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F. Agreement between the international atomic energy agency and the food and agriculture organization of the United Nations

ARTICLE I

Co - operation and Consultation

1. The International Atomic Energy Agency and the Food and Agriculture Organization of the United Nations agree that with a view to facilitating the effective attainment of the objectives set forth in their respective constitutional instruments, within the general framework established by the Charter of the United Nations, they will act in close cooperation with each other and will consult each other regularly in regard to matters of common interest.

2. The Food and Agriculture Organization of the United Nations recognizes the responsibilities of the International Atomic Energy Agency as set forth in the Statute of the Agency, and as recognized in the Agreement between the United Nations and the Agency, and the exchange of letters which accompanied that Agreement.

3. The International Atomic Energy Agency recognizes the responsibilities of the Food and Agriculture Organization of the United Nations as set forth in the Constitution of that Organization and recognized in the Agreement between the United Nations and the Food and Agriculture Organization of the United Nations.

4. In particular, the Food and Agriculture Organization of the United Nations recognizes that the International Atomic Energy Agency, by virtue of its Statute and its primary responsibility in the field of the peaceful uses of atomic energy, has a corresponding concern in the co - ordination of world - wide activities in this field, without prejudice to the responsibility of the Food and Agriculture Organization of the United Nations in matters relating to food and agriculture as defined in its constitution.

5. Accordingly, in all cases where either organization proposes to initiate a program or activity on a subject in which the other organization has or may have a substantial interest, the first party shall consult the other before bringing to finality the program or initiating the activity.

ARTICLE II

Reciprocal Representation

1. Representatives of the Food and Agriculture Organization of the United Nations shall be invited to attend the General Conference of the International Atomic Energy Agency and to participate without vote in the deliberations of that body and, where appropriate, of its subsidiary organs (e.g., commissions and committees) with respect to items on their agenda in which the Food and Agriculture Organization of the United Nations has an interest.

2. Representatives of the International Atomic Energy Agency shall be invited to attend the Conference of the Food and Agriculture Organization of the United Nations and to participate without vote in the deliberations of that body and of its committees or commissions with respect to items on their agenda in which the International Atomic Energy Agency has an interest.

3. Representatives of the Food and Agriculture Organization of the United Nations shall be invited, as appropriate, to attend meetings of the Board of Governors of the International Atomic Energy Agency and to participate without vote in the deliberations of that body and of its commissions and committees with respect to items on their agenda in which the Food and Agriculture Organization of the United Nations has an interest.

4. Representatives of the International Atomic Energy Agency shall be invited, as appropriate, to attend meetings of the Council of the Food and Agriculture Organization of the United Nations and to participate without vote in the deliberations of that body and of its committees with respect to items on their agenda in which the International Atomic Energy Agency has an interest.

5. Appropriate arrangements shall be made by agreement, from time to time, for the reciprocal representation of the International Atomic Energy Agency and the Food and Agriculture Organization of the United Nations at other meetings convened under their respective auspices which consider matters in which the other organization has an interest.

ARTICLE III

Exchange of Information and Documents

1. The International Atomic Energy Agency and the Food and Agriculture Organization of the United Nations recognize that they may find it necessary to apply certain limitations for the safeguarding of confidential information furnished to them. They therefore agree that nothing in this Agreement shall be construed as requiring either of them to furnish such information as would, in the judgment of the party possessing the information, constitute a violation of the confidence of any of its members or anyone from whom it has received such information or otherwise interfere with the orderly conduct of its operations.

2. Subject to such arrangements as may be necessary for the safeguarding of confidential material, the Secretariat of the International Atomic Energy Agency and the Secretariat of the Food and Agriculture Organization of the United Nations shall keep each other fully informed concerning all projected activities and all programs of work which may be of interest to the other party.

3. The Director - General of the International Atomic Energy Agency and the Director - General of the Food and Agriculture Organization of the United Nations or their representatives shall, at the request of either party, arrange for consultations regarding the provision by, either party of such special information as may be of interest to the other party.

ARTICLE IV

Proposal of Agenda Items

After such preliminary consultations as may be necessary, the Food and Agriculture Organization of the United Nations shall include on the provisional agenda of its Conference or its Council items proposed to it by the International Atomic Energy Agency. Similarly, the International Atomic Energy Agency shall include on the provisional agenda of its General Conference or its Board of Governors items proposed by the Food and Agriculture Organization of the United Nations. Items submitted by either party for consideration by the other shall be accompanied by an explanatory memorandum.

ARTICLE V

Co - operation between Secretariats

The Secretariat of the International Atomic Energy Agency and the Secretariat of the Food and Agriculture Organization of the United Nations shall maintain a close working relationship in accordance with such arrangements as may have been agreed upon from time to time by the Director - General of the Agency and the Food and Agriculture Organization of the United Nations.

ARTICLE VI

Administrative and Technical Co - operation

The International Atomic Energy Agency and the Food and Agriculture Organization of the United Nations agree to consult each other from time to time regarding the most efficient use of personnel and resources and appropriate methods of avoiding the establishment and operation of competitive or overlapping facilities and service.

ARTICLE VII

Statistical Services

In view of the desirability of maximum co - operation in the statistical field and of minimizing the burdens placed on national governments and other organizations from which information may be collected, the International Atomic Energy Agency and the Food and Agriculture Organization of the United Nations undertake to avoid undesirable duplication between them with respect to the collection, compilation and publication of statistics and to consult with each other on the most efficient use of information, resources and technical personnel in the field of statistics.

ARTICLE VIII

Personnel Arrangements

The International Atomic Energy Agency and the Food and Agriculture Organization of the United Nations agree that the measures to be taken by them, within the framework of any general arrangements for co - operation in regard to personnel matters which are made by the United Nations, will include:

(a) measures to avoid competition in the recruitment of their personnel; and

(b) measures to facilitate interchange of personnel on a temporary or permanent basis, in appropriate cases, in order to obtain the maximum benefit from their services, making due provision for the protection of the seniority, pension and other rights of the personnel concerned.

ARTICLE IX

Financing of Special Services

If compliance with a request for assistance made by either organization to the other would involve substantial expenditure for the organization complying with the request, consultation shall take place with a view to determining the most equitable manner of meeting such expenditure.

ARTICLE X

Implementation of the Agreement

The Director - General of the International Atomic Energy Agency and the Director General of the Food and Agriculture Organization of the United Nations may enter into such arrangements for the implementation of this Agreement as may be found desirable in the light of the operating experience of the two organizations.

ARTICLE XI

Notification to the United Nations and Filing and Recording

1. In accordance with their respective Agreements with the United Nations, the International Atomic Energy Agency and the Food and Agriculture Organization of the United Nations will inform the United Nations forthwith of the terms of the present Agreement.

2. On the coming into force of the present Agreement in accordance with the provision of Article XIII, it will be communicated to the Secretary - General of the United Nations for filing and recording.

ARTICLE XII

Revision of the Agreement

This Agreement shall be subject to revision by agreement between the International Atomic Energy Agency and the Food and Agriculture Organization of the United Nations.

ARTICLE XIII

Entry into Force

This Agreement shall come into force on its approval by the General Conference of the International Atomic Energy Agency and the Conference of the Food and Agriculture Organization of the United Nations.

G. Guiding lines for formal relationship agreements between FAO and other intergovernmental organizations

The following matters should be taken into account when considering relationship agreements with international intergovernmental organizations other than those of the United Nations family:

A. Intergovernmental character of the other organization
B. Desirability of concluding formal agreements
C. Contents of agreements Scope and methods of co - operation

A. Intergovernmental character of the other organization

The present criteria applied by, FAO for recognizing the intergovernmental character of an organization should be maintained, i.e.:

(a) The organization should have been set up by an intergovernmental convention (a convention to which the parties are states).

(b) The governing body of the organization should be composed of members designated by governments.

(c) The income of the organization should be made up mainly, if not exclusively, of contributions from governments.

B. Desirability of concluding formal agreements

When taking a policy decision as to whether a formal agreement should be concluded with an intergovernmental organization, consideration should be given to:

1. Factors inherent in the other organization

(a) The aims and purposes of the organization should be in conformity with the general principles embodied in the Charter of the United Nations and the Constitution of FAO.

(b) The objectives and activities of the organization should be related at least partly to food and agriculture and/or should have the purpose of promoting cooperation among the members of the organization in related fields.

(c) The structure and methods of operation of the organization should be such as to ensure that it may effectively co - operate with FAO and further the objectives of FAO.

(d) The organization should have legal capacity to enter into agreements with other international organizations; prior evidence should be obtained that the conclusion of an agreement has been duly authorized by the competent body.

(e) The nature of the relations that the organization has established with other intergovernmental organizations; including those of the United Nations family, should be taken into account.

(f) Agreements should be concluded only with organizations whose members are members of at least one of the organizations of the United Nations family, unless special circumstances would warrant a decision to the contrary.

2. Factors relating to co - operation with FAO

(a) The purpose of co - operation should be to provide for consultation, co - ordination of effort, mutual assistance and possibly joint action in fields of mutual interest on the understanding that such co - operation is designed to further the objectives of FAO.

(b) The degree and extent of present, past and/or future co - operation with FAO should warrant the conclusion of a formal agreement.

(c) Consideration should be given to the question as to whether

(i) well - defined permanent arrangements are desirable to set out the bases of co - operation and to avoid duplication or for other reasons;

(ii) an ad hoc regional arrangement instead of a formal agreement would as well serve the desired purpose; or

(iii) difficulties have arisen in carrying out informal co - operation which could not be eliminated without the conclusion of a formal agreement.

(d) The administrative and financial implication of the agreement for FAO should be considered in consultation with the Program and Finance Committees.

C. Contents of agreements - Scope and method of co - operation

The provisions of the agreement should be consistent with those of the Constitution and Rules of the Organization, and be as specific as possible as to the forms of co - operation, and should not create operational or procedural difficulties which would outweigh the value of the agreement for the Organization.

Methods of liaison which should be considered - are as follows:

(a) reporting on activities performed;

(b) right to suggest insertion of specific items on agenda of governing bodies;

(c) extent of reciprocal representation at meetings and arrangements therefore;

(d) exchange of publications and, as appropriate, of other forms of documentation.

Methods of close co - operation and avoidance of duplication should include:

(a) distribution of responsibilities;

(b) indication of specific fields in which cooperation is required;

(c) consultation at all stages of planning and execution of programs of interest to either organization;

(d) nature and methods of joint action;

(e) co - operation for dissemination of information, including methods for financing such action;

(f) in the case of an organization which is regional in scope, the arrangements for ensuring co - operation through the appropriate regional office of FAO, which have been found acceptable after prior consultation with the FAO Member Nations of the region of the other organization, should be incorporated in the agreement.

H. Convention placing the international poplar commission within the framework of FAO

The Contracting Nations,

Considering

the statutes of the International Poplar Commission established in 1947 in pursuance of a proposal by the French Government following an International Poplar Week held in Paris,

the intention of the founders of the International Poplar Commission to establish it under the aegis of the Food and Agriculture Organization of the United Nations,

the views expressed by the Ninth Session of the Conference of the Food and Agriculture Organization of the United Nations in Resolution 47/57 regarding the desirability of avoiding any ambiguity with respect to the legal status of bodies promoted by the Food and Agriculture Organization of the United Nations and of clarifying their legal relationship with the Food and Agriculture Organization of the United Nations, and

Reaffirming

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

Have agreed as follows:

ARTICLE I

Status

The International Poplar Commission (hereinafter referred to as "the Commission") shall be placed within the framework of the Food and Agriculture Organization of the United Nations (hereinafter referred to as " the Organization ") and the present Convention whose object is to achieve that purpose shall be governed by the provisions of Article XIV of the Constitution of the Organization.

ARTICLE II

Membership

1. Member Nations of the Commission shall be such Member Nations or Associate Members of the Organization as accept this Convention in accordance with the provisions of Article XIII of this Convention.

2. The Commission may, by a two-thirds majority of its membership, admit to membership such other nations that are members of the United Nations as have submitted an application for membership and a declaration made in a formal instrument that they accept this Convention as in force at the time of admission.

ARTICLE III

Functions

The functions of the Commission shall be:

(a) to study the scientific, technical, social and economic aspects of poplar and willow cultivation;

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

(c) to arrange joint research programs;

(d) to stimulate the organization of congresses combined with study tours;

(e) to report and make recommendations to the Conference of the Organization, through the Director - General of the Organization; and

(f) to make recommendations to National Poplar Commissions, through the Director General of the Organization and the governments concerned.

ARTICLE IV

Establishment of National Poplar Commissions

Each contracting nation shall make provision as soon as possible and to the best of its ability, for the establishment of a National Poplar Commission and shall transmit a description of the competence and scope of the National Commission and of any changes thereto to the Direct or - General of the Organization, who shall circulate this information to the other Member Nations of the Commission. Each contracting nation shall communicate to the Director - General the publications of its National Commission.

ARTICLE V

Seat of the Commission

The seat of the Commission shall be in Rome at the Headquarters of the Organization.

ARTICLE VI

Sessions

1. Each Member Nation of the Commission shall be represented at sessions of the Commission by a single delegate who may be accompanied by an alternate and by experts and advisors. Alternates, experts and advisors may take part in the proceedings of the Commission but not vote, except in the case of an alternate who is duly authorized to substitute for the delegate. Each Member Nation of the Commission shall have one vote. Decisions of the Commission shall be taken by a majority of the votes cast except as otherwise provided in this Convention. A majority of the Member Nations of the Commission shall constitute a quorum.

2. The Director - General of the Organization in consultation with the Chairman of the Executive Committee of the Commission shall convene a regular session of the Commission once every two years. Special sessions of the Commission may be convened by the Director - General in consultation with the Chairman of the Executive Committee, or if requested by the Commission, or by at least one third of the Member Nations of the Commission.

3. The session of the Commission shall be held at the place determined by the Commission within the territories of its Member Nations or at the scat of the Commission.

4. The Commission shall elect, at the beginning of each session, from among the delegates, a Chairman and two Vice - Chairmen.

5. There shall be a General Committee of the session consisting of the Chairman and the two Vice - Chairmen of the session and the Chairman and the Vice - Chairman of the Executive Committee.

ARTICLE VII

Executive Committee

1. There shall be an Executive Committee of the Commission consisting of twelve members and up to five co - opted members.

2. Twelve members of the Executive Committee shall be elected by the Commission from among individuals nominated by Member Nations of the Commission upon the suggestion of their respective National Poplar Commissions. Members of the Executive Committee shall be appointed in their personal capacity because of their special competence, and shall serve for a period of six years. Members of the Executive Committee shall be eligible for re - election.

3. The Executive Committee may, in order to ensure the co - operation of the necessary specialists, co - opt one to five additional members under the same conditions as are provided for in paragraph 2 above. The term of office of the additional members shall expire with the term of the elected members.

4. The Executive Committee shall, between sessions of the Commission, act on behalf of the Commission as its executive organ. The Executive Committee shall in particular make proposals to the Commission regarding the general orientation and the program of work of the Commission, study technical questions and implement the program as approved by the Commission.

5. The Executive Committee shall elect from among its members a Chairman and a Vice - Chairman.

6. Sessions of the Executive Committee may be convened as often as necessary by the Director - General of the Organization in consultation with its Chairman. The Committee shall meet in connection with each regular session of the Commission. It shall also meet at least once between two regular sessions of the Commission.

7. The Executive Committee shall report to the Commission.

ARTICLE VIII

Secretary

A Secretary of the Commission shall be appointed by the Director - General of the Organization from among the senior staff of the Organization and shall be responsible to the Director - General. The Secretary shall perform such duties as the work of the Commission may require.

ARTICLE IX

Subsidiary Bodies

1. The Commission may, if necessary, establish subcommissions, committees or working parties, subject to the availability of the necessary funds in the relevant chapter of the approved budget of the Organization. Sessions of such subcommissions, committees or working parties shall be convened by the Director - General of the Organization in consultation with the Chairman of such body.

2. Membership in subsidiary bodies shall be open to all Member Nations of the Commission, or shall consist of selected Member Nations of the Commission, or of individuals appointed in their personal capacity, as determined by the Commission.

ARTICLE X

Expenses

1. Expenses incurred by delegates of Member Nations of the Commission and of their alternates and advisors, when attending sessions of the Commission, or subsidiary bodies, as well as the expenses incurred by observers, shall be borne by the respective governments or organizations.

2. Expenses of all the members of the Executive Committee when attending sessions of the Executive Committee shall be borne by the countries of which they are nationals.

3. Expenses incurred by individuals invited in their personal capacity to attend sessions or participate in the work of the Commission or its subsidiary bodies shall be borne by such individuals except when they have been requested to perform a specific task on behalf of the Commission or its subsidiary bodies.

4. The expenses of the Secretariat shall be borne by the Organization.

5. When the Commission or Executive Committee hold sessions elsewhere than at the scat of the Commission, all additional expenses related to such sessions shall be borne by the host government. The expenses for publications relating to sessions of the Commission other than the reports of such sessions, of the Executive Committee and subsidiary bodies, shall be borne by the host government.

ARTICLE XI

Rules of Procedure

The Commission may, by a majority of two thirds of its membership, adopt and amend its own rules of procedure, which shall be consistent with the General Rules of the Organization. The Rules of the Commission and any amendments thereto shall come into force upon approval by the Director General of the Organization, and as from the date of such approval, subject to confirmation by the Council.

ARTICLE XII

Amendments

1. This Convention may be amended by the Commission by a two - thirds majority of the membership of the Commission.

2. Proposals for amendments may be made by, any Member Nation of the Commission in a communication addressed to the Director - General of the Organization not later than 120 days before the session at which the proposal is to be considered. The Director - General shall immediately inform all Member Nations of the Commission of all proposals for amendment.

3. Amendments shall become effective only with the concurrence of the Conference of the Organization and as from the date of such concurrence. The Director - General of
the Organization shall inform all Member Nations of the Commission, all Member Nations and Associate Members of the Organization and the Secretary - General of the United Nations of such amendments.

4. Amendments involving new obligations for Member Nations of the Commission shall come into force in respect of each Member Nation only upon acceptance by it. The instruments of acceptance of amendments involving new obligations shall be deposited with the Director - General of the Organization. The Director - General of the Organization shall inform all Member Nations of the Commission, all Member Nations and Associate Members of the Organization and the Secretary - General of the United Nations of such acceptance. The rights and obligations of any Member Nation of the Commission that has not accepted an amendment involving additional obligations shall continue to be governed by the provisions of the Convent ion in force prior to the amendment.

ARTICLE XIII

Acceptance

1. Acceptance of this Convention by any Member Nation or Associate Member of the Organization shall be effected by the deposit of an instrument of acceptance with the Director - General of the Organization and shall take effect on receipt of such notification by the Director - General.

2. Acceptance of this Convention by non Member Nations of the Organization shall become effective on the date on which the Commission approves the application for membership in conformity with the provisions of Article II of this Convention.

3. The Director - General of the Organization shall inform all Member Nations of the Commission, all Member Nations 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 Convention may be made subject to reservations which shall become operative only upon unanimous concurrence by the Member Nations of the Commission. The Director - General of the Organization shall notify forthwith all Member Nations of the Commission of any reservation. Members of the Commission not having replied within three months from the date of the notification shall be deemed to have accepted the reservation.

ARTICLE XIV

Territorial Application

Member Nations of the Commission shall, when accepting this Convention, state explicitly to which territories their participation shall extend. In the absence of such a declaration, participation shall be deemed to apply to all the territories for the international relations of which the Member Nation of the Commission is responsible. Subject to the provisions of Article XVI, paragraph 2 below, the scope of the territorial application may be modified by a subsequent declaration.

ARTICLE XV

Interpretation and Settlement of Disputes

Any dispute regarding the interpretation or application of this Convention, 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 chairman 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 XVI

Withdrawal

1. An,,, Member Nation of the Commission may give notice of withdrawal from the Commission at any time after the expiry of one year from the date of its acceptance of this Convention. Such notice of withdrawal shall take effect six months after the date of its receipt by the Director - General of the Organization who shall inform all Member Nations of the Commission, all Member Nations and Associate Members of the Organization and the Secretary - General of the United Nations of such receipt.

2. A Member Nation of the Commission that is responsible for the international relations of more than one territory shall, when giving notice of its own withdrawal from the Commission, state to which territory or territories the withdrawal is to apply. In the absence of such a declaration, the withdrawal shall be deemed to apply to all the territories for the international relations of which the Member Nation of the Commission is responsible. A Member Nation of the Commission may give notice of withdrawal with respect to one or more of the territories for the international relations of which it is responsible. Any Member Nation of the Commission that gives notice of withdrawal from the Organization shall be deemed to have simultaneously withdrawn from the Commission, and this withdrawal shall be deemed to apply to all the territories for the international relations of which the nation concerned is responsible, with the exception of Associate Members.

ARTICLE XVII

Termination

This Convention shall be considered terminated if and when the number of 'Member Nations of the Commission falls below six, unless the remaining Member Nations of the Commission unanimously decide otherwise, subject to the approval of the Conference of the Organization. The Director - General of the Organization shall inform all Member Nations of the Commission, all Member Nations and Associate Members of the Organization and the Secretary - General of the United Nations of such termination.

ARTICLE XVIII

Entry into Force

1. This Convention shall enter into force as soon as twelve Member Nations or Associate Members of the Organization have become parties to it by the deposit of an instrument of acceptance in accordance with the provisions of Article XIII.1 of this Convention.

2. With respect to such nations as are already members of the Commission and who become parties to the present Convention, the provisions of this Convention shall replace the provisions of the statutes of the International Poplar Commission adopted at the second session of the Commission held on 20 to 28 April 1948 in Italy.

ARTICLE XIX

Authentic Languages

The English, French and Spanish texts of this Convention shall be equally authentic.

The present Convention regarding the establishment of the International Poplar Commission within the framework of the Organization having been approved by the Conference of the Organization on 19 November 1959 by Resolution No. 61/59, the undersigned, the Chairman of the Tenth Session of the Conference of the Organization and the Director - General of the Organization, hereby certify that this document constitutes a true copy of the text of the Convention as approved by the Conference of the Organization. A document identical to the present one and likewise certified by the Chairman of the Tenth Session of the Conference and the Director - General of the Organization, shall be transmitted to the Secretary - General of the United Nations for registration once this Convention has come into force. The Director - General of the Organization shall in addition certify copies of this Convention and transmit one such copy to each Member or Associate Member of the Organization.

Rome, 20 November 1959

Signed:
Richelieu MORRIS
Chairman of the Conference

Signed:
B. R. SEN
Director - General of the Organization

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