201. The Council examined the report of the CCLM setting forth the amendments to the Agreement for the Establishment of a Regional Animal Production and Health Commission for Asia, the Far East and the South-West Pacific which had been adopted by the Commission at its Second Session (Kuala Lumpur, 1977). In accordance with the Agreement, amendments thereto required the approval of the Council and the Director-General had submitted them first to the CCLM which had recommended their approval.
202. The Council noted that the amendments were designed to give effect to Conference Resolution 10/73 relating to the participation of non-Member States in FAO bodies and meetings and to Conference Resolution 26/75 pursuant to which approval by the Director-General of the Rules of Procedure of bodies established under Article XIV of the Constitution no longer required confirmation by the Council or Conference. In addition, the amendment to Article XIV of the Agreement was also designed to provide expressly for the adoption of Financial Regulations by the Commission. In this connexion the Council noted that, in accordance with the Principles embodied in Part R of the Basic Texts, such Financial Regulations were subject to approval by the Director-General and, if he considered such Regulations to be desirable and he approved them, they were also subject to confirmation by the Council.
203. The Council concurred with the conclusion of the CCLM that the amendments to the Agreement were consistent with the Basic Texts and similar amendments adopted by other bodies established under Article XIV to give effect to Conference Resolutions 10/73 and 26/75. Accordingly the Council approved the amendments to the Agreement and adopted the following Resolution:
AMENDMENTS TO THE AGREEMENT FOR THE ESTABLISHMENT OF A REGIONAL ANIMAL PRODUCTION AND HEALTH COMMISSION FOR ASIA THE FAR EAST AND THE SOUTH-WEST PACIFIC
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,
Noting that pursuant to the aforementioned Resolutions, the Regional Animal Production and Health Commission for Asia, the Far East and the South-West Pacific had adopted amendments to the relevant Articles of the Agreement under which it had been established,
Noting further that the Commission had also adopted an amendment to Article XIV of the Agreement expressly enabling it to adopt Financial Regulations which would enter into force upon approval by the Director-General, subject to confirmation by the Council,
Considering that, under Article XVII.2 of the Agreement establishing the Commission, amendments to the Agreement require the approval of the Council,
Approves the amendments to the Agreement for the Establishment of a Regional Animal Production and Health Commission for Asia, the Far East and the South-West Pacific set forth in Appendix I.
204. In accordance with Rule XXVI-4(a) of the General Rules of the Organization (GRO), as amended by the Conference at its Nineteenth Session (1977, Resolution 15/77), the Council was informed of the qualifications and experience of the substitute representatives on the Programme Committee of the Government of the Republic of India and the Imperial Government of Iran.
205. In accordance with Rule XXVII-4(a) of the General Rules of the Organization (GRO), as amended by the Conference at its Nineteenth Session (1977, Resolution 15/77), the Council was informed of the qualifications and experience of the substitute representatives on the Finance Committee of the Government of the Kingdom of Saudi Arabia and the Government of the United Kingdom.
206. 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".
(a) Amendments to the Statutes of the Western Central Atlantic Fishery Commission
207. The Council noted that the Western Central Atlantic Fishery Commission, at its Second Session in May 1978, had pointed out that the geographic conditions prevailing in the Western Central Atlantic made it necessary for governments to cooperate in the rational utilization of living resources that were of interest to two or more countries. As the Commission could not, under Council Resolution 4/61 by which it had been established, concern itself with management and regulation of fisheries, it had decided to invite the Council to amend its Statutes so that it could, at the request of interested countries, promote the development, conservation, rational management and best utilization of fishery resources. The Commission had also pointed out that the southern boundary of its area of competence, now set at5°00' North latitude, cut across the distribution of some important fishery resources. It therefore recommended that the boundary should be extended southwards to 10°00' South latitude.
208. The Council endorsed the recommendations of the Commission and adopted the following resolution:
AMENDMENTS TO THE STATUTES OF THE WESTERN CENTRAL ATLANTIC FISHERY COMMISSION
Recalling Resolution 4/61 by which it established the Western Central Atlantic Fishery Commission arid promulgated the Commission's Statutes,
Noting that at its Second Session, in May 1978, the Commission decided unanimously to request the Council, through the Director-General, to amend its Statutes so that the Commission Could, at the request of the countries concerned, recommend measures designed to promote the development, conservation, rational management and best utilization of fishery resources,
Noting further that the Commission also requested the Council to amend its Statutes so as to extend southwards the southern boundary of the Commission's area of competence from 5°00'N to 10°00'S latitude,
Decides to amend the Commission's Statutes as follows:
Paragraph 1 of the Statutes shall read:
"1. The Commission's area of competence shall be all marine waters of the Western Central Atlantic bounded by a line drawn as follows:
From a point on the coast of South America at [5°00'N] 10°00'S latitude in a northerly direction along this coast past the Atlantic entry to the Panama Canal; thence continue along the coasts of Central and North America to a point on this coast at 35°00'N latitude; thence due east along this parallel to 42°00'W longitude; thence due north along this meridian to 36°00'N latitude; thence due east along this parallel to 40°00'W longitude; thence due south along this meridian to 5°00'N latitude; [thence due west along this parallel to the original point at 5°00'N latitude on the coast of South America]; thence due east along this parallel to 30°00'W longitude; thence due south along this meridian to the equator; thence due east along the equator to 20°00'W longitude; thence due south along this meridian to 10°00'S latitude; thence due west along this parallel to the original point at 10°00'S latitude on the coast of South America.5]
Paragraph 2 of the Statutes shall read:
"2. The terms of reference of the Commission shall be:
(b) Membership of the Advisory Committee on
Forestry Education 7
209. The Council was informed that by Resolution 42/63 8, the Twelfth Session of the Conference (1963), had authorized the Director-General to establish an Advisory Committee on Forestry Education, under Article VI, paragraph 2 of the Constitution. The terms of reference of this body were to advise the Director-General on the evolution and implementation of the FAO programmes in the field of forestry education and on the way these programmes should be developed.
210. The Council noted that under the terms of the Conference Resolution 42/63, the Director-General was authorized to select Member Nations, inviting them to appoint members of the Committee in their personal capacity on the basis of their technical competence, such selection by the Director-General being made in the light of the desirability that the Committee membership should be not less than twelve and not more than twenty, and that its composition should be representative of the different regions of the world and of countries with long-established institutions for training forestry personnel at the professional and technical levels.
211. In view of the increase in the number of forest research and training institutions and considering that Member Nations now require advice on more diversified programmes, including training for forestry industry, wildlife management, national parks management, watershed and range management, extension and forestry for local community development at the professional, technical and vocational level with emphasis on the latter two levels, the Director-General deemed it appropriate to broaden the composition and expertise of the Committee so as to enable it to provide advice in the above-mentioned areas.
212. The Council agreed with the proposal put forward by the Director-General for the increase in the membership of the Committee to a maximum of thirty members and accordingly adopted the following resolution:
MEMBERSHIP OF THE FAO ADVISORY COMMITTEE ON
Recalling that the FAO Advisory Committee on Forestry Education was established by the Director-General in 1964 under Article VI, paragraph 2 of the Constitution, on the authority of Resolution 42/63 of the Twelfth Session of the Conference,
Noting that under the terms of that Resolution the members of the Committee are appointed by Member Nations and Associate Members of the Organization selected by the Director-General in the light of the desirability that the Committee membership should not be less than 12 and not more than 20,
Noting further that there is a need to bring the membership of the Committee in line with the current nature of advice sought,
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 20,
213. The Council noted that the present text of Staff Regulation 301.111, relating to internal appeals by staff members, did not permit the Director-General to take a final decision on such appeals until he had received the advice of the Organization's Appeals Committee, set up pursuant to that Staff Regulation, Consequently, staff members could not lodge a complaint with the Administrative Tribunal of the International Labour Organisation if their case had not previously been examined by the Appeals Committee, even where such examination was considered unnecessary by the parties concerned.
214. The Council further noted that Staff Regulation 301.111 referred only to the Chairman, Alternate Chairmen and members of the Appeals Committee, and not to the alternate members, whose nomination or election corresponded to established practice pursuant to the Staff Rules.
215. The Council agreed that the Director-General should have authority to allow staff members to appeal directly to the ILO Administrative Tribunal in appropriate cases and that the Staff Regulations should lay down the composition of the Appeals Committee as a whole. It accordingly approved the following amended text of Staff Regulation 301.111 10 that had been proposed by the Director-General:
"The Director-General shall establish a Committee within the Organization to advise him in cases of appeal by individual staff members regarding a grievance arising out of disciplinary action or arising out of an administrative decision which the staff member alleges to be in conflict, either in substance or in form, with the terms of his appointment or with any pertinent Staff Regulation, Staff Rule or administrative directive. At the request of the staff member, the Director-General may render a final decision without recourse being made to the said Committee. The Committee shall consist of two members and five alternate members nominated by the Director-General, two members and five alternate members elected by the staff as a whole, and an independent Chairman appointed by the Council. The Council shall appoint two alternate Chairmen to serve when the Chairman is unavailable; if the Chairman and alternate Chairmen are unavailable, the remainder of the Committee may select an ad hoc Chairman, who shall not be a staff member.
216. The Council noted that, by virtue of Rules XXVI.9 and XXVII.9 of the General Rules of the Organization (GRO), the representatives of Members of the Programme Committee and the Finance Committee were reimbursed for travel expenses on the basis of the same criteria as those applied for the reimbursement of such expenses to representatives of Member Nations attending Council Sessions.
217. It considered the recommendation made by the Finance Committee in the Report of its Forty-First Session that Rule XXVII.9 GRO be reconsidered with a view to proposing an amendment which would make provision for the reimbursement of travel expenses actually incurred, irrespective of whether a representative came from his duty station or his capital city. The Council observed that, while the matter also concerned the Programme Committee - and thus also Rule XXVI.9 GRO - it had not been discussed by that Committee.
218. The Council decided to defer consideration of the merits of the Finance Committee's proposal. It further decided to refer the question to the Committee on Constitutional and Legal Matters (CCLM) with the request that the CCLM submit appropriate draft amendments for consideration by the Council at its next session, bearing in mind that reimbursement of travel expenses to representatives of Members of the Programme and Finance Committees should be based on the same criteria.
1CL 74/9; CL 74/PV/13; CL 74/PV/15.
2CL 74/3; CL 74/4; CL 74/5; CL 74/INF/8; CL 74/INF/10; CL 74/PV/13; CL 74/PV/15.
3CL 74/LIM/2; CL 74/PV/13; CL 74/PV/15.
4CL 74/20; CL 74/27; CL 74/PV/13; CL 74/PV/15.
5Words underlined to be added; words in square brackets to be deleted.
6Words underlined to be added; words in square brackets to be deleted,
8Resolution 42/63 is also shown in Appendix A to CL 74/20.
9CL 74/30; CL 74/PV/13; CL 74/PV/15.
10The words added to the present text are underlined.
11CL 74/PV/13; CL 74/PV/15.