The Council devoted particular attention to the draft provisions set forth in Appendix B to the CCLM report, which were intended to replace the document which had previously served as a guide for dealing with Conference resolutions 4.
264. Several members expressed some concern that the additional criteria might lead to an increase in the number of resolutions; they felt, in particular, that the proposed item (vi), “Major programme and policy matters”, unless suitably qualified, might encourage the submission of resolutions on matters which were either not concerned with food and agriculture or which could conveniently be dealt with by incorporation in the narrative part of the Conference report. Most Members who spoke on this subject were, however, in favour of maintaining the criteria as proposed by the CCLM, bearing in mind that major programme and policy matters had also in the past been dealt with by resolutions, that one of the functions of the Resolutions Committee was in fact to keep the number of resolutions to a minimum, and that provision was made in the Operating Procedures for the incorporation in the narrative part of the report of the substance of draft resolutions that did not meet the criteria.
265. With respect to the Operating Procedures of the Resolutions Committee, reservations were expressed as to the provision whereby meetings of the Committee were to be convened “in consultation with the Conference Secretariat”. The Council decided to delete this phrase, on the understanding that the Secretariat would be consulted, as a matter of course, on the availability of the necessary facilities for holding a meeting, before determining the date and place of meetings.
266. The Council suggested that the criteria for Conference resolutions should also apply, mutatis mutandis, to recommendations of Regional Conferences.
267. The Council decided to recommend to the Conference the approval of the draft guidelines proposed by the CCLM, as amended, which are given in Appendix J to this Report.
1 C 71/REP para. 19.
2 CL 60/REP paras 188–189.
3 CL 66/5 paras 27–39.
4 C 73/11 - Sup. 1, reproduced as Appendix A to CL 66/5. See also para. 152 above.
268. The Council recalled that at its Sixty-Fourth Session (November 1974), it had endorsed the recommendation of the Committee on Agriculture (COAG) that its terms of reference as set forth in Rule XXXII-5 GRO be expanded to enable it to:
advise the Council on the overall medium and longer-term programme of work of the Organization in the field of food and agriculture, and
review the programmes of work of the Agriculture and the Economic and Social Policy Departments, and their implementation, to the extent that they concerned matters falling within the competence of COAG.
It had also endorsed COAG's recommendation that if such expanded terms of reference were approved, the timing of its sessions which, pursuant to Rule XXXII-3 GRO were to be held “preferably … early in the non-Conference years”, be changed, so that future sessions of COAG would be held in Conference years. Accordingly, the Council had requested the CCLM to draft amendments to paragraphs 3 and 5 of Rule XXXII GRO for consideration at its Sixty-Sixth Session, with a view to their subsequent adoption by the Conference.
269. The Council had before it amendments to paragraphs 3 and 5 of Rule XXXII drafted by the CCLM at its Thirtieth Session (May 1975). The Council endorsed these amendments and recommended the following draft resolution for adoption by the Conference: 2
DRAFT RESOLUTION FOR THE CONFERENCE
AMENDMENTS TO RULE XXXII OF THE GENERAL RULES OF THE ORGANIZATION (GRO)
THE CONFERENCE,
Considering that upon request of the Sixtieth Session of the Council (June 1973) the Committee on Agriculture (COAG) reviewed and assessed the experience gained during its First and Second Sessions with a view to examining its terms of reference and methods of work,
Considering further that COAG, after examining this question, recommended that its terms of reference be expanded to enable it to advise the Council on the overall medium and long-term programmes of work of the Organization in the field of food and agriculture and also to review the programmes of work of the Agriculture and the Economic and Social Policy Departments and their implementation on matters falling within its competence,
Noting that the Council, at its Sixty-Fourth Session (November 1974), endorsed COAG's recommendation and requested the Committee on Constitutional and Legal Matters (CCLM) to draft the necessary amendments to paragraph 5 of Rule XXXII GRO,
Noting further that the Council also requested the CCLM to draft an appropriate amendment to paragraph 3 of Rule XXXII GRO in order to reflect the change in the timing of the sessions as recommended by COAG,
Having examined the draft amendments to paragraphs 3 and 5 of Rule XXXII GRO prepared by the CCLM and endorsed by the Council;
1 CL 66/5, CL 66/PV/17.
2 Two Members reserved the position of their Governments.
1. Decides to amend Article XXXII, paragraphs 3 and 5, of the General Rules of the Organization as follows: 1
“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.”]
“Sessions of the Committee shall normally be held once in each biennium, preferably early in Conference years. Sessions shall be convened by the Director-General in consultation with the Chairman of the Committee taking into account any proposals made by the Committee”
5. (a) ..........
(b) advise the Council on the overall medium and longer-term programme of work of the Organization in [selected fields of] the field of food and 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, with similar emphasis, the biennial programmes of work of the Organization and their implementation in areas falling within the competence of the Committee;
[(c)] (d) ..........
[(d)] (e) ..........”
270. The Council noted that when considering the amendment to paragraph 3 of Rule XXXII regarding the timing of sessions of COAG, the CCLM had found that there appeared to be a contradiction between the first sentence of that paragraph which provided that the Committee shall determine the date and place of its sessions, and the second sentence which provided for the convening of sessions by the Director-General in consultation with the Chairman of the Committee. This contradiction had been eliminated in the amendment to paragraph 3 of Rule XXXII proposed by the CCLM and the Council endorsed 2 the CCLM's recommendation that, in the interests of consistency, the corresponding provisions relating to other standing committees of the Council contained in Rule XXIX-4 (CCP), XXX-4 (COFI) and XXXI-3 (COFO) be likewise amended.
271. The Council observed that, following the adoption by the Conference of the proposed amendments to the General Rules of the Organization, the Committees concerned would have to amend their rules of procedure to bring them into line with the General Rules of the Organization.
272. The Council noted that the CCLM had considered the question whether confirmation by the Conference or Council of the Rules of Procedure of bodies established under Article VI or Article XIV of the Constitution, after such rules had been approved by the Director-General, might not constitute an unnecessary procedural complication and a source of delay. Confirmation by the Conference or Council was provided for in Article VI-3 of the Constitution with respect to bodies established under Article VI of the Constitution, and in the Principles adopted by the Conference applicable to commissions and committees established by conventions or agreements under Article XIV of the Constitution 4.
1 Deletions in square brackets [ ], additions underlined.
2 Two Members reserved the position of their governments on paras 270 and 271
3 CL 66/5. Two Members reserved the position of their governments on this section of the report.
4 FAO Basic Texts, 1974 Edition, Section P, Appendix, paragraph 35.
273. The Council further noted that Article VI-3 of the Constitution had been adopted in 1955 by the Eighth Session of the Conference at a time when clearer rules to govern the creation and functioning of statutory bodies had proved necessary, and that the Principles adopted by the Conference in 1957 had been generally modelled on Article VI-3 of the Constitution. The Council considered that the need for the governing bodies to exercise control over the rules of procedure of bodies established under Article VI and Article XIV of the Constitution was no longer necessary since the types of statutory bodies that might be established had now been clearly laid down by the Conference and standard patterns for the rules of procedure of such bodies had been evolved. Moreover, since the creation, in 1957, of the CCLM, whose terms of reference specifically included any matters arising from the rules of procedure of Article VI bodies, the Director-General could always refer to that Committee any doubts that he might have as to whether he should approve a particular set of rules of procedure or any amendments thereto.
274. The CCLM's review of the provisions applied in certain major organizations in the United Nations system showed that in some instances uniform rules had been approved by governing bodies, but that where no such rules existed, approval or confirmation by a governing body was not required. The Council agreed with the CCLM that, on account of the great variety of bodies that might be established under Article VI and Article XIV of the Constitution, it would be impractical to envisage the adoption of uniform rules of procedure.
275. In the light of the foregoing, the Council concluded that bodies established under Article VI and Article XIV of the Constitution should draw up their rules of procedure subject only to approval by the Director-General and accordingly recommended to the Conference that:
in the second sentence of Article VI, paragraph 3, of the Constitution, the words: “subject to confirmation by the Conference or Council, as appropriate”, be deleted;
in paragraph 35 of the Appendix to the Principles appearing in Section P of the FAO Basic Texts, the words: “subject to confirmation by the Council” likewise be deleted.
276. The Council noted that if the Conference endorsed these recommendations, the statutes of Article VI bodies, certain conventions and agreements under which Article XIV bodies have been established, and the rules of procedure of such bodies, would have to be amended in due course.
277. The Council recalled that, at its Sixty-Fourth Session, it had considered the report of the Ninth Session of the Committee on Fisheries (COFI) which had called attention to the fact that some Member Nations had omitted at the preceding Conference session to indicate their interest in being appointed as members of COFI, and were therefore represented at COFI sessions as observers only. After having taken note of the suggestions in the report of COFI, designed to facilitate accession to membership, the Council had, on that occasion,
“agreed that, in order to allow a large number of countries to join COFI, favourable consideration should be given to more flexible rules than those presently on trial regarding COFI membership; it agreed, however, that it was necessary for the composition of COFI to be konwn in advance of its sessions. It requested the CCLM to study the problem, taking into account the views expressed at the Ninth COFI Session and at the current session of the Council, and to report on this matter to the mid-1975 Council session 2”
1 CL 66/5 paras 14–26, CL 66/PV/17, CL 66/PV/18.
2 CL 64/REP para. 146(d).
278. When the CCLM condidered this matter at its Thirtieth Session it noted that, while the question had been brought to the attention of the Council by COFI, the structure, composition and methods of appointment of members were virtually the same for all “open” committees of the Council 1. The CCLM therefore considered that it would be desirable to review the rules applicable to the acquisition of membership in a broader constitutional context, taking into account the procedures followed not only in respect of COFI, but also for other “open” committees.
279. The Council noted that the CCLM had examined various measures designed to ensure that governments were informed in good time of the notification procedure concerning membership in “open” committees. It greed with the opinion of the CCLM, however, that if the objective of ensuring the widest possible participation were to be fully attained, it would seen necessary to eliminate the requirement of individual notification forms to be submitted by Member Nations within a fixed deadline. The Council therefore also concurred in the conclusion of the CCLM that a solution enabling any Member Nation to acquire membership in any of the “open” committees at any time would correspond most closely to the interests of member governments and yet limit membership to those states which were in fact interested in participating actively in the work of any given committees. It noted that the adoption of this solution would require certain amendments to the Constitution and to the General Rules of the Organization.
280. Several members expressed the view that a single notification by a member government should be sufficient not only to acquire, but also to retain membership and obtain all documents until a notification of withdrawal was addressed to the Director-General. Other members pointed out that the limitation of membership to a biennium, or for the remainder of the biennium, would not constitute any particular complication, as Member Nations would be enabled, under the text of the amendments to the Basic Texts as proposed by the CCLM, to notify their wish to be considered as members at any time. It was pointed out that invitations to any sessions of the “open” committees should be sent to all Member Nations of FAO irrespective of whether they had notified their wish to be considered as members. Upon receipt of the invitation, together with the agenda and such other working documents as were available at the time, each Member Nation would be in a position to decide on its participation and membership in the committee concerned, unless it had signified its intention earlier, e.g. during the Conference session. As the CCLM had pointed out, notification forms could even be made available at the time of registration of representatives just prior to the opening of the Session. In the light of these factors, and on the understanding that the Secretariat would take all necessary steps to assist Member Nations desirous of becoming members of “open” committees, the Council endorsed the procedure proposed by the CCLM.
281. Since, under this procedure, a simple notification of the desire to become a member of a Committee could be submitted at any time and would become effective immediatley, it would no longer be necessary for the Council to take any action for the appointment of members of such committee. In view of the fact that Article V-6 of the Constitution vested in the Council the power to appoint the Standing Committees, this provision would need to be amended. Likewise the opening paragraphs of Rules XXIX, XXX, XXXI and XXXII GRO, which specified the procedure for the appointment of the existing committees, would need to be amended and some consequential amendments would be necessary as regards Rules XXIV-5(a) and XXV-3(a) GRO. Finally, all “open” committees would have to amend their respective Rules of Procedure to adapt them to the amended text of the aforementioned provisions of the General Rules.
282. The Council accordingly recommended the following draft resolution for adoption by the Conference 1:
DRAFT RESOLUTION FOR THE CONFERENCE
AMENDMENTS TO ARTICLE V OF THE CONSTITUTION AND RULES XXIX, XXX, XXXI, XXXII, XXIV AND XXV OF THE GENERAL RULES OF THE ORGANIZATION
THE CONFERENCE
Recalling its Resolution 10/71 and 11/71, whereby it established a Committee on Forestry and a Committee on Agriculture to be appointed by the Council and to be composed of Member Nations which notified the Director-General, by a specific date prior to the relevant Council Session, of their desire to become members of such Committees,
Recalling further its Resolutions 14/71 and 18/71 whereby it decided that, for a trial period of four years, the membership of the Committee on Fisheries and the Committee on Commodity Problems should be determined according to the same procedure,
Having noted that certain Member Nations had been unable to comply with the deadline for notifications prescribed by the Rules adopted by the Conference as part of the aforementioned resolutions and had thus been precluded from acquiring membership in the Committees concerned,
Concurring with the recommendation of the Council that the rules concerning acquisition of membership in these Committees should be rendered more flexible in order to enable all interested Member Nations to participate actively in the work of such Committees,
1. Decides to amend Article V, paragraph 6, of the Constitution to read as follows a:
“6. [To assist the Council in performing its functions, the Council shall appoint] In the performance of its functions, the Council shall be assisted by a Programme Committee, a Finance Committee…” b:
2. Adopts the following amendments to the General Rules of the Organization:
(a) Rule XXIX, paragraphs 1, 2 and 3, are amended to read as follows c:
“1. The Committee on Commodity Problems provided for in paragraph 6 of Article V of the Constitution shall be open to all Member Nations of the Organization. It shall be composed of those Member Nations which notify the Director-General in writing of their desire to become members of the Committee and of their intention to participate in the work on the Committee.
2. The notifications referred to in paragraph 1 may be made at any time and membership acquired on the basis thereof shall be for a biennium. The Director-General shall circulate, at the beginning of each session of the Committee, a document listing the members of the Committee.
3. The Committee shall elect its own Chairman from among its members.”;
(b) Rule XXX, paragraphs 1, 2 and 3, are amended to read as follows d:
“1. The Committee on Fisheries provided for in paragraph 6 of Article V of the Constitution shall be open to all Member Nations of the Organization. It shall be composed of those Member Nations which notify the Director-General in writing of their desire to become members of the Committee and of their intention to participate in the work of the Committee.
2. The notification referred to in paragraph 1 may be made at any time and membership acquired on the basis thereof shall be for a biennium. The Director-General shall circulate, at the beginning of each session of the Committee, a document listing the members of the Committee.
3. The Committee shall elect its own Chairman from among its members.”;
(c) Rule XXXI, paragraph 1, is amended to read as follows e:
“1. The Committee on Forestry provided for in paragraph 6 of Article V of the Constitution shall be open to all Member Nations of the Organization. It shall be composed of those Member Nations which notify the Director-General in writing of their desire to become members of the Committee and of their intention to participate in the work of the Committee.
2. The notification referred to in paragraph 1 may be made at any time and membership acquired on the basis thereof shall be for a biennium. The Director-General shall circulate, at the beginning of each session of the Committee, a document listing the members of the Committee.”;
(d) Rule XXXII, paragraph 1, is amended to read as follows f:
“1. The Committee on Agriculture provided for in paragraph 6 of Article V of the Constitution shall be open to all Member Nations of the Organization. It shall be composed of those Member Nations which notify the Director-General in writing of their desire to become members of the Committee and of their intention to participate in the work of the Committee.
2. The notification referred to in paragraph 1 may be made at any time and membership acquired on the basis thereof shall be for a biennium. The Director-General shall circulate, at the beginning of each session of the Committee, a document listing the members of the Committee.”;
(e) Rule XXIV, paragraph 5(a), is amended to read as follows g:
“(a) elect [or appoint the members of the Committees provided for in paragraph 6 of Article V of the Constitution] the Chairmen and members of the Programme Committee and the Finance Committee, and the members of the Committee on Constitutional and Legal Matters”;
(f) Rule XXV, paragraph 3(a), is amended to read as follows g:
“(a) [appoint] elect the Chairmen and members of [a] the Programme Committee [a] and the Finance Committee, and [a] the members of the Committee on Constitutional and Legal Matters [, a Committee on Commodity Problems, a Committee on Fisheries, a Committee on Forestry and a Committee on Agriculture].”;
3. Requests the Committees on Commodity Problems, on Fisheries, on Forestry, and on Agriculture to review their respective Rules of Procedure in the light of the amendments to the General Rules of the Organization set forth in the present Resolution.”
a Deletions in square brackets [ ], additions underlined.
e Paragraphs 2–10 are renumbered to become paragraphs 3–11.
f Paragraphs 2–13 are renumbered to become paragraphs 3–14.
283. The Indo-Pacific Fisheries Council (IPFC) at its Sixteenth Session in November 1974 and the Regional Fisheries Advisory Commission for the Southwest Atlantic (CARPAS) at its Sixth Session in December 1974 adopted amendments to their Rules of Procedure which were approved by the Director-General on 14 April 1975. The Fishery Committee for the Eastern Central Atlantic (CECAF) at its First Session in March 1969 adopted Rules of Procedure which were also approved by the Director-General on 14 April 1975. The Amendments to the Rules of Procedure of IPFC and CARPAS and the Rules of Procedure of CECAF, as reproduced in Appendixes A, B and C to CL 66/32, were submitted to the Council for confirmation.
284. In response to a question why these texts had not been submitted to the Committee on Constitutional and Legal Matters (CCLM), the Council was informed that Rules of Procedure of bodies established under Articles VI or XIV of the Constitution were normally not referred to the CCLM. Moreover, it was pointed out that the Council, at the present session, had recommended to the Conference the adoption of amendments to the relevant provisions of the Basic Texts so as to dispense with the requirement of confirmation by the Conference or Council of the Rules of Procedure of bodies established under Articles VI or XIV of the Constitution.
285. The Council confirmed the amendments to the Rules of Procedure of IPFC and CARPAS, and the Rules of Procedure of CECAF, subject to their review by the CCLM at an early date.
286. The Council recalled that at its Fifty-Fifth Session (November 1970), it had suggested that the Director-General examine the Basic Texts in consultation with the Committee on Constitutional and Legal Matters (CCLM) and report to the Council on any inconsistencies contained therein and any problem arising from the application of the Basic Texts. At its ThirtiethSession (May 1975), the CCLM had considered three matters arising out of its examination of the Basic Texts which had been deferred from its previous sessions. These matters were:
g Deletions in square brackets [ ], additions underlined.
membership of regional commissions established under Article VI-1 of the Constitution;
attendance of observers at sessions of committees established under Article VI-2 of the Constitution; and
attendance of observers at FAO meetings in general
287. The Council noted the CCLM's conclusion that, with respect to membership of regional commissions established under Article VI-1 of the Constitution, it was at present unnecessary to consider this matter further. The Council also noted that the CCLM did not consider it necessary to recommend a change to the provisions in the “Statement of Principles relating to the Granting of Observer Status to Nations” (Section J of the Basic Texts) regarding attendance of observers at sessions of committees established under Article VI-2 of the Constitution. With respect to attendance of observers at FAO meetings in general, the Council further noted that the CCLM considered that the participation of observers - of states, international organizations, national institutions and individuals - worked satisfactorily, and that no substantive change to existing provisions was required.
288. The Council noted that the CCLM's examination of the Basic Texts had led to a number of substantive and drafting amendments relating to a wide range of important topics being approved by the Conference, and endorsed the CCLM's conclusion that, while the Director-General and the Committee should keep the Basic Texts constantly under review and had an important role to play in ensuring that these Texts remained in harmony with changing circumstances, the task set by the Council at its Fifty-Fifth Session had been accomplished.
289. The Council heard a statement from the Chairman of the CGFPI providing information regarding arrangements for the Group's first meeting in late July and noted the background paper on its proposed organization, principles of operation and scope of work. Representatives of developing countries felt however that paragraph 2 of Appendix A to CL 66/34 did not give the right interpretation to the reasons for the request for postponement of the first meeting of the CGFPI. They referred to paragraph 75 of the Report of the Sixty-Fifth Session of the Council which reflected the correct position. In this connexion they therefore appreciated the Chairman's clarification on this point.
290. The Council welcomed the opportunity to express an opinion on the future activities of the Group and emphasized the importance it attached to the Group which it was hoped would become instrumental in obtaining decisions to make additional funds available to permit increased agricultural and food production in developing countries. A lack of resources was a limiting factor in implementing the many recommendations made by several bodies for attacking the precarious world food situation. As regards the investment strategies referred to in the “Scope of Work” of the Group, it was suggested that the third and fourth topics identified, that is (a) the appropriateness of giving priority attention to the needs and problems of certain critical countries with large populations and precarious food situations, and (b) assistance to developing countries with a potential for a relatively quick increase in food output for export to food deficit developing countries, should not be considered as alternatives to each other but as complementary.
291. The Council believed that the Group should draw up the agenda of its meetings very selectively. This would enable the Group to concentrate on major issues, avoid dissipation of effort and, more importantly, duplicating activities already being carried out by other bodies. It also suggested that its Secretariat be small.
1 CL 66/34, CL 66/PV/7, CL 66/PV/8, CL 66/PV/19.
292. As regards membership, while the Council appreciated the wish of many countries and organizations to participate in the activities of the Group, it realized that the Group could not have an open membership. However, the Council supported the proposal by the Chairman of the CGFPI that countries which were not elected to membership be invited to attend meetings in an observer capacity if an item of particular interest to them were under consideration by the Group. It hoped that the Chairman of the Group would give a liberal interpretation to this proposal.
293. The Council then endorsed the nomination of the following Members proposed by the developing countries in the following five FAO Regions to the Consultative Group on Food Production and Investment in Developing Countries:
| Africa: | Senegal, Sierra Leone |
| Asia and the Far East: | Burma, Indonesia |
| Europe: | Turkey, Yugoslavia |
| Latin America: | Brazil, Mexico |
| Near East: | Sudan, Syria |
294. The Council was informed that the Director-General, in accordance with Paragraphs B-1 and B-2 of the “Statement of Principles Relating to the Granting of Observer Status to Nations” 2, had on request invited the U.S.S.R. to attend the Tenth Session of the Committee on Fisheries (COFI), Rome, 3–10 June 1975 (FI 831) (request received on 3 April 1975).
295. The Council approved this action.
1 CL 66/LIM/2.
2 See Basic Texts, Volume II, Section J.
