Contents -


X. Constitutional and legal questions


A. Majority Required for Decisions on the Level of the Budget
B. Transfer of Rule XXIII of the Rules adopted by the Conference to Article XX of the Constitution
C. Increase in the Membership of the Council and Geographical Distribution of Council Seats
D. Attendance at Private Meetings of the Council
E. Voting and Elections
F. International Chestnut Commission and International Poplar Commission
G. Review of Basic Instruments of Bodies established under Article XIV

H. Review of Rules of Procedure of Bodies established under Article VI and Article XIV of the Constitution
I. Clarification of Ninth Conference Resolutions 43/57 and 46/57 in Regard to Membership and Observer Status in Respect of non - Member Nations of Commissions, Committees, Subcommissions and Subcommittees established under Articles VI and XIV of the Constitution

J. Membership in Commodity Study Groups
K. Granting of Observer Status to Nations
L. Guiding Lines regarding Relationship between FAO and Intergovernmental Organizations
M. Agreement with the League of Arab States
N. Convention on the Privileges and Immunities of the Specialized Agencies
O. Agreement for the Establishment on a Permanent Basis of a Latin American Forest Research and Training Institute under the Auspices of FAO

P. Co - operation Agreement with the International Atomic Energy Agency
Q. Agreement with the Government of Ghana Concerning the African Regional Office
R. Report on the Status of Conventions and Agreements and Amendments thereto in Accordance with Rule XXI - 5 of the Rules adopted by the Conference
S. Designation of the Rules adopted by the Conference


A. Majority Required for Decisions on the Level of the Budget

567. The Conference had before it a proposal from a Member Government to the effect that decisions on the level of the budget should be taken by a two - thirds majority of the votes cast. The proposal, which involved an amendment to the Constitution, was submitted to the Conference in accordance with the provisions of Rule XXII of the Rules adopted by the Conference.

Resolution No. 54/59

Majority Required for Decisions on the Level of the Budget

THE CONFERENCE

Considering the advantage that would accrue from a vote displaying evidence of broad support for the approved budget of the Organization,

Decides that the decisions on the level of the budget shall be taken by a two - thirds majority of the votes cast; and, for this purpose,

Adopts the amendment to Article XVIII of the Constitution appearing in Appendix B hereto. (Adopted 11/11/59)

B. Transfer of Rule XXIII of the Rules adopted by the Conference to Article XX of the Constitution

568. By Resolution No. 52/37, the Conference had requested the Council to take the necessary steps to achieve the transfer of the provisions of Rule XXII of the Rules adopted by the Conference, regarding the amendment of Articles of the Constitution, to Article XX of the Constitution.

Resolution No. 55/59

Transfer of Rule XXII of the Rules adopted by the Conference to Article XX of the Constitution

THE CONFERENCE

Considering the desirability of grouping all the provisions regarding amendments to the Constitution under Article XX of the Constitution,

Having examined the draft amendments submitted to it by the Council,

Decides to transfer the provisions of Rule XXII of the Rules adopted by the Conference to Article XX of the Constitution; and, for this purpose,

Adopts the amendments to Article XX of the Constitution and the consequential amendments to Rules XXII and XXXIX. 1 and 4 of the Rules adopted by the Conference, as indicated in Appendix B hereto.

(Adopted 7/11/59)

C. Increase in the Membership of the Council and Geographical Distribution of Council Seats

569. By Resolution No. 51/57, the Ninth Session of the Conference had placed on record the desirability of increasing the membership of the Council from 24 to 25 in order to provide an additional seat for the African region, and had decided to place this question on the agenda of the Tenth Session of the Conference.

Resolution No. 56/59

Increase in the Membership of the Council

THE CONFERENCE

Considering the terms of Resolution 51/57, which it adopted at its Ninth Session regarding the desirability of increasing the membership of the Council from 24 to 25,

Amends Article V, para. 1 of the Constitution of the Organization, as indicated in Appendix B hereto, in order to effect this increase;

Adopts the consequential amendment to Rule XXIII - 1(b) of the Rules adopted by the Conference, likewise indicated in Appendix B hereto;

Decides that the additional seat will be included in the group that will assure the additional Council member of a term of office of three years from the time of election and that this seat be allocated to the African region.

(Adopted 6/11/59)

The Tenth Session of the Conference also had before it a proposal from the Government of Viet - Nam, in which that Government, pointing out that since the establishment of the Organization many countries in Asia had gained their independence and had become members of the Organization, suggested that the number of seats allotted to the countries of Asia on the Council of the Organization be increased from five to six.

Resolution No. 57/59

THE CONFERENCE

Considering the increase in the membership of the Organization over the past several years and the resultant modification in the number of members of the Organization in some of the geographical regions, which number constitutes one of the factors for the allotment of Council seats,

Noting that the Seventh Session of the Conference had stated that the problem of a balanced geographical representation required periodic examination, not merely to take account of changing circumstances but also to introduce such improvements as would ensure the most equitable distribution of seats.

Requests the Council to examine the desirability of further increasing the membership of the Council in the light of the admission of new members to the Organization, taking into account the practice of other United Nations specialized agencies and the question of the geographical distribution of seats;

Instructs the Council to submit its recommendations on these matters in the report of the session which, in accordance with the provisions of Rule XVI - 2(b) of the Rules adopted by the Conference, the Council is to hold approximately " midway between the regular sessions of the Conference "; and

Decides to place the questions referred to above on the agenda of the next regular session of the Conference.

(Adopted 7/11/59)

D. Attendance at Private Meetings of the Council

570. The statement of principles relating to the granting of observer status to nations, which was adopted by the Ninth Session of the Conference, contains the following passage relating to " executive, private and closed meetings of the Council ":

" Rule (A of the Rules adopted by the Conference provides that any Member Nation not represented on the Council and any Associate Member may submit memoranda and participate without vote in any discussion of the Council. In interpreting this rule it will be understood that, as a general practice, Member Nations of the Organization that are not members of the Council or Associate Members should be admitted to executive, private or closed meetings, unless the Council decides otherwise in cases of necessity."

The Conference considered that this principle should be included in the Rules adopted by the Conference, and consequently requested the Council to submit to the Tenth Session of the Conference a draft amendment to Rule XXVI - 9.

Resolution No. 58/59

Attendance at Private Meetings of the Council

THE CONFERENCE

Considering that the principle which it had enunciated at its Ninth Session regarding attendance by Member Nations of the Organization that are not members of the Council and of Associate Members at private sessions of the Council should be included in the Rules adopted by the Conference,

Having examined the draft amendment to Rule XXVI - 9 which at its request, had been submitted by the Council,

Adopts this amendment as it appears In Appendix B hereto.

(Adopted 7/11/59)

The matter dealt with in the preceding resolution of the Conference originated in connection with private meetings of the Council. In answer to a question which was raised, the Conference decided that the principle embodied in the relevant amendment indicated in Appendix B regarding private meetings of the Council did not necessarily have to apply rigidly to all the subsidiary bodies of the Organization, such as the CCP, and that these bodies should be allowed some flexibility in this respect.

The Conference also decided that in line with the provisions of the Constitution and the Rules adopted by the Conference, the only terminology to be used in the future in statements of principle adopted by the Conference or in the rules of subsidiary bodies should be " private meetings " and that the terms " executive or closed meetings " should be discarded.

E. Voting and Elections

571. At its Ninth Session, the Conference had adopted a system of successive ballots for multiple elections conducted by the Conference and the Council. The Council had applied this system for the first time at its Twenty - Eighth Session for the election of the Program Committee, the Committee on Commodity Problems and the Committee on Constitutional and Legal Matters. Experience at these elections had led the Council to consider that the attention of the Conference should be drawn to the length of time involved. The Council, considering that the multiple elections conducted by the Council were not of the same character as those that were conducted by the Conference, had suggested to the Conference that it approve a less cumbersome and simpler system for multiple elections conducted by the Council itself and, for this purpose, submitted to the Conference draft amendments to the relevant provisions of the Rules adopted by the Conference.

Resolution No. 59/59

Multiple Elections

THE CONFERENCE

Considering that the character of the multiple elections conducted by the Council is somewhat different from that of those conducted by the Conference, and

Having examined the comments of the Council as set forth in its report to the Conference,

Concurs with the views expressed by the Council;

Decides to amend the relevant rules of the Rules adopted by the Conference, for the purpose of providing a more simple system for multiple elections conducted by the Council; and, for this purpose,

Adopts the amendments to the Rules adopted by the Conference which are given in Appendix B hereto.

(Adopted 7/11/59)

Rule XII - 9 (a) of the Rules adopted by the Conference provides that:

" The appointment of the Chairman of the Council and of the Director - General, the admission of additional Member Nations and Associate Members and the election of Council Members shall be decided by secret ballot. Other elections shall also be decided by secret ballot, except that in the case of an election in which there are not more candidates than vacancies, the Chairman may submit to the Conference or Council that the appointment be decided by clear general consent ."

The Council had suggested that the Conference might wish to consider the desirability of modifying this rule in order to make it possible for the appointment of the Chairman of the Council and of the Director General and the election of Council members to be decided by clear general consent, when there were not more candidates than vacancies. The Conference, however, considered that it was preferable to always maintain the secrecy of the ballot in the four cases enumerated in Rule XII - 9 (a) and therefore decided not to amend this provision.

F. International Chestnut Commission and International Poplar Commission


International chestnut commission
International poplar commission


572. The Ninth Session of the FAO Conference held in Rome in 1957 noted that the provisions of the statutes of certain bodies working in liaison with the Organization were a cause of confusion in regard to their legal status. There was some doubt as to whether these bodies should be considered as entirely, independent legal entities with only working relations with the Organization, or were to be considered as bodies established within the framework of the Organization. In particular, the Conference noted that the statutes of the International Chestnut Commission and of the International Poplar Commission were ambiguous in regard to their legal status.

573. The Conference therefore requested the Director - General to approach these Commissions in order to clarify the situation.

International chestnut commission

574. In accordance with the decision of the Conference, the Director - General, when inviting the member countries of the Commission to attend the Fourth Session of the Commission held in Yugoslavia (22 - 30 September 1959), drew the attention of these member countries to the legal status of the Commission and suggested that the delegations to the session be given instructions enabling them to express the views of their governments as to whether the Commission should be considered as an independent body or as a Commission of the Organization. During that session of the Commission, the attending delegations unanimously expressed themselves in favor of the integration of the Commission with the Organization under Article VI of the FAO Constitution.

575. The Commission requested that its objectives as originally defined should always receive the greatest attention and, in view of the rapidity with which the different chestnut diseases developed and of the economic conditions affecting the use of the chestnut, requested in addition that the Director - General convene the Commission in principle every two years, in order to review the present situation and future trends.

576. In view of the decisions of the Ninth Session of the FAO Conference and of the Fourth Session of the International Chestnut Commission, the Conference adopted the following resolution for the establishment of the International Chestnut Commission within the framework of the Organization under Article VI of the Constitution:

Resolution No. 60/59

International chestnut commission

THE CONFERENCE

Considering Resolutions No. 46/57 and 47/57 concerning the steps to be taken to avoid any ambiguity in the legal status of bodies established under the aegis of the Organization,

Considering the wish expressed by the International Chestnut Commission to the effect that the Commission be established within the frame work of the Organization in accordance with the provisions of Article VI of the Constitution of the Organization,

Reaffirming the desirability of international co - operation in the study of all scientific, technical and economic questions concerning chestnuts,

Decides to place the International Chestnut Commission within the framework of the Food and Agriculture Organization of the United Nations in accordance with the provisions of Article VI of the Constitution of the Organization; and

Further decides that the statutes of the Commission shall be as follows:

(a) Membership in the International Chestnut Commission shall be open to all Member Nations and Associate Members of the Food and Agriculture Organization of the United Nations that are interested in chestnut cultivation. Membership shall comprise such eligible Member Nations as have notified the Director - General of the Organization of their desire to be considered as members.

(b) The functions of the Commission shall be:

(i) to study the scientific, technical, social and economic aspects of chestnut cultivation;

(ii) to promote the exchange of ideas and material between research workers, producers and users;

(iii) to arrange joint research programs;

(iv) to stimulate the organization . on of congresses combined with study tours.

(c) The Commission shall report and make recommendations to the Conference of the Organization, through the Director - General of the Organization, it being understood that copies of its reports, including any recommendations, will be circulated to interested governments for their information as soon as they become available.

(d) The Commission, in consultation with the Director - General of the Organization, shall determine the dates and places of its sessions. When sessions are held elsewhere than at the Headquarters of the Organization, all additional expenses relating to such sessions shall be borne by the host government.

(e) The Commission may adopt and amend his own rules of Procedure, which shall come into force upon approval by the Director General of the Organization, subject to confirmation by the Conference.

577. Upon adoption of this resolution, the International Chestnut Commission shall be requested to make a formal pronouncement to the effect that the terms of this resolution shall be considered as superseding the previous statutes of the Commission.

International poplar commission

578. In accordance with Resolution No. 47/57 of the Ninth Session of the Conference, the Director - General approached the International Poplar Commission with a view to clarifying the legal status of the Commission in its relations with FAO. The member countries of the Commission expressed by a large majority their wish to see the Commission integrated with FAO under Article XIV of the FAO Constitution.

579. The International Poplar Commission, at its Tenth Session held in Venice in September 1959, unanimously approved the text of the draft Convention placing the Commission within the framework of FAO. This text was submitted to the Conference as Annex A to Document C 59/26.

580. In order to stress the continuity of the legal status of the Commission, the latter decided that once the present Convention becomes operative:

(a) the Commission will resume and continue the work carried out since 1947;

(b) Professor Ph. Guinier (France) will remain Honorary Founder Chairman of the Commission;

(c) the Standing Executive Committee, elected in Paris in 1957, will remain in office subject to the provisions of Article
VII of the Convention and to confirmation by the Commission at the first session held after the convention becomes operative;

(d) the sessions of the Commission, after the Convention becomes operative, will be a continuation of the sessions held by the Commission since its creation in Paris in 1947.

581. The Commission also suggested some minor amendments to the draft Convention which were submitted to the Conference in Document C 59/26, Supp. 1.

Resolution No. 61/59

International Poplar Commission

THE CONFERENCE

Considering the terms of Resolutions 46/57 and 47/57 which it adopted at its Ninth Session regarding steps to be taken to avoid any ambiguity with respect to the legal status of bodies established under the aegis of the Organization,

Considering the wish expressed by the International Poplar Commission that the Commission be placed within the framework of FAO under Article XIV of the Constitution of the Organization,

Considering further the desirability of promoting international co - operation in the study of all scientific, technical, social and economic aspects of Poplar cultivation,

Having examined the text of the draft Convention. placing the International Poplar Commission within the framework of FAO, which was submitted to the Conference as Annex A to Document C 59/26, as well as the amendments to this text suggested by the International Poplar Commission and which were submitted to the Conference in Document C 59/26, Supp. 1,

Decides to modify the draft text of the Convention in the light of the suggestions of the International Poplar Commission and to add at the end of this text the " Testimonium " appearing in Document C 59/26, Supp. 2;

Approves for submission to Member Nations with a view to their acceptance, in conformity with the provisions of the Constitution of the

Organization, the text of the Convention placing the International Poplar Commission within the framework of FAO under Article XIV of the Constitution of the Organization and which appears as Appendix H to this report.

Review of Terms of Reference of Bodies

Established under Article VI

582. The Conference at its Ninth Session in 1957 had noted that as regards certain bodies established prior to 1955 under Article VI of the Constitution, the purpose of these bodies and their functions or terms of reference were in some instances omitted from the Conference resolutions establishing these bodies, or the), were vague. The Conference decided that the relevant resolutions should be revised and has therefore adopted the following resolution:

Resolution No. 62/59

Terms of Reference of Bodies established under Article VI

THE CONFERENCE

Having reviewed the terms of reference of the Regional Forestry Commissions of the Organization established under Article VI of the Constitution, in pursuance of Resolution 46/57 and in particular of para. 22 of Appendix D thereto,

Decides to redefine as follows the statutes of the existing Regional Forestry Commissions:

A. Asia - Pacific Forestry Commission, European Forestry Commission, Latin - American Forestry Commission and Near East Forestry Commission

1. The functions of each of these Commissions shall be to advise on the formulation of forest policy and to review and co - ordinate its implementation on the regional plane; to exchange information and, generally, through special subsidiary bodies, advise on suitable practices and action in regard to technical problems and make appropriate recommendations in relation to the foregoing.

2. Membership in each Commission is open to all Member Nations and Associate Members of the Food and Agriculture Organization whose territories are situated wholly or partly in the region concerned as defined by the Organization, or who are responsible for the international relations of any non - self - governing territories in that region. Membership shall comprise such eligible nations as have notified the Director General of the Organization of their desire to be considered as members.

3. Any Member Nation of the Organization and any Associate Member that is not a member of the Commission considered but has a special interest in the work of the Commission, may, upon request communicated to the Director General of the Organization, attend as observer, sessions of the Commission, and of its subsidiary bodies and ad hoc meetings.

4. Nations which, while not Member Nations or Associate Members of the Organization, are members of the United Nations may be invited, on their request, to attend in an observer capacity meetings of the Commission in accordance with the provisions relating to the granting of observer status to nations adopted by the Conference of the Organization.

5. Each Commission shall report and make recommendations to the Conference through the Director - General of the Organization, it being understood that copies of its reports, including any conclusions and recommendations, will be circulated to interested Member Governments and international organizations for their information as soon as they become available.

6. Each Commission may establish such subsidiary bodies as it deems necessary for the accomplishment of its task, subject to the availability of the necessary funds in the relevant chapter of the approved budget of the Organization.

7. Each Commission may adopt and amend its own rules of procedure, which shall come into ,force upon approval by the Director - General, subject to confirmation by the Conference.

B. Joint EFC/NEFC Subcommission on Mediterranean Forestry Problems

1. The functions of the Subcommission shall be to advise, in the light of past and current trends in land use, on the formulation of a broad forest policy for those countries whose territories are situated wholly or in part in the Mediterranean basin proper, or whose forest, agriculture and grazing economies are intimately associated with those of the Mediterranean area, especially in regard to soil conservation, afforestation and long - term production of timber; to co - ordinate the implementation of this forest policy; to exchange information and, generally, through special subsidiary bodies, advise on suitable practices and action in regard to technical problems; and make appropriate recommendations in relation to the foregoing.

2. Membership in the Subcommission is open to all Member Nations of the European and Near East Forestry Commissions of the Food and Agriculture Organization of the United Nations, whose territories are situated wholly or in part in the Mediterranean basin proper, or whose forest, agricultural or grazing economies are intimately associated with those of the Mediterranean region. Membership shall comprise such eligible nations as have notified the Director - General of the Organization of their desire to be considered as members.

3. Any Member Nation of the Organization and any Associate Member that is not a member of the Subcommission but has a special interest in the work of the Subcommission may, upon request communicated to the Director - General of the Organization, attend as observer, sessions of the Subcommission and of its subsidiary bodies and ad hoe meetings.

4. Nations which, while not Member Nations or Associate Members of the Organization, are members of the United Nations may be invited on their request to attend in an observer capacity meetings of the Subcommission in accordance with the provisions relating to the granting of observer status to nations adopted by the Conference of the Organization.

5. The Subcommission shall report and make recommendations to the Conference through the Director - General of the Organization, it being understood that copies of its reports, including any conclusions and recommendations, will be circulated to interested Member Governments and international organizations for their information as soon as they become available.

6. The Subcommission may establish such subsidiary bodies as it deems necessary for the accomplishment of its task, subject to the availability of the necessary funds in the relevant chapter of the approved budget of the Organization.

7. The Subcommission may adopt and amend its own rules of procedure which shall come into force upon approval by the Director - General, subject to confirmation by the Conference.

G. Review of Basic Instruments of Bodies established under Article XIV

583. The FAO Conference at its Ninth Session, by Resolution No. 46/57, had urged the parties to existing conventions and agreements and the bodies established thereunder to apply, as far as possible, the rules contained in the statement of principles as adopted by the Conference and reflected in the amendments to the Constitution and the Rules of Procedure of the Organization adopted in 1957. The Conference had furthermore invited these parties to amend the texts of these conventions and agreements when feasible in order to bring them into line with said principles and amendments.

584. In pursuance of this resolution, the attention of the bodies established under Article XIV of the Constitution was drawn to the above request of the Conference.

585. The Conference noted that this matter was at present under consideration within the International Rice Commission, the European Commission for the Control of Foot - and - Mouth Disease, the Indo - Pacific Fisheries Council and the General Fisheries Council for the Mediterranean.

H. Review of Rules of Procedure of Bodies established under Article VI and Article XIV of the Constitution


Confirmation of Rules of Procedure of Article VI Bodies
Rules of Procedure of Article XIV Bodies


Confirmation of Rules of Procedure of Article VI Bodies

586. Article VI of the FAO Constitution provides that commissions and committees established under Article VI may adopt and amend their own rules of procedure which shall come into force upon approval by, the Director - General, subject to confirmation by the Conference or the Council as appropriate.

587. The Conference at its Ninth Session in Resolution No. 46/57 had resolved that the constituent rules of existing bodies established under Article VI of the Constitution should thenceforth be governed by the principles embodied in Appendix D to the report of the Ninth Session of the Conference relating to commissions and committees established under that Article.

Resolution No. 63/59

Rules of Procedure of Article VI Bodies

THE CONFERENCE

Considering the terms of Resolution No. 46/57 which was adopted by the Conference at its Ninth Session, and by which it had resolved that the constituent rules of existing bodies established under Article VI of the Constitution were to be governed by the principles embodied in Appendix D to the report of the Ninth Session of the Conference,

Having examined the rules of procedure as modified by the bodies listed below, in order to bring them into line with the principles referred to above, which rules had been approved by the Director - General of the Organization and were submitted to the Conference as Annexes B, C, D, E and F to Document C 59/26:

(a) European Commission on Agriculture
(b) Near East Forestry Commission
(c) Joint subcommission on Mediterranean Forestry Problems
(d) Latin American Forestry Commission
(c) European Forestry Commission

Decides that these rules should be amended as indicated in Appendix B hereto;

Confirms these rules subject to the adoption by the commissions concerned of the amendments referred to in the preceding paragraphs and

Further decides to amend, as indicated in Appendix B hereto, para. 20 of the " Statement of Principles and Procedures which should govern conventions and agreements concluded under Articles XIV and XV of the Constitution and commissions and committees established under Article VI of the Constitution, " which was adopted by the Conference at its Ninth Session as Appendix D to the report of that session.

Rules of Procedure of Article XIV Bodies

588. The amendments to the basic instruments of bodies established under Article XIV of the Constitution will entail consequential amendments to the rules of procedure of these bodies. This task, however, can only be undertaken once the basic instruments have been modified. The amended rules of procedure will be submitted in due course to the Council for approval in conformity with the rule laid down in para. 35 of Appendix D to the report of the Ninth Session of the Conference.

I. Clarification of Ninth Conference Resolutions 43/57 and 46/57 in Regard to Membership and Observer Status in Respect of non - Member Nations of Commissions, Committees, Subcommissions and Subcommittees established under Articles VI and XIV of the Constitution

589. In September 1958 a request was received from a former Member Nation of FAO for admission to membership of the FAO Cocoa Study Group.

590. Rule XXX - 9 of the Rules adopted by the Conference provided that the CCP may establish Commodity Stud), Groups and that the membership of such groups may include nations which, while not Member Nations or Associate Members of the Organization, are members of the United Nations.

591. This provision reflects the terms of para. 23 of the Statement of Principles adopted by the Ninth Session of the Conference to govern commissions and committees established tinder Article VI of the FAO Constitution (Appendix D to the report of the Ninth Session of the Conference).

592. In accordance with Rule XXX - 9 of the Rules adopted by the Conference, the request referred to above was submitted to the Thirty - First Session of the CCP. The Committee, however, noted that the government which had submitted the application was a former member of FAO, having withdrawn leaving arrears of contribution, and that the principles relating to the granting of observer status to nations provided that:

"Former Member Nations of the Organization that have withdrawn leaving arrears of contribution shall not be permitted to send an observer to any meeting of the Organization until such time as they have paid up all such arrears or the Conference has approved an arrangement for the settlement thereof, or unless the Council, in special circumstances, decides otherwise with respect to such attendance."

In view of this provision, the CCP referred the matter to the Council for guidance.

593. In accordance with the text quoted above, a Member Nation having withdrawn leaving arrears of contribution and wishing to obtain observer status must first obtain the approval of the Council after having paid up all its arrears or entered into an arrangement with the Conference. No similar condition regarding contributions in arrears is provided for in the text concerning admission to membership of the Commodity Study Groups.

594. The Council felt that it would be desirable for the Conference to clarify the matter by stating whether it had been its intention that admission to Commodity Study Groups should be qualified in the same manner as the granting of observer status, with respect to contributions in arrears.

Resolution No. 64/59

Membership of non - Member Nations in Bodies established under the Aegis of FAO

THE CONFERENCE

Considering that the provision of para. 4 of the Statement of Principles regarding the granting of observer status to non - Member Nations of the Organization that have withdrawn leaving arrears of contribution, constitutes a principle of fundamental importance,

Confirms that at the lime the Statement of Principles was adopted by the Ninth Session of the Conference, the understanding of the Conference was that the provision of para. 4 of that statement was to apply both to the granting of observer status and to the admission of non - Member Nations that are members of the United Nations to the bodies established under the aegis of the Organization; and

Therefore amends, as indicated in Appendix B hereto, para. 2,3 of Annex D to the report of the ,Ninth Session of the Conference, as well as Rule XXX - 9 of the Rules adopted by the Conference.

(Adopted 19/11/59)

595. As regards the settlement of arrears on the part of former Member Nations of the Organization that wish to be admitted to membership in a Commodity Study Group, the Council suggested that there might be two possible approaches to the matter. On the one hand, the method previously, followed in the case of readmission of a former Member Nation in arrears of contribution to full membership in the Organization could be applied. On the other hand, considering that the activities of a Commodity Study, Group and the servicing with respect to such activities represent a fraction of the total activities and servicing of the Organization, the Council felt that the Conference might wish to consider the desirability of requesting such a former Member Nation, after it had formally, recognized its outstanding debt, to undertake the settlement of this debt through the payment of appropriate instalments to be determined by the Conference. The amount of such instalments would be related to the costs of servicing the Commodity Study Group in question. Should such a nation subsequently, apply for readmission to full membership the Conference would make a further decision concerning the settlement of arrears, having due regard to those payments made in the meantime.

Resolution No. 65/59

THE CONFERENCE

Considering that the activities of a Commodity Study Group and the servicing with respect to such activities represent a fraction of the total activities of the Organization,

Decides that after a former Member Nations having withdrawn leaving arrears of contribution, has formally recognized its outstanding debt, such a nation, before being admitted to membership in a Commodity Study Group, would be requested to undertake the settlement of this debt through appropriate arrangements to be determined by the Conference.

596. During the Conference's discussions on the matter dealt with above, the. opinion was expressed that, as a general rule, non - Member Nations of the Organization that become members of bodies established under the aegis of FAO should ordinarily be called upon to contribute toward the expenses incurred by the Organization with respect to the activities of these bodies.

Resolution No. 66/59

THE CONFERENCE

Considering that any non - Member Nation of the Organization that becomes a member of a body established under the aegis of F40 should ordinarily be called upon to contribute toward the expenses incurred by FAO in connection with the activities of these bodies,

Amends, as indicated in Appendix B hereto, para. 32 of the Statement of Principles appearing as Annex D to the report of the Ninth Session of the Conference; and

Requests the Council to suggest an appropriate amendment to the Financial Regulations.

J. Membership in Commodity Study Groups

597. During the discussions on the above matters, the attention of the Conference was 1 drawn to the fact that under the provisions 1 of para. 23 of the Statement of Principles governing commissions and committees (Appendix D to the report of the Ninth Session of the Conference) and of Rule XXX - 9 to the Rules adopted by the Conference, the CCP had full authority to act without 1 reference to any other organ of FAO to admit to membership in Commodity, Study Groups non - ',Member Nations of FAO that 1 were members of the United Nations. On the other hand, the Statement of Principles regarding the granting of observer status provided that non - Member Nations of FAO that were members of the United Nations 5 might, on request and with the approval of the Council, attend regional or technical meetings of the Organization as observers. This provision also applied to the meetings of the Commodity Study Groups. The Conference decided that this inconsistency, should be removed and adopted the following resolution:

Resolution No. 67/59

Membership in Commodity Study Groups

THE CONFERENCE

Noting that under the provisions of para. 23 of the " Statement of Principles and Procedures which should govern conventions and agreements concluded under Articles XIV and XV, of the Constitution and commissions and committees established under Article VI of the Constitution " and of the provisions of Rule XXX - 9 of the Rules adopted by the Conference, the Committes on Commodity Problems may admit to membership in Commodity Study Groups non - Member Nations of FAO that are members of the United Nations, while the prior approval of the Council is necessary for such non - Member Nations to attend regional or technical meetings of the Organization as observers, and hence meetings of the Commodity Study Groups, Decides to remove this inconsistency; and for this purpose , Adopts the amendments to para. 23 of the Statement of Principles referred to above and Rule XXX - 9 of the Rules adopted by the Conference, as is indicated in Appendix B hereto.


(Adopted 18/11/159)

K. Granting of Observer Status to Nations

598. In connection with the provision of the Statement of Principles adopted by the Ninth Session of the Conference regarding the granting of observer status to non - Member Nations of the Organization, the Conference noted that there had been some question as to whether the FAO Council was the authority to make the determination with respect not only to bodies established under Article VI of the Constitution but also those set up by an agreement concluded under Article XIV of the Constitution.

Resolution No. 68/59

Granting of Observer Status to Nations

THE CONFERENCE

Considering that there has been some question as to the authority of the F - 40 Council regarding the granting of observer status to non - Member Nations of FAO that are members of the United Nations with respect to bodies established by a convention or agreement concluded under Article XIV of the Constitution, and

Considering the terms of Resolution 43/57 and 46/57,

Confirms that the authority to make the determination rests with the Council both as regards bodies established under Article VI of the Constitution and those set up by a convention or agreement concluded under Article XIV of the Constitution.


Contents -