101. The Council recalled that, following a decision of the Conference it had established, at its Sixty-Eighth Session (November 1975), a Working Party on the Composition and Terms of Reference of the Council, the Programme Committee, the Finance Committee and the CCLM (hereinafter referred to as ''the Working Party'') to carry out a study and submit appropriate recommendations to it on the composition and terms of reference of the Council and certain of its Standing Committees.
102. The Report of the Working Party, dealing inter alia with the composition of the Programme and Finance Committees, was presented to the Seventy-First Session of the Council (June 1977),
103. The Council further recalled that, in the light of all the views expressed during the discussion at that session, it had endorsed the Working Party's recommendations and agreed to submit the following recommendations for consideration by the Conference:
(a)The Programme and Finance Committees should be composed of representatives of Member Nations on the understanding that, before election, governments would indicate the name of the representatives they would appoint in case of election, together with a complete curriculum vitae of their prospective representative who would therefore also be elected on personal merits.
(b) The number of members of the Programme Committee should be increased by four, bringing the total membership to 11 including the Chairman.
(c) The number of members of the Finance Committee should be increased by four, bringing the total membership to 9 including the Chairman.
(d) There would be no alternates on the Programme and Finance Committees.
(e) FAO should continue to bear the cost of travel and per diem for the attendance of members at sessions of their respective Committees.
(f) The Council would first elect the chairmen of the two Committees from among the candidates submitted by their governments.
(g) In electing the members of the two Committees, the Council should bear in mind the principle of securing an equitable geographical distribution on the Committees. To ensure this the elections to these Committees would be conducted in two stages. The first stage would be to elect 8 members of the Programme Committee and 6 members of the Finance Committee from the Africa, Asia and the Far East, Near East and Latin America regions. The second stage would be to elect 3 members of the Programme Committee and 3 members of the Finance Committee from the Europe, North America and South-West Pacific regions, The above numbers would of course be adjusted before each stage to take into account the regional affiliation of the two Chairmen elected.''
At the same time, the Council had requested the CCLM to "prepare and /to/ submit to its next session the amendments to the Basic Texts that would be required to give effect to the recommendations ,,," for consideration by the Conference.
104. Having examined this matter at its Thirty-Fifth Session (October 1977) the CCLM expressed the opinion that effect could be given to the Council's recommendations by amending Rules XXVI and XXVII of the General Rules of the Organization (GRO). However, the CCLM considered that certain points had not been covered, or only partly covered, by the Council's recommendations, In particular, the CCLM drew the Council's attention to the question of the substitution of representatives, which had been alluded to by one delegate in the course of the earlier Council deliberations, but had not been incorporated in the recommendations. Similarly, no reference had been made to the substitution of Chairmen in case of absence from one or more sessions.
105. The Council noted that, in the light of its study of the questions, the CCLM had prepared draft amendments to Rules XXVI and XXVII GRO which were reproduced in Appendix A to its Report.
106. As regards the election procedure, the CCLM observed that the incorporation of the principle of equitable geographical distribution in the General Rules constituted a departure from past practice in FAO and other organizations in the United Nations System and might therefore set a precedent. However, it reached the conclusion that since it had been requested to prepare draft amendments which would give effect to the Council's recommen dations, including the method of elections designed to achieve the geographical distribution as envisaged by the Council, the best solution would be to set out the entire procedure in Rules XXVI and XXVII. The CCLM was aware that equitable geographical distribution did not mean that all regions included in each of the two groups of regions would be equally represented, particularly on the Finance Committee where four regions would be sharing six seats.
107. As regards the question of the substitution of representatives, the Council noted that the CCLM, after having considered various alternatives, felt that, in order to allow for a certain degree of flexibility, Members of the Committees should be permitted to designate a substitute for their representative at least once in a biennium, submitting details of the substitute's qualifications and experience to the next session of the Council. However, in order to ensure a reasonable degree of stability in the composition of the Committees and to secure continuity of attendance by representatives, the CCLM considered that the seat of a Member should be declared vacant if its designated representative were absent from two consecutive sessions of the Committee or if he were unable to perform his functions for the remainder of the Committee's term. In these two cases, a by-election would be held at the next session of the Council to fill such vacancy.
108., As regards the possibility of absence of the Chairman of either Committee, the CCLM considered that he should be replaced by the Vice-Chairman, elected from among the representa tives of Members of the Committee, who ordinarily performs the Chairman's duties in his absence, If the Chairman were to be absent for one session (or part of a session) his functions would be assumed temporarily by the Vice-Chairman. However, if he were absent from two consecutive sessions or unable to perfom his duties for the remainder of his term of office, the office of Chairman would devolve upon the Vice-Chairman for the remainder of such term and a by-election would be held at the next session of the Council to fill the vacancy in the membership of the Committee from among candidates of the group of regions to which the Chairman belonged.
109. Some members of the Council, having considered the draft amendments to Rules XXVI and XXVII GRO submitted by the CCLM, 2 indicated that the provisions in paragraphs 3(a) and 4(b) of the proposed amendments were not in line with the spirit of the Council's recommendations.
110. With respect to paragraph 3(a), the view was expressed that it was not necessary to provide that nominations of candidates for election should be in respect of a specific region as determined by the Conference for the purpose of Council elections; a specification of regions for election purposes might give rise to problems, particularly if applied in relation to the Finance Committee. This provision might therefore be deleted from the Rules for both the Programme and Finance Committees.
111. As regards the provisions of paragraph 4 of both Rules, several members considered that the Council had recommended at its previous session that Members of both Committees should be Member Nations rather than individuals. Accordingly, while maintaining the maximum possible continuity in the representation, Member Nations should be free to designate substitutes for their representatives, whenever circumstances made such substitution imperative, it being understood that the details of the substitute's qualifications and experience were submitted to the session of the Council following such substitution. If this proposal were acceptable to the Council, paragraph 4(b) of both Rules would have to be deleted and an amendment made to the provisions of paragraph 4(a) to reflect the above suggestion.
112. Some members either supported the solutions as reflected in the amendments proposed by the CCLM or expressed the view that only representatives whose curricula vitae had been submitted to the Council at the time of the election of the Members of the two Committees should participate in the sessions of the Committees, thus reflecting the importance previously attached by the Council to the ''personal merit'' of representatives.
113. The Council decided that since there had not been enough time for a full discussion of the complex questions involved, the draft amendments to Rules XXVI and XXVII GRO as recommended by the CCLM, and contained in Appendix F to this Report, should be referre to the Conference for consideration at its forthcoming session, together with the observations made during the deliberations of the Council.
114. The Council considered the conclusions and the recommendations of CCLM on a question referred to it by the Director-General in accordance with Rule XXXIV.3(h), GRO, concerning the immunities to be granted to participants in meetings convened by FAO, which appeared to call for an amendment to Rule XXXVII.4 GRO.
115. The Council noted that the standard letter of agreement between FAO and host govern ments for all FAO meetings held outside Headquarters 4 referred, in the clause on privileges and immunities, to Rule XXXVII.4 GRO, which reads as follows:
''4. When determining the site of a session of bodies established under Articles VI or XIV of the Constitution, the Director-General should be satisfied that the host government is willing to grant to all delegates, representatives, experts, observers and members of the Secretariat of the Organization attending such a session the immunities that are necessary for the independent exercise of their functions in connexion with the session.'' Since Rule XXXVII. 4 GRO refers specifically to sessions of bodies established under Articles VI and XIV of the Constitution, it does not expressly cover the following types of meetings: sessions of the Conference or Council and sessions of their subsidiary bodies; and conferences, working parties or consultations convened under Article VI.5 of the Constitution.
116. Although, as recognized by the CCLM, the Director-General has consistently followed the practice of satisfying himself that participants will be granted the "immunities that are necessary for the independent exercise of their functions" whenever FAO meetings are held outside Headquarters, the Council agreed with CCLM that, in view of the limited scope which might be attributed to Rule XXXVII.4 GRO as worded at present, the practice followed by FAO did not have as solid a legal basis as was desirable.
117. The Council concluded that there were grounds for extending the scope of Rule XXXVII.4 GRO to all meetings convened by FAO, and accordingly proposed the following draft resolution for adoption by the Conference: 5
DRAFT RESOLUTION FOR THE CONFERENCE
AMENDMENT TO RULE XXXVII.4 OF THE GENERAL RULES OF THE ORGANIZATION (GRO)
Noting that Rule XXXVII.4 GRO provided that, when determining the site of a session of bodies established under Articles VI or XIV of the Constitution, the Director-General should be satisfied that the host government is willing to grant to all participants attending such a session the immunities necessary for the independent excercise of their functions;
Considering that the scope of Rule XXXVII.4 GRO should be extended to all meetings convened by FAO.
Decides that Rule XXXVII.4 GRO be amended as follows: 6
''When determining the site of [a session of bodies established under Article VI or XIV of the Constitution] any meeting to be convened by the Organization, the Director-General should be satisfied that the host government is willing to grant to all delegates, representatives, experts, observers and members of the Secretariat of the Organization attending such a [session] meeting the immunities that are necessary for the independent excercise of their functions in connexion with the [session] meeting''.
118. The Council recalled that the Conference at its Eighteenth Session (1975), had requested the Director-General, inter alia, to prepare and elaborate a draft arrangement with theWorld Food Council clearly defining the distribution of responsibilities and methods of cooperation between FAO and WFC, in the light of its Resolution 3/75 entitled ''Implementation of the New International Economic Order within the Ambit of FAO".
119. The Council recalled further that, at its Sixty-Ninth Session, in considering the relations between FAO, the World Food Council and other bodies, it had expressed the view that ''it would not be practical at the present stage to seek a hard and fast demarcation of functions between the World Food Council on the one hand and the FAO Council together with its subsidiary bodies on the other hand", and it had decided to maintain the flexible arrangements for the submission of reports of FAO bodies to the World Food Council, established at the Sixty-Fifth Session of the FAO Council.
120. The Council had before it a document containing the draft of a Supplementary Arrangement between FAO and the United Nations regarding cooperation between FAO and the World Food Council. The Council noted that the draft Supplementary Arrangement which the Director- General had negotiated at the request of the Conference had been submitted to the CCLM, for review from the legal and constitutional point of view, and also to the Programme and Finance Committees for consideration.
121. The Council noted that the CCLM had reviewed the draft Supplementary Arrangement and had endorsed it on the grounds that it reflected the decisions taken by the Council and it was in proper legal form, and that both the Programme Committee and the Finance Committee had commented favourably on the contents of the draft Supplementary Arrangement.
122. On the basis of the above and in the light of the views expressed during its deliberations, the Council agreed with the provisions of the draft Supplementary Arrangement.
123. Accordingly, the Council decided to transmit the proposed Supplementary Arrangement 8to the Conference for its endorsement before signature on behalf of FAO. In this connexion, the Council noted that the Supplementary Arrangement would, in principle, be considered by the World Food Council at its Fourth Session before signature on behalf of the United Nations.
124. The Council noted that in response to the wish expressed by the Conference at its Eighteenth Session (1975) the Director-General had entered into negotiations with the Secretariat of the IFAD Preparatory Commission with a view to drawing up a Draft Relationship Agreement between FAO and IFAD for submission to the governing bodies of both Organizations.
125. The Council had before it, as Appendices A and B respectively to Document CL 72/15, the text of the Agreement as originally negotiated by the Director-General and as subsequently amended by the Fourth Session of the IFAD Preparatory Commission (July 1977). At that Session the IFAD Preparatory Commission had authorized its Chairman to enter into additional negotiations with respect to the Draft Agreement as amended, and agreement had been reached on further amendments specified in paragraph 8 of Document CL 72/15.
126. The Council noted that in the course of negotiations all matters had been resolved with the exception of the reimbursement of costs to FAO for the services it would render to IFAD.
127. The Council considered that it was important for the resources of FAO and IFAD to be used in the most effective manner. The Council accordingly examined a number of formulae designed to define clearly the costs that would be reimbursed to FAO for the services that it rendered to, and performed on behalf of, IFAD.
128. After a lengthy debate the Council concluded that the words "reimburse FAO for all direct and all additional indirect costs" should be used in the Agreement.
129. The Council observed that all reimbursements would be based on specific agreements to be concluded between the parties.
130. The Council also noted that the CCLM had submitted for consideration revised French and Spanish versions of the Draft Agreement, which had been prepared in order to harmonize these versions with the English version on which negotiations had been based. The Council endorsed the recommendations of the CCLM that the FAO Secretariat be authorized to agree with the Secretariat of IFAD on the final French and Spanish texts of the Draft Agreement.
131. Accordingly, the Council adopted the following Resolution:
AGREEMENT BETWEEN THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS AND THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
Considering the desirability of establishing close cooperation between the Food and Agriculture Organization of the United Nations (FAO) and the International Fund for Agricultural Development (IFAD),
Having examined the draft Agreement that was negotiated between the Director-Generalof FAO and the Secretariat of the IFAD Preparatory Commission, as amended by the IFAD Preparatory Commission at its Fourth Session, as well as further amendments that had been subsequently agreed,
Noting the views and recommendations of the Programme Committee, the Finance Committee and the Committee on Constitutional and Legal Matters,
Considering that for services rendered to and performed on behalf of IFAD by FAO, FAO should be reimbursed for all direct and all additional indirect costs;
Approves the Agreement with IFAD, as set out in Appendix H to the present Report, subject to confirmation by the Conference in accordance with Rule XXXIV.4(c) of the General Rules of the Organization; and
Requests the FAO Secretariat to enter into consultations with the Secretariat of IFAD, with a view to agreeing as soon as possible on mutually acceptable French and Spanish versions of the Agreement that are consistent with the English version on which negotiations had been based, and to report on any further developments to a future session of the Council.
132. Commenting upon Article II.2 of the Draft Agreement (as amended by the IFAD Preparatory Commission, and further amended in subsequent negotiations) one member of the Council stressed the need for allowing Governments to choose freely the agency or organization whose assistance they might wish to seek in preparing projects.
133. The Council noted that the Indo-Pacific Fisheries Council (IPFC), at its Sixteenth Session (1974), had considered the question of its effectiveness as a management and development body and agreed to review the Agreement of 1948 under which it had been established. At its Seventeenth Session (1976), the IPFC, taking into account proposals made by an ad hoc Committee, especially set up to carry out this review, and by its Executive Committee, adopted amendments to the Agreement, which were designed to make it clear that the IPFC should concern itself with all aspects of fishery management and development and become more action-oriented. The amendments adopted by the IPFC had been reviewed by the Committee on Constitutional and Legal Matters (CCLM), which recommended that they be approved by the Council.
134. The Council further noted that most amendments, although more limited in scope, Were similar to those adopted by the General Fisheries Council for the Mediterranean (GFCM) in July 1976, after review by the CCLM, and subsequently approved by the Council.
135. The Council endorsed the recommendation made by the CCLM and adopted the following Resolution 11:
AMENDMENTS TO THE AGREEMENT FOR THE ESTABLISHMENT OF THE
INDO-PACIFIC FISHERIES COUNCIL (IPFC)
Noting that at its Seventeenth Session (1976) the IPFC had adopted amendments to the Agreement under which it had been established,
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,
Noting that the Committee on Constitutional and Legal Matters had reviewed these amendments at its Thirty-Fifth Session (October 1977) and had recdmmended their approval by the Council,
Approves the amendments to the Agreement as set forth in Appendix I to this Report.
136. The Council took note of draft amendments to the International Plant Protection Convention, which had been proposed by a Government Consultation 13, attended by experts representing the governments of contracting parties . The essential purpose of the proposed amendments was to adapt the Convention to present-day needs for combatting important pests and diseases and for preventing their spread and introduction across national boundaries. The proposed amendments would, in accordance with the procedure prescribed in the Convention, be submitted to the forthcoming session of the Conference for approval.
137. The Chairman of the CCLM informed the Council that the CCLM had given detailed consideration to the questions of form and substance arising from the draft amendments proposed by the Government Consultation. The Council noted that, apart from introducing some drafting changes designed to ensure consistency and to eliminate possible ambiguities, the CCLM had made a careful analysis of the proposed amendments with a view to ascertaining whether they were likely to involve new obligations for the States parties to the Convention. This question was relevant inasmuch as, under Article XIII.4 Of the Convention, amendments normally enter into force for all contracting parties after having been accepted by two-thirds of the parties, while amendments involving new obligations do not come into force for a contracting party until acceptance by such party. In this connexion, the Council noted the view of the CCLM that the procedure provided for in the case of amendments involving new obligations would delay the full entry into force of the revised Convention, perhaps indefinitely, and would lead to an undesirable dual system under which certain contracting parties would be bound by one text of the Convention, and the remaining parties, by another.
138.| The Council agreed with the opinion of the CCLM that it would be necessary for the Conference to determine whether or not the proposed amendments involved new obligations.
139. |As regards the substance of the proposed amendments, the Council took note of the conclusion of the CCLM that, despite the introduction of new definitions broadening to some extent the original scope of the Convention, the overall burden at present to be borne by contracting parties in the implementations of their existing obligations would remain sub stantially the same and that consequently none of the proposed amendments involved obligations that would fall within the concept of "new obligations".
140. The Council decided to transmit the proposed amendments 14 to the Conference for its consideration and decision as appropriate 15.
141. The Council was informed that no Non-Member Nations had requested to attend FAO Sessions since the Seventy-First Session of the Council in June 1977.
142. The Council was informed of the names of those Non-Governmental Organizations not having official status with FAO, which had been invited to technical meetings.
143. The Council recalled that the Conference at its Seventeenth Session (1973) and Eighteenth Session (1975) , respectively, adopted Resolutions 10/73 and 26/75. By Resolution 10/73, the eligibility for participation of Non-Member States in FAO bodies and meetings, which had so far been limited to States that were members of the United Nations, was also extended to States that were members of any of its Specialized Agencies or the International Atomic Energy Agency. By Resolution 26/75 the requirement that the Conference or Council confirm the Rules of Procedures and amendments thereto, of FAO statutory bodies, was eliminated.
144. The Council noted that, in compliance with these Resolutions, four-bodies established under Article XIV of the Constitution, namely the European Commission for the Control of Foot-and-Mouth Disease and the Desert Locust Control Commissions for the Near East, for North-West Africa and for South-West Asia respectively, had amended their constituent Agreements accordingly. The Council further noted that, in addition, the European Commission for the Control of Foot-and-Mouth Disease had adopted a consequential amendment to Regulation VII of its Financial Regulations.
145. The Council endorsed the amendments adopted by the European Commission for the Control of Foot-and-Mouth Disease and by the Desert Locust Control Commissions for the Near East, for North-West Africa and for South-West Asia and consequently adopted the following Resolution:
AMENDMENTS TO AGREEMENTS CONCLUDED UNDER ARTICLE XIV OF THE CONSTITUTION
Recalling that the Conference at its Seventeenth Session (1973) adopted Resolution 10/73 extending the eligibility for participation of Non-Member States in FAO bodies and meetings to States that were members of any of the United Nations Specialized Agencies or the International Atomic Energy Agency,
Recalling further that by Resolution 26/75, the Eighteenth Session of the Conference (1975), amended Article VI, paragraph 3 of the Constitution in order to eliminate the requirement of confirmation by the Conference or Council of the Rules of Procedure of FAO Statutory Bodies,
Considering that in pursuance of the aforementioned Resolutions, the European Commission for the Control of Foot-and-Mouth Disease and the Desert Locust Control Commissions for the Near East, for North-West Africa and for South-West Asia, respectively, established under Article XIV of the Constitution have adopted amendments to the relevant provisions of their constituent agreements,
Considering further that in accordance with Article XIV.4 of the Constitution of the European Commission for the Control of Foot-and-Mouth Disease; Article XIII.3 of the Agreements establishing the Desert Locust Control Commissions for the Near East and North-West Africa and Article XIV.3 of the Desert Locust Control Commission for South-West Asia, amendments to these Agreements require the approval of the Council,
Noting that the amended text of Article VIII of the Constitution of the European Commission for the Control of Foot-and-Mouth Disease, provides that the Financial Regulations of the Commission and amendments thereto are subject to confirmation by the Council; and that the Commission has adopted a consequential amendment to Rule VII of its Financial Regulations,
1. Approves the amendments to the Constitution of the European Commission for the Control of Foot-and-Mouth Disease and to the Agreements for the establishment of the Commissions for Controlling the Desert Locust in the Near East, North-West Africa and South-West Asia as set forth in Appendices K to N to this Report.
2. Confirms the amendment to Regulation VII of the Financial Regulations of the European Commission for the Control of Foot-and-Mouth Disease as shown in Appendix K,
1 C 75/REP, para. 90; CL 71/12; CL 71/REP, paras 237 and 238; CL 68/REP, para. 13; CL 72/5; CL 71/PV/12; CL 72/PV/6 ; CL 72/PV/7.
2 CL 72/5, Appendix A; a further slight modification to paragraph 4(a) of the Rules designed to reflect the intentions of the CCLM, was presented by the Chairman of the CCLM and is included in Appendix F hereto.
3 CL 72/5, paras 19-22; CL 72/PV/5; CL 72/PV/7.
4 The privileges and immunities of participants in meetings held at the Headquarters seat are covered by the Headquarters Agreement concluded between FAO and the Italian Government.
5 One delegation reserved its position.
6 Deletions in square brackets [ ], additions underlined.
7 CL 72/4 paras 2,180, 2.181 and 3.122; CL 72/5 paras 23–26; CL 72/11; C 75/REP para. 90; CL 69/REP paras 59 and 60; CL 65/REP para. 59; CL 72/PV/5; CL 72/PV/7.
8 Contained in Appendix G to this Report.
9 C 75/REP, para, 334; CL 72/4, paras, 2.183, 3.124; CL 72/5, para. 29; CL 72/15; CL 72/PV/5; CL 72/PV/6Y CL 72/PV/7.
10 CL 72/5, paras 31–36; CL 70/REP, paras 164–165; CL 72/PV/5; CL 72/PV/6; CL 72/PV/7.
11 One delegate stated that his Government abstained from this decision.
12 CL 72/5, paras 37-52 and Appendix D; CL 72/PV/5; CL 72/PV/6; CL 72/pv/7.
13 The Report of the 1976 Government Consultation on the International Plant Protection Convention is contained in document AFP: 1976/M/13.
14 Contained in Appendix J to this Report.
15 Two delegations!, however, 'reserved their position until the matter was discussed in detail by the Conference.
16 CL 72/PV/6 ; CL 72/PV/7.
17 CL 72/6; CL 72/PV/6; CL 72/PV/7.
18 C 73 REP, para. 315;C 75/REP; paras 370–373; CL 72/17; CL 72/PV/6; CL 72/PV/7.