164. The Council noted that the General Fisheries Council for the Mediterranean (GFCM), at its Twelfth Session (March 1974), had considered it necessary to revise the Agreement under which it had been established in order to enhance its .efficacy, as regards resources management. At its Thirteenth Session (July 1976), the GFCM had adopted amendments to the Agreement 2 as proposed by its Committee on Resources Management and reviewed by the Committee on Constitutional and Legal Matters at its Thirty-Second Session (May 1976) 3.
165. The Council noting that, in accordance with Article VIII of the Agreement, amendments thereto shall take effect only after the approval by the Council of FAO or the Conference, decided to approve the proposed amendments and adopted the following resolution:
AMENDMENT OF THE AGREEMENT FOR THE ESTABLISHMENT OF .A GENERAL FISHERIES COUNCIL FOR THE MEDITERRANEAN (GFCM)
Noting that the Committee on Resources Management of the GFCM had proposed amendments to the Agreement establishing the GFCM and that these amendments had been reviewed by the Committee on Constitutional and Legal Matters (CCLM) at its Thirty-Second Session (May 1976),
Noting further that the GFCM at its Thirteenth Session (July 1976) had adopted these amendments taking into account the recommendations of the CCLM,
Considering that, in accordance with Article VIII of the Agreement, any amendment thereto shall become effective only after approval by the Council or the Conference of the Organization,
Approves the amendments to the Agreement under which the GFCM was established as set forth in Appendix G.
166. The Council considered the report of the CCLM on the question of the membership status of Viet Nam in relation to FAO. it noted that this question had been referred to the CCLM by the Director-General upon receipt of a communication from the Government of the Socialist Republic of Viet Nam notifying him that the Democratic Republic of Viet-Nam and the Republic of South Viet-Nam had been united to form the Socialist Republic of Viet Nam, which would take the place of the Republic of South Viet-Nam and "continue its official membership in the Food and Agriculture Organization of the United Nations".
167. The Council noted that the CCLM had recalled that the original application for membership in FAO had been made in respect of the “State of Viet Nam” which in effect was composed of the territory and population now encompassed by the Socialist Republic of Viet Nam. The CCLM had also ascertained that the concept of continuity of membership had been adopted by the Conference and Council in all previous cases where there had been a formation of a union of States and that a similar practice had been followed by the relevant organs of the United Nations and other organizations within the United Nations System.
168. The CCLM therefore had concluded that it was correct for FAO to recognize the Socialist Republic of Viet Nam as succeeding the Republic of South Viet-Nam with respect to memberhip in FAO.
169. The Council decided to accept the Report of the CCLM on this point.
170. The Council approved the modifications proposed by the CCLM 5 to the text of the draft new Financial Regulation 4.3 as previously proposed by the Finance Committee at its Thirty- Seventh Session in May 1976 6, and endorsed by the Council at its Sixty-Ninth Session in July 1976 7, subject to review by CCLM. The Council decided to recommend for adoption by the Conference the revised text, which reads as follows:
4.3 Appropriations voted by the Conference for the Technical Cooperation Programme together with any funds transferred to the Technical Cooperation Programme under Financial Regulation 4.5(b) shall remain available for obligations during the financial period following that during which the funds were voted or transferred. Appropriations unutilized at the close of the financial period following that during which the funds were voted or transferred shall be cancelled 8
171. The Council decided to recommend to the Conference for adoption the following amendment to Financial Regulation 10.1, which had been proposed by the Thirty-Eighth Finance Committee Session in October 1976 9 and revised by the Thirty-Third CCLM Session in November 1976 10.
"10.1 The Director General shall:
(c) Designate the officers, and other persons as appropriate, who may receive moneys, incur commitments or obligations and make payments on behalf of the Organization".
172. The Council noted that an appropriate draft resolution to cover the adoption by the Conference of the amendments recommended by the Council would be submitted to the 1977 pre- Conference Council Session.
173. The Council recalled that under Resolution 10/73 adopted by the Conference at its Seventeenth Session (November 1973), participation of Non-Member States in FAO bodies and meetings, which had previously been limited to States that were members of the United Nations, was extended also to States that were members of any Specialized Agency or the International Atomic Energy Agency.
174. To this end, the Conference invited the standing Committees of the Council as well as bodies established under Articles VI and XIV of the Constitution to amend, those provisions of the Conventions and Agreements or Rules of Procedure that contain clauses limiting eligibility to Non-Member States that are Members of the United Nations.
175. The Council, having noted that the Resolution was silent on the method of effecting similar amendments to the Statutes of Article VI bodies, authorized the Director-General, as recommended by the CCLM, to amend the Statutes of these bodies in line with the above Conference decision.
176. The Council noted the first conclusions of the Working Party of selected Member Nations established under Article VI-2 of the Constitution by its Sixty-Eighth Session.
177. Several members gave their views on some of the proposals included among these conclusions, and expressed the hope that the Working Party might give these consideration before it made final recommendations to the Council. It was agreed that the verbatim records of the Council's discussion on this item be one of the documents to be placed at the disposal of the Working Party.
178. The Council decided that the Working Party should submit a report with its recommendations to the June 1977 Council Session.
179. The Council was informed that the Democratic Republic of São Tomé and Principe and the Democratic People's Republic of Korea had applied for admission to membership in the Organization. The Council was subsequently informed that a similar request had been received from the Comoros.
180. Pending a decision by the Conference on these applications, the Council, acting in pursuance of Rule XXV-11 GRO and paras B-1, B-2 and B-5 of the "Statement of Principles on the Granting of Observer Status to Nations" authorized the Director-General to invite the applicants to participate in an observer capacity at appropriate Council meetings, as well as at regional and technical meetings of the Organization of interest to them.
181. The Council noted that at the Fourteenth Regional Conference for Latin America (Lima, Peru, April 1976) the question was raised as to the eligibility of certain Member Nations to participate as full members at Regional Conferences. At that Regional Conference the Latin American countries were of the opinion that matters of interest to those countries only should be dealt with solely by themselves, and there was consensus on the urgency of drafting rules for FAO's Regional Conferences that would take account of this principle. Accordingly, the Director-General was asked to include this matter on the agenda of the next session of the Council in the light of Articles II and VI of the Constitution, and of statements made on the matter at different Regional Conferences.
182. The Council recalled that at its Sixty-Ninth Session (July 1976) the Director-General had explained 15 the reason why it had not been possible to include the item on the agenda of that session, one of which being that the other Regional Conference that would meet later in the year should have an opportunity, to express their views.
183. In order to assist the Council in its consideration of this question, the Director- General submitted a document CL 70/24 giving background information on the law and practice that had evolved in FAO over the years with regard to the participation of Member Nations in Regional Conferences, and a summary of the law and practice of certain other organizations of the United Nations system.
184. In considering the question whether and, if so, to what extent, any change in FAO's law and practice was called for, the Council noted that paragraph 18 of CL 70/24, contained a list of Member Nations that participated in Regional Conferences as full members in more than one region. These Member Nations participated in more than one Regional Conference either because, although they were situated predominantly outside a given region, they had responsibilities with respect to territories in that region, or else because of special interests due to vicinity or similar ecological conditions. In addition, Member Nations belonging to the South West Pacific Region, for which no Regional Conference was held, combined with the Regional Conference for the Asia and Far East Region and participated as full members, but this practice was not in question.
185. A majority of the members of the Council considered that participation in the capacity of a full member in Regional Conferences should be limited to those Member Nations whose territory was entirely or principally in that region and that Member Nations which were predominantly situated outside the region, but had constitutional relations with respect to territories in the region, should be entitled to attend only in an observer capacity. These members stressed that the main purpose of Regional Conferences was for Member Nations of the region to lay down the policy that should be followed for the regions concerned. Policy matters should be determined exclusively by those Member Nations that truly belonged to the region. In this respect Regional Conferences should be distinguished from regional meetings of a technical nature at which a wide participation was to the advantage of all Member Nations concerned.
186. Some members of the Council indicated that they had responsibilities outside the region in which the main part of their territory was situated,and explained the constitutional and other reasons which in their view justified their participation in more than one Regional Conference as full members. They also noted that FAO's work within a region was not unrelated to the work of other international organizations and institutions. They concluded that the existing law and practice, which had been reviewed by the Council and Conference in 1973, should remain unchanged.
187. Some members pointed out that participation at Regional Conferences held for the regions to which they belonged had not given rise to any problems. They further pointed out that the question of participation had only arisen in the Regional Conference for Latin America and therefore, if rules on this question were to apply to all Regional Conferences, unnecessary complications might be caused. The majority of the members considered that participation in Regional Conferences was a matter which should be determined by the Member Nations of each region concerned. For example situations could arise in which the participation of a country, which was unquestionably located in a given region, might nonetheless be unacceptable to the other participants in the Regional Conference. Some members indicated the need to leave unchanged the current practice whereby certain Member Nations participated as full members in more than one Regional Conference for geographical or other reasons.
188. In view of the complexity of the issues involved, and since the Basic Texts of the Organization dit not contain any specific rules regarding the right of Member Nations to participate in Regional Conferences as full members or as observers, the Council agreed that the desirability of preparing appropriate rules should be further studied.
189. After considering whether this task should be assigned to a special working party to be set up for the purpose by the Council, or to the Committee on Constitutional and Legal Matters (CCLM), the Council decided to refer it to its Working Party on the Composition and Terms of Reference of the Council, the Programme Committee, the Finance Committee and the CCLM which had included on its work schedule 16 an item relating to Regional Conferences, their composition and rules of procedure, and requested the Working Party to take into consideration the views expressed in the Council. The Council further decided that appropriate arrangements should be made to permit Member Nations directly concerned to make their views known to the Working Party, and that the Working Party should submit its report on the particular question to the Seventy-First Session of the Council.
190. The Council recalled that, acting on a recommendation of the Committee on Fisheries, it had authorized the Director-General at its Sixty-Fourth Session (November 1974) to consult with governments of all FAO Member Nations in the Latin America region regarding the need for suitable machinery for international cooperation in the field of inland fisheries and, in the light of this consultation, to establish a regional body under Article VI of the FAO Constitution to deal with inland fisheries in that region 18.
191. Noting that twenty-three of the twenty-nine Member Nations consulted had supported the establishment of such a body and that no negative replies had been received 19, the Council agreed to establish an inland fishery body for Latin America and considered the draft Resolution appearing in document CL 70/33 together with the Annex to the Resolution which contained proposed Statutes for that body. It adopted amendments to paragraph 1 (membership) and to paragraph 2(c) and (i) (terms of reference) of the draft Annex. The delegates of France and of the United States of America reserved their governments' position regarding the wording of the amendment to paragraph 1, which in their opinion, did. not conform to the terms of Article VI-1 of the Constitution of the Organization and contradicted the view expressed in the Council on the question of Regional Conferences 20.
192. The Council then adopted the following resolution and Annex:
ESTABLISHMENT OF A COMMISSION FOR INLAND FISHERIES OF LATIN AMERICA
Recognizing the demonstrated importance of inland fisheries to Latin America and the urgent need for consolidation of efforts in the further development of these fisheries,
Recalling that the need for the establishment of an inland fishery body for Latin America was stressed by the Ninth Session of the FAO Committee on Fisheries and that the Council at its Sixty-fourth Session authorized the Director-General to consult with governments of all FAO Member Nations in the region and, in the light of this consultation, to provide for the establishment of a regional body to deal with inland fisheries,
Taking into account that the majority of the Member Nations consulted supported the establishment of such a body and that no negative replies were received,
Hereby establishes under Article VI, paragraph 1 of the Constitution, a commission to be known as the "Commission for Inland Fisheries of Latin America", the statutes of which shall be as set forth in the Annex to the present Resolution.
ANNEX TO RESOLUTION 4/70
The Commission shall be open to all Member Nations and Associate Members of the Organization which are serviced by the Regional Office for Latin America. It shall be composed of those elegible Member Nations and Associate Members which notify the Director-General of their desire to be considered as Members.
2. Terms of reference
The terms of reference of the Commission shall be:
(a) to promote, coordinate and assist national and regional fishery and limnological surveys and programmes of research and development leading to the rational utilization of inland fishery resources;
(b) to assist Member Governments in establishing the scientific basis for regulatory and other measures for the conservation and improvement of inland fishery resources; to formulate such measures through subsidiary bodies as required, and to make appropriate recommendations for the adoption and implementation of these measures;
(c) to encourage efforts on a national basis and, when appropriate, to coordinate such efforts on a regional basis with a view to preserve the quality of the water;
(d) to assist in the development of aquaculture and stock improvement, including the control of fish diseases, the importation and introduction of exotic species;
(e) to assist in appraising the economic and recreational values of inland fisheries and their development;
(f) to promote and assist in the utilization of the most effective fishing craft, gear and techniques;
(g) to promote and assist with activities for the processing, preservation and marketing of fish and fish products;
(h) to encourage education and training through the establishment or improvement of national and regional institutions and by the promotion and the organization of symposia, seminars, study tours and training centres;
(i) to assist in the collection, interchange, dissemination and analysis of data related to inland fisheries;
(j) to assist Member Governments in formulating national and regional programmes to be implemented through sources of international aid to help achieve the objectives referred to in the preceding paragraphs;
(k) to perform such other functions as are related to the rational management and development of inland fisheries in the Region.
3. Subsidiary bodies
(a) The Commission may establish an Executive Committee and such other subsidiary bodies as may be required for the effective discharge of its functions.
(b) The establishment of any subsidiary body shall be subject to the determination by the Director-General that the necessary funds are available in the relevant chapter of the budget of the Organization. Before taking any decision involving expenditure in connexion with the establishment of subsidiary bodies, the Commission must have before it a report from the Director-General on the administrative and financial implications thereof.
The Commission shall submit to the Director-General reports on its activities and recommendations at appropriate invervals so as to enable the Director-General to take them into consideration when preparing the draft Programme of Work and Budget of the Organization or other submissions to the Organization's Governing Bodies. The Director-General shall bring to the attention of the Conference through the Council any recommendations adopted by the Commission which have policy implications or which affect the programme or finances of the Organization. Copies of each report of the Commission will be circulated to Member Nations and Associate Members of the Organization and international organizations for their information as soon as they become available.
5. Secretariat and Expenses
(a) The Secretary of the Commission shall be appointed by the Director-General and shall be administratively responsible to him. The expenses of the Secretariat of the Commission shall be determined and paid by the Organization within the limits of the relevant appropriations in the approved budget of the Organization.
(b) With a view to promoting the development of inland fisheries, the Organization may also establish trust funds comprising voluntary contributions from the Members of the Commission or from private or public sources, and the Commission may advise on the use of such funds which shall be administered by the Director- General in accordance with the Financial Regulations of the Organization.
(c) Expenses incurred by representatives of Members of the Commission, their alternates or advisers, when attending sessions of the Commission or its subsidiary bodies, as well as the expenses of observers at sessions, shall be borne by the respective governments or organizations.
(a) Any Member Nation or Associate Member of the Organization that is not a Member of the Commission but has an interest in the development of the inland fishery resources of the Latin America Region may, upon its request, be invited by the Director-General to attend meetings of the Commission or its subsidiary bodies in an observer capacity.
(b) States which, while not Member Nations 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 their request, and with the approval of the Council of the Organization, be invited to attend meetings of the Commission or its subsidiary bodies in an observer capacity in accordance with the provisions relating to the granting of observer status to nations adopted by the Conference of the Organization.
7. Participation of International Organizations
Participation of international organizations in the work of the Commission and relations between the Commission and such organizations shall be governed by the relevant provisions of the Constitution and the General Rules of the Organization, as well as the rules on relations with international organizations adopted by the Conference or Council of the Organization.
8. Rules of Procedure
The Commission may adopt and amend its own rules of procedure which shall be in conformity with the Constitution and the General Rules of the Organization and with the Statement of Principles Governing Commissions and Committees adopted by the Conference. The rules of procedure and amendments thereto shall come into force upon approval by the Director-General.
193. The Council was informed that at its Third Session held in May 1974, the Committee on Forest Development in the Tropics had asked the Director-General "to review the membership of this Committee in order to bring it more into line with the current pattern of interest in tropical forestry on the part of FAO member countries, and to consider the possibility and desirability of: (a) restricting membership to those countries which express interest in active membership; (b) expanding membership over the present limited number of thirty countries, if sincere interest for participation is in excess of this number; and (c) retaining the number of fifteen as being the minimum of interested countries necessary to ensure effective continuation of the activity of the Committee".
194. In response to this request, a circular letter had been addressed to all FAO Member Nations on 21 February 1975, followed by a reminder on 14 August 1975, requesting them to indicate whether they were interested in participating actively in the work of the Committee. Forty-two Member Nations indicated in their replies that they were definitely interested in active participation. The options placed before the Council were (i) to maintain the size of the Committee as established by the Conference and (ii) to increase the maximum membership to 45 Member Nations, it being understood that the Director-General would be authorized to adjust the membership from time to time.
195. In considering the alternatives set forth in document CL 70/31, the Council was in favour of increasing the maximum number of members of the Committee. The Council noted that preference for this option had been expressed by the Committee on forest Development in the Tropics at its Fourth Session. Bearing in mind the necessarily limited membership of Committees composed of selected Member Nations established under Article VI.2 of the Constitution, and the fact that only half of the members attended all or almost all previous sessions and the desirability not to create large committees with the consequential implication of higher costs, the Council felt that it would not be practicable to extend the membership beyond the number of 45 States; two members expressed reservations on the limited increase in membership of the Committee.
196. Accordingly, the Council agreed to increase membership of the Committee to a maximum of 45 countries and to authorize the Director-General to review its membership from time to time in order to ensure that it reflect at any time the wish of member countries and the interest shown by them in active participation in the work of the Committee. In this connection, the Council agreed that a criterion for assessing the interest of a country would be the absence of any Member from two successive sessions of the Committee.
197. The Council, therefore, adopted the following Resolution:
MEMBERSHIP OF THE COMMITTEE ON FOREST DEVELOPMENT IN THE TROPICS
Recalling that the Committee on Forest Development in the Tropics was established b y the Director-General in 1966 under Article VI, paragraph 2 of the Constitution, on the authority of Resolution 7/65 of the Thirteenth Session of the Conference,
Noting that under the terms of that Resolution the members of the Committee are selected by the Director-General from the Member Nations and Associate Members of the Organization in the light of the desirability that the Committee membership should be not less than fifteen and no more than thirty members,
Noting further that the Committee, at its Third Session held in May 1974, asked the Director- General to review its membership to bring it more in line with the current pattern of interest in tropical forestry on the part of FAO Member Nations and to consider inter alia the possibility and desirability of restricting or expanding the present membership of the Committee,
Considering that, in accordance with this request, the Director-General has ascertained that a number of other Member Nations expressed interest in participating actively in the work of the Committee, but could not be selected for membership due to the limit of the number of members,
Concluding that in these circumstances, it would be desirable to make provision for allowing the membership of the Committee to be expanded beyond the present limit of thirty countries,
198. The Council took note of the invitations issued by the Director-General on request to non-Member Nations to attend FAO sessions in accordance with paragraph B-1 and B-2 of the "Statement of Principles Relating to the Granting of Observer Status to Nations" 23.
199. The Council agreed to the request of the U.S.S.R., received on 11 August 1976, to attend in an observer capacity the Eleventh Session of the Committee on Fisheries which would take place from 19 to 26 April 1977.
1 CL 70/5, CL 70/5(a), CL 70/PV/9
2CL70/30, App. A.
3 CL 70/5.
4 CL 70/PV/9, CL 70/PV/16.
5 CL 70/5(a). The CCLM did not propose any modification to Financial Regulation 4.2.
6 CL 69/4, para. 3–22.
7 CL 69/REP, paras 25 and 54.
8 The present Financial Regulations 4.3, 4.4 and 4.5 are to be re-numbered 4.4, 4.5 and 4.6, respectively.
9 CL 70/4, para. 2.35.
10 CL 70/5(a), para. 12.
11 CL 70/5(a), paras 13–20.
12 CL 70/4, paras 1.96 and 2.134–2.136; CL 70/17; CL 7O/PV/12; CL 7O/PV/16.
13 CL 70/PV/1, CL 70/PV/5, CL.7O/PV/12.
14 CL 70/24, CL 70/PV/11, CL 7O/PV/17.
15 CL 69/PV/1.
16 CL 70/17, para. 4.
17 CL 70/33, CL 70/PV/12, CL 70/PV/17.
18 CL 64/REP, para. 146(a)
19 CL 70/33, para. 3.
20 See para. 185 above.
21 CL 70/31, CL 70/PV/12.
22 CL 70/LIM/2, CL 70/PV/12.
23 See Basic Texts, Volume II, Section L.