NERC/04/6


Twenty-seventh FAO Regional Conference for the Near East

Doha, Qatar, 13 - 17 March 2004

Establishment of the Regional Animal Health Commission for the Near East and North Africa (AHCNENA)

Table of contents





I. INTRODUCTION

Most countries in the Near East and North Africa Region import both live animals and animal products, either from countries within or from outside the Region; a situation that would require applying disease prevention measures, including those of pre-importation laboratory testing, clinical inspection, establishment of animal quarantines, and post introduction monitoring. Since the food sector has been facing an increasing demand for livestock and their products, a shortage due to disease would make the current deficit situation more acute. Even if the livestock sector production managed to improve, the presence of certain transboundary animal diseases makes livestock products an un-tradable commodity. Animal health, transboundary animal diseases, livestock trade, import of livestock products, quarantine and zoonotic diseases have therefore become relevant issues that need addressing by the decision–makers in the Region. Rinderpest, Foot-and-Mouth disease (FMD), peste des petits ruminants (PPR) , Rift Valley fever (RVF), Old World Screwworm (OWS), Brucellosis, Bovine Spongiform Encephalopathy (BSE) for example, have become regular topics on the agenda, not only of meetings between Chief Veterinary Officers (CVOs), but even at the Heads of State level.

II. THE NEED FOR A REGIONAL ANIMAL HEALTH COMMISSION

The need for creating a Regional Animal Health Commission has long been expressed in various fora such as during the meeting which the Heads of the Veterinary Services of 16 countries had in Baghdad, Iraq, in October 1984, and which recommended that an FMD Commission be created for the Region. In addition, at the 1st Roundtable Meeting on Foot and Mouth disease organized by the Regional Office for the Near East (RNE) in November 1994, in Cairo, participants from Egypt, Morocco, Saudi Arabia, Sudan and Turkey attended the meeting and recommended the establishment of a Regional Commission for FMD.
Subsequently, during the 23rd Arab Veterinary Medical Congress held in March, 1997, in Cairo, the creation of a Regional Animal Health Commission was also supported by the attendees. This was reiterated during the 25th Jubilee Meeting of the Congress, held in Cairo in May, 2001.

Furthermore, at the occasion of the 25th (Beirut, March 2000) and the 26th (Teheran, March 2002) FAO Regional Conferences for the Near East, Governments recommended that a Regional Commission on animal health be established within the framework of FAO.

Finally, the participants to the 2nd Roundtable Meeting on Foot and Mouth Disease held in Cairo in October 2003 recommended inter alia that:

FAO supports the establishment of the Animal Health Commission for the Near East & North Africa, which has been already endorsed by the Agriculture and Livestock Ministers of the Region. This Commission should become an important body working together with OIE/FAO Regional Steering Committee”.

III. DRAFT AGREEMENT FOR THE ESTABLISHMENT OF THE COMMISSION

In view of the above, the Regional Conference is invited to review and finalize the following proposed draft:

AGREEMENT FOR THE ESTABLISHMENT OF THE REGIONAL ANIMAL HEALTH COMMISSION FOR THE NEAR-EAST AND NORTH AFRICA
(Draft)

PREAMBLE

The Contracting Parties,

Agree as follows:

ARTICLE I
Establishment

The Contracting Parties hereby establish, within the framework of the Organization, a Commission to be known as the “Regional Animal Health Commission for the Near-East and North Africa”, for the purpose of exercising the functions and mandate, and discharging the responsibilities set forth in the present Agreement.

ARTICLE II
Definitions

For the purpose of the present Agreement:

“animals” comprise living farm animals including livestock and poultry used as a source of food, fiber, draught power, dung and of other utilitarian products of animal origin;

“disease” means any deterioration or disorder of an animal's health status caused by any form of physical or biological agent injurious or potentially injurious to that animal or a group of animals;

“products of animal origin” comprise manufactured products of animal origin, which, by their nature or that of their processing, may create a risk for the spread of diseases;

ARTICLE III
Membership

  1. Membership of the Commission shall be open to Members and Associate Members of the Organization situated wholly or partly within, or responsible for the international relations of any territory situated wholly or partly within, the area bounded by latitudes …° North and …° South and longitudes …° East and ...° West (hereafter “the area of competence”).
  2. The Commission may, by a two-thirds majority of its Members, admit to membership any State situated wholly or partly within, or responsible for the international relations of any territory situated wholly or partly within the area of competence, that is not Member, or Associated member, of the Organization but is Member of the United Nations or of any of its Specialized Agencies or of the International Atomic Energy Agency, provided that the territory of such State is situated in the area of competence and has submitted an application for membership and a declaration made in a formal instrument that it accepts this Agreement as in force at the time of acceptance in accordance with Article XVIII of this Agreement.
  3. The Organization and the International Office of Epizootics shall have the right to be represented at all sessions of the Commission, but their representative shall not have the right to vote.
  4. With a view to furthering the objectives of this Agreement, the Members of the Commission shall cooperate with each other to encourage any State, that is entitled to become but is not yet a Member of the Commission, to accede to this Agreement.
  5. Nothing in this Agreement, nor any act or activity carried out in pursuance of this Agreement, shall be interpreted as changing or in any way affecting the position of any party to this Agreement with respect to the legal status of any territory covered by this Agreement.

ARTICLE IV
Functions and Mandate of the Commission

1. The Commission shall promote cooperation among its Members with a view to ensuring, through appropriate management, the strengthening of animal health activities and capabilities to minimize interference with international trade resulting from animal health measures, and to increase livestock productivity and trade in healthy animals and safe animal products.

2. In order to achieve these objectives, the Commission shall have the following functions and responsibilities, inter alia:

3. The Commission may make recommendations to its Members on any of the matters referred to in this Article.

ARTICLE V
Sessions of the Commission

  1. Each Member of the Commission shall be represented at sessions of the Commission by a delegate who may be accompanied by an alternate and by experts and advisers. Alternates, experts and advisers may take part in the proceedings of the Commission but may not vote, except in the case of an alternate who is duly authorized to substitute for the delegate.
  2. Each Member of the Commission shall have one vote. Unless otherwise provided in this Agreement, decisions and recommendations of the Commission shall be taken by a majority of the votes cast. A majority of the Members of the Commission shall constitute a quorum.
  3. The Chairperson of the Commission shall convene an annual regular session of the Commission.
  4. Special sessions of the Commission may be convened by the Chairperson of the Commission at the request of at least one-third of its Members.

ARTICLE VI
Chairmanship

The Commission shall elect its Chairperson and no more than two Vice-Chairpersons, each of whom shall serve for a term of two years and shall be eligible for re-election but shall not serve for more than four years in succession. In electing the Chairperson and the Vice-Chairpersons the Commission shall pay due regard to the need for an equitable representation from among the area of competence.

ARTICLE VII
Chairmanship and Functions of the Commission

  1. The Commission may adopt and amend, as required, its Financial Regulations by a two-thirds majority of its Members, which Financial Regulations shall be consistent with the principles embodied in the Financial Regulations of the Organization. The Financial Regulations and amendments thereto shall be reported to the FAO Finance Committee which shall have the power to disallow them if it finds that they are inconsistent with the principles embodied in the Financial Regulations of the Organization.
  2. The Commission shall take all required action to carry out its functions, and in particular, adopt and amend as required, by a two-thirds majority of its Members, its own Rules of Procedure and other internal administrative regulations as may be necessary, which rules and regulations shall not be inconsistent with this Agreement or with the Constitution of FAO.
  3. The Commission shall transmit to the Director-General of the Organization (hereafter “the Director-General”) reports on its activities, programme, accounts and autonomous budget and on such other matters as may be appropriate for action by the Council or the Conference of the Organization.
  4. In order to ensure pertinent communication between the Commission and the Organization, and in addition to its right under Article III.4 of this Agreement, the Organization shall have the right to participate without vote in all meetings of all subsidiary bodies of the Commission.

ARTICLE VIII
Observers

  1. Any Member or Associate Member of the Organization that is not a Member of the Commission may, upon its request, be invited to be represented by an observer at sessions of the Commission. It may submit memoranda and participate without vote in the discussions.
  2. States which, while not Members of the Commission nor Members or Associate Members of the Organization, are Members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency may, upon request and subject to the concurrence of the Commission through its Chairperson and to the provisions relating to the granting of observer status to nations adopted by the Conference of the Organization, be invited to attend sessions of the Commission as observers.
  3. The Commission may invite intergovernmental or, on request, non-governmental organizations having special competence in the field of its mandate, to attend such of its meetings as the Commission may specify.

ARTICLE IX 1
Administration

  1. The Director-General shall appoint the Secretary of the Commission (hereafter “the Secretary”.
  2. The Secretary and the staff of the Commission shall be appointed under the same terms and conditions as staff members of the Organization. The staff of the Commission shall be under the Secretary's immediate supervision.
  3. The Secretary shall be responsible for implementing the policies and activities of the Commission, shall report thereon to the Commission, and shall also act as Secretary to other subsidiary bodies established by the Commission, as required. In the discharge of his functions, the Secretary shall inter alia:
    1. submit to the Commission at each regular session a report on the activities undertaken since the closure of the precedent session, as well as the audited accounts, and a draft programme of work and a draft budget for the following financial period;
    2. prepare and organize the sessions of the Commission and all other meetings of the Commission;
    3. ensure coordination among the Members;
    4. organize conferences, symposia, regional training programmes and other meetings in accordance with the approved programme of work;
    5. initiate proposals for joint action programmes with regional and other international bodies;
    6. be responsible for the day-to-day management of the Commission;
    7. ensure the publication of research findings, training manuals, information print-outs and other materials as required;
    8. take action on other matters consistent with the objectives of the Commission; and
    9. perform any other function as may be specified by the Commission.

ARTICLE X
Rights and Obligations of the Members of the Commission

  1. Members of the Commission are entitled to:
    1. obtain on request information available within the Commission on such matters relating to the objectives and functions of the Commission as may be of concern to them, including guidelines for obtaining technical assistance, and collaboration in the study of their problems;
    2. receive publications and other information that may be distributed by the Commission.
  2. Members of the Commission shall:
    1. collaborate in deciding upon the technical activities of the Commission;
    2. provide, as soon as possible, information reasonably requested by the Commission, to the extent that this is not contrary to any of their national laws or regulations;
    3. collaborate, in general, in the fulfilment of the objectives and functions of the Commission.
  3. In addition to any other obligation provided for elsewhere in this Agreement, each Member of the Commission shall appoint an Animal Health Committee responsible for animal health activities that shall be composed, in particular, of representatives from the respective National Animal Health Services and Research Institutions, and National Animal Health and Veterinary Academic Institutions.

ARTICLE XI
Adoption of harmonized standards, guidelines and recommendations

  1. Any harmonized standards, guidelines and recommendations shall be adopted by a two-thirds majority of Members of the Commission present and voting. The text of such harmonized standards, guidelines and recommendations shall be communicated by the Chairman of the Commission to each of its Members.
  2. Subject to the provisions of this Article, the Members of the Commission undertake to give effect to any harmonized standards, guidelines and recommendations made by the Commission, from the date determined by the Commission, which shall not be before the period for objection provided for in this Article has elapsed.
  3. Any Member of the Commission may within one hundred and twenty days from the date of notification of any harmonized standard; guideline and recommendation object to it and in that event shall not be under obligation to give effect to such harmonized standard, guideline or recommendation. In the event of an objection being made within the one hundred and twenty days period any other Member of the Commission may similarly object at any time within a further period of sixty days. A Member of the Commission may also at any time withdraw its objection and give effect to the pertinent harmonized standard, guideline or recommendation.
  4. If objections to any harmonized standard, guideline or recommendation are made by more than one-third of the Members of the Commission, the other Members shall be relieved forthwith of any obligation to give effect to that harmonized standard, guideline or recommendation; nevertheless any or all of them may agree among themselves to give effect to it.
  5. The Chairman of the Commission shall notify each of its Members immediately upon receipt of each objection or withdrawal of an objection made under the present Article.

ARTICLE XII
Subsidiary Bodies

  1. The Commission may establish, as required, ad hoc or permanent bodies constituted by individuals chosen on the basis of their expertise in animal health to advise it on specific technical matters.
  2. The Commission may establish specialized working parties in order to meet particular situations.

ARTICLE XIII 2
Finances

1. Each Member of the Commission undertakes to contribute annually its share of the autonomous budget in accordance with a scale of contributions to be adopted by the Commission.
2. At each regular session, the Commission shall adopt its autonomous budget by consensus of its Members, provided however that if, after every effort has been made, a consensus cannot be reached in the course of that session, the matter will be put to a vote and the budget shall be adopted by a two-thirds majority of the Members of the Commission.

3. (a) The amount of the contribution of each Member of the Commission shall be determined in accordance with a scheme which the Commission shall adopt and amend by consensus, provided however that if, after every effort has been made, a consensus cannot be reached, such scheme will be put to a new vote and adopted by a two-thirds majority of the Members of the Commission.

(b) The scheme adopted or amended by the Commission shall be set out in the Financial Regulations of the Commission.

4. Any non-Member of the Organization that becomes a Member of the Commission shall be required to make such contribution towards the expenses incurred by the Organization with respect to the activities of the Commission as the Commission may determine.

5. Contributions shall be payable in freely convertible currencies unless otherwise determined by the Commission with the concurrence of the Director-General.

6. The Commission may also accept donations and other forms of assistance from organizations, individuals and other sources for purposes connected with the fulfilment of any of its functions.

7. Contributions and donations and other forms of assistance received shall be placed in a Trust Fund administered by the Director-General in conformity with the Financial Regulations of the Organization.

8. A Member of the Commission which is in arrears in the payment of its financial contributions to the Commission shall have no vote in the Commission if the amount of its arrears equals or exceeds the amount of the contributions due from it for the two preceding calendar years. The Commission may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay was due to conditions beyond the control of the Member but in no case shall it extend the right to vote beyond a further two calendar years.

ARTICLE XIV
Expenses

1. The expenses of delegates and their alternates, experts and advisers occasioned by attendance at sessions of the Commission, or its committees and working parties, shall be determined and paid by the respective Members.

2. The expenses of the Secretariat, including publications and communications and the expenses incurred by the Chairman and Vice-Chairmen of the Commission, when performing duties on behalf of the Commission between Commission sessions, shall be determined and paid from the budget of the Commission.

3. The expenses of research and development projects undertaken by individual Members of the Commission, whether independently or upon recommendation of the Commission, shall be determined and paid by the Members concerned.

4. The expenses incurred in connection with cooperative research or development projects undertaken in accordance with the provisions of Article IV of this Agreement, unless otherwise available shall be determined and paid by the Members of the Commission in the form and proportion to which they shall mutually agree. Contributions for cooperative projects shall be paid into a trust fund to be established by the Organization and shall be administered by the Organization in accordance with the Financial Regulations and Rules of the Organization.

5. The expenses of experts invited to attend meetings of the Commission, its committees or working parties, in their individual capacity, shall be borne by the budget of the Commission.

6. The Commission may accept voluntary contributions generally or in connection with specific projects or activities of the Commission. Such contributions shall be paid into a trust fund to be established by the Organization. The acceptance of such voluntary contributions and the administration of the trust fund shall be in accordance with the Financial Regulations and Rules of the Organization.

ARTICLE XV
Seat

1. The seat of the Commission shall be determined, after consultation with the Director-General, by the Commission. The pertinent Memorandum of Agreement relating to the seat of the Commission is concluded between the Organization and the Host Country, provided that such Host Country is a Member of the Commission.

2. Sessions of the Commission shall normally be held at its seat. The Chairperson of the Commission may however, convene Sessions elsewhere in consultation with the Director-General, either in pursuance of a decision of the Commission at a previous session, or without such decision in exceptional circumstances.

ARTICLE XVI
Privileges, Immunities, and Facilities

l. Each Member of the Commission shall grant required privileges and immunities by applying, mutatis mutandis, to the Commission, its Secretary and staff, to the official representative of other Members and of intergovernmental organizations the Commission, the privileges and immunities provided for in the Convention on the Privileges and Immunities of the Specialized Agencies adopted by the General Assembly of the United Nations on 2l November l947.

2. Without prejudice to paragraph 1, each Member of the Commission shall grant:

3. Without prejudice to paragraphs 1 and 2, the Memorandum of Agreement relating to the seat of the Commission as referred to in Article XV of this Agreement lists the privileges and immunities, as well as facilities, granted by the Host Country.

4. The Commission may conclude agreements with Members in which offices of the Commission may be located, specifying the privileges, immunities and facilities to be enjoyed by the Commission to enable it to fulfil its objectives and to perform its functions.

ARTICLE XVII
Relations with other Organizations and Institutions

The Commission shall cooperate with other inter-governmental organizations or institutions especially those active in the animal health sector.

ARTICLE XVIII
Acceptance

1. This Agreement shall be open to acceptance by Members or Associate Members of the Organization.

2. The Commission may, by a two-thirds majority of its membership, admit to membership such other States that are Members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency as have submitted an application for membership and a declaration made in a formal instrument that they accept this Agreement as in force at the time of admission.

3. Participation in the activities of the Commission by Members of the Commission which are not Members or Associate Members of the Organization shall be contingent upon the assumption of such proportionate share in the expenses of the Secretariat as may be determined in the light of the relevant provisions of the Financial Regulations of the Organization.

4. Acceptance of this Agreement by any Member or Associate Member of the Organization shall be effected by the deposit of an instrument of acceptance with the Director-General of the Organization and shall take effect on receipt of such instrument by the Director-General.

5. Acceptance of this Agreement by non-members of the Organization shall be effected by the deposit of an instrument of acceptance with the Director-General of the Organization. Membership shall become effective on the date on which the Commission approves the application for membership, in conformity with the provisions of paragraph 2 of this Article.

6. The Director-General of the Organization shall inform all Members of the Commission, all Members of the Organization and the Secretary-General of the United Nations of all acceptances that have become effective.

7. Acceptance of this Agreement may be made subject to reservations that shall become effective only upon unanimous approval by the Members of the Commission. Members of the Commission not having replied within three months from the date of the notification shall be deemed to have accepted the reservation. Failing such approval, the nation or regional economic integration organization making the reservation shall not become a party to this Agreement. The Director-General of the Organization shall notify forthwith all Members of the Commission of any reservations.

8. References in this Agreement to the Final Act embodying the results of the Uruguay Round and the Marrakech Agreement establishing the World Trade Organization, and in particular the Agreement on the Application of Sanitary and Phyto-sanitary Measures, and the Understanding on Rules and Procedures Governing the Settlement of Disputes, do not prejudice the position of any State with respect to signature, ratification, or accession to the Final Act, to the Marrakech Agreement, and to the Agreement on the Application of Sanitary and Phyto-sanitary Measures, and the Understanding on Rules and Procedures Governing the Settlement of Disputes.

ARTICLE XIX
Entry into Force

This Agreement shall enter into force as from the date of receipt by the Director-General of the fourth 3 instrument of acceptance.

ARTICLE XX
Amendments

1. The Commission may amend this Agreement by a two-third majority of all the Members of the Commission. Subject to paragraph 2 below, amendments shall come into force as from the date of their adoption by the Commission.

2. Proposals for amendments may be made by any Member of the Commission, or by the Director-General. Proposals made by a Member of the Commission shall be addressed to both the Chairperson of the Commission and the Director-General, and those made by the Director-General shall be addressed to the Chairperson of the Commission, not later than 120 days before the Session of the Commission at which the proposal is to be considered. The Director-General shall immediately inform all Members of the Commission of all proposals for amendments.

3. Amendments involving new obligations for the Members of the Commission shall come into force after acceptance by two-thirds of such Members, and with respect to each Member only on acceptance of it by that Member. The instruments of acceptance of amendments involving new obligations shall be deposited with the Director-General of the Organization who shall inform all the Members of Commission, as well as the Secretary-General of the United Nations, of the receipt of acceptance and the entry into force of such amendments. The rights and obligations of any Member of the Commission that has not accepted an amendment involving additional obligations shall continue to be governed by the provisions of this Agreement as they stood prior to the amendment.

4. Amendments to this Agreement shall be reported to the Council of the Organization that shall have the power to disallow any amendment that it finds to be inconsistent with the objectives and purposes of the Organization or the provisions of the Constitution of the Organization. If the Council of the Organization considers it desirable, it may refer the amendment to the Conference of the Organization which shall have the same power.

ARTICLE XXI
Withdrawal

1. Any Member of the Commission may withdraw from this Agreement at any time after the expiry of two years from the date upon which the Agreement entered into force with respect to that Member, by giving written notice of such withdrawal to the Director-General who shall immediately inform all the Members of the Commission and the Members of the Organization and the Secretary-General of the United Nations of such withdrawal. Withdrawal shall become effective at the end of the calendar year following that in which the notice of withdrawal has been received by the Director-General.

2. A Member of the Commission may give notice of withdrawal with respect to one or more of the territories for the international relations of which it is responsible. When a Member gives notice of its own withdrawal from the Commission, it shall state to which territory or territories the withdrawal is to apply. In the absence of such a statement, the withdrawal shall be deemed to apply to all the territories for the international relations of which the Member is responsible, with the exception of territories belonging to an Associate Member which is a Member of the Commission in its own right.

3. Any Member that gives notice of withdrawal from FAO shall be deemed to have simultaneously withdrawn from the Commission, and this withdrawal shall be deemed to apply to all the territories for the international relations of which the Member is responsible, with the exception of territories belonging to an Associate Member which is a Member of the Commission in its own right.

ARTICLE XXII
Termination

This Agreement shall be automatically terminated if and when, as the result of withdrawals, the number of Members drops below three.

ARTICLE XXIII
Interpretation and Settlement of Disputes

Any dispute regarding the interpretation or application of this Agreement, if not settled by the Commission, shall be referred for settlement to a conciliation procedure to be adopted by the Commission. The results of such conciliation procedure, while not binding in character, shall become the basis for renewed consideration by the parties concerned of the matter out of which the disagreement arose. If as the result of this procedure the dispute is not settled, it may be referred to the International Court of Justice in accordance with the Statute of the International Court of Justice, unless the parties to the dispute agree to another method of settlement.

ARTICLE XXIV
Depositary

The Director-General shall be the Depositary of this Agreement. The Depositary shall:

(a) send certified copies of this Agreement to each Member and Associate Member of FAO and to such non-Member States as may become party to this Agreement;

(b) arrange for the registration of this Agreement, upon its entry into force, with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations;

(c) inform each Member and Associate Member of FAO, which has accepted this Agreement, and any non-Member State, which has been admitted to membership in the Commission of:

(d) inform each Member and Associate Member of FAO and any non-Member States as may become party to this Agreement of:

ARTICLE XXV
Certification and Registration

Two copies in the Arabic, English, French and Spanish languages of this Agreement and of any amendments to this Agreement shall be certified by the Chairperson of the Commission and by the Director-General of the Organization. One of these copies shall be deposited in the archives of the Organization. The other copy shall be transmitted to the Secretary-General of the United Nations for registration. In addition, the Director-General shall certify copies of this Agreement and transmit one copy to each Member of the Organization and to such non-member nations of the Organization that are or may become parties to this Agreement.

IV. CONCLUSIONS AND RECOMMENDATIONS

Several regional fora have passed recommendations and expressed their endorsement of the establishment of an animal health commission for the Near East and North Africa.

The Governments attending the present Regional Conference are now invited to consider the draft agreement for the establishment of the above commission as outlined in Section III of the present document.

Whenever such an agreement is endorsed by the Regional Conference, the FAO Regional Representative will, on its behalf, forward it to the Director-General of FAO with the request that the pertinent procedures be implemented with a view to establish the Animal Health Commission for the Near-East and North Africa.


1 The basic texts of bodies established under Article XIV of the Constitution shall specify that:

2 Bearing in mind the obligations of the Organization, the following principles shall be observed and appropriate provisions shall be inserted in the text of the agreement:

3 To be determined by the negotiating parties, In general, the number of required instruments of acceptance for regional commission is quite limited: from 3 to 10.