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VII. Constitutional and administrative matters

A. Statutory Report on Status of Conventions and Agreements, and Amendments thereto
B. Amendments to the Spanish Text of Rule XII.9(a) and Rule XII.17 of the General Rules of the Organization
C. Amendment to Rule XXV.6 of the General Rules of the Organization
D. Review of the Rules Governing Voting Procedures of Conference and Council
E. Relations with the Host Government
F. Emoluments of the Director-General
G. Audited Accounts
H. Scale of Contributions 1986-87
I. Status of Contributions
J. Problems with Late Payments and Arrears in Contributions

A. Statutory Report on Status of Conventions and Agreements, and Amendments thereto

341. Pursuant to Rule XXI of the General Rules of the Organization (GRO), and in accordance with established practice, the Director-General submitted to the Conference the biennial Statutory Report reflecting the present status of conventions and agreements concluded within the framework of FAO, of other multilateral treaties concluded outside its framework in respect of which the Director-General acts as depositary; and of the Convention on the Privileges and Immunities of the Specialized Agencies is applied to FAO.

342. The Conference took note of the Statutory Report, contained in documents C 85/10 and C 85/10-Sup.1.

343. With reference to the International Plant Protection Convention, the Conference recalled that, when approving the amendments to the Convention at its Twentieth Session (1979) by Resolution 14/79, it had urged the parties to the Convention to accept the revised text it the earliest possible time. The Conference noted, however, that twenty acceptances were still required in order to reach the two-thirds majority of contracting parties, which was necessary for the entry into force of the revised text. In view of the importance of the Convention in strengthening international action against the spread of pests of plants and plant products in the context of international trade, the Conference reiterated its appeal to contracting parties that had not yet accepted the revised text of the Convention to deposit an instrument of acceptance as soon as possible.

B. Amendments to the Spanish Text of Rule XII.9(a) and Rule XII.17 of the General Rules of the Organization

344. The Conference noted that at its Forty-fifth Session (October 1984) when reviewing certain rules governing voting procedures of the Council and the Conference, the Committee on Constitutional anti Legal Matters (CCLM) had found that the Spanish text of Rule XII.9(a) GRO made use of the term "por aclamación", which did not entirely correspond with the terms used in the English text ("by clear general consent") and in the French text ("par consentement général manifeste"). The CCLM had therefore recommended that the Spanish text of Rule XII.9(a) GRO be amended by deleting the words "por aclamación" and replacing then by the words "por evidente consenso general". On the same occasion the CCLM had recommended that a similar amendment be made to paragraph 17 of Rule XII GRO, in which the words "por aclamación" should be replaced by the words "por consenso general", so as to be consistent with the terms "by general consent" and "par consentement général" used in the English and French texts respectively.

345. The Conference further noted that the Council, it its Eighty-sixth Session (November 1984) had endorsed the CCLM's recommendations that the Spanish text of the General Rules of the Organization be amended in the manner indicated above.

346. The Conference agreed with the views expressed by the CCLN and the Council concerning the need to amend the Spanish text of Rule XII.9(a) and Rule XII.17 GRO, and adopted the following Resolution:

Resolution 13/85

AMENDMENT OF THE SPANISH TEXT OF RULES XII.9(a) AND XII.17 OF THE GENERAL RULES OF ORGANIZATION

THE CONFERENCE,

Noting that the Spanish text of Rule XII.9(a) GRO contains the expression "por aclamación", which does not correspond to the expressions used in the English and French texts ("by clear general consent" and "par consentement général manifeste", respectively),

Noting further that the Spanish text of Rule XII.17 GRO also contains the expression "por aclamación", which does not correspond to the expression used in the English and French texts ("by general consent" and "par consentement général", respectively),

Considering the recommendation of the Committee on Constitutional and Legal Matters endorsed by the Council at its Eighty-sixth Session,

Considering further that it would be appropriate to amend the Spanish texts of Rule XII.9(a) and Rule XII.17 GRO in order to harmonize them with the other language versions,

Decides that the Spanish texts of Rule XII.9(a) arid Rule XII.17 GRO be amended as follows:

C. Amendment to Rule XXV.6 of the General Rules of the Organization

347. The Conference noted that at the Eighty-seventh Session of the Council questions had been raised as to the practice of the Organization concerning the reimbursement of travel expenses of Council Members. At that Session, the Council had been informed that, tinder Rule XXV.6 GRO only the travel expenses incurred by the representative of each Member of the Council was borne by the Organization. In this connection 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. Thus, with a view to considering the possibility of permitting the reimbursement of the travel expenses of any one member of a delegation, the Council had referred the interpretation or possible amendment of Rule XXV.6 GRO to the Committee on Constitutional and Legal Matters.

348. The Conference further noted that the CCLM had examined this matter at its Forty-seventh Session (October 1985) and had concluded that it was not legally possible to interpret Rule XXV.6 GRO as permitting the reimbursement of the travel expenses of any one member of a delegation to the Council. The CCLM had therefore prepared a draft amendment to Rule XXV.6 GRO, which would permit such reimbursement. The CCLM had also pointed out that, If an amendment to Rule XXV.6 GRO were adopted by the Conference, a consequential amendment should be adopted by the Council to Rule VII-2 of its own Rules of Procedure. At its Eighty-eighth Session (November 1985) the Council had agreed with the conclusion reached by the CCLM and had endorsed the CCLM's suggestions concerning the appropriate amendments to the Basic Texts. The Council had therefore recommended to the Conference the adoption of a draft Resolution prepared by the CCLM.

349. In the course of the debate one delegation declared that its Government was not in favour, as a matter of principle, to payment of travel expenses of representatives of Member States travelling to meetings of Organizations of the UN system, and was concerned about the precedent this Rule chance might set for the UN system. In view of the broad support for this proposal, however, it would not oppose a consensus on this matter. Other delegations raised various concerns and were informed of the expenditure which would be incurred by the Organization as a consequence of the adoption of the resolution. These delegations recognized, however, that such expenditure would be covered by the relevant budgetary appropriation. Most delegations, however, expressed their full support for the draft resolution, which in their view would be beneficial to the work of the Council and, in particular, would assist developing countries.

350. In conclusion the Conference adopted the following Resolution:

Resolution 14/85

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 GRO prepared by the CCLM;

(Adopted 27 November 1985)

D. Review of the Rules Governing Voting Procedures of Conference and Council

351. The Conference recalled that at its Twenty-second Session (1983), some members had expressed concern at the fact that Rule XII.9(a) GRO provided for a vote by secret ballot when there was the sane number of candidates as places to be filled. They had suggested that the election procedures be reviewed, in order to study the possibility of not proceedings to a secret ballot in such cases: for instance for the election of the Independent Chairman of the Council. The Conference had agreed that the Council should review the present rules governing the voting procedures, where there were the same number of candidates as places to be filled in the Conference or Council, with a view to accelerating procedures and thus saving valuable time.

352. The Conference further recalled that the Council, at its Eighty-fifth Session, had decided that the question be submitted for examination to the CCLM, which had in fact examined it at its Forty-fifth Session (October 1984).

353. The Conference noted that the CCLM had pointed out that under Rule XII.9(a) GRO it was mandatory to have a secret ballot with respect to (a) the appointment of the Independent Chairman of the Council, (b) the appointment of the Director-General, (c) the admission of additional Member Nations or Associate Members, (d) the election of Council members. The CCLM had expressed the view that the said four cases related to some highly sensitive matters, for which the secrecy of voting was intended to afford Member Nations the possibility of expressing their choice without any constraint or embarrassment, and had concluded that no amendment to Rule XII.9(a) GRO was called for.

354. The Conference noted that the Council at its Eighty-sixth Session (November 1984) concurred with the CCLM's conclusion that the present provision was appropriate since it protected the interests of Member Nations, and that therefore no amendment to Rule XII.9(a) GRO was necessary.

355. The Conference agreed with the conclusions reached on this matter by the CCLM and the Council, and decided to take no action concerning the possible amendment of Rule XII.9(a) GRO.

E. Relations with the Host Government

Immunities of the organization
Headquarters Agreement
Headquarters accommodation

Immunities of the organization

356. The Conference recalled that the question of FAO's immunity from legal process in Italy had been considered by the Council and at the Twenty-second Session of the Conference in connection with a judgement rendered by the Corte di Cassazione in 1982. Further, the Conference recalled that in this judgement the Corte di Cassazione had given a restrictive interpretation of the Organization's "immunity from every form of legal process" provided for in Section 16 of the Headquarters Agreement, in which a distinction had been made between acts accomplished "jure imperii" and "jure gestionis". On the basis of this distinction, the Court had not recognized immunity in an action brought against the Organization in the Italian courts by the landlords of Building F in which they claimed arrears of rent.

357. With a view to reaching a solution of the problem, the Council, at its Eighty-sixth Session (November 1984), had strongly urgent the Host Government "to accelerate the adoption of legislative measures that would guarantee, in the future, the Organization's immunity from legal process including measures of execution." At the same session, the Council had taken up a suggestion that had first been made at the Twenty-second Session of the Conference to the effect that the Organization might seek an Advisory Opinion from the International Court of Justice on the interpretation of the relevant provisions of the Headquarters Agreement. The Council had requested the Committee on Constitutional and Legal Matters to formulate the questions that might be submitted to the Court if, in the meantime, no appropriate legislative action had been taken by the Host Government and the Conference were to decide to follow this course of action. The CCLM had carried out this task at its Forty-sixth Session I/ and the Council, in turn, at its Eighty-seventh Session (June 1985), had forwarded the questions to the Conference for consideration.

358. The Conference had before it a Note by the Director-General as well as an extract from the Report of the Eighty-seventh Session of the Council containing the questions that might be submitted to the International Court of Justice which read as follows:

359. The Conference noted that an out of court settlement had been reached in the course of 1985 with the landlords of Building F and with plaintiffs in other lawsuits brought against FAO in the Italian courts since 1982; no further lawsuits were pending. The Conference also noted the legal and practical considerations put forward by the Italian delegation and the efforts made by the Italian authorities to overcome FAO's practical problems. It nevertheless recognized the importance of finding a solution that was mutually agreeable to FAO and the Italian Government, with a view to guaranteeing the Organization's immunity from legal process as soon as possible. For this purpose, the determination of the appropriate interpretation of Section 16 of the Headquarters Agreement would be the best approach.

360. The Representative of the Host Government underlined the readiness of the Italian authorities to pursue actively their efforts to reach a viable legal solution to this matter. The suggestion was made that it should be left to the Council to decide whether or not FAO should seek an advisory opinion of the International Court of Justice. Nevertheless, the Conference agreed that it would not be desirable at this stage to submit the questions forwarded to it by the Council to the International Court of Justice and that it would be preferable to reconsider the matter, as necessary in the light of a report by the Director-General on developments, at its next session. It therefore invited the Director-General and the Italian authorities to explore all possible means of arriving rapidly at a definitive solution which would ensure that FAO would enjoy immunity from all forms of legal process in Italy. The Conference also requested the Council to follow this matter closely and to report to it at its next session.

Headquarters Agreement

361. The Conference noted the reports of the Eighty-sixth and Eighty-seventh Sessions of the Council and was informed that the Director-General had received a letter dated 5 October 1985 from the Minister of Foreign Affairs of Italy. The Conference was also informed that negotiations had not been completed, agreement not yet having been reached inter alia on two major issues, namely (a) duty-free privileges to staff of Italian nationality and (b) the number of staff in the first category enjoying full diplomatic privileges and immunities.

362. The Conference endorsed the position taken by the Council at its previous sessions and urged both parties to arrive at an early conclusion of the negotiations in line with Council Resolution 4/86 (November 1984).

Headquarters accommodation

363. The Conference noted the reports of the Eighty-sixth and Eighty-seventh Sessions of the Council as well as the latest developments since the latter session of the Council.

364. Regarding the construction of 70 rooms on the eighth floor of building D, contracts for electrical works, plumbing, heating and air conditioning were awarded in September 1985 while masonry works were progressing satisfactorily. The 70 rooms were expected to be ready for occupancy by the end of September 1986.

365. As regards the new structures to be constructed within the Caracalla Complex, the Conference was informed that, on 16 October 1985, the fortieth anniversary of the foundation of the Organization, the President of the Italian Republic had laid a foundation stone to commemorate the commencement of the construction project. Provision for the funding of the project to the extent of 25 000 million Italian lire had been included in the Host Government's budget for 1986 and the relevant law was currently being debated in Parliament. As soon as the financing law was passed, the Government expected to proceed with the preparation of executive drawings and construction work. The Conference expressed its satisfaction at this decision taken by the Host Country and expressed Its gratitude to the Italian Government.

F. Emoluments of the Director-General

366. The Conference endorsed the Council's recommendation that the representation allowance for the Director-General be increased, and adopted the following Resolution:

Resolution 15/85

EMOLUMENTS OF THE DIRECTOR-GENERAL

THE CONFERENCE,

Considering that in FAO the representation allowance of the Director-General had not been changed since 1 January 1981 when it was established at US$ 24 000 per annum, and that inflation during this period has been in excess of 75 percent,

Decides that:

The representation allowance of the Director-General be increased to US$ 32 000 per annum effective I January 1985.

(Adopted 19 November 1985)

G. Audited Accounts

367. The Conference adopted the following Resolution:

Resolution 16/85

AUDITED ACCOUNTS

THE CONFERENCE,

Having considered the report of the Eighty-sixth Session of the Council,

Having examined the following audited accounts and the External Auditor's Reports thereon:

World Food Programme 1982-83 C85/7

Noting the issues raised in the Representation of Financial Statements of the World Food Programme by the Director, Financial Services Division, and the External Auditor's comments, and the reports of the Advisory Committee on Administrative and Budgetary Questions (ACABQ) and of the Eighteenth Session of the Committee on Food Aid Policies and Programmes thereon,

Noting further that the External Auditor had drawn attention to matters affecting the World Food Programme Accounts,

Adopts the above audited accounts.

(Adopted 27 November 1985)

H. Scale of Contributions 1986-87

368. The Conference took note of and endorsed the recommendation of the Eighty-seventh Session of the Council that the FAO Scale of Contributions for 1986-87 should continue to be derived directly from the UN Scale of Assessments in force during the calendar year of the FAO Conference Session. The practice of deriving the FAO Scale from the UN Scale of Assessments had been adhered to by the Organization, without exception, following the decision of the Eighth Session of the Conference in 1955 and confirmation after a very thorough and detailed review of the matter, by the Eighteenth Session of the Conference in 1975.

369. The Conference was informed that the recommended FAO Scale for 1986-87 had been derived directly from the UN Scale of Assessments in force for the three-year period 1983/85, as adopted by UN General Assembly Resolution 37/125 of 17 December 1982, and had been adjusted to take account of the two new Member Nations admitted at this Session of the FAO Conference. The FAO Scale for 1984-85, adopted by the Conference in 1983, had also been derived directly from the same UN Scale of Assessments. Therefore the differences between the 1984-85 FAO Scale and the 1986-87 FAO Scale arose only as a result of the admission of the two new Member Nations at this Session of the Conference. The application of the UN Scale to FAO thus reflected also FAO's own membership.

370. The Conference adopted the following resolution:

Resolution 17/85

SCALE OF CONTRIBUTIONS 1986-87

THE CONFERENCE,

Having noted the recommendations of the Eighty-seventh Session of the Council,

Confirming that as in the past FAO should follow the United Nations Scale of Assessments subject to adaptation for the different membership of FAO,

(Adopted 27 November 1985)

I. Status of Contributions

371. The Conference noted the status on 22 November 1985 of contributions from Member Nations to the Budget of the Organization (Appendix G). It observed that the rate of receipt of 1985 assessments had generally been more favourable than in recent years. Application as of 1 January 1985 of approximately US$41 million of the cash surplus of the 1982-83 biennium, representing 20.72 percent of assessed contributions for 1985, had, however, been an important factor in the improved rate of receipts in 1985.

372. The Conference observed that 72 Member Nations had not yet fulfilled their obligation to the Organization with regard to payment of 1985 assessments, notwithstanding that Financial Regulation 5.5 required all Member Nations to pay contributions in full within 30 days of receipt of the Director-General's notification of the amount due, or as of the first day of the calendar year to which they relate, was the later. The Conference also noted that many Member Nations which were fully paid had not, however, remitted their 1935 contributions in a timely manner. In addition, 40 Member Nations currently had arrears of contributions outstanding, relating to assessments for 1984 and prior years.

373. The Conference appealed to all Member Nations to take the necessary actions to ensure timely payment of their assessed contributions for 1986 and urged the 72 Member Nations with outstanding contributions to remit, as soon as possible, amounts due or overdue.

374. The Conference noted that the Finance Committee had given consideration to various measures to deal with the continuing long-term problem of delayed payment of assessed contributions and arrears. The Conference observed that the problem was a particularly difficult one, with no simple solution which could be considered equitable and effective on a continuing basis.

J. Problems with Late Payments and Arrears in Contributions

375. The Conference noted that the Government of Chad had advised that the failure to pay contributions to the Organization was due to conditions beyond its control and had requested that it be permitted to pay its arrears of assessments, plus current contributions in the year of assessments, over a ten year period beginning in 1985.

376. The Conference adopted the following Resolution, which would ensure its voting rights to Chad:

Resolution 18/85

PAYMENT OF CONTRIBUTIONS - CHAD

THE CONFERENCE,

Noting that the Government of the Republic of Chad had made a proposal that it liquidate its arrears of contributions over a period of ten years commencing in 1985, in addition to paying each current contribution in the calendar year of assessment,

Decides that:

(Adopted 9 November 1985)

377. The Conference noted that the Government of Paraguay had advised that the failure to pay contributions to the Organization was due to conditions beyond its control and had requested that it be permitted to pay its arrears of assessments, plus current contributions in the year of assessment, over a ten year period beginning in 1986.

378. The Conference adopted the following Resolution, which would ensure its voting rights to Paraguay:

Resolution 19/85

PAYMENT OF CONTRIBUTIONS - PARAGUAY

THE CONFERENCE,

Noting that the Government of the Republic of Paraguay had made a proposal that it liquidate its arrears of contributions over a period of ten years commencing in 1986, in addition to paying each current contribution in the calendar year of assessment,

Decides that:

(Adopted 9 November 1935)

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