| CL 117/5
|
| CL 117/5
|
Hundred and Seventeenth Session |
Rome, 9 - 11 November 1999 |
REPORT OF THE SEVENTIETH SESSION OF THE COMMITTEE ON CONSTITUTIONAL AND LEGAL MATTERS (CCLM) |
Rome, 27 - 28 September 1999 |
III. AMENDMENTS TO THE PLANT PROTECTION AGREEMENT FOR THE ASIA AND PACIFIC REGION
V. COOPERATION AGREEMENT WITH THE LAKE VICTORIA FISHERIES ORGANIZATION (LVFO)
VIII. USE OF GENDER-NEUTRAL LANGUAGE IN THE BASIC TEXTS
1. The Seventieth Session of the Committee on Constitutional and Legal Matters (CCLM) was held on 27 and 28 September 1999. All the Members of the Committee, as listed below, were represented:
Czech Republic, Democratic People's Republic of Korea, Dominican Republic, France, Malta, Senegal and the United States of America.
2. The CCLM recalled that the FAO Council, at its Forty-eighth Session in June 1967, adopted Resolution 2/48 by which it established the Indian Ocean Fishery Commission (IOFC) under Article VI.1 of the FAO Constitution and adopted the IOFC Statutes. These statutes provided, inter alia, that the Commission might establish subsidiary bodies. Over the years, the Commission established four committees, including the Committee for the Development and Management of the Fisheries Resources of the Gulfs (the Gulfs Committee).
3. The CCLM further recalled that the FAO Council, at its Hundred and Sixteenth Session in June 1999, had abolished the Indian Ocean Fishery Commission and all its subsidiary bodies, including the Gulfs Committee. At that time, the Council had encouraged the members of the Gulfs Committee to proceed with the process for its re-establishment as a Commission under Article XIV of the FAO Constitution. A Technical Meeting on the future of the Committee, held in May 1998, had already agreed on a draft Agreement for the establishment of the new body under Article XIV. Problems had arisen, however, over the name of the proposed new Commission, and the task of seeking agreement on a new name had been entrusted to the Secretariat.
4. The CCLM considered that the generic name proposed as a result of those consultations was not fully satisfactory as it did not clearly identify the new body. Nevertheless, it recognized that the proposed name, which includes the acronym RECOFI, reflected, in the circumstances, a reasonable compromise.
5. The CCLM noted that the contributions of the members would be utilized only for cooperative activities, while the Secretariat's expenses would be covered by the Organization within the limits of the support hitherto provided to the Gulfs Committee under the Regular Programme.
6. The CCLM recommended the deletion of paragraph 5 of Article X of the Agreement as being duplicative of a similar provision in paragraph 1 of that Article. It also expressed some concern at the provisions of Articles XIII and XIV, which proposed that Members and Associate Members of the Organization could become parties to the agreement by signature without ratification, or by depositing an instrument of acceptance. The CCLM was of the considered opinion that the presentation of both options was confusing and not in line with current FAO practice. It therefore recommended that only the option of acceptance be retained.
7. The CCLM recommended further minor editorial changes to the draft Agreement.
Recommended action
8. The CCLM confirmed that the spirit of Rule XXI of the General Rules of the Organization had been respected as concerns the proposed draft Agreement for the Establishment of the Regional Commission for Fisheries (RECOFI). It considered the draft Agreement, as attached to this report at Appendix A, to be in proper legal form and consistent with the Basic Texts of the Organization. The CCLM recommended that the draft agreement be formally approved by the Council at its Hundred and Seventeenth Session in November 1999 under the attached draft Resolution. Following such approval, the Agreement will be circulated to the FAO Members entitled to join the Commission, and will enter into force as from the date of deposit of the third instrument of acceptance.
9. The CCLM recalled that the Plant Protection Agreement for the Asia and Pacific Region (formerly the Plant Protection Agreement for the South-east Asia and Pacific Region) had been approved by the FAO Council at its Twenty-third Session in November 1955 and had entered into force on 2 July 1956, and that several amendments to the Agreement had been subsequently approved by the FAO Council: in 1967, in 1979 and in 1983.
10. The CCLM noted that the Asia and Pacific Plant Protection Commission (APPPC), at its Twenty-first Session in July 1999, adopted, by consensus, a resolution proposing two sets of amendments to the Agreement (Appendix B). These amendments were designed to bring the Agreement into line with the revised Text of the International Plant Protection Convention (IPPC), adopted by the FAO Conference at its Twenty-ninth Session in November 1997 and the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), as well as with modern requirements for plant protection. Both sets of amendments were based on proposals made during the course of an Intergovernmental Consultation on the revision of the Plant Protection Agreement for the Asia and Pacific Region held in Bangkok in February 1999.
11. The CCLM noted that the second set of amendments provided for the deletion from the Agreement of the detailed measures to exclude South American Leaf Blight of Hevea from the Region, as set out in Article XIV and Appendix B of the Agreement. It also noted the statement by the rubber-producing countries at the Twenty-first Session of the APPPC that they would accept this second set of amendments only at such time as a satisfactory regional standard dealing with South American Leaf Blight had been adopted by the Commission, whether on a interim or final basis. To this effect, the APPPC, representing the Contracting Parties to the Agreement, had, by consensus, requested the Director-General, as Depositary of the Agreement, not to circulate the second set of amendments for acceptance until such time as he is notified by the Secretary of the APPPC that such a satisfactory regional standard on South American Leaf Blight of Hevea has been adopted by the APPPC.
12. In considering the amendments proposed by the APPPC, the CCLM suggested changes to paragraph 3 of Article V to bring the first sentence into consistency with the second sentence, on the understanding that it was the intention of the APPPC to propose that sessions of the Commission be convened by the Chairperson in consultation with the Director-General of the Organization. It also noted that the second set of amendments should also provide for deletion of the reference to Appendix B in paragraph 1 of Article XVII of the Agreement.
13. The CCLM recalled that, in accordance with Article IX of the Agreement, proposed amendments are to be submitted through the Commission to the FAO Council for its approval, and will enter into force with respect to all Contracting Governments as from the thirtieth day after acceptance by two-thirds of the Contracting Governments. Amendments involving new obligations for Contracting Governments, however, shall come into force in respect of each Contracting Government only on acceptance by it and as from the thirtieth day after such acceptance.
Recommended action
14. The CCLM examined the proposed amendments to the Plant Protection Agreement for the Asia and Pacific Region, as attached to this Report as Appendix B, considered them to be in proper legal form and consistent with the Basic Texts of the Organization, and recommended that such amendments be approved by the Council at its Hundred and Seventeenth Session. The CCLM concluded also that such amendments did not involve new obligations for the Contracting Governments and they should therefore come into force with respect to all Contracting Governments as from the thirtieth day after acceptance by two-thirds of the Contracting Governments.
15. The CCLM recalled that the Governing Council of INFOP�CHE, at its Fifth Regular Session in May 1998, decided to propose to the Organization a Cooperation Agreement under Article XIII of the FAO Constitution.
16. The CCLM considered that FAO should, as far as possible, use INFOP�CHE as an executing agency for fishery marketing projects, in line with the other cooperation agreements presented to the CCLM for its endorsement, and, consequently, suggested the amendment of the draft cooperation agreement accordingly. The CCLM also recommended that the FAO Regional Office for Africa be involved in the cooperation with INFOP�CHE.
Recommended action
17. The CCLM reviewed the text of the draft Cooperation Agreement, as attached to this Report as Appendix C, and considered it to be in proper legal form and consistent with the Basic Texts of the Organization, in particular with Conference Resolution 69/59. The CCLM recommended that the draft be submitted to the Council, at its Hundred and Seventeenth Session in November 1999, for approval and subsequently to the Conference, at its Thirtieth Session also in November 1999, for confirmation.
18. The CCLM recalled that the Council of Ministers of the Lake Victoria Fisheries Organization, at its Second Regular Session in November 1998, proposed to FAO that a Cooperation Agreement be concluded between FAO and LVFO under Article XIII of the FAO Constitution.
Recommended action
19. The CCLM reviewed the text of the draft Cooperation Agreement, as attached to this Report as Appendix D, and considered it to be in proper legal form and consistent with the Basic Texts of the Organization, in particular with Conference Resolution 69/59. The CCLM recommended that the draft be submitted to the Council, at its Hundred and Seventeenth Session in November 1999, for approval and subsequently to the Conference, at its Thirtieth Session also in November 1999, for confirmation.
20. The CCLM recalled that the General Assembly of INFOPESCA, at its Third Regular Session in February 1999, decided to propose to the Organization a Cooperation Agreement under Article XIII of the FAO Constitution.
Recommended action
21. The CCLM reviewed the text of the draft Cooperation Agreement, as attached to this Report as Appendix E, and considered it to be in proper legal form and consistent with the Basic Texts of the Organization, in particular with Conference Resolution 69/59. The CCLM recommended that the draft be submitted to the Council, at its Hundred and Seventeenth Session in November 1999, for approval and subsequently to the Conference, at its Thirtieth Session also in November 1999, for confirmation.
22. The CCLM recalled that the Programme Committee, at its Eighty-first Session in May 1999, in considering the Programme Evaluation Report for 1998-99, "requested that proposals of Secretariat regarding the handling of the semi-commercial products eventually developed under the FAO programmes be presenteed for the Guidance of the Governing Bodies"1. The CCLM further recalled that, in response to the request of the Programme Committee, a set of proposals were prepared for the consideration of the Finance Committee, at its Ninety-third Session in September 1999. It took note that such proposals recommended extending the scope of Financial Regulation 6.9 to provide for a new Revolving Fund for FAO Products and Related Services other than Information Products and that such extension would require an amendment to Financial Regulation 6.9, and a consequential amendment to Financial Regulation 7.1, to be adopted by the FAO Conference.
23. The CCLM discussed the desirability of including a definition of the term "FAO Products and Related Services" in the amendments to Financial Regulation 6.9, in order to restrict, in some way, the scope of the proposed new Revolving Fund. However, it appreciated the difficulty of drafting such a definition. In this connection, the CCLM noted the comments of the Finance Committee to the effect that the development of such FAO innovated products should continue to be related to the achievement of the institutional objectives of the Organization, that the Organization should not be tempted to duplicate the role of the private commercial sector and that arrangements for the exploitation of such products should be in line with the aims of the Organization, such as ensuring that such products are made widely available to developing countries or sectors at accessible prices. The CCLM felt that these restrictive comments should be incorporated into the draft Conference Resolution, together with the wish expressed by the Finance Committee to monitor the implementation of the new revolving fund and to receive periodical reports to that effect.
Recommended action
24. The CCLM, taking into account the views of the Finance Committee, considered the proposed amendments to Financial Regulations 6.9 and 7.1, as attached to this Report as Appendix F, and considered them to be in proper legal form and consistent with the Basic Texts of the Organization. The CCLM recommended that the draft amendments and the covering draft resolution be submitted to the Council, at its Hundred and Seventeenth Session in November 1999, for endorsement and subsequently to the Conference, at its Thirtieth Session also in November 1999, for approval.
25. The CCLM noted that the English language version of the Basic Texts of FAO contains many examples of language that refers to one gender only. It further noted that this should not cause any substantive legal problems inasmuch as it would be assumed, in accordance with generally accepted rules of interpretation, that the use of the masculine gender includes the feminine gender when referring to office-holders.
Recommended action
26. The CCLM considered various options and recommended that the Conference resolve that, in the Basic Texts, the use of one gender shall be considered as including a reference to the other unless the context otherwise requires and adopt the attached draft Conference Resolution to that effect (Appendix G).
27. The CCLM noted with concern that the documents were not distributed at the same time in all languages of the Committee, and that the quality of the translated versions was not always fully satisfactory, even though they were available only a few days before the meeting. In this connection, the CCLM stressed that the rules of the Organization regarding the distribution of documents should be respected and the quality of translations monitored by the FAO Secretariat in accordance with the Council decision at its Hundred and Sixteenth Session in June 1999.
28. At the request of the CCLM, the members of the Committee were informed on the technical assistance activities of the Development Law Service in the area of national legislation on food and agriculture.
DRAFT COUNCIL RESOLUTION
Resolution ../117
Agreement for the Establishment of the Regional Commission for Fisheries (RECOFI)
THE COUNCIL,
Recalling that a draft agreement for the establishment of a regional commission for fisheries to replace the Committee for the Development and Management of the Fisheries Resources of the Gulfs (the Gulfs Committee), subsidiary body of the FAO Indian Ocean Fishery Commission (IOFC), was submitted to a technical Meeting, convened in accordance with Article XIV.3(a) of the FAO Constitution, which met in Teheran from 3 to 5 May 1998;
Noting that when abolishing the Indian Ocean Fishery Commission and all its subsidiary bodies, at its Hundred and Sixteenth Session, in June 1999, the Council encouraged the Gulfs Committee to proceed with the process for its establishment as an Article XIV body under the FAO Constitution;
Taking note that the draft agreement was further considered by the Committee on Constitutional and Legal Matters at its Seventieth Session held in September 1999;
Having examined the text of the draft Agreement for the Establishment of the Regional Commission for Fisheries (RECOFI) as submitted to the Council by the Committee on Constitutional and Legal Matters;
Approves , in accordance with Article XIV-2(a) of the Constitution of FAO, the text of the Agreement for the Establishment of the Regional Commission for Fisheries (RECOFI) reproduced as Appendix... to this Report for submission to Members concerned with a view to their acceptance.
DRAFT AGREEMENT FOR THE ESTABLISHMENT OF THE REGIONAL COMMISSION FOR FISHERIES (RECOFI)
PREAMBLE
The Government of the State of Bahrain,
The Government of the Islamic Republic of Iran,
The Government of the Republic of Iraq,
The Government of the State of Kuwait,
The Government of the Sultanate of Oman,
The Government of the State of Qatar,
The Government of the Kingdom of Saudi Arabia,
The Government of the United Arab Emirates
Taking account of the relevant provisions of the United Nations Convention on the Law of the Sea which entered into force on 16 November 1994 (hereafter referred to as the United Nations Convention) and which requires all members of the international community to cooperate in the conservation and management of the living marine resources,
Noting the objectives and purposes stated in Chapter 17 of Agenda 21 adopted by the United Nations Conference on Environment and Development in 1992 and the Code of Conduct for Responsible Fisheries adopted by the FAO Conference in 1995,
Noting also that other international instruments have been negotiated concerning the conservation and management of certain fish stocks,
Having a mutual interest in the development and proper utilization of the living marine resources in the sea area, with the exception of internal waters, in the region defined in Article IV, hereinafter referred to as "the Area", and desiring to further the attainment of their objectives through international cooperation which would be furthered by the establishment of a Fisheries Commission,
Recognizing the importance of fisheries conservation and management in the Area and of promoting cooperation to that effect,
Agree as follows:
ARTICLE I
The Commission
1. The Contracting Parties hereby establish within the framework of the Food and Agriculture Organization of the United Nations (hereinafter referred to as "the Organization") a Commission to be known as "The Regional Commission for Fisheries (RECOFI)" (hereinafter referred to as "RECOFI" or "the Commission"), for the purpose of exercising the functions and discharging the responsibilities set forth in Article III below.
2. Membership in RECOFI shall be open to Members and Associate Members of the Organization and such non-member States of the Organization as are Members of the United Nations, or any of its Specialized Agencies or the International Atomic Energy Agency that are coastal States or Associate Members which territories are situated wholly or partly within the Area defined in Article IV, that accept this Agreement in accordance with the provisions of Article XIII.
3. As regards Associate Members, this Agreement shall, in accordance with the provisions of Article XIV-5 of the FAO Constitution and Rule XXI-3 of the General Rules of the Organization, be submitted by the Organization to the authority having responsibility for the international relations of such Associate Members.
ARTICLE II
Organization
1. Each Member shall be represented at sessions of the Commission by one delegate, who may be accompanied by an alternate and by experts and advisers. Participation in meetings of the Commission by alternates, experts, and advisers shall not entail the right to vote, except in the case of an alternate who is acting in the place of a delegate during his absence.
2. Each Member shall have one vote. Decisions of the Commission shall be taken by a majority of the votes cast, except as otherwise provided by this Agreement. A majority of the total membership of the Commission shall constitute a quorum.
3. The Commission shall elect a Chairperson and two Vice-Chairpersons.
4. The Chairperson of the Commission shall normally convene a regular session of the Commission every year unless otherwise directed by a majority of the Members. The site and date of all sessions shall be determined by the Commission in consultation with the Director-General of the Organization.
5. The seat of RECOFI shall be at the seat of the FAO Regional Office for the Near East in Cairo. However, RECOFI, after consultation with the Director-General of the Organization, may decide to choose, at its own expense, another location within the Area.
6. The Organization shall provide the Secretariat of the Commission and the Director-General shall appoint its Secretary, who shall be administratively responsible to him.
7. The Commission may, by a two-thirds majority of its membership, adopt and amend its own Rules of Procedure provided that such Rules of Procedure or the amendments thereto are not inconsistent with this Agreement or with the Constitution of the Organization.
8. The Commission may, by a two-thirds majority of its membership, adopt and amend its own Financial Regulations, provided that such Regulations shall be consistent with the principles embodied in the Financial Regulations of the Organization. Such Regulations shall be reported to the Finance Committee of the Organization which shall have the power to disallow such Financial Regulations or amendment if it finds that they are inconsistent with the principles embodied in the Financial Regulations of the Organization.
ARTICLE III
Functions
1. The purpose of RECOFI shall be to promote the development, conservation, rational management and best utilization of living marine resources, as well as the sustainable development of aquaculture in the Area, and to these ends it shall have the following functions and responsibilities:
(i) for the conservation and rational management of living marine resources, including measures:
- regulating fishing methods and fishing gear,
- prescribing the minimum size for individuals of specified species,
- establishing open and closed fishing seasons and areas,
- regulating the amount of total catch and of fishing effort and their allocation among Members,(ii) for the implementation of these recommendations;
2. When formulating and recommending measures under paragraph 1 b) above, the Commission shall apply the precautionary approach to conservation and management decisions, and take into account also the best scientific evidence available and the need to promote the development and proper utilisation of the marine living resources.
ARTICLE IV
Area
The Commission shall carry out the functions and responsibilities set forth in Article III in the region bounded in the south by the following rhumb lines: from Ras Dhabat Ali in (16� 39'N, 53� 3'30"E) then to a position in (16� 00'N, 53� 25'E) then to a position in (17� 00'N, 56� 30'E) then to a position in (20� 30'N, 60� 00'E) then to Ras Al-Fasteh in (25� 04'N, 61� 25'E).
ARTICLE V
Recommendations on Management Measures
1. The recommendations referred to in Article III, paragraph 1 b), shall be adopted by a two-thirds majority of Members of the Commission present and voting. The text of such recommendations shall be communicated by the Chairperson of the Commission to each Member.
2. Subject to the provisions of this Article, the Members of the Commission undertake to give effect to any recommendations made by the Commission under Article III, paragraph 1 b), from the date determined by the Commission, which shall not be before the period for objection provided for in this Article has elapsed.
3. Any Member of the Commission may within one hundred and twenty days from the date of notification of a recommendation object to it and in that event shall not be under obligation to give effect to that recommendation. A Member may at any time withdraw its objection and give effect to a recommendation.
4. The Chairperson of the Commission shall notify each Member immediately upon receipt of each objection or withdrawal of objection.
ARTICLE VI
Reports
The Commission shall transmit, after each session, to the Director-General of the Organization, a report embodying its views, recommendations and decisions, and make such other reports to the Director-General of the Organization as it may deem necessary or desirable. Reports of the committees and working groups of the Commission provided for in Article VII of the Agreement shall be transmitted to the Director-General of the Organization through the Commission.
ARTICLE VII
Committees, Working Groups and Specialists
1. The Commission may establish temporary, special or standing committees to study and report on matters pertaining to the purposes of the Commission and working groups to study and recommend on specific technical problems.
2. The committees and working groups referred to in paragraph 1 above shall be convened by the Chairperson of the Commission at such times and places as are determined by the Chairperson in consultation with the Director-General of the Organization, as appropriate.
3. The establishment of committees and working groups referred to in paragraph 1 above and the recruitment or appointment of specialists shall be subject to the availability of the necessary funds in the relevant chapter of the approved budget of the Commission. Before taking any decision involving expenditures in connection with the establishment of committees and working groups and the recruitment or appointment of specialists, the Commission shall have before it a report from the Secretary of the Commission on the administrative and financial implications thereof.
ARTICLE VIII
Cooperation with International Organizations
The Commission shall cooperate closely with other international organizations in matters of mutual interest. On the proposal of the Secretary of the Commission, observers of these organizations may be invited by the Commission to attend sessions of the Commission or meetings of the committees or working groups.
ARTICLE IX
Finances
1. Each Member of the Commission undertakes to pay annually its share of the budget for cooperative activities, in accordance with a scale of contributions to be adopted by the Commission.
2. At each regular session, the Commission shall adopt its budget by consensus of its Members, provided however that if, after every effort has been made, a consensus cannot be reached in the course of that session, the matter will be put to a vote and the budget shall be adopted by a two-thirds majority of its Members.
3. (a) The amount of the contribution of each Member of the Commission shall be determined in accordance with a scheme which the Commission shall adopt and amend by consensus.
(b) The scheme adopted or amended by the Commission shall be set out in the Financial Regulations of the Commission.
4. Contributions shall be payable in freely convertible currencies unless otherwise determined by the Commission with the concurrence of the Director-General of the Organization.
5. The Commission may also accept donations and other forms of assistance from organizations, individuals and other sources for purposes connected with the fulfilment of any of its functions.
6. Contributions and donations and other forms of assistance received shall be placed in a Trust Fund administered by the Director-General of the Organization in conformity with the Financial Regulations of the Organization.
7. A Member of the Commission which is in arrears in the payment of its financial contributions to the Commission shall have no vote in the Commission if the amount of its arrears equals or exceeds the amount of the contributions due from it for the two preceding calendar years. The Commission may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay was due to conditions beyond the control of the Member but in no case shall it extend the right to vote beyond a further two calendar years.
ARTICLE X
Expenses
1. Expenses incurred by delegates, their alternates, experts and advisers when attending, as government representatives, sessions of the Commission, its committees and working groups, as well as the expenses incurred by observers at sessions, shall be borne by the respective governments or organizations. The expenses of experts invited by the Commission to attend, in their individual capacity, meetings of the Commission, its committees or working groups shall be borne by the budget of the Commission.
2. The expenses for publications and communications and the expenses incurred by the Chairperson and Vice-Chairpersons of the Commission, when performing duties on behalf of the Commission between Commission sessions, shall be determined and paid from the budget of the Commission.
3. The expenses of research and development projects undertaken by individual Members of the Commission, whether independently or upon recommendation of the Commission, shall be determined and paid by the Members concerned.
4. The expenses incurred in connection with cooperative research or development projects undertaken in accordance with the provisions of Article III, paragraph 1 e), unless otherwise available shall be determined and paid by the Members in the form and proportion to which they shall mutually agree. Contributions for cooperative projects shall be paid into a Trust Fund to be established by the Organization and shall be administered by the Organization in accordance with the Financial Regulations and Rules of the Organization.
5. The Commission may accept voluntary contributions generally or in connection with specific projects or activities of the Commission. Such contributions shall be paid into a Trust Fund to be established by the Organization. The acceptance of such voluntary contributions and the administration of the Trust Fund shall be in accordance with the Financial Regulations and Rules of the Organization.
ARTICLE XI
Administration
1. The Secretary of the Commission (hereinafter referred to as "the Secretary") shall be appointed by the Director-General of the Organization.
2. The Secretary shall be responsible for implementing the policies and activities of the Commission and shall report thereon to the Commission. The Secretary shall also act as Secretary to other subsidiary bodies established by the Commission, as required.
3. The expenses of the Commission shall be paid out of its budget except those relating to such staff and facilities as can be made available by the Organization. The expenses to be borne by the Organization shall be determined and paid within the limits of the biennial budget prepared by the Director-General and approved by the Conference of the Organization in accordance with the General Rules and the Financial Regulations of the Organization.
ARTICLE XII
Amendments
The Commission may amend this Agreement by a two-thirds majority of its Members. Amendments to this Agreement shall be reported to the Council of the Organization, which shall have the power to disallow them if it finds that such amendments are inconsistent with the objectives and purposes of the Organization or the provisions of the Constitution of the Organization. If the Council considers it desirable, it may refer these amendments to the Conference of the Organization, which shall have the same power. However, any amendment involving new obligations for Members shall come into force with respect to each Member only on formal acceptance of it by that Member, through an instrument of acceptance deposited with the Director-General of the Organization, after two-thirds of the contracting Parties have accepted the amendment concerned. The Director-General shall inform all the Members of the Commission, all Members and Associate Members of FAO, as well as the Secretary-General of the United Nations, of the receipt of instruments of acceptance and of the entry into force of such amendments. The rights and obligations of any Member of the Commission that has not accepted an amendment involving additional obligations shall continue to be governed by the provisions of this Agreement as they stood prior to the amendment.
ARTICLE XIII
Acceptance
1. In accordance with Article I (2), this Agreement shall be open to acceptance by Members and Associate Members of the Organization as well as by non-member States of the Organization that are coastal States or Associate Members whose territories are situated wholly or partly within the Area defined in Article IV.
2. Acceptance of this Agreement by any Member or Associate Member of the Organization that is a coastal State or Associate member whose territories are situated wholly or partly within the Area defined in Article IV, shall be effected by the deposit of an instrument of acceptance with the Director-General of the Organization, the depositary of this Agreement, and shall take effect on receipt of such instrument by the Director-General.
3. The Director-General of the Organization shall immediately inform all Members of the Commission, all Members and Associate Members of the Organization and the Secretary-General of the United Nations of all acceptances that have become effective.
4. Acceptance of this Agreement may be made subject to reservations in accordance with the general rules of public international law as reflected in the provisions of Part II, Section 2 of the Vienna Convention on the Law of Treaties of 1969.
ARTICLE XIV
Entry into force
This Agreement shall enter into force as from the date of receipt by the Director-General of the third instrument of acceptance.
ARTICLE XV
Withdrawal
1. Any Member may withdraw from this Agreement at any time after the expiration of two years from the date upon which the Agreement entered into force with respect to that Member, by giving written notice of such withdrawal to the Director-General of the Organization who shall immediately inform all the Members of the Commission and the Members of the Organization of such withdrawal. Notice of withdrawal shall become effective three months from the date of its receipt by the Director-General of the Organization.
2. Any Member of the Commission that gives notice of withdrawal from the Organization shall be deemed to have simultaneously withdrawn from the Commission.
ARTICLE XVI
Interpretation and Settlement of Disputes
Any dispute regarding the interpretation or application of this Agreement, if not settled by the Commission, shall be referred to a committee composed of one member appointed by each of the parties to the dispute, and in addition an independent chairperson chosen by the members of the committee. The recommendations of such a committee, while not binding in character, shall become the basis for renewed consideration by the parties concerned of the matter out of which the disagreement arose. If, as the result of this procedure, the dispute is not settled, it shall be referred to the International Court of Justice in accordance with the Statute of the Court, unless the parties to the dispute agree to another method of settlement.
ARTICLE XVII
Termination
This Agreement shall be automatically terminated if and when, as the result of withdrawals, the number of Members of the Commission drops below three.
ARTICLE XVIII
Certification and Registration
Two copies in the Arabic, English, French and Spanish languages of this Agreement and of any amendments to this Agreement shall be certified by the Chairman of the Commission and by the Director-General of the Organization. One of these copies shall be deposited in the archives of the Organization. The other copy shall be transmitted to the Secretary-General of the United Nations for registration. In addition, the Director-General shall certify copies of this Agreement and transmit one copy to each Member and Associate Member of the Organization.
AMENDMENTS TO THE PLANT PROTECTION AGREEMENT FOR
THE ASIA AND PACIFIC REGION
Resolution adopted by the Asia and Pacific Plant Protection Commission
The Commission:
Recognizing the need to revise the Plant Protection Agreement for the Asia and Pacific Region to bring it into line with the revised text of the International Plant Protection Convention and the Agreement on the Application of Sanitary and Phytosanitary Measures and with modern requirements for plant protection;
Further recognizing the need to strengthen the Commission; and
Noting that the amendments adopted by the Commission and approved by the FAO Council in 1983 to provide for an autonomous budget for the APPPC, which is essential for the effective functioning of the Commission, have not yet entered into force:
A. Amendments set out in Annex I
- to establish interim sub-commissions, with the functions and in accordance with the procedures set out in the proposed amendments; and
- to develop and adopt, in accordance with the proposed amendments, interim regional and sub-regional standards, including but not limited to the development of pest risk analyses and the identification of pests for common action and recognition of pest-free areas and areas of low pest prevalence;
B. Amendments set out in Annex II
C. Acceptance of amendments adopted in 1983
ANNEX I
Revised Agreement Incorporating Amendments
(Except Amendments Relating to the South American Leaf Blight of Hevea)
REVISION OF THE PLANT PROTECTION AGREEMENT FOR THE ASIA AND
PACIFIC REGION 2
PLANT PROTECTION AGREEMENT FOR THE ASIA AND
PACIFIC REGION
PREAMBLE
The Contracting Governments,
have concluded the following Agreement, within the framework of Article XIV of the Constitution of the Food and Agriculture Organization of the United Nations, as a supplementary agreement under the International Plant Protection Convention :
ARTICLE I
Purpose and Responsibility
1. The Contracting Governments, with the purpose of securing common and effective action in preventing the introduction and spread of pests of plants and plant products, promoting appropriate measures for their control, and facilitating trade while protecting the sustainability of agriculture and protecting plant, human and animal health and the environment, undertake to adopt the legislative, technical and administrative measures specified in this Agreement.
2. Each Contracting Government shall assume responsibility, without prejudice to obligations assumed under other international agreements, for the fulfilment within its territory of all requirements under this Agreement.
3. Where appropriate, the provisions of this Agreement may be deemed by Contracting Governments to extend, in addition to plants and plant products, to storage places, packaging, conveyances, containers, soil and any other organism, object or material capable of harbouring or spreading plant pests, particularly where international transportation is involved.
ARTICLE II
Use of Terms
In this Agreement and in Appendix B hereto, the following terms shall have the meaning hereby assigned to them, except where the context otherwise requires:
"Asia and Pacific Region" (hereinafter called `The Region') - all territories in Asia, east of the western boundary of Pakistan and of the western boundary of China and south of the northern boundary of China and west of the eastern boundary of China, together with all those territories in the Pacific Ocean, the South China Sea and the Indian Ocean situated wholly or partly in the area bounded by longitude 100o East, latitude 45o South, longitude 130o West, latitude 38o North to the point of its intersection with the eastern coast of China;
"Commission" - the Asia and Pacific Plant Protection Commission established in pursuance of Article III of this Agreement;
"Control" - suppression, containment or eradication of a pest population;
"Genetically modified organism" - an organism in which the genome of the
organism has been modified by any one or more of the following means:
For the purposes of this definition, "organism" means any biological entity capable of transferring or replicating its genetic material, including sterile organisms, viruses and viroids;
"International standards" - international standards established under the International Plant Protection Convention or under the auspices of its Secretariat;
"Introduction" - the entry of a pest resulting in its perpetuation, for the foreseeable future, within an area after entry;
"Official" - established, authorized or performed by a national plant protection organization;
"Organization" - the Food and Agriculture Organization of the United Nations;
"Pest" - any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products;
"Pest free area" - an area in which a specific pest does not occur as demonstrated by scientific evidence and in which, as appropriate, this condition is being officially maintained;
"Quarantine pest" - a pest of potential economic importance to the area endangered thereby and not yet present there, or present but not widely distributed and being officially controlled;
"Regulated article" - any plant, plant product, storage place, packing, conveyance, container, soil or other organism, object or material capable of harbouring or spreading pests, deemed to require phytosanitary measures, particularly where international transportation is involved;
"Regulated non-quarantine pest" - a non-quarantine pest whose presence in plants for planting affects the intended use of those plants with an economically unacceptable impact and which is therefore regulated within the territory of the importing contracting Government;
"Regulated pest"- a quarantine pest or a regulated non-quarantine pest;
"Treatment"- officially authorized procedure for the killing, removal or rendering infertile of pests.
ARTICLE III
Establishment of the Asia and Pacific Plant Protection Commission
The Contracting Governments hereby establish a regional Commission, to be known as the Asia and Pacific Plant Protection Commission.
ARTICLE IV
Functions of the Commission
1. The functions of the Commission shall include:
ARTICLE V
Procedures of the Commission
1. Each Contracting Government shall be represented on the Commission and shall have one vote4. A majority of the Contracting Governments shall constitute a quorum.
2. The Contracting Governments shall make every effort to reach agreement on all matters by consensus. If all efforts to reach consensus have been exhausted and no agreement is reached, the decision shall, as a last resort, be taken by a two-thirds majority of the Contracting Governments present and voting, except as otherwise provided in this Agreement.
3. The Commission shall meet whenever convened by the Chairperson of the Commission after consultation with the Director-General of the Organization. The Chairperson shall convene the Commission at least once every two years or when so requested by at least one third of the Contracting Governments.
4. The Commission shall elect from amongst the delegates a Chairperson who shall serve for a period of two years. The Chairperson shall be eligible for re-election.
5. Expenses incurred by delegates of Contracting Governments in attending sessions of the Commission shall be determined and paid by their respective Governments. The Director-General of the Organization shall appoint and provide the secretariat of the Commission from the staff of the Organization who shall serve only during the sessions of the Commission. The expenses of the secretariat of the Commission shall be determined and paid by the Organization5.
6. The Commission shall establish its own rules of procedures.
ARTICLE VI
Sub-commissions
1. The Commission may establish regional sub-commissions. Criteria for membership of regional sub-commissions shall include ecogeographic zoning, crops, pests, geographical proximity, defensible quarantine regions and trade relationships.
2. A Contracting Government may be member of more than one sub-commission.
3. A sub-commission shall provide a forum for consultation and cooperation on plant protection matters affecting the members of the sub-commission and, in addition to any special functions conferred on it by this Agreement, shall exercise, as appropriate, the functions of the Commission on those matters, with the exception of the adoption of regional standards.
4. A sub-commission may recommend regional standards for adoption by the Commission.
ARTICLE VII
Secretariat
1. The Director-General of the Organization shall appoint and provide the secretariat of the Commission from the staff of the Organization.
2. In the event that the Commission has its own autonomous budget, the Director-General shall appoint the Secretary of the Commission with the approval of the Commission.
3. The Secretary shall be responsible for implementing the policies and activities of the Commission and carrying out such other functions as may be assigned to the Secretary by this Agreement and shall report thereon to the Commission.
4. The secretariat shall cooperate with the sub-commissions in achieving the aims of the Agreement.
ARTICLE VIII
Regional and Sub-regional Standards
1. The Contracting Governments agree to cooperate in the development of regional and sub-regional standards in accordance with the procedures adopted by the Commission.
2. Regional standards shall be adopted by the Commission by consensus.
3. Sub-regional standards shall be adopted by the sub-commission concerned by consensus and shall be reported to the Commission.
4. Regional and sub-regional standards shall be consistent with the principles of the International Plant Protection Convention.
5. Contracting Governments should take into account, as appropriate, standards adopted under this Agreement when undertaking activities related to this Agreement.
ARTICLE IX
International Cooperation
The Commission shall cooperate with the bodies established under the International
Plant Protection Convention, with regional plant protection organizations established
under that Convention and, as appropriate, other relevant international organizations to
the fullest practicable extent in achieving the aims of this Agreement, and shall in
particular:
ARTICLE X 6
Reserved
ARTICLE XI 7
Reserved
ARTICLE XII
Regulated Pests
1. To assist in the undertaking of cooperative action on regulated pests, sub-commissions may compile data sheets, undertake pest risk analyses and develop standards to provide guidance on appropriate phytosanitary measures.
2. For the purpose of preventing the introduction of pests into a sub-region, each sub-commission may establish lists of pests regulated by the countries in the sub-region. For regulated pests included in such lists that are of common concern to countries in a sub-region, each Contracting Government in the sub-region concerned should take into account, as appropriate, with respect to the importation of plants, plant products or other regulated articles from anywhere outside the sub-region, such standards as may be adopted by the sub-commission concerned, without prejudice to such additional measures as the importing Contracting Government may require.
ARTICLE XIII
Measures to Prevent the Spread of Pests Within the Region
For the purpose of preventing the spread of pests within the Region, each Contracting Government should take into account, as appropriate, with respect to the importation into its territory of any plants, plant products or any other regulated articles, from another territory within the Region, such standards as may be adopted by the Commission, without prejudice to such additional measures as the importing Contracting Government may require.
ARTICLE XIV
Measures to Exclude South American Leaf Blight of Hevea
from the Region
In view of the importance of the Hevea rubber industry in the Region, and of the danger of introducing the destructive South American leaf blight (Dothidella ulei) of the Hevea rubber tree, the Contracting Governments shall take the measures specified in Appendix B to this Agreement. Appendix B to this Agreement may be modified by a decision of the Commission taken unanimously.
ARTICLE XV
Settlement of Disputes
1. If any dispute arises regarding the interpretation or implementation of this Agreement, or regarding action taken by any Contracting Government under this Agreement, the Contracting Governments concerned shall make every effort to settle the dispute amicably through consultations and/or negotiations between them, or such other peaceful methods of dispute resolution as they may choose.
2. If the dispute cannot be resolved by the means referred to in paragraph 1, it shall, upon the request of any of the Contracting Governments concerned be submitted to the Commission, which may consider the matter in accordance with such rules and procedures as it may establish, and which may offer to the Contracting Governments concerned other facilities for resolving the dispute.
3. If the dispute cannot be resolved by the means referred to in paragraphs 1 and 2, the Contracting Government or Governments concerned may request the Director-General of FAO to appoint a committee of experts to consider the matter in dispute, in accordance with rules and procedures that may be established by the Commission. Such rules and procedures shall be consistent with any rules and procedures on dispute settlement established under, or in connection with, the International Plant Protection Convention.
4. This Committee shall include representatives designated by each Contracting Government concerned. The Committee shall consider the matter in dispute, taking into account all documents and other forms of evidence submitted by the Contracting Governments concerned. The Committee shall prepare a report on the technical aspects of the dispute for the purpose of seeking its resolution. The preparation of the report and its approval shall be according to rules and procedures established by the Commission, and it shall be transmitted by the Director-General to the Contracting Governments concerned. The report may also be submitted, upon its request, to the competent body of the international organization responsible for resolving trade disputes.
5. The Contracting Governments agree that the recommendations of such a committee, while not binding in character, will become the basis for renewed consideration by the Contracting Governments concerned of the matter out of which the disagreement arose.
6. The Contracting Governments concerned shall share the expenses of the experts.
7. The provisions of this Article shall be complementary to and not in derogation of the dispute settlement procedures, provided for in other international agreements dealing with trade matters, that may be applicable to a dispute within the meaning of this Article.
ARTICLE XVI
Rights and Obligations of Contracting Governments not Parties
to the International Plant Protection Convention
Nothing in the International Plant Protection Convention shall affect the rights and obligations under this Agreement of Contracting Governments that are not parties to the Convention.
ARTICLE XVII
Amendment
1. Any proposal by a Contracting Government for the amendment of this Agreement, except Appendix B, shall be communicated to the Director-General of the Organization.
2. Any proposed amendment of this Agreement received by the Director-General of the Organization shall be presented to a session of the Commission for approval.
3. Notice of any proposed amendment of this Agreement shall be transmitted to the Contracting Governments by the Director-General of the Organization not later than the time when the agenda of the session of the Commission at which the matter is to be considered is dispatched.
4. Amendments of this Agreement shall be adopted by the Commission by a two-thirds majority vote of the Contracting Governments present and voting and shall be subject to approval by the Council of the Organization.
5. Any amendment of this Agreement approved by the Council of the Organization shall come into force for all Contracting Governments as from the thirtieth day after acceptance by two thirds of the Contracting Governments. Any amendment involving new obligations for Contracting Governments, however, shall come into force in respect of each Contracting Government, after its acceptance by two thirds of the Contracting Governments, only on acceptance by it and as from the thirtieth day after such acceptance.
6. The instruments of acceptance of amendments shall be deposited with the Director-General of the Organization. The effective date of acceptance shall be the date of such deposit. The Director-General of the Organization shall inform all Contracting Governments of the receipt of acceptances and the entry into force of amendments.
ARTICLE XVIII
Signature and Adherence
1. The Government of any State situated in the Region, or any Government which is responsible for the international relations of a territory or territories in the Region, may become a party to this Agreement, by either
Governments may not subject their signature, ratification or adherence to any reservation.
2. This Agreement, the text of which was approved by the Council of the Organization on 26 November 1955, shall be open for signature until 30 June 1956 or until the date of its entry into force in conformity with the provisions of Article XIX paragraph 1, whichever date is the later. The Director-General of the Organization shall immediately inform all signatory parties of the signature of this Agreement by any other Government. Ratification shall be effected by the deposit of an instrument of ratification with the Director-General of the Organization and shall become effective as from the date of deposit.
3. This Agreement shall be open for adherence as from 1 July 1956 or from the date of its entry into force in conformity with the provisions of Article XIX, paragraph 1 , whichever date is the later. Adherence shall be effected by the deposit of an instrument of adherence with the Director-General of the Organization and shall become effective as from the date of deposit.
4. The Director-General of the Organization shall immediately inform all signatory and adhering Governments of the deposit of an instrument of ratification or of adherence.
ARTICLE XIX
Entry into force
1. This Agreement shall come into force as soon as three Governments have become parties to it, either by signature, or by signature subject to ratification followed by such ratification.
2. The Director-General of the Organization shall notify all signatory Governments of the date of entry into force of this Agreement.
ARTICLE XX
Denunciation and Termination
1. Any Contracting Government may, at any time after the expiration of one year from the date on which it became a party to the Agreement, or from the date on which the Agreement entered into force, whichever is the later, denounce this Agreement by notification addressed to the Director-General of the Organization, who shall at once inform all signatory and adhering Governments of the denunciation.
2. The denunciation shall take effect one year from the date of receipt of the notification by the Director-General of the Organization.
3. This Agreement shall automatically be terminated should the parties to it become fewer than three as the result of denunciations.
IN WITNESS WHEREOF the undersigned, duly authorized to that effect, have signed this Agreement on behalf of their respective Governments on the dates appearing opposite their signatures.
Done at Rome on the twenty-seventh day of February one thousand nine-hundred and fifty six in two copies in the English, French and Spanish languages, which languages shall be equally authoritative. The text of this Agreement shall be authenticated by the Chairperson of the Council of the Organization and the Director-General of the Organization. After expiry of the period during which the Agreement is open for signature, in accordance with Article XVIII, paragraph 2, one copy of the Agreement shall be deposited with the Secretary-General of the United Nations and the other in the archives of the Organization. Additional copies of this text shall be certified by the Director-General of the Organization and furnished to all Governments parties to the Agreement, with the indication of the date on which it has come into force.
APPENDIX B 8
MEASURES TO EXCLUDE SOUTH AMERICAN LEAF BLIGHT
OF HEVEA FROM THE REGION
1. In this Appendix -
2. Each Contracting Government shall prohibit by law the importation into its territory
or territories of any plant or plants of the genus Hevea from outside the Region, unless
3. Each Contracting Government shall prohibit by law the importation into its territory or territories of any plant or plants of the genus Hevea capable of further growth or propagation (excluding seed) from the American tropics or from any other country in which South American leaf blight (Dothidella ulei) is present, unless, in addition to the requirements of paragraph 2 of this Appendix, at a place approved by the Competent Authority of the importing territory and situated outside the Region and outside the American tropics and any other country in which South American leaf blight (Dothidella ulei) is present, such plant or plants have been grown for an adequate period at a plant quarantine station for Hevea and each consignment of such plant or plants is accompanied or covered by a certificate to the effect that the above requirements have been fulfilled, and signed by the officer-in-charge of such quarantine station.
4. Each Contracting Government shall prohibit by law the importation into its territory or territories of any seed of any plant of the genus Hevea from the American tropics or from any other country in which South American leaf blight (Dothidella ulei) is present, unless, in addition to the requirements of paragraph 2 of this Appendix, such seed, having been examined and again disinfected at a place approved by the Competent Authority of the importing territory and situated outside the Region and outside the American tropics and any other country in which South American leaf blight (Dothidella ulei) is present, has been repacked with new packing materials in new containers, and unless each consignment of such seed is accompanied or covered by a certificate to the effect that the above requirements have been fulfilled, and signed by the officer-in-charge of these operations.
5. Each Contracting Government shall prohibit by law the importation into its territory or territories of any plant or plants of the genus Hevea not capable of further growth or propagation (such as fresh or dried herbarium specimens); unless, in addition to the requirements of sub-paragraphs (a), (b) and (d) of paragraph 2 of this Appendix, the Competent Authority of the importing country is satisfied that such plant or plants are required for a legitimate special purpose and that such plant or plants have been sterilized in the country of origin by a method satisfactory to the said Competent Authority.
6. Each Contracting Government shall prohibit by law the importation into its territory or territories of any plant or plants other than the genus Hevea, capable of further growth or propagation and originating in the American tropics or in any other country in which South American leaf blight (Dothidella ulei) is present, unless written permission has been granted for each consignment of such plant or plants by the Competent Authority of the importing territory or territories and the importation is in accordance with such special conditions as may be imposed by the Competent Authority in granting such permission.
7. The Competent Authority of any territory or territories into which any plant or plants of the genus Hevea are imported for further growth or propagation shall ensure that such plant or plants are grown under control for such period as will ensure that such plant or plants are free from all pests and diseases before they are released.
ANNEX II
Amendments Related to the South American Leaf Blight of Hevea
The following provisions are hereby deleted from the text of the Agreement:
ARTICLE XIV
Measures to Exclude South American Leaf Blight of Hevea
from the Region
In view of the importance of the Hevea rubber industry in the Region, and of the danger of introducing the destructive South American leaf blight (Dothidella ulei) of the Hevea rubber tree, the Contracting Governments shall take the measures specified in Appendix B to this Agreement. Appendix B to this Agreement may be modified by a decision of the Commission taken unanimously.
In paragraph 1 of Article XVII, the words "except Appendix B".
APPENDIX B
MEASURES TO EXCLUDE SOUTH AMERICAN LEAF BLIGHT
OF HEVEA FROM THE REGION
1. In this Appendix -
2. Each Contracting Government shall prohibit by law the importation into its territory
or territories of any plant or plants of the genus Hevea from outside the Region, unless
3. Each Contracting Government shall prohibit by law the importation into its territory or territories of any plant or plants of the genus Hevea capable of further growth or propagation (excluding seed) from the American tropics or from any other country in which South American leaf blight (Dothidella ulei) is present, unless, in addition to the requirements of paragraph 2 of this Appendix, at a place approved by the Competent Authority of the importing territory and situated outside the Region and outside the American tropics and any other country in which South American leaf blight (Dothidella ulei) is present, such plant or plants have been grown for an adequate period at a plant quarantine station for Hevea and each consignment of such plant or plants is accompanied or covered by a certificate to the effect that the above requirements have been fulfilled, and signed by the officer-in-charge of such quarantine station.
4. Each Contracting Government shall prohibit by law the importation into its territory or territories of any seed of any plant of the genus Hevea from the American tropics or from any other country in which South American leaf blight (Dothidella ulei) is present, unless, in addition to the requirements of paragraph 2 of this Appendix, such seed, having been examined and again disinfected at a place approved by the Competent Authority of the importing territory and situated outside the Region and outside the American tropics and any other country in which South American leaf blight (Dothidella ulei) is present, has been repacked with new packing materials in new containers, and unless each consignment of such seed is accompanied or covered by a certificate to the effect that the above requirements have been fulfilled, and signed by the officer-in-charge of these operations.
5. Each Contracting Government shall prohibit by law the importation into its territory or territories of any plant or plants of the genus Hevea not capable of further growth or propagation (such as fresh or dried herbarium specimens); unless, in addition to the requirements of sub-paragraphs (a), (b) and (d) of paragraph 2 of this Appendix, the Competent Authority of the importing country is satisfied that such plant or plants are required for a legitimate special purpose and that such plant or plants have been sterilized in the country of origin by a method satisfactory to the said Competent Authority.
6. Each Contracting Government shall prohibit by law the importation into its territory or territories of any plant or plants other than the genus Hevea, capable of further growth or propagation and originating in the American tropics or in any other country in which South American leaf blight (Dothidella ulei) is present, unless written permission has been granted for each consignment of such plant or plants by the Competent Authority of the importing territory or territories and the importation is in accordance with such special conditions as may be imposed by the Competent Authority in granting such permission.
7. The Competent Authority of any territory or territories into which any plant or plants of the genus Hevea are imported for further growth or propagation shall ensure that such plant or plants are grown under control for such period as will ensure that such plant or plants are free from all pests and diseases before they are released.
DRAFT
COOPERATION AGREEMENT BETWEEN THE INTERGOVERNMENTAL ORGANIZATION FOR MARKETING INFORMATION AND COOPERATION SERVICES FOR FISHERY PRODUCTS IN AFRICA (INFOP�CHE)
AND
THE FOOD AND AGRlCULTURE ORGANIZATION OF THE UNITED NATIONS (FAO)
The Contracting Parties,
Considering that INFOP�CHE was established with the assistance of FAO as a concrete step towards carrying out the objectives, strategies and programmes of action adopted by the World Conference on Fisheries Management and Development, convened in Rome in 1984, by the Food and Agriculture Organization of the United Nations,
Considering that INFOP�CHE is an independent intergovernmental organization established by an Agreement, adopted on 13 December 1991 by a Conference of Plenipotentiaries convened by the Director General of FAO, which entered into force on the 23 December 1993 and for which the Director-General of FAO is the Depositary,
Considering that Article 13 of the Agreement establishing INFOP�CHE provides that "the Contracting Parties agree that there should be cooperation between INFOP�CHE and other international fisheries institutions and other organizations which may contribute to the work and further the objectives of INFOP�CHE. INFOP�CHE may enter into agreements with such institutions and organizations. Such agreements may include, if appropriate, provision for participation by such organizations in activities of INFOP�CHE ",
Considering also that the Governing Council of INFOP�CHE, at its Fifth Regular Session on 20 March 1998 decided to propose a cooperation agreement with FAO with a view to reinforce existing relations between INFOP�CHE and FAO and to formalize the cooperation between the two organizations,
Considering further that paragraph 1 of Article XIII of the FAO Constitution states that "in order to provide for close cooperation between the Organization and other international organizations with related responsibilities, the Conference may enter into agreements with the competent authorities of such organizations, defining the distribution of responsibilities and methods of cooperation",
Recognizing the interest which FAO has in the promotion of cooperation relating to development of fisheries in the African region,
Have agreed as follows:
| I. | A close relationship shall be established and maintained between INFOP�CHE and FAO. |
| II. | FAO shall participate in meetings of the Governing Council and in other technical committees of INFOP�CHE as an observer. |
| III. | INFOP�CHE shall be invited to participate in the sessions of the Conference and the Council of FAO in an observer capacity. |
| IV. | FAO shall, as far as possible, and in conformity with the constitutional instruments and decisions of its competent bodies, give due consideration to requests for technical assistance made by INFOP�CHE. |
| V. | As far as possible and within the mandates of both organizations, FAO will use INFOP�CHE as an executing agency for fishery marketing projects in Africa. |
| VI. | INFOP�CHE and FAO may, in appropriate cases, agree to convene under their auspices, according to arrangements to be made in each particular case, joint meetings concerning matters of interest to both organizations. |
| VII. | INFOP�CHE and FAO may, through special arrangements, decide upon joint action with a view to attaining objects of common interest. |
| VIII. | INFOP�CHE and FAO may, when they consider it desirable, set up joint committees or working parties, on conditions to be mutually agreed in each case, to consider matters of common interest. |
| IX. | Subject to such arrangements as may be necessary for the safeguarding of classified material, INFOP�CHE and FAO shall arrange for the fullest exchange of information and documents concerning matters of common interest. |
| X. | The Fishery Industries Division and GLOBEFISH at FAO Headquarters in Rome, in collaboration with the FAO Regional Office for Africa in Accra, will serve as a focal point for liaison between INFOP�CHE and FAO. |
| XI. | The Contracting Parties may decide by mutual agreement to extend the scope of their cooperation as appropriate. |
Entry into force
The present Agreement shall enter into force as soon as it has been approved by the appropriate Governing Bodies of both organizations.
DRAFT
COOPERATION AGREEMENT BETWEEN THE LAKE VICTORIA FISHERIES ORGANIZATION (LVFO)
AND
THE FOOD AND AGRlCULTURE ORGANIZATION OF THE UNITED NATIONS (FAO)
The Governments of the Republic of Kenya, the United Republic of Tanzania and the Republic of Uganda, hereinafter referred to as the "Contracting Parties",
Considering that LVFO was established as an independent intergovernmental organization by a Conference of Plenipotentiaries held on 30th June, 1994 in Kisumu, Kenya, and that the Director-General of FAO is the Depositary of the Convention establishing it,
Considering that paragraph 2 of Article XIX of the Convention for the Establishment of the Lake Victoria Fisheries Organization provides that "The Organization will continue its working relationship with the Food and Agriculture Organization of the United Nations (FAO)...",
Considering further that paragraph 1 of Article XIII of the FAO Constitution states that, "in order to provide for close cooperation between the Organization and other international organizations with related responsibilities, the Conference may enter into agreements with the competent authorities of such organizations, defining the distribution of responsibilities and methods of cooperation",
Recognizing the interest which FAO has in the promotion of cooperation relating to fisheries among the riparian countries of Lake Victoria,
Have agreed as follows:
| I. | A close relationship shall be established and maintained between LVFO and FAO. |
| II. | FAO shall be invited to participate in the meetings of the Council of Ministers, the Policy Steering Committee and the Executive Committee, as well as in the meetings of the Fisheries Management Committee and the Scientific Committee of LVFO as an observer. |
| III. | LVFO shall be invited to participate in the sessions of the Conference and the Council of FAO in an observer capacity. |
| IV. | As far as possible and within the mandates of both organizations, FAO will use LVFO as an executing agency for fishery projects in Lake Victoria. |
| V. | LVFO and FAO may, in appropriate cases, agree to convene under their auspices, according to arrangements to be made in each particular case, joint meetings concerning matters of interest to both organizations. |
| VI. | LVFO and FAO may, through special arrangements, decide upon joint action with a view to attaining objects of common interest. |
| VII. | LVFO and FAO may, when they consider it desirable, set up joint committees or working parties on conditions to be mutually agreed in each case, to consider matters of common interest. |
| VIII. | Subject to such arrangements as may be necessary for the safeguarding of classified material, LVFO and FAO shall arrange for the fullest exchange of information and documents concerning matters of common interest. |
| IX. | The Fishery Policy and Planning Division at FAO Headquarters in Rome, in collaboration with the FAO Sub-regional Office for Southern and Eastern Africa (SAFR) in Harare, will serve as a focal point for liaison between LVFO and FAO. |
| X. | The Contracting Parties may decide by mutual agreement to extend the scope of their cooperation as appropriate. |
Entry into force
The present Agreement shall enter into force as soon as it has been approved by the Governing Bodies of both Organizations.
DRAFT
COOPERATION AGREEMENT BETWEEN THE CENTRE FOR MARKETING INFORMATION AND ADVISORY SERVICES FOR FISHERY PRODUCTS IN LATIN AMERICA AND THE CARIBBEAN (INFOPESCA)
AND
THE FOOD AND AGRlCULTURE ORGANIZATION OF THE
UNITED NATIONS (FAO)
The Contracting Parties,
Considering that INFOPESCA was established in 1977 as an FAO/UNDP project,
Considering that INFOPESCA was established as an independent intergovernmental organization by a Constituent Assembly held on 18 February 1994 in San Jos�, Costa Rica and that the Director-General of FAO is the Depositary of its Constitution,
Considering that paragraph 1 of Article 17 of the Constitution establishing INFOPESCA provides that "INFOPESCA shall seek to establish an agreement with the Food and Agriculture Organization of the United Nations (FAO) and to build a close working relationship with the FAO Network of Regional Fish Marketing Information and Technical Advisory Services" and that paragraph 2 of the same Article 17 provides that "INFOPESCA shall accept that a representative of the Food and Agriculture Organization of the United Nations, appointed by its Director-General, shall participate in all its meetings, but without the right to vote",
Considering further that paragraph 1 of Article XIII of the FAO Constitution states that "in order to provide for close cooperation between the Organization and other international organizations with related responsibilities, the Conference may enter into agreements with the competent authorities of such organizations, defining the distribution of responsibilities and methods of cooperation",
Recognizing the interest which FAO has in the promotion of cooperation relating to fisheries among the countries of Latin American and the Caribbean,
Have agreed as follows:
| I. | A close relationship shall be established and maintained between INFOPESCA and FAO. |
| II. | FAO shall participate in meetings of the General Assembly, the Executive Committee and the Consultative Committee of INFOPESCA as an observer. |
| III. | INFOPESCA shall be invited to participate in the sessions of the Conference and the Council of FAO in an observer capacity. |
| IV. | As far as possible and within the mandates of both organizations, FAO will use INFOPESCA as an executing agency for fishery and aquaculture projects in Latin America and the Caribbean. |
| V. | INFOPESCA and FAO may, in appropriate cases, agree to convene under their auspices, according to arrangements to be made in each particular case, joint meetings concerning matters of interest to both organizations. |
| VI. | INFOPESCA and FAO may, through special arrangements, decide upon joint action with a view to attaining objects of common interest. |
| VII. | INFOPESCA and FAO may, when they consider it desirable, set up joint committees or working parties, on conditions to be mutually agreed in each case, to consider matters of common interest. |
| VIII. | Subject to such arrangements as may be necessary for the safeguarding of classified material, INFOPESCA and FAO shall arrange for the fullest exchange of information and documents concerning matters of common interest. |
| IX. | The Fishery Industries Division and GLOBEFISH at FAO Headquarters in Rome, in collaboration with the FAO Regional Office for Latin America and the Caribbean (RLAC) in Santiago, will serve as a focal point for liaison between INFOPESCA and FAO. |
| X. | The Contracting Parties may decide by mutual agreement to extend the scope of their cooperation as appropriate. |
Entry into force
The present Agreement shall enter into force as soon as it has been approved by the Governing Bodies of both organizations.
DRAFT CONFERENCE RESOLUTION
AMENDMENT OF FINANCIAL REGULATIONS 6.9, 7.1, 9.1 AND
PARAGRAPH 5 OF THE ANNEX TO THE FINANCIAL REGULATIONS
THE CONFERENCE,
Recalling that the Council, at its Hundred and Seventeen Session in November 1999, on the recommendation of the Committee on Constitutional and Legal Matters at its Seventieth Session in September 1999, approved amendments to Financial Regulation 6.9 and 7.1 to provide for the establishment of a Revolving Fund for FAO Products and Related Services (Other than Information Products), as set out in the Report of the Hundred and Seventeenth Session of the Council;9
Taking into account that, regarding the establishment of a Revolving Fund for FAO Products and Related Services (Other than Information Products), the Finance Committee, at its Ninety-third Session in September 199910, noted that the development of such FAO innovated products should continue to be related to the achievement of the institutional objectives of the Organization, that the Organization should not be tempted to duplicate the role of the private commercial sector and that arrangements for the exploitation of such products should be in line with the aims of the Organization, such as ensuring that such products are made widely available to developing countries or sectors at accessible prices;
Taking also into account the wish expressed by the Finance Committee to monitor the implementation of the new revolving fund and to receive periodical reports to that effect, and the desirability of avoiding the proliferation of separate Funds;
Considering, in this context, that the experience in the implementation of the proposed new fund might demonstrate the eventual need to streamline the provisions of Financial Regulation 6.9 relating to revolving funds;
Recalling further that the Council, at its Hundred and Fifteen Session in November 1998 , on the recommendation of the Committee on Constitutional and Legal Matters at its Sixty-Eighth Session in September 199811, approved amendments to Financial Regulation 9.1 regarding arrangements for review of investments of the FAO Reserve Fund, as well as amendments of paragraph 5 of the Annex to the Financial Regulations to change the format of the External Audit opinion, as set out in the Report of the Hundred and Fifteen Session of the Council12;
Adopts the following amendments to the Financial Regulations:
Regulation VI - Funds
6.9 There shall be established
(a) an Information Products Revolving Fund to which shall be credited the proceeds of
sales of information products and the revenue from advertising in and sponsorship of such
products, except that where extra-budgetary funds are used to finance those information
products, the proceeds of sales may be credited to such funds. The Fund shall be used only
for the following purposes:
Any balance at the end of each financial period in excess of such sums as may be approved by the Finance Committee to cover commitments in respect of expenditures proposed by the Director-General for the following biennium shall be transferred to Miscellaneous Income.
(b) a Revolving Fund for FAO Products and Related Services other than Information
Products to which shall be credited the proceeds of sales of such products as well as
proceeds derived from licensing and other arrangements for their use, except that where
extra-budgetary funds are used to finance the development of such products, such proceeds
may be credited to such funds. The Fund shall be used only for the following purposes:
- to meet the direct costs of maintaining and further developing such products and making them widely available, and for developing new products;
- to pay for direct costs of the production, sale and marketing of all such products, and protection of the property rights of these products.
Any balance at the end of each financial period in excess of such sums as may be approved by the Finance Committee to cover commitments in respect of expenditures proposed by the Director-General for the following biennium shall be transferred to Miscellaneous Income.
Regulation VII - Other income
7.1 Contributions from Associate Members and all receipts other than:
shall be classified as Miscellaneous Income, for credit to the General Fund. Interest or other income derived from any Trust or Special Fund accepted by the Organization shall be credited to the fund to which it relates, unless provided for otherwise by the terms of the applicable Trust or Special Fund agreement.
Regulation IX - Investment of funds
9.1 The Director-General may invest moneys not needed for immediate requirements seeking, wherever practicable, the advice of an Advisory Committee on Investments composed of not less than three and not more than five members appointed by the Director-General from persons outside the Organization having substantial experience in the financial sector. The investment of moneys standing to the credit of any trust fund, reserve or special account shall be subject to any directives of the appropriate authority.
Paragraph 5 of the Annex to the Financial Regulation
5. The External Auditor shall express and sign an opinion on the financial
statements. The opinion shall include the following basic elements:
- the financial statements present fairly the financial position as at the end of the period and the results of the operations for the period;
- the financial statements were prepared in accordance with the stated accounting policies; and
- the accounting policies were applied on a basis consistent with that of the preceding financial period;
DRAFT RESOLUTION
USE OF GENDER-NEUTRAL LANGUAGE IN THE BASIC TEXTS
THE CONFERENCE,
Noting the importance of gender-neutral language in the constitutive documents of the Organization;
Noting, however, the technical impact and the expenses that would be incurred by amending the entire Basic Texts;
Noting the views and recommendations of the Committee on Constitutional and Legal Matters as expressed at its Seventieth Session in September 1999;
Resolves that in the Basic Texts, in accordance with the generally accepted rules of interpretation, the use of one gender shall be considered as including a reference to the other unless the context otherwise requires.
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1 Report of the Eighty-first Session of the Programme Committee, para 21.
2 This document consists of the text of the Agreement as currently in force and amendments other than amendments related to the South American leaf blight of Hevea. Amendments adopted by the Commission in 1983 to provide for an autonomous budget but not yet in force are included in footnotes to this document but are not reflected in the text.
3 Text added pursuant to amendments adopted in 1983 but not yet in force:
(m) the adoption of the programme of activities and the budget for the ensuing financial period, and their transmission to the Director-General for submission to the Council of the Organization prior to implementation.
4 Text added pursuant to amendments adopted in 1983 but not yet in force:
However, a contracting Government which is in arrears in the payment of its financial contributions to the Commission, shall have no vote if the amount of its arrears equals or exceeds the amount of the contributions due from it for the two preceding financial years.
5 This paragraph deleted pursuant to amendments adopted in 1983 but not yet in force.
6 Text added pursuant to amendments adopted in 1983 but not yet in force:
Finance
1. Each Member of the Commission undertakes to contribute its share of the biennial budget, as approved by the Commission by a two-thirds majority of its Members at the session to be convened by the Director-General of the Organization at least once every two years in accordance with paragraph 3 of Article II. The contribution of each Member shall be divided into two equal instalments, one of which shall be payable at the beginning of the first year of the biennium, and the other at the beginning of the second year.
2. Where a Contracting Government becomes a Member of the Commission in the course of a biennium, its contribution for that biennium shall be determined in accordance with principles established by the Commission.
3. Contributions shall be made in cash and shall be payable in currencies to be determined by the Commission after consultation with each Member and with the concurrence of the Director-General of the Organization.
4. Contributions from Members, as well as any supplementary contributions from Members or donations from other sources made to the Commission in order to support specific activities, shall be placed in one or more trust funds administered by the Director-General in conformity with the Financial Regulations of the Organization.
5. At the end of each financial period, any uncommitted balance in the Commission’s budget shall be available to finance activities carried out in the following financial period.
6. In addition to making their contributions provided for in paragraph 1 or supplementary contributions in accordance with paragraph 4 of this Article, Members of the Commission may establish a national fund into which they may pay moneys in their national currency or in other currencies to be used for implementing the Commission’s programmes and projects. Any such national fund shall be administered by the Member concerned.
7 Text added pursuant to amendments adopted in 1983 but not yet in force:
Expenses
1. The Director-General of the Organization shall appoint and provide the secretariat of the Commission from the staff of the Organization. The expenses of the Commission shall be paid out of its budget, with the exception of those relating to such staff and facilities as may be borne by the Organization within the limits of the biennial budget prepared by the Director-General of the Organization and approved by the Conference of the Organization.
2. Expenses incurred by representatives of Contracting Governments in attending sessions of the Commission shall be determined and paid by their respective governments.
8 Annex A has been deleted pursuant to the present amendments. This annex is referred to as Annex B for the purpose of consistency with the Agreement as now in force.
