186. The Council recalled that, at its Seventy-Fourth Session in November/December 1978, acting on the recommendations of the Thirty-Fifth Session of the Programme Committee in November 1978, it had agreed to:
"(a) Request the Regional Conferences carefully to review the functioning of the regional bodies in the respective Regions with a view to determining if they were functioning effectively in the service of the member countries, and consequently to recommend necessary measures; and
(b) Propose to the Conference that it adopt a resolution, to be added to the Basic Texts (Volume II) to provide guidelines for the establishment of bodies under Articles VI, XIV and XV of the Constitution, the action paragraph of which might be along the following lines:
"Henceforth, any proposal to establish a new body under Articles VI, XIV and XV of the Constitution shall be accompanied by a document prepared by the Director-General setting forth in detail:
(i) the objectives that are to be achieved through the establishment of the body;
(ii) the manner in which the body will carry out its functions and any impact that its creation may have on the current or future programmes;
(iii) the financial implications of the establishment of the body for the current biennium, as well as a forecast of the financial implications for the future biennia.
The Conference or, as appropriate, the Council shall consider the document referred to above before approving or authorizing the establishment of any new body under Articles VI, XIV or XV of the Constitution."2
187. At its Seventy-Fourth Session, the Council had further
"requested that the Committee on Constitutional and Legal Matters [CCLM] examine both the wording of the proposed action paragraph and the most appropriate manner of incorporating into the Basic Texts" 3 and had also requested the CCLM to consider the question whether provision could be made in the Basic Texts for the abolition of those bodies which were either inactive or had outlived their usefulness". 4
188. The Council noted that, in its review of these matters, the CCLM had examined the existing provisions of the Basic Texts. Because the relevant provisions were set out in diverse sections of the Basic Texts, the CCLM was of the opinion that it would be appropriate to deal with these changes by Conference resolution, which would, in effect, supplement the existing provisions set out in the various sections of the Basic Texts.
189. The Council noted further that the CCLM, in preparing the draft Conference resolution set out in Appendix A of its Report, 5 had first considered the additional procedures relating to the establishment of Article VI, XIV and XV bodies. In view of the differences in the procedures to be followed for the establishment of these bodies, depending on the categories to which they belonged, the CCLM had found it necessary to deal with them in separate provisions of the draft resolution. The same method was adopted by the CCLM in considering the second question, relating to the procedure that may be adopted for the abolition of Article VI, XIV and XV bodies which were inactive or had outlived their usefulness.
190. The Council, having carefully considered the detailed report of the CCLM, 5 concurred with the conclusions reached by the CCLM and accordingly recommended the following draft resolution for adoption by the Conference:
THE CONFERENCE,
Noting that at its Seventy-Fourth Session the Council recommended that the Conference adopt a resolution to the effect that any proposal to establish a new body under Articles VI, XIV or XV of the Constitution should be accompanied by a document prepared by the Director- General, setting forth certain details for consideration by the Conference or Council as appropriate, before authorizing the establishment of any new body under those Articles of the Constitution; and
Noting further that the Council requested the Committee on Constitutional and Legal Matters (CCLM) to examine the wording of a proposed operative paragraph of such resolution, and also to consider the question whether provisions could be made in the Organization's Basic Texts for the abolition of bodies established under Articles VI, XIV, or XV, which were either inactive or had outlived their usefulness; and
Considering that the Council had examined these matters at its Seventy-Fifth Session in the light of the CCLM's report thereon;
Concurring with the recommendations of the Seventy-Fifth Session of the Council;
1. Decides that the following procedures shall be followed in connexion with the , establishment of new bodies under Articles VI, XIV, or XV.
(i) Any proposal to establish a new body under Articles VI, XIV or XV of the Constitution shall be accompanied by a document prepared by the Director-General setting forth in detail:
(a) the objectives that are to be achieved through the establishment of the body;
(b) the manner in which the body will carry out its functions and any impact that its creation may have on the current or future programmes;
(c) the financial implications of the establishment of the body for the current biennium, as well as a forecast of the financial implications for the future biennia.
(ii) (a) Before approving or authorizing the establishment of any new body under Article VI of the Constitution, the Conference or as appropriate the Council shall consider the document referred to in paragraph (i) above.
(b) Where the Director-General establishes a body, under the authority provided for in paragraph 6 of Article VI of the Constitution, he shall submit to the Council the document described in paragraph (i) above, together with his report on the action taken in accordance with paragraph 6 of Article VI.
(iii)(a) Before a technical meeting or conference comprising Member Nations participates in the drawing up of a draft convention or agreement for submission to the Council or Conference as foreseen in paragraph 3(a) of Article XIV of the Consti-tution, such technical meeting or conference shall consider the document referred to in paragraph (i) above.
(b) Where, after consideration of such document, the technical meeting or conference suggests to the Conference or Council that the convention or agreement be approved and submitted to Member Nations concerned for acceptance, the Conference or Council shall consider the document referred to in paragraph (i) above, appropriately revised as necessary, before approving the convention or agreement.
(iv) (a) Before the Conference takes any policy decision as to whether the Director-General should be authorized to negotiate an agreement as foreseen under paragraph 2 of Article XV, the Conference shall consider the document referred to in paragraph (i) above.
(b) Where, after consideration of such document, the Conference authorizes the Director-General to negotiate an agreement, the Conference or Council before approving such agreement in accordance with paragraph 3 of Article XV shall consider the document referred to in paragraph (i), appropriately revised as necessary.
2. Requests the Regional Conferences to review carefully the functioning of the regional bodies in their respective Regions with a view to determining whether they are functioning effectively in the service of Member Nations, and to recommend any necessary measures in that connexion.
3. Requests the Director-General to keep the activities of bodies established under Articles VI, XIV or XV under review in the light of their reports, and, if he is of the opinion that such a body is either inactive or has outlived its usefulness, to recommend that the Council or Conference:
(i) exercise its authority to abolish bodies established under Article VI or subsidiary bodies thereof;
(ii) invite States, parties to conventions or agreements concluded under Article XIV or XV, to consider terminating such convention or agreement by withdrawal in accordance with the relevant provisions thereof;
(iii) exercise its authority to effect the withdrawal of the Organization from bodies established under Article XV.
4. Requests the Director-General to include the present Resolution in Section R of Volume II of the Basic Texts of the Organization.
191. The Council recalled that it had considered at its Seventy-Fourth Session 6 a proposal by the Finance Committee 7 to modify Rule XXVII.9 regarding the reimbursement of travel expenses for representatives of Members of that Committee. Under that provision representa-tives of Members of the Finance Committee are reimbursed for travel expenses on the same basis as representatives of Members of the Council. The Finance Committee had noted that this might result in part of the actual travel cost not being reimbursed and recommended an amendment so as to permit full reimbursement of travel costs properly incurred irrespective of the place of the duty station. The Council noted that a similar provision applied to representatives of Members of the Programme Committee and that since that Committee had not considered the matter, decided to defer further consideration until such time as the Programme Committee could review it, and to request CCLM to submit appropriate draft amendments.
192. The Council noted the reports of the Programme Committee 1 and the CCLM 9 and agreed that Rules XXVI.9 and XXVII.9 should be amended to the effect that representatives of Members of both Committees would be reimbursed for travel expenses from their duty stations to Rome and return to their duty stations.
193. The Council accordingly recommended the following draft resolution for adoption by the Conference:
THE CONFERENCE,
Considering 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 have been 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,
Noting that the Council at its Seventy-Fourth Session (November-December 1978) after preliminary consideration of the desirability of modifying the aforementioned provisions, had requested the CCLM to draft appropriate amendments to the identical text of Rules XXVI.9 and XXVII.9 (GRO),
Considering further that the Council at its Seventy-Fifth Session (June 1979), after examining this question, endorsed the recommendations of the Programme and Finance Committees that Rules XXVI.9 and XXVII.9 be amended to make provision for the reimbursement of travel expenses properly incurred by a representative for travelling by the most direct route from the duty station to the site of the Committee session and for returning to the duty station,
Noting further that the Council at its Seventy-Fifth Session endorsed the draft amendments prepared by the CCLM,
Having examined the draft amendments prepared by the CCLM and endorsed by the Council,
Decides to amend the text of Rules XXVI.9 and XXVII.9 of the GRO as follows: 10
"Representatives of Members of the Committee shall be reimbursed for the cost of their travel expenses, [on the basis of the criteria laid down in Rule XXV, paragraph 6 of these Rules] properly incurred in travelling, by the most direct route, from their duty station to the site of the Committee session and return to their duty station. They shall also be paid a subsistence allowance while attending sessions of the Committee, in accordance with the travel regulations of the Organization".
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194. The Council considered draft amendments to the Plant Protection Agreement for the South East Asia and Pacific Region. These amendments had been decided in September 1978 by the Plant Protection Committee established by the Agreement, had been reviewed by the CCLM and had been presented by the Director-General to the Council, for its approval in accordance with Article IX.2 of the Agreement. They consisted of the deletion of the words "South East" in the designation "South East Asia and Pacific Region", and of a change in the name of the Committee to read "Asia and Pacific Plant Protection Commission".
195. The Council noted that, in the opinion of the CCLM, the proposed amendments related to nomenclature and did not affect the substance of the Agreement.
196. Following the recommendation of the CCLM, the Council decided to approve the amendments and adopted the following resolution:
Resolution 5/75
THE COUNCIL,
Noting that the Plant Protection Committee for the South East Asia and Pacific Region, at its Eleventh Session (Kathmandu, September 1978), had decided to propose certain amendments to the Agreement under which it had been established,
Noting further that, in accordance with Article IX.2 of the Agreement, the Director-General had submitted the amendments to the Council for approval,
Approves the amendments to the Agreement as set forth in Appendix G to this report.
197. The Council examined the report of the Committee on Constitutional and Legal Matters recommending the approval of amendments to the Constitution and the French version of the General Rules of the Organization. The Council noted that these amendments, appearing in Appendix C of the CCLM report, are intended to improve the French version of the texts concerned and to correct a mistake in terminology in Article IV.2 appearing also in the other versions of the Constitution. Consequently the Council proposed the following draft resolution for adoption by the Conference:
THE CONFERENCE,
Recalling Article XX of the Constitution authorizing the Conference to amend this Constitution,
Having noted the recommendations adopted by the Council at its Seventy-Fifth Session regarding amendments to the Constitution and to the French version of the General Rules of the Organization,
Noting that the proposed amendments recommended by the Council are intended to improve the French version of the texts concerned and to correct a mistake in terminology in Article IV.2 appearing also in the other versions of the Constitution,
Adopts the amendments to the Constitution and to the General Rules of the Organization as they are set out in Appendix H to this report.
198. The Council had before it the French and Spanish versions of the Agreement, which had been established by agreement between the FAO and IFAD Secretariats in accordance with Council Resolution 3/72.
199. The Council recalled that the English version of the Agreement had been approved at its Seventy-Second Session.
200. Concern was expressed at the fact that, when approving the Agreement in 1977, IFAD's Executive Board had before it a Spanish version which was not identical with the one contained in document CL 75/15. Furthermore, the Arabic version contained in Appendix H to the report of the Seventy-Second Session of the Council had not been finalized.
201. Although the Agreement had been negotiated and signed in its English version, it was felt that all language versions should be in strict conformity with one another.
202. It was accordingly agreed that versions in all FAO and IFAD languages should be established in consultation between the Secretariats of both organizations and submitted to the Council at a later session.
203. The Council noted that at the Thirteenth FAO Regional Conference for Asia and the Far East in Manila in 1976, and subsequently, the governments of this region had urged that a change be made in the titles of both the Regional Conference and the Regional Office. These changes in title would reflect the geographical reality of the region, the actual membership of governments in the Regional Conference and, in addition, the new titles would correspond with those of other regional bodies.
204. The Council therefore agreed that the title of this Regional Conference be changed to FAO Regional Conference for Asia and the Pacific and that of the Regional Office to Regional Office for Asia and the Pacific (RAPA), and invited the Conference to endorse these changes in title.
205. In accordance with Rule XXVI–4(a) of the General Rules of the Organization (GRO), the Council was informed of the qualifications and experience of the substitute representatives on the Programme Committee of the Government of the Federative Republic of Brazil and the Government of. the Islamic Republic of Pakistan.
206. The Council was informed that the Independent State of Western Samoa had applied for membership in the Organization.
207. Pending a decision by the Conference on this application, the Council, acting in pursuance of Rule XXV-11 GRO and paras. B-l, 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 Independent State of Western Samoa to participate in an observer capacity at appropriate Council meetings, as well as at regional and technical meetings of the Organization of interest to it.
1 CL 75/5; CL 75/PV/13; CL 75/PV/18.
2 CL 74/REP, para. 187.
3 CL 74/REP, para. 188.
4 CL 74/REP, para. 189.
5 CL 75/5.
6 CL 74/REP, paras. 216-218.
7 CL 74/4, para. 113.
8 CL 75/4, paras. 2.172-2.174.
9 CL 75/5, paras. 22-27.
10 Deletions in square brackets [ ]; additions underlined.
11 CL 75/15; CL 75/LIM/3; CL 75/PV/13; CL 75/PV/18.
12 CL 75/16; CL 75/PV/13; CL 75/PV/18.
13 CL 75/INF/7; CL 75/PV/13; CL 75/PV/18.
14 CL 75/PV/1; CL 75/PV/17.
