143. The Council recalled that at its Sixty-Sixth Session 2, it had already considered the question of establishing a Committee on World Food Security as a standing Committee of the Council. After examining a draft Conference resolution to this effect, prepared by the Committee on Constitutional and Legal Matters (CCLM), the Council had decided to recommend an amendment to Article V, paragraph 6, of the FAO Constitution, but to postpone final action on the remaining parts of the draft resolution pending consideration by the Committee on Commodity Problems (CCP) of its own functions and future activities in relation to the new Committee.
144. The Council reviewed the Report of the Resumed Thirty-First Session of the CCLM 3 which had been prepared in the light of the Report of the Fiftieth Session of the CCP 4.
145. The Council generally shared the view of the CCLM that the conclusions of the CCP did not affect the substance of the draft resolution submitted by the CCLM, setting forth the new Rule XXXIII GRO on the Committee on World Food Security. The Council noted that the draft new rule followed the existing FAO rules while at the same time giving it the widest possible flexibility in the convening of sessions, so that the Committee would be able to carry out its functions as laid down by its terms of reference. In order to ensure consistency between the provisions in the Rules applicable to the CCP and the Committee on World Food Security concerning the delineation of functions between these Committees, the Council decided to amend paragraph 9 of the proposed Rule XXXIII GRO set forth in the draft resolution.
1 CL 67/3-Sup.1, CL 67/4, CL 67/14, CL 67/PV/6.
2 CL 66/REP, paras. 27, 28
3 CL 67/3-Sup.1
4 CL 67/14
146. The Council therefore recommended the following draft resolution for adoption by the Conference:
DRAFT RESOLUTION FOR THE CONFERENCE
ESTABLISHMENT OF A COMMITTEE ON WORLD FOOD SECURITY
Recalling its Resolution 3/73 on World Food Security,
Bearing in mind that the International Undertaking on World Food Security adopted by the Council at its Sixty-Fourth Session calls for continuing intergovernmental consultations so that timely action can be taken by the international community to remedy any difficulty foreseen in assuring adequate cereal supplies for minimum world food security.
Concurring with Resolution XXII of the World Food Conference, and in particular its recommendation that FAO establish a Committee on World Food Security as a Standing Committee of the Council,
Having noted Resolution 3348 (XXIX) of the United Nations General Assembly endorsing the resolutions of the World Food Conference and inviting the Organizations of the United Nations System to take the necessary steps for their effective implementation,
Endorsing the recommendations adopted by the Council at its Sixty-Sixth and Sixty-Seventh Sessions concerning amendments to the Constitution and the General Rules of the Organization for this purpose,
1. Adopts the following amendment to Article V, paragraph 6 of the Constitution: 1
“6. [To assist the Council in performing] In the performance of its functions, the Council shall be assisted by [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 and a Committee on World Food Security…”
2. Amends the General Rules of the Organization by adding, after Rule XXXII, a new Rule the text of which shall read as follows: 2
Committee on World Food Security
1. The Committee on World Food Security provided for in paragraph 6 of Article V of the Constitution shall be open to all Member Nations of the Organization and all Member States of the United Nations. It shall be composed of those States 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 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 normally hold two sessions during each biennium. 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.
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 members of the Committee.
5. The Committee shall:
Keep the current and prospective demand, supply and stock position for basic foodstuffs under continuous review, in the context of world food security, and disseminate timely information on developments;
Make periodic evaluations of the adequacy of current and prospective stock levels, in aggregate, in exporting and importing countries, in order to assure a regular flow of basic foodstuffs to meet requirements in domestic and world markets, including food aid requirements, in time of short crops and serious crop falure;
Review the steps taken by governments to implement the International Undertaking on World Food Security; and
Recommend such short-term and longer-term policy action as may be considered necessary to remedy any difficulty foreseen in assuring adequate cereal supplies for minimum world food security.
6. The Committee shall report the Council of the Organization and tender advice to the Director-General, as appropriate, on any matter considered by the Committee, it being understood that copies of its reports, including any conclusions, will be transmitted without delay to interested governments and international organizations.
1 Deletions in square brackets [ ], additions underlined.
2 All subsequent Rules to be renumbered accordingly.
7. The Committee shall submit periodic and special reports to the World Food Council, through the Council of the Organization. In exceptional circumstances, reports may be submitted directly to the World Food Council, such action being notified to the following session of the Council of the Organization.
8. Any recommendation adopted by the Committee affecting the programme or finance 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, or relevant extracts therefrom, shall also be placed before the Conference.
9. The Committee shall draw on the advice, as necessary, of the Committee on Commodity Problems and its subsidiary bodies, and the Committee on Food Aid Policies and Programmes. In particular, it shall take full account of the responsibilities and activities of those two Committees, in order to avoid overlapping and unnecessary duplication of work.
10. The International Wheat Council shall be invited to participate in the proceedings of the Committee and to cooperate in servicing the Committee.
11. In order to ensure the effective discharge of its functions, the Committee may request the Members to furnish all information required for its work, it being understood that where so requested by the governments concerned, the information supplied shall be kept on a restricted basis, as foreseen in the relevant provisions of the International Undertaking on World Food Security.
12. 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.
13. The Committee shall elect, from among its members, its chairman and the other officers. It may adopt and amend its rules of procedure, which shall be consistent with the Constitution and the General Rules of the Organization.
14. The Committee may decide to establish subsidiary or ad hoc bodies where it considers that such action would expedite its own work, without duplicating the work of existing bodies. A decision to this effect may be taken only after the Committee has examined a report by the Director-General on the administrative and financial implications.
15. When establishing subsidiary or ad hoc bodies, the Committee shall define their terms of reference, composition, and, as far as possible, the duration of their mandate. Subsidiary bodies may adopt their own rules of procedure, which shall be consistent with those of the Committee.
147. Having considered the question of the possibility of duplication and jurisdictional conflicts between the new Committee on World Food Security and the CCP, the Council endorsed the recommendations of both the CCP and CCLM that an insertion of a new paragraph in Rule XXIX GRO, concerning the CCP, would be instrumental in alleviating the problem. This provision would closely correspond to paragraph 9 of the proposed new rule set forth in the draft Conference resolution on the establishment of a Committee on World Food Security.
148. With respect to the two alternative wordings of this paragraph submitted by the CCLM, one of which had been suggested by the CCP, the Council decided that, since the terms of reference of the CCP had not been amended, a shortened version common to the two alternatives should be recommended to the Conference. As noted in paragraph 8 above, the Council decided that a corresponding change should be made in paragraph 9 of the proposed new rule concerning the Committee on World Food Security.
149. The Council accordingly recommended the following draft resolution for adoption by the Conference:
DRAFT RESOLUTION FOR THE CONFERENCE
FUNCTIONS OF COMMITTEE ON COMMODITY PROBLEMS IN RELATION TO THE COMMITTEE ON WORLD FOOD SECURITY AND THE COMMITTEE ON FOOD AID POLICIES AND PROGRAMMES
Noting that Resolution XXII of the World Food Conference, as endorsed by Resolution 3348 (XXIX) of the United Nations General Assembly, recommended inter alia that a Committee on World Food Security be established as a Standing Committee of the FAO Council, and that the Intergovernmental Committee of the World Food Programme be reconstituted as a Committee on Food Aid Policies and Programmes
Sharing the views expressed by the Committee on Commodity Problems (CCP) and by the Committee on Constitutional and Legal Matters (CCLM) and endorsed by the Council, to the effect that it would be desirable to avoid possible jurisdictional conflicts and duplication of functions of the CCP, the Committee on World Food Security and the Committee on Food Aid Policies and Programmes,
Concurring with the recommendations of the CCP and the CCLM as endorsed by the Council, to the effect that this should be achieved, inter alia, by an adjustment in the provisions of Rule XXIX of the General Rules of the Organization,
Amends the General Rules of the Organization by adding after paragraph 6 of Rule XXIX a new paragraph 7 (the present paragraphs 7 to 10 being renumbered 8 to 11), the text of which reads as follows:
“7. The Committee shall take full account of the responsibilities and activities of the Committee on World Food Security and of the Committee on Food Aid Policies and Programmes in order to avoid overlapping and unnecessary duplication of work.”
150. The Council recalled that, at its Sixty-Sixth Session (June 1975), it had “noted that the submission of a Summary Programme of Work and Budget was not in conformity with the General Rules of the Organization”, in particular, Rule XXIV-2(a)(i) GRO and Rule XXV GRO, and had accordingly requested the CCLM to consider amendments to the relevant Rules to bring them into line with current practice. In examining this matter at its Thirty-First Session in October 1975, the CCLM had noted that, apart from the two aforementioned provisions, several other provisions of the General Rules and also of the Financial Regulations (FR) and the Rules of Procedure of the Programme Committee contain references to the draft Programme of Work and Budget. Most of these provisions could be adapted to the new procedure by the addition of a reference to the summary Programme of Work and Budget. Certain provisions, however, related exclusively to the summary or to the draft Programme of Work and Budget.
151. In the light of the above considerations, the CCLM recommended 3 several amendments to the General Rules and to the Financial Regulations. Having examined the recommendations of the CCLM, the Council endorsed for adoption by the Conference the proposed amendments, which are incorporated in Part I of the draft Conference resolution. 4
1 CL 66/REP paras 173–174, CL 67/3.
2 CL 67/3 paras 8–11 and Appendix A, Part II.
3 CL 67/3 paras 4–7.
4 See para 155 below.
152. The Council recalled that the CCLM, when considering the amendments to Rule XXXII GRO regarding the timing of sessions of COAG, had suggested a further amendment to paragraph 3 of that Rule with a view to eliminating a contradiction between its first sentence, which provided that COAG 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.
153. At its Sixty-Sixth Session (June 1975), the Council, in endorsing the amendment to Rule XXXII-3 GRO, which was designed to eliminate that contradiction, agreed with the CCLM recommendation, that in the interest of consistency, the corresponding provisions relating to other “open” Committees of the Council contained in Rule XXIX.4 (CCP), XXX-4 (COFI) and XXXI-3 (COFO) of the General Rules be likewise amended. 1
154. Having considered the draft amendments to the above-mentioned provisions proposed by the CCLM at its Thirty-First Session (October 1975), the Council endorsed these amendments, which appear in Part II of the draft resolution below, with a view to adoption by the Conference. With regard to the proposed amendment to Rule XXIX-4 GRO, the Council noted that the CCP, at its Fiftieth Session (October 1975) “had expressed itself satisfied with the current practice of normally holding two sessions in every biennium and wished to continue this”. 2 The Council therefore recommended that this practice be reflected in the aforementioned rule by changing the words “three sessions” to read “two sessions” in the first line of the amended text.
1 CL 66/REP para. 270.
2 CL 67/4 para. 8.
155. The Council accordingly recommended the following draft resolution for adoption by the Conference:
DRAFT RESOLUTION FOR THE CONFERENCE
AMENDMENTS TO THE BASIC TEXTS:
SUMMARY PROGRAMME OF WORK AND BUDGET AND PROCEDURE FOR CONVENING COUNCIL COMMITTEE SESSIONS
Recalling its Resolutions 17/71 and 9/73, by which it adopted a number of amendments to the General Rules of the Organization which had been recommended by the Committee on Constitutional and Legal Matters (CCLM) and endorsed by the Council,
Having considered the proposals made by the CCLM and endorsed by the Council at its Sixty-Sixth and Sixty-Seventh Sessions for certain amendments to the Basic Texts with a view to eliminating inconsistencies and ambiguities and in order to bring certain provisions up to date.
Noting that the introduction of the format of a Summary Programme of Work and Budget for consideration by the Programme and Finance Committees and the Council prior to the establishment of a draft Programme of Work for submission to the Conference, was not reflected in the Basic Texts,
Noting further that it would be desirable to harmonize the provisions relating to the procedure for convening the “open” Standing Committees of the Council,
1. Adopts the following amendments to the General Rules of the Organization (GRO) and the Financial Regulations (FR):
The words “summary and” are inserted before the word “draft” in the following provisions:
Rule XXIV, paragraph 2(a)(i) GRO;
Rule XXVI, paragraph 7(a)(ii) GRO;
Rule XXVIII, paragraphs 1, 2(a), (b), (c), (d) and 3 GRO;
The word “summary” is substituted for the word “draft” in Financial Regulation 3.5;
Rule XXVI, paragraph 2(g) GRO is amended to read as follows:
"2. In particular, the Director-General shall, .....
in the light of guidance given by the Conference and Council at previous sessions and by regional or technical conferences, commissions or committees, a summary Programme of Work and Budget for consideration by the Programme and Finance Committees, other appropriate organs of the Organization, and the Council, and
in the light of the observations by the aforementioned Committees and organs and by the Council, a draft Programme of Work and Budget for submission to the Conference."
(a) Rule XXIX, paragraph 4, is amended to read as follows:
“4. The Committee shall normally hold two sessions during each biennium, to be convened by the Director-General in consultation with the Chairman of the Committee, taking into account any proposals made by the Committee. One of these sessions shall be convened sufficiently in advance of the session of the Council held approximately midway between the regular sessions of the Conference, in order that the report of the Committee may be circulated to the members of the Council in accordance with the provisions of Rule XXV.7(a) of these Rules.”
(b) Rule XXX, paragraph 4, is amended to read as follows:
“4. The Committee shall normally hold two sessions during each biennium, to be convened by the Director-General in consultation with the Chairman of the Committee, taking into account any proposals made by the Committee. One of these sessions shall be convened sufficiently in advance of the sessions of the Council held approximately midway between the regular sessions of the Conference, in order that the report of the Committee may be circulated to the members of the Council, in accordance with the provisions of Rule XXV.7(a) of these Rules.”
(c) Rule XXXI, paragraph 3, is amended to read as follows:
“3. Sessions of the Committee shall normally be held once in each biennium, preferably early in non-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.”
156. The Council recalled that at its Sixty-Sixth Session (Rome, 9–20 June 1975) it had confirmed, subject to their review by the CCLM, the Rules of Procedure of the Fishery Committee for the Eastern Central Atlantic (CECAF) and the amendments to the Rules of Procedure of the Indo-Pacific Fisheries Council (IPFC) and of the Regional Fisheries Advisory Commission for the Southwest Atlantic (CARPAS) as reproduced in the Appendixes to document CL 66/32. It noted that the CCLM had reviewed these texts at its Thirty-First Session (Rome, 8–10 October 1975) and had agreed that they were consistent with the Agreement and Statutes by which the IPFC, CARPAS and CECAF had been established.
157. The Council examined and approved the proposal regarding the Establishment of a Joint FAO/ECE Working Party on Mechanization of Agriculture and a Joint FAO/ECE Working Party on Agrarian Structure and Farm Rationalization.
158. With regard to the proposed terms of reference of the Working Party on Agrarian Structure and Farm Rationalization, the Council agreed to modify the first phrase in CL 67/11 Appendix B as follows: “structural policies and changes in agriculture including social implications, social policies and social protection systems”. It was understood that joint working parties would be basically regional bodies comprising interested governments and geared to meet the requirements and prevailing needs in the region.
159. The Council further recommended that the Director-General should continue his policy of closer cooperation between FAO and ECE and suggested that he investigate the possibility of joint activities between the ECA Working Party on Water Resources and Irrigation and the ECE Committee on Water Problems. However, as the terms of reference of the ECE Committee went beyond purely agricultural questions, it was proposed that this question be considered at an appropriate time in the general framework of the review of FAO Statutory Bodies.
160. The Council also endorsed the comments of the Finance Committee that in all cases costsharing between ECE and FAO should be implemented, and that an attempt be made to achieve 50 percent cost-sharing as far as possible.
1 CL 66/REP paras 283–285, CL 67/3 para 12
2 CL 67/2 paras 2.125, 3.216 – 3.219, CL 67/3 paras 19–20, CL 67/11, CL 67/PV/8.
161. The Council then adopted the following resolution:
ESTABLISHMENT OF JOINT FAO/ECE WORKING PARTY ON MECHANIZATION OF AGRICULTURE AND JOINT FAO/ECE WORKING PARTY ON AGRARIAN STRUCTURE AND FARM RATIONALIZATION
Recalling that the Eighth FAO Regional Conference for Europe had strongly endorsed the establishment of a closer relationship between FAO and the UN Economic Commission for Europe (ECE) and the possible merger of FAO statutory bodies with corresponding organs of ECE,
Noting that the ECE Committee on Agricultural Problems, at its 24th Session, requested that the necessary steps be undertaken to convert the ECE group of Experts on Mechanization of Agriculture into a group sponsored jointly by ECE and FAO and to merge, at the earliest possible date, the ECE Group of Experts on Farm Rationalization and the FAO Working Party on Agrarian Structure, and that these requests were endorsed by ECE at its 28th Session,
Noting further that the European Commission on Agriculture (ECA) at its 19th Session, supported the conclusions reached by ECE and requested the Director-General to make an appropriate submission to the Council,
Considering that the joint sponsorship of specialized intergovernmental bodies by organizations with related responsibilities is a suitable means of strengthening interagency cooperation, of avoiding duplication, and of ensuring the most economical use of resources;
1. Decides in accordance with Article VI, paragraph 1, of the Constitution and subject to approval by the appropriate organs of ECE, that:
the ECE Group of Experts on Mechanization of Agriculture be converted into a Joint FAO/ECE Working Party on Mechanization of Agriculture;
the ECE Group of Experts on Farm Rationalization and the ECA Working Party on Agrarian Structures be merged into a Joint FAO/ECE Working Party on Agrarian Structure and Farm Rationalization;
2. Authorizes the Director-General to draw up and promulgate, in accordance with paragraph 3 of Article VI of the Constitution and in consultation with the Executive Secretary of ECE, appropriate Statutes for the aforementioned Joint Working Parties;
3. Requests the Director-General to arrange for all reports of the Joint Working Parties to be submitted to ECA for consideration.
162. The Council recalled that at its Sixty-Sixth Session (June 1975) it had concurred with the recommendation of the Finance Committee that the Credit Union be integrated in FAO, but subject to the Committee on Constitutional and Legal Matters (CCLM) reviewing the legal and constitutional aspects. Subject to this proviso, it had recommended to the Conference that it adopt a draft resolution whereby the Credit Union would be integrated in FAO.
163. The Council noted that the CCLM had concluded, at its Thirty-First Session (October 1975), 2 that from the legal and constitutional point of view it could support the integration of the Credit Union in FAO and the submission to the Conference of the draft resolution which the Council had recommended for adoption. In the light of the above the Council decided to confirm its recommendation that this draft resolution 3 be submitted to the Conference.
164. The Council noted that upon integration in FAO the Credit Union's activities would be covered by FAO's immunity from legal process. The Council therefore considered that, in order to afford adequate protection to the position of third parties who were not members of the Credit Union, appropriate modes for the settlement of disputes should be provided for in transactions which were part of the Credit Union's activities. The representative of Italy stated that since it was likely that the Credit Union's transactions would involve mainly Italian legal or physical persons, his Government reserved its position on the question of immunity from jurisdiction and requested that, in an exchange of letters between his Government and FAO regarding the application of the Headquarters Agreement, an appropriate provision be inserted with respect to the waiver of the Organization's immunity from jurisdiction - as provided for in that Agreement - in connexion with the Credit Union's activities.
1 CL 66/REP para 216, CL 67/PV/8.
2 CL 67/3 para 17.
3 See CL 66/REP para 216.
165. 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 First Session of the Western Central Atlantic Fishery Commission (WECAFC), Port-of-Spain, Trinidad and Tobago, 20–24 October 1975 (FI 840) (request received on 22 October 1975).
166. The Council approved this action.
167. The Council noted the report by the Director-General on International Non-Governmental Organizations not having official status with FAO which he intended to invite, or had invited, to technical meetings.
168. The Council recalled that the Committee on Commodity Problems (CCP) and the Committee on Fisheries, (COFI), which had originally been established as Standing Committees of the Council with a limited membership, were transformed into Committees open to all interested Member Nations, for an experimental period of four years, by virtue of Resolutions 14/71 and 18/71 of the Sixteenth Session of the Conference. As this period was due to expire at the end of the year, the views of both Committees as to their future composition had been solicited.
169. The Council noted that CCP and COFI had expressed the view that, after the expiry of the experimental period, their membership should be open to all interested Member Nations on a permanent basis. 4
170. In concurring with the position adopted by CCP and COFI, the Council recalled that it had already, at its Sixty-Sixth Session, endorsed a draft Conference resolution on the procedure for acquisition of membership in “open” Council Committees, which was to apply to these two Committees if the Conference should decide that they would be open on a permanent basis. 5
171. The Council therefore recommended to the Conference that the “open” membership of CCP and COFI be made permanent and that these Committees remain within the scope of the aforementioned draft Conference resolution.
1 CL 67/12.
2 See FAO Basic Texts, Volume II, Section J.
3 CL 67/10.
4 CL 66/4 para 88 (COFI), CL 67/4 para 12 (CCP).
5 CL 66/REP para 282.