115. The Council recalled that at its Eighty-seventh Session, questions had been raised as to the practice of the Organization concerning the reimbursement of travel expenses 2 in application of Rule XXV–6 of the General Rules of the Organization (GRO), reading as follows:
"The travelling expenses of the representative of each Member of the Council properly incurred in travelling, by the most direct route, from the representative's capital city or duty station, whichever is less, to the site of the Council session and return to his capital city or duty station, shall be borne by the Organization".
116. In the above connection, the Council had been informed that under Rule XXV-6 GRO the travel of the representative of each Member of the Council from his or her capital city or duty station, whichever was the less, to the site of the Council's session, was reimbursed by the Organization. The Council had "noted with concern that Rule XXV-6 GRO apparently precluded the reimbursement of the travel expenses of any member of a delegation attending the Council when a permanent Representative to the Organization residing in Rome was designated as the representative to the Council" 3. Accordingly,the Council had requested the Director-General to examine the situation and to refer the matter to the CCLM "to determine whether Rule XXV-6 GRO may be interpreted to allow reimbursement to any one member of a delegation for travel to the Council" 3. If the CCLM concluded that such an interpretation could not be sustained on the basis of the current wording of Rule XXV-6 GRO, the Council had requested the CCLM to prepare anappropriate amendment to that Rule in order to permit the reimbursement of the travel of any one member of a delegation. Finally, the Council had decided that the CCLM's conclusions (as well as those of the Finance Committee to which the matter was also to be referred) should be reviewed at its Eighty-eighth Session and, if necessary by theTwenty-third Session of the Conference.
117. The Council had before it the Report of the Forty-seventh Session of the Committee on Constitutional and Legal Matters. In this connection the Council noted that the CCLM, in order to review the interpretation to be given to Rule XXV-6 as at present in force, had examined, first of all, the past evolution of this Rule and had drawn the following conclusions:
(a) Since the establishment of the Council in 1948, Member Nations that were on the Council had been entitled to only one "representative".
(b) The provisions specifically dealing with the reimbursement of travel expenses permitted such payment only as regards the "representative" of a Member Nation, and no provision had ever been made for the reimbursement of the travel expenses of the other members of a Member Nation's delegation -i.e. alternates, associates or advisers.
118. The Council agreed with the CCLM's view that the Organization's practice, asreported to it at its Eighty-seventh Session, had been consistent with the above. Thus, travel expenses were reimbursed only when the designated representative of a Member Nation was obliged to travel from outside Italy to the Council.
119. The Council also agreed with the CCLM's conclusion that it was not legally possible to interpret Rule XXV–6 as permitting the reimbursement of the travel expenses of any one member of a delegation to the Consequently, the Council considered that amendments to the Basic Texts of the Organization would be necessary to allow such reimbursement, if Member Nations desired to effect such a change.
120. In this connection the Council endorsed the CCLM's suggestion that the above- mentioned objective could best be achieved by amending Rule XXV-6 GRO as follows (words deleted are in square brackets, words added are underlined): "
"The travelling expenses of [the representative of] not more than one memberof the delegation of each [Member of] Member Nation on the Council properly incurred in travelling, by the most direct route, from the [representative's) member's capital city or duty station, whichever is less, to the site of the Council's session and return to his or her capital city or duty station, shall be borne by the Organization".
121. One member, however, stated that he opposed the proposal to amend Rule XXV–6 GRO in the manner indicated above because, although this would not affect the budget level, it would involve an increase in expenditures for purposes which did not meet with his Government's approval.
122. The Council further noted that Rule VII–2 of its Rules of Procedure envisaged that Member Nations on the Council were responsible for all travel and other expenses incurred by alternates, associates and advisers. In fact, this provision read as follows:
"The respective governments shall be responsible for allowances of their representatives while in attendance at the meeting, and shall also be responsible for all travel and other expenses incurred by alternates, associates and advisers".
123. The Council considered that, if the Conference were to amend Rule XXV–6 GRO in the manner indicated in paragraph 6 above, a consequential amendment to Rule VII–2 of its Rules of Procedure would be needed, so as to make it possible for the Organization to bear the travel expenses of an alternate, associate or adviser. In particular, the Council endorsed the CCLM's suggestion that Rule VII–2 of its Rules of Procedure be amended as follows (words added are underlined):
"The respective governments shall be responsible for allowances of their representatives while in attendance at the meeting and, subject to Rule XXV–6 of the General Rules of the Organization, shall also be responsible for all travel and other expenses incurred by representatives, alternates, associates and advisers".
124. In conclusion, the Council recommended to the Conference that it adopt the following draft Resolution, prepared by the Committee on Constitutional and Legal Matters:
DRAFT RESOLUTION FOR THE CONFERENCE
AMENDMENT TO RULE XXV-6 OF THE GENERAL RULES OF THE ORGANIZATION
THE CONFERENCE,
Noting that the Council, at its Eighty-seventh Session (June 1985) considered that the General Rules of the Organization should permit the reimbursement of the travelling expenses of any one member of a delegation representing a Member of the Council at Council Sessions;
Noting further that, in order to achieve this purpose, the Council, at its Eighty-eighth Session (November 1985), endorsed a draft amendment to Rule XXV-6 of the General Rules of the Organization prepared by the CCLM;
1. Decides to amend Rule XXV–6 of the General Rules of the Organization to read as follows:
"The travelling expenses of the [the representative of] not more than one member of the delegation of each [Member of] Member Nation on the Council properly incurred in travelling, by the most direct route, from the [representative's] member's capital city or duty station, whichever is less, to the site of the Council's session and return to his or her capital city or duty station, shall be borne by the Organization". (Words deleted are in square brackets, words underlined are added.)
2. Invites the Council to amend Rule VII–2 of its Rules of Procedure in the manner recommended by the CCLM in order to bring that provision in line with the above amendment to Rule XXV-6 of the General Rules of the Organization.
125. 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.
126. As provided for in Rule XXVI-4(a) of the General Rules of the Organization, the Council was advised that Thomas Yanga had replaced Felix Sabal Lecco as the representative of Cameroon, and that C.E. Maynard had replaced Fozlo Brewster as the representative of Barbados at the Forty-ninth Session of the Programme Committee.
127. The Council expressed its sincere thanks for the services of Felix Sabal Lecco and Fozlo Brewster, and took note of the qualifications and experience of the substitutes.
1 CL 88/5; CL 88/4, paras. 3.105 - 3.108; CL 88/PV/6; CL 88/PV/7.
2 CL 87/REP, para. 254.
3 CL 87/REP, para. 255.
4 CL 88/1NF/5; CL 88/PV/6; CL 88/PV/7.
5 CL 88/INF/9; CL 88/PV/6; CL 88/PV/7.
