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599. The Twenty - Ninth Session of the Council having before It the draft of an agreement between FAO and an intergovernmental organization, requested the Committee on Constitutional and Legal Matters to examine the draft. The Committee in reporting to the Thirty - First Session of the Council, drew attention to the fact that over the last several years a set of principles had been formulated and approved by, the Conference governing relationship between FAO and international governmental organizations, but that no such principles had so far been established with respect to intergovernmental organizations and that in the absence of guiding principles the Committee experienced difficulty, in carrying out its p task.

600. The Council concurred with the view of the Committee that a set of criteria be drawn up which would serve as guiding lines in the light of which proposals regarding relationship agreements with intergovernmental organizations should be examined.

601. The Conference had before it a set of guiding lines drawn up by the Committee on Constitutional and Legal Matters at the request of the Council and transmitted to the Conference as Document C 59/32.

602. Two Members Nations expressed the view that a more restrictive criterion should be adopted as to the objectives and activities of any intergovernmental organizations in the field of food and agriculture. It was the majority opinion, however, that there should not be any, change in the criteria as drafted by the Committee on Constitutional and Legal Matters.

Resolution No. 69/59

Guiding Lines regarding Relationship between FAO and Intergovernmental Organizations

THE CONFERENCE

Noting the absence of a set of established criteria regarding relationship between FAO and intergovernmental organizations,

Considering the desirability of adopting a set of guiding lines which should be taken into account when considering proposals for formal relationship agreements with intergovernmental organizations,

Having examined the guiding lines drawn up by the Committee on Constitutional and Legal Matters and transmitted to the Conference through the Council as Document C 59/32,

Approves these guiding lines, which should serve as a reminder of the points to be considered when examining formal relationship agreements between FAO and intergovernmental organizations, and the text of which is appended hereto as Appendix G.

603. In 1958 the Director - General was approached on behalf of the League of Arab States with a suggestion that an agreement covering co - operation between the League of Arab States and FAO might be desirable. The Thirty - First Session of the Council transmitted to the Tenth Session of the Conference the draft of a co - operation Agreement with the League of Arab States, which was prepared in the light of the Guiding Lines which the Council had suggested should govern relationship agreements between FAO and intergovernmental organizations.

604. The Conference, when approving the Agreement, wished to emphasize that it was only concerned with such activities of the League as fell within the field of competence of FAO.

605. The Conference further noted that this Agreement related only to activities within member countries of the League of Arab States and was not intended to affect in any way the activities of the Organization in such of its Member Nations located in the geographical area of Near East and Africa as were not member countries of the League of Arab States.

606. The Conference also understood that with respect to the observations which under Article 11, para. 3 of the Agreement might be submitted by the League of Arab States in connection with plans of a regional character which are of interest to countries situated in the area considered, but that are not members of the League, the Director General would take into consideration also the views that might be expressed by such countries. It was furthermore understood that co - operation with the League was to be ensured within the framework of the existing administrative and regional structure of the Organization.

Resolution No. 70/59

Co - operation Agreement with the League of Arab States

THE CONFERENCE

Pursuant to Article XIII para. 1 of the Constitution of the Organization under which the Conference, in order to provide for close cooperation between the Organization and other international organizations with related responsibilities, may enter into agreements with the competent authorities of such organizations for the purpose of defining the distribution of responsibilities and methods of co - operation,

Considering the desirability of strengthening and expanding the practical co - operation which has developed between the League of Arab States and the Organization in the field of food and agriculture,

Considering further the Guiding Lines regarding relationship between FAO and intergovernmental organizations which haze been adopted by the present session of the Conference,

Approves the terms of the Agreement between the League of Arab States and the Organization, which is appended hereto as Appendix C;

Authorizes the Director - General to sign this Agreement; and

Requests the Director - General to take all necessary steps for the implementation of this Agreement.

A. Categories of officials to which the provisions of articles VI and VIII of the convention are to apply
B. Amendments to annex 2 to the convention on the privileges and immunities of the specialized agencies

A. Categories of officials to which the provisions of articles VI and VIII of the convention are to apply

607. Articles VI and VIII of the Convention on the Privileges and Immunities of the Specialized Agencies provide for the privileges and immunities which are to be enjoyed by the officials of the specialized agencies. Section 18 of the Convention states that " Each specialized agency will specify the categories of officials to which the provisions of this Article (Article VI) and of Article VIII shall apply. It shall communicate them to the Governments of all States parties to this Convention in respect of that Agency and to the Secretary - General of the United Nations. The names of the officials included in these categories shall from time to time be made known to the above-mentioned Governments."

608. The Convention on the Privileges and Immunities of the United Nations contains a similar provision. In pursuance of this provision, the General Assembly of the United Nations, by Resolution 76 (1) of 7 December 1946 decided that the categories of officials to which the provisions of Articles V and VII of that Convention shall apply (which Articles correspond to Articles VI and VIII of the Convention on the Privileges and Immunities of the Specialized Agencies), shall include all members of the staff of the United Nations with the exception of those who are recruited locally and are assigned to hourly rates.

609. This criterion has also been applied by FAO since its acceptance of the Convention on the Privileges and Immunities of the Specialized Agencies, but no formal action similar to that of the General Assembly of the United Nations has so far been taken by the FAO Conference with respect to the specification of categories of officials to which the provisions referred to above should apply.

610. The attention of the Organization had been drawn to the fact that for the application of the provisions of the Convention, particularly as regards exemption from taxation in respect to salaries and emoluments, it would be desirable for governments, for internal administrative reasons, to be able to refer to formal action of the FAO Conference.

611. In view of the foregoing, and in order to fulfil the requirements of the Convention, the Conference adopted the following resolution:

Resolution No. 71/59

Categories of Officials to which the Provisions of Articles VI and VIII of the Convention of the Privileges and
Immunities of the Specialized Agencies are to Apply

THE CONFERENCE

Considering Section 18 of Article VI of the Convention on the Privileges and Immunities of the Specialized Agencies which requires that each specialized agency will specify the categories of officials to which the provisions of that Article and Article VIII shall apply, and

Considering the practice hitherto followed by the Food and Agriculture Organization and under which, in implementing the terms of Section 18 of the Convention, due account has been taken of the provisions of Resolution 76 ( 1) of the General Assembly of the United Nations,

Confirms this practice; and

Approves the granting of the privileges and immunities referred to in Articles VI and VIII of the Convention on the Privileges and Immunities of the Specialized Agencies to all officials of the Food and Agriculture Organization, with the exception of those officials recruited locally who are paid on the basis of hourly rates.

B. Amendments to annex 2 to the convention on the privileges and immunities of the specialized agencies

612. The Convention on the Privileges and Immunities of the Specialized Agencies comprises standard clauses which apply to all the specialized agencies that have accepted the Convention and a series of annexes each of which, applicable to a different agency, provides for modifications of certain of the standard clauses in order to adapt these clauses to the requirements of the agencies concerned. The standard clauses of the Convention and Annex 2 thereto relating to FAO were accepted by the Fourth Session of the FAO Conference. In accordance with the Convention, each agency may subsequently amend, in conformity with its constitutional procedure, the annex relating to that agency (see Sections 2, 33, 36, 37, 38 and 47 of the Convention).

613. Associate Members Article V and Article VII, Section 25 of the Convention, mentioned in para. 1 of the said Annex 2, deal with the privileges and immunities to be enjoyed by the representatives of Member Nations of the specialized agencies, and the purpose of para. 1 of the Annex is to extend these privileges and immunities to the Chairman of the Council. At the time the Convention was accepted by the FAO Conference, the Constitution of the Organization did not provide for the possibility of admitting Associate Members. Provisions to that effect were incorporated in the Constitution by the Eighth Session of the Conference in 1955. Several Associate Members have been admitted to the Organization by the Tenth Session of the Conference.

614. Use of codes. The Convention on the Privileges and Immunities of the United Nations provides that experts other than officials of the Organization have the right, for the purpose of their communications with the Organization, to use codes and to receive papers or correspondence by courier or in sealed bags. Annex 7 to the Convention on the Privileges and Immunities of the Specialized Agencies contains a similar provision with respect to one of the specialized agencies. No such stipulation is contained in Annex 2 relating to FAO. One delegation indicated the reservation of its government in this respect, since it considered that the proposal presented practical difficulties in implementation, pointing out, on the other hand, the possibility for the experts concerned to use the normal channels open to their diplomatic missions.

615. The Conference adopted the following resolution:

Resolution No. 72/59

Annex 2 of the Convention on the Privileges and Immunities of the Specialized Agencies

THE CONFERENCE

Considering the desirability of

Decides to amend paras. 1 and 2 (i) (d) of Annex 2 of the Convention on the Privileges and Immunities of the Specialized Agencies by the addition of the words underlined below; and

Requests the Director - General to transmit Annex 2 as revised to the Secretary - General of the United Nations and to such Member Nations of the Organization as are not members of the United Nations.

"1. Article V and Section 25, paras. 1 and 2 (1 ) of Article VII shall extend to the Chairman of the Council of the Organization and to the representatives of Associate Members, except that any waiver of the immunity of the Chairman under Section 16 shall be by the Council of the Organization.,

"2. (i) (d) inviolability of their papers and documents relating to the work of which they are engaged for the Organization and, for the purpose of their communications with the Organization, the right to use codes and to receive papers or correspondence by courier or in sealed bags."

616. The establishment of a Latin American Forest Research and Training Institute was first recommended by the Forestry Conference of the Organization in Latin America, held at Teresopolis in 1948, and later by successive sessions of the Latin American Forestry Commission held between 1949 and 1958.

617. The Sixth Session of the FAO Conference in 1951 approved in principle the establishment of the proposed institute, noting with gratification the offer made by the Government of Venezuela to constitute the central body of the institute at the Forestry School of the University of Los Andes, Mérida, with its attendant buildings.

618. At its Eighth Session in 1955, the FAO Conference approved a Bilateral Agreement between the Government of Venezuela and the Organization, under which the institute was to be organized and operated for a provisional period of two years, it being understood that upon the expiration of this period, the Government of Venezuela and the Director General of the Organization would undertake a revision of its provisions with a view to submitting a Draft Agreement for a more permanent type of establishment to the Ninth Session of the Conference.

619. Pending the elaboration of an organizational policy regarding assistance in establishing regional research and training institutes, the Ninth Session of the Conference in 1957 authorized the Director - General to extend the Provisional Agreement with the Government of Venezuela until the end of 1958, and to take appropriate measures to ensure the continued functioning of the institute until an agreement could be reached for its establishment on a permanent basis.

620. At its Twenty - Ninth Session late in 1958, the FAO Council noted that the contemplated Permanent Agreement could not be approved by the Conference before its Tenth Session to be held in November 1959, and accordingly authorized the Director - General to undertake and conclude negotiations with the competent authorities of the Government of Venezuela, with a view to the extension of the Provisional Agreement for a further period of one year from 1 January to 31 December 1959.

621. The Conference expressed its satisfaction at the progress made in the operation of the institute and took note with appreciation of the facilities and collaboration afforded by the Government of Venezuela and the Forestry faculty of the University, of Los Andes, as well as of the financial support provided by an increasing number of countries of the region, private foundations and business firms. The Conference had before it the draft text of the Agreement for the establishment of the institute on a permanent basis, drawn up jointly by the Government of Venezuela and the Organization, and adopted the following resolution:

622. Resolution No. 73/59

Latin American Forest Research and Training Institute

THE CONFERENCE

Noting with approval and satisfaction the provisional establishment arid operation of the Latin American Forest Research and Training Institute at Mérida (Venezuela), in conformity with Resolutions No. 37/55 and 50/57 of the Eighth and Ninth Sessions of the Conference arid with Resolution No. 3/29 of the Twenty ,Ninth Session of the Council,

Having examined the Draft Agreement between the Organization, the Government of Venezuela and other interested Member Nations and Associate Members of the Organization for the establishment of the institute on a permanent basis under the auspices of the Organization, which draft was submitted to the Conference as Documents C 59/27 and C 59/27, Supp. 1,

Considering the provisions of Article XV of the Constitution of the Organization,

Approves the proposed Multilateral Agreement under which the institute shall be organized and operated, the text of which appears as Appendix E to the present report;

Accepts the Agreement on behalf of the Organization, in accordance with the provisions of Article XV - 2 of the Agreement.

Requests the Director - General to submit the Agreement to interested Member Governments for their early consideration and acceptance, drawing their attention particularly to the provisions of Article XV of the Agreement;

Urges Member Governments concerned to deposit the required instruments of acceptance with the Director - General as soon as possible, so that the Agreement may come into force at an early date;

Further urges Member Governments who become parties to the Agreement to pay their first annual contribution into the account of the institute simultaneously with or immediately after the deposit of the instrument of acceptance;

Commends the Government of Venezuela for the facilities and the considerable financial support that it will continue to make available to the institute in conformity with the provisions of the Agreement;

Suggests that the Government of Venezuela explore the possibility of the present director of the institute continuing to act in this capacity until a president is appointed by the Governing Council of the institute at its first session;

Further invites the Director - General to investigate the possibility of making available the services, on a part - time basis, of one of the staff members of the Organization to continue to perform the functions heretofore carried out under the Provisional Agreement by the technical adviser, until a director is appointed by the Governing Council of the institute at its first session;

Further requests the Director - General to convene, in consultation with the Government of Venezuela, the first session of the Governing Council of the institute as soon as the Agreement has come into force;

Renews its expression of confidence that the institute will render valuable services by undertaking and stimulating regional research efforts and by providing facilities for specialized training in forestry.

623. By Resolution No. 31/57, the Ninth Session of the Conference, having noted that the International Atomic Energy Agency (IAEA) had recognized the desirability of achieving effective co - ordination of the activities of the agency with those of the United Nations and the specialized agencies for avoiding overlapping and duplication of activities, considered that the basis for cooperation between FAO and IAEA should be established in a relationship Agreement. The Director General was also requested to enter into consultation with the Director General of the agency for the purpose of drawing up such an Agreement.

624. In compliance with that resolution, a draft relationship Agreement was submitted to the Twenty - Ninth Session of the Council. The Council, acting in conformity with the provisions of Rule XXV - 4 (c) of the Rules adopted by the Conference, approved the proposed relationship Agreement and transmitted it to the Tenth Session of the Conference for confirmation, in accordance with Article XIII - 1 of the Constitution.

625. Resolution No. 74/59

Co - operation Agreement with the International Atomic Energy Agency

THE CONFERENCE

Considering the desirability of concluding an agreement with the International Atomic Energy Agency for the purpose of ensuring co - operation between FAO and the ,Agency and achieving effective co - ordination of their activities,

Noting with satisfaction that the General Conference of the International Atomic Energy Agency, at its Second Session held in Vienna from 22 September to 4 October 1958 approved the proposed Agreement,

Confirms, in conformity with the provisions of Article XIII - 1 of the Constitution of the Organization, the decision of the Twenty Ninth of the Council approving the co - operation Agreement between the Organization and the International Atomic Energy Agency, the text of which is appended as Appendix F hereto; and

Expresses its confidence that this Agreement will serve to ensure continued fruitful co - operation between the Agency and the Organization.

626. The Ninth Session of the FAO Conference, considering the need for strengthening the regional offices, requested the Director - General to take all necessary steps to set tip a regional office in Africa as soon as possible.

627. The Director - General submitted to the Twenty - Ninth Session of the Council proposals regarding the establishment of a regional office for Africa and of two subregional offices. The Council agreed with these proposals. Since, however, the 1958 - 59 budget provided for funds for one office only, the Council authorized the Director - General to proceed with the installation of the main office during 1959 and agreed with the proposal of the Director - General that Accra should be the site of the main office.

628. The Director - General, acting under the authority given him by Resolution No. 69/51 of the Sixth Session of the Conference, negotiated an Agreement with the Government of Ghana regarding the establishment of the African Regional Office in Accra.

629. Resolution No. 75/59

Agreement concerning the African Regional Office

THE CONFERENCE

Considering the decision taken at the Ninth Session of the Conference regarding the establishment of a regional office in Africa and the approval by the Twenty - Ninth Session of the Council of the Director - General's proposal that this office be located in Accra,

Having examined the Agreement negotiated between the Director - General and the Government of Ghana, the text of which was submitted to the Conference in Documents C 59/15 and C 59/15, Corr. 1,

Approves the Agreement with the Government of Ghana concerning the African Regional Office, the text of which is appended hereto as Appendix D;

Requests the Director - General to take all necessary steps to ensure early implementation of this Agreement, and
Noting further that the text of the Agreement was drawn up before the admission of Associate Members to the Organization at the Tenth Session of the Conference,

Requests the Director - General, by an exchange of letters with the Government of Ghana, to ensure that the privileges and immunities enjoyed under the Agreement by the representatives of Member Nations be extended to representatives of Associate Members.

630. Under the provisions of Rule XXI - 5 of the Rules adopted by the Conference, the Director - General is required to report to the Conference whenever a convention, agreement, supplementary convention or agreement has, in accordance with its terms, come into force or ceased to be in force, or has been amended and the amendments have come into force.

631. The Conference had before it the report submitted by the Director - General in compliance with the requirements of this rule and took cognizance of its contents.

632. As regards the Draft Agreement for the establishment of a Latin American Fisheries Council, the Conference noted that this Draft Agreement had been approved by the Sixth Session of the Conference in 1951 for submission to Member Governments of the Organization with a view to their acceptance. Since that date only two governments had deposited instruments of acceptance.

633. Resolution No. 76/59

Agreement for the Establishment of a Latin - American Fisheries Council

THE CONFERENCE

Noting that the Draft Agreement for the establishment of a Latin American Fisheries Council has been open to adherence since 1951 and that since that date only two governments have deposited instruments of acceptance,

Considering the undesirability of leaving the Draft Agreement indefinitely open for acceptance and prolonging further the state of uncertainty which exists as to whether the Agreement will ever enter into force,

Decides that the Draft Agreement shall remain open for acceptance until 30 September 1960 and that, if by that date, the required number if acceptances to bring the Agreement into force have not been received, the Draft Agreement shall be considered as having been withdrawn,

Requests the Director - General to bring this decision to the attention of all Member Governments of the Organization immediately after the Tenth Session of the Conference; and

Further requests the Director - General, should the Agreement not come into force, to explore the possibility of establishing a regional fisheries commission or commissions under Article VI of the Constitution to serve those Latin American countries that are not so served by similar bodies.

Relations with International Nongovernmental Organizations
Granting of Consultative Status to international Nongovernmental Organizations

634. Resolution No. 77/59

THE CONFERENCE

Recalling that at its Ninth Session it decided to replace the title " Rules of Procedure of the Organization " by " Rules adopted by the Conference,"

Noting that experience has shown that this new title leads to confusion and that it is unnecessarily long,

Decides to adopt the expression " General Rules of the Organization " and to make all the consequential amendments to the present texts.

(Adopted 19/11/59)

Relations with International Nongovernmental Organizations

635. In accordance with the provisions of the FAO policy concerning relations with international nongovernmental organizations, the Director - General submitted his regular biennial report on the development of relations between FAO and international nongovernmental organizations since the Ninth Session of the Conference (C59/34).

636. The Conference noted with satisfaction that the 50 international nongovernmental organizations in formal status with FAO were playing an active part in promoting the achievements of the Organization's objectives.

Granting of Consultative Status to international Nongovernmental Organizations

637. The Conference had before it an application supported by the Council from the World Union of Catholic Women's Organizations (WUGWO) for consultative status with the Organization (C 59/LIM/6) Section III of the FAO policy concerning relations with international nongovernmental organizations provided that the Conference should at each session examine and take a decision upon any proposal submitted by the Council concerning organizations seeking consultative status.

Resolution No. 78/59

Granting of Consultative Status to International Nongovernmental Organizations

THE CONFERENCE

Having considered an application for consultative status submitted by the World Union of Catholic Women's Organizations

Noting the recommendation of the Council concerning this application,

Decides to grant consultative status to the World Union of Catholic Women's Organizations.

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