I. Amendments to the constitution, rules adopted by the conference and financial regulations
SUGGESTED RULES OF PROCEDURE OF THE PROGRAM COMMITTEE
B In paragraph 4 of Article III (The Conference) at the end of the second sentence, replace the word " financial " by the word " calendar ".
At the end of Article IV (Functions of the Conference) add a new paragraph 5 as follows:
O 5. The Conference may review any decision taken by the Council or by any commission or committee of the Conference or Council, or by any subsidiary body of such commissions or committees.
Paragraph I of Article V (Council of the Organization) is to be replaced by the following text:
E 1. A Council of the Organization consisting of twenty-four Member Nations shall be elected by the Conference. Each Member Nation on the Council shall have one representative and shall have only one vote. Each Member of the Council may appoint an alternate, associates, and advisers to its representative. The Council may determine the conditions for the participation of alternates, associates and advisers in its proceedings, but any such participation shall be without the right to vote, except in the case of an alternate, associate or adviser participating in the place of a representative. No representative may represent more than one Member of the Council. The tenure and other conditions of office of the Members of the Council shall be subject to rules made by the Conference.
In paragraph, 3 of Article V, the two last cross references shall be " paragraphs 1 and 6 of Article XIV and Article XX of this Constitution".
After paragraph 4 of Article V, add a new paragraph 5 reading as follows:
E 5. Except as otherwise expressly provided in this Constitution or by rules made by the Conference or Council, all decisions of the Council shall be taken by a majority of the votes cast.
and replace old paragraph 5 by the following text:
O 6. To assist the Council in performing its functions, the Council shall appoint a Program Committee, a Finance Committee, a Committee on Commodity Problems and a Committee on Constitutional and Legal Matters. These Committees shall report to the Council and their composition and terms of reference shall be governed by rules adopted by the Conference.
Paragraph 3 of Article VI (Commissions, Committees, Conferences, Working Parties and Consultations) shall be replaced by the following text:
C 3. The Conference, the Council, or the Director-General on the authority of the Conference or Council, shall determine the terms of reference and reporting procedures, as appropriate, of commissions, committees and working parties so established. Such commissions, and committees may adopt their own rules of procedure and amendments thereto, which shall come into force upon approval by the Director-General, subject to confirmation by the Conference or Council, as appropriate.
Article XIV (Conventions and Agreements) is to be replaced by the following text:
C 1. The Conference may, by a two-thirds majority of the votes cast and in conformity with rules adopted by the Conference, approve and submit to Member Nations conventions and agreements concerning questions relating to food and agriculture.
C 2. The Council, under rules to be adopted by the Conference, may, by a vote concurred in by at least two-thirds of the membership of the Council, approve and submit to Member Nations:
(a) agreements concerning questions relating to food and agriculture which are of particular interest to Member Nations of geographical areas specified in such agreements and are designed to apply only to such areas;
(b) supplementary conventions or agreements designed to implement any convention or agreement which has come into force under paragraphs 1 or 2 (a)
C 3. Conventions, agreements, and supplementary conventions and agreements shall:
(a) be submitted to the Conference or Council through the Director-General on behalf of a technical meeting or conference comprising Member Nations, which has assisted in drafting the convention or agreement and has suggested that it be submitted to Member Nations concerned for acceptance;
(b) contain provisions concerning the Member Nations of the Organization, and such non-member nations as are members of the United Nations, which may become parties thereto and the number of acceptances by Member Nations necessary to bring such convention, agreement, supplementary convention or agreement into force, and thus ensure that it will constitute a real contribution to the achievement of its objectives. In the case of conventions, agreements, supplementary conventions and agreements establishing commissions or committees, participation by non member nations of the Organization that are members of the United Nations shall in addition be subject to prior approval by at least two-thirds of the membership of such commissions or committees; *
(c) not entail any financial obligations for Member Nations not parties to it other than their contributions to the Organization provided for in Article XVIII, paragraph 2, of this Constitution.
C 4. Any convention, agreement. supplementary convention and agreement approved by the Conference or Council for submission to Member Nations shall come into force for each contracting party as the convention, agreement, supplementary convention or agreement may prescribe.
C 5. As regards an Associate Member, conventions, agreements, supplementary conventions and agreements shall be submitted to the authority having responsibility for the international relations of the Associate Member.
C 6. The Conference shall make rules laying down the procedure to be followed to secure proper consultation with governments and adequate technical preparations prior to consideration by the Conference or the Council of proposed conventions, agreements, supplementary conventions and agreements.
C 7. Two copies in the authentic language or languages of any convention, agreement, supplementary convention or agreement approved by the Conference or the Council shall be certified by the Chairman of the Conference or of the Council respectively and by the Director-General. One of these copies shall be deposited in the archives of the Organization. The other copy shall be transmitted to the Secretary-General of the United Nations for registration once the convention, agreement, supplementary convention or agreement has come into force as a result of action taken under this Article. In addition, the Director-General shall certify copies of those conventions, agreements, supplementary conventions or agreements and transmit one copy to each Member Nation of the Organization and to such non-member nations as may become parties to the conventions, agreements, supplementary conventions or agreements.
After Article XIV, insert a new Article XV (Agreements between the Organization and Member Nations,) as follows
O 1. The Conference may authorize the Director-General to enter into agreements with Member Nations for the establishment of international institutions dealing with questions relating to food and agriculture.
O 2. In pursuance of a policy decision taken by the Conference by a two-thirds majority of the votes cast, the Director-General may negotiate and enter into such agreements with Member Nations subject to the provisions of paragraph 3 below.
O 3. The signature of such agreements by the Director-General shall be subject to the prior approval of the Conference by a two-thirds majority of the votes cast. The Conference may, in a particular case or cases, delegate the authority of approval to the Council requiring a vote concurred in by at least two-thirds of the membership of the Council.
Articles XV to XXI shall be renumbered XVI to XXII.
B In paragraph 3 of Article XVIII (Budget and Contributions), the last word " year " is to be replaced by the word " period ", and paragraph 4 is to be replaced by the following text:
B 4. The financial period of the Organization shall be the two calendar years following the normal date for the regular session of the Conference unless the Conference should otherwise determine.
B In the last sentence of Article XIX (Withdrawal), the word " calendar " is to be substituted for "financial".
RULES ADOPTED BY THE CONFERENCE
(formerly Rules of Procedure)
Replace the words " Rules of Procedure of the Organization " wherever they appear by the words " Rules adopted by the Conference ".
In Rule I (Sessions of the Conference), replace paragraph 1 by the following text:
O 1. The regular session of the Conference shall be held at the seat of the Organization in the months of October or November unless it is convened elsewhere or at a different time in pursuance of a decision of the Conference at a previous session, or, in exceptional circumstances, of a decision by the Council. For the purpose of the Constitution, of these Rules, and of the Financial Regulations, the term "regular session " means the biennial session contemplated by paragraph 6 of Article III of the Constitution, and the terms " biennium " and " financial period " mean the two-year period starting on 1 January following the date on which the regular session of the Conference normally convenes in accordance with this paragraph. Any other session, whether convened in pursuance of a decision of the Conference or under paragraph 2 of this Rule, shall be a special session.
In Rule II (Agenda), replace paragraph 2(c) (i) to (iv) by the following text:
(i) review of the state of food and agriculture and of the programs of Member Nations and Associate Members in the light of reports from the Council and the Director General emphasizing policy issues which would require Conference consideration or which could be the subject of a formal recommendation by the Conference under paragraph 3 of Article IV of the Constitution;
(ii) the reports by Member Nations and Associate Members, and analyses thereof which the Director General is required to submit to the Conference in accordance with paragraph 3 of Article XI of the Constitution:
(iii) a report by the Director-General on the work of the Organization;
(iv) the Director-General's draft Program of Work and budgetary proposals for the ensuing financial period together with a report by the Council on the audited final accounts of the Organization for the preceding financial period;
(v) review of the activities of the Organization undertaken under the Expanded Program of Technical Assistance and formulation of views for the guidance of the Director General regarding the lines along which these activities should develop; and renumber accordingly the following sub-paragraphs.
O In the last sentence of paragraph 5, in the first sentence of paragraph 7 and in paragraph 11 of Rule II, replace the word " Council " by the words "General Committee".
In paragraph 8 of Rule II, replace the word "meeting" by the word "session". A new sentence shall be added to paragraph 9 of Rule II as follows:
O The Director-General's draft program of work and budgetary proposals for the
ensuing financial period shall, where practicable, be accompanied by the joint report of
the Program and Finance
Committees, provided for in Rule XXIX, paragraph 3 of these Rules.
In paragraph 2 of Rule VII (Nominations), the reference to "Rule XXVI, paragraph 1 (e) (vii) " shall be replaced by " Rule XXV, paragraph 5 (b) ".
In paragraph 2 of Rule X (General Committee), sub-paragraphs (i) and (j) shall be replaced by the following text:
O (i) make recommendations to the Conference on the election of Members of the Council, formally draw the attention of the Conference to the provisions of paragraphs 3 and 4 of Rule XXIII, and generally carry out its responsibilities with respect to the election of Members of the Council as provided for in that Rule,
R (j) determine and announce the date of election of the Chairman of the Council, and of the Director-General, as soon as possible after the opening of the Conference Session, and submit to the Conference recommendations with respect to the conditions of their appointment (Rules XXIV, paragraph 1 (b) and XXXIII, paragraph 1 (b).
In Rule XI, add at the end of the title the words " of the Conference ".
In Rule XII, replace the title and paragraphs I to 10 by the following text.
Quorum and Voting Arrangements at Meetings of Conference and Council
E 1. Subject to the Constitution and the Rules adopted by the Conference, the following shall govern the procedure in relation to voting and elections in the Conference and the Council.
(a) Except as otherwise provided by the Constitution or these Rules, in the Conference a majority of the Member Nations and in the Council a majority of the Members of the Council shall constitute a quorum.
(b) Before proceeding to a vote or election, the Chairman shall announce the number of delegates or representatives present. If less than the number required for a quorum is present the vote or election shall not be held.
(a) Except as otherwise provided in the Constitution or these Rules, the required majority for any decision or for any election to fill one elective place shall be more than one half of the votes cast.
(b) In the case of an election to fill simultaneously more than one elective place the required majority shall be the smallest number of whole votes necessary to elect no more candidates than there are seats to be filled. This majority shall be obtained by the following formula:
(c) Subject to the provisions of Article XX, paragraph 1 of the Constitution, when a two-thirds majority of the votes cast is required by the Constitution or these Rules for a decision to be taken by the Conference, the total number of affirmative and negative votes cast shall be more than one half of the Member Nations of the Organization. If these conditions are not fulfilled, the proposal shall be considered as rejected.
(a) For the purpose of the Constitution and these Rules the phrase " votes cast " shall mean affirmative and negative votes, and shall not include abstentions or defective balots.
(b) In the case of an election to fill simultaneously more than one elective place the phrase "votes cast " shall mean the total number of votes cast by the electors for all elective places.
(c) Abstentions shall be recorded:
(i) in a vote by show of hands, only for those delegates or representatives who raise their hands in response to the Chairman's request for abstentions;
(ii) in a roll-call vote, only for those delegates or representatives who reply " Abstention ";
(iii) in a secret ballot, only for such ballot-papers deposited in the ballot-box as are either blank or marked " Abstention ".
(i) Any ballot-paper carrying votes for more candidates than there are vacancies to be filled, or carrying a vote for an individual, nation or locality not validly nominated shall be considered defective.
(ii) In the case of an election to fill simultaneously more than one elective place, any ballot-paper carrying votes for less candidates than there are vacancies to be filled shall also be considered defective.
(iii) The ballot-papers shall carry no other notation or mark than those required for the purpose of indicating the vote.
(iv) Subject to (i), (ii) and (iii) above, a ballot-paper shall be considered valid when there is no doubt as to the intention of the elector.
E 5. Except as otherwise provided in the Constitution or these Rules, the nomination of any candidate for an elective place to be filled by the Conference or Council shall be made by the government of a Member Nation or by its delegate or representative. Subject to the procedure for nomination provided in these Rules, the appointing body shall determine the nomination procedure.
E 6. Voting shall be by show of hands, roll-call or secret ballot.
(a) Subject to the provisions of paragraph 9 of this Rule, a vote by roll-call shall be taken either upon request of a delegate or representative, or if a majority of two-thirds is required by the Constitution or these Rules. Voting by roll-call shall be conducted by calling in English alphabetical order the names of all Member Nations entitled to vote. The name of the first Nation to be called shall be designated by lot drawn by the Chairman. The delegate or representative of each Member Nation shall reply" Yes ", " No " or "Abstention ". At the conclusion of any roll-call, the name of any Member Nation whose delegate or representative failed to answer shall be called again. The vote of each Member Nation participating in any vote by roll-call shall be inserted in the record of the meeting.
(b) The count and recording of votes by show of hands or by roll-call shall be conducted by or under the super vision of the Conference or Council Elections Officer, appointed by the Director-General in accordance with the terms of paragraph 16 below.
(c) If for two successive ballots by roll-call the name of the same Nation is drawn the name of another Nation shall be designated by lot or lots drawn by the Chairman.
(a) For the purpose of these Rules. the term " election " means the selection or appointment of one or more individuals, nations, or localities. The election of Council Members shall take place in accordance with the procedure laid down in Rule XXIII, paragraph 10 (g). In other cases, more than one elective place shall be filled at the same election, unless the Conference or Council decides otherwise.
(b) When one elective place is to be filled the method of election shall be as provided in paragraph 10 of this Rule. When more than one elective place is to be filled at the same election the method of election shall be as provided in paragraph 11 of this Rule.
(a) 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 likewise be decided by secret ballot, except that in the case of an election in which there are not more candidates than vacancies the Chair man may submit to the Conference or Council that the appointment be decided by clear general consent.
(b) Any other matter shall be decided by secret ballot if the Conference or Council so determines.
(i) For the purpose of a secret ballot the Chairman of the Conference or Council shall appoint two tellers from amongst the delegates or representatives, or their alternates. In the case of a secret ballot for an election, the tellers shall be delegates or representatives, or their alternates, who are not parties directly interested in the election.
(ii) The duties of the tellers shall be to supervise the balloting procedure, count the ballot-papers, decide on the validity of a ballot-paper in any case of doubt, and certify the result of each ballot.
(iii) The same tellers may be appointed for successive ballots or elections.
(d) Ballot-papers shall be duly initialled by an authorized officer of the secretariat of the Conference or Council. The Elections Officer shall be responsible for ensuring compliance with this requirement. For each ballot only one blank ballot-paper shall be given to each delegation entitled to vote.
(e) For a vote by secret ballot one or more voting booths shall be set up and supervised in such a manner as to ensure complete secrecy of the ballot.
(f) Should any delegate invalidate his ballot-paper, he may, before leaving the precinct of the polling booths, request a new blank ballot-paper, which shall be delivered to him by the Elections Officer on the surrender of the invalidated ballot-paper. The invalidated ballot-paper shall remain the custody of the Elections Officer.
(g) Should the tellers withdraw from the presence of the delegates or representatives in order to carry out the count of the votes, only the candidates or scrutineers appointed by the candidates may attend the count. but they shall not take part in the count.
(h) Members of delegations and of the secretariat of the Conference or Council who are responsible for the supervision of any vote by secret ballot shall not disclose to any unauthorized person any information which might tend, or he presumed to tend, toward destroying the secrecy of the ballot.
(i) The Director-General shall be responsible for the safe custody of all ballot-papers until the elected candidates take office or for three months after the date of the ballot, whichever is the longer period.
E 10. In any election for one elective place, if a candidate fails on the first ballot to obtain a majority of the votes cast, successive ballots shall be taken at such time or times as the Conference or Council shall decide until a candidate obtains such a majority.
E 11. In any election to fill simultaneously more than one elective place the following shall apply:
(a) Each elector, unless he wholly abstains, shall cast one vote for each elective place to be filled. Each vote shall be cast for a different candidate. Any ballot-paper which is not in conformity with these requirements shall be declared defective.
(b) Any candidate who receives the required majority of the votes cast as defined in paragraph 3 (b) of this Rule shall be declared elected.
(c) If only some of the elective places have been filled after the first ballot, a second ballot shall be cast to fill the remaining elective places, under the same conditions as the first ballot.
(d) This procedure shall continue until all the elective places have been filled.
(e) If in any ballot no candidate receives the required majority, the candidate having received the smallest number of votes in that ballot shall be eliminated and a further ballot held, in accordance with (c) above, between the remaining candidates.
(f) If in any ballot no candidate receives the required majority and more than one candidate receive the smallest number of votes, a separate ballot between these candidates shall be held and the candidate receiving the smallest number of votes shall be eliminated.
(g) If in the separate ballot provided for in (f) of this paragraph more than one candidate again receive the smallest number of votes the above operation shall be repeated with respect to these candidates until one candidate is eliminated provided that if all the same candidates receive the smallest number of votes in two successive separate ballots such candidate as will have been designated by lot shall be eliminated.
(h) If at any stage in an election other than a separate ballot, all remaining candidates receive the same number of votes, the Chairman of the Conference or Council shall formally announce that if in the two following ballots the votes are again equally divided he will suspend balloting for a period which he shall determine and then hold two further ballots. If after applying this procedure the final ballot again results in an equally divided vote, such candidate as will have been designated by lot shall be declared elected.
E 12. If a vote is equally divided on a matter other than an election, a second vote shall be taken at a subsequent meeting to be held not less than one hour after the conclusion of the meeting at which the equally divided vote occur-red. If the second vote is also equally divided the proposal shall be regarded as rejected.
E 13. At any stage in an election after the first ballot has been held further balloting may be postponed by the Chairman with the concurrence of the Conference or Council.
E 14. Once voting has commenced, no delegate or representative may interrupt the voting except to rise to a point of order in connection with the voting.
(a) Any delegate or representative may challenge the result of a vote or election.
(b) In the ease of a vote by show of hands or roll-call vote, should the result be challenged the Chairman shall cause a second vote to be taken forthwith.
(c) A vote by show of hands or by roll-call may be challenged only immediately after the result has been announced.
(d) A secret ballot may he challenged at any time within three months of the date upon which it took place or until the elected candidate takes office, whichever is the longer period.
(e) Should a vote or election by secret ballot be challenged, the Director-General shall cause the ballot-papers and all relevant record-sheets to be re-examined and shall circulate the result of the investigation, together with the original complaint, to all Member Nations of the Organization or of the Council, as appropriate.
E 16. An officer of the secretariat designated by the Director-General for each Conference or Council session, who shall be known as the Elections Officer, shall, with the assistance of a deputy or deputies, be responsible for the following duties:
(a) To ensure that the provisions of the Constitution, and the Rules adopted by the Conference regarding voting and electoral procedures are correctly carried out.
(b) To be responsible for all arrangements for voting and elections.
(c) To advise the Chairman of the Conference or Council on all matters pertaining to voting procedures and mechanics.
(d) To supervise the preparation of ballot-papers and be responsible for their safe custody.
(e) To report to the Chairman of the Conference or Council the presence of a quorum before any vote is taken.
(f) To maintain records of all election results, ensuring that they are faithfully recorded and published.
(g) To undertake such other relevant duties as may arise in connection with voting and elections.
E 17. If a decision is to be taken on a matter, other than an election, for which a two-thirds majority is not required by the Constitution or these Rules, the Chairman may submit to the Conference or Council that the matter be decided by general consent without recourse to a formal vote.
E Paragraphs 11 to 21 of Rule XII are to be renumbered 18 to 28, and the words "or Council " and " or representative " shall be added wherever appropriate.
In paragraph 27, the reference to " paragraph 19 " shall be replaced by " paragraph 26 ".
In paragraph 28, the words "Rules of procedure " are to be replaced by the words " Rules adopted by the Conference ".
In Rule XIV (Committees of Commissions), add a new paragraph 6 as follows:
O 6. Committees established by any Commissions of the Conference to consider the technical activities of the Organization shall primarily carry out a critical review of the current activities of the Organization and give guidance to the Director General, the Program Committee and the Council regarding future undertakings of the Organization.
Rule XVI (Rapporteurs) is to be replaced by the following text:
O 1. The Conference or any commission or committee referred to in Rules XIII, XIV and XV above may appoint from among the delegations to the Conference one or more rapporteurs to carry out a preliminary study of a specific item and to submit their suggestions or conclusions to the Conference, commission or committee as the case may be.
O 2. The Council, or its Chairman between sessions of the Council, may likewise appoint one or more rapporteurs from among the representatives of Members of the Council.
B In Rule XX (Budget and Finance), subparagraphs (a) and (b) are to be replaced by the following text:
(a) examine and adopt the budget for the ensuing financial period;
(b) adopt the final accounts of the Organization for the preceding financial period, after having considered the report of the Council thereon;
Rule XXI (Conventions and Agreements) is to be replaced by the following text:
C 1. (a) To secure proper consultation pursuant to paragraph 6 of Article XIV of the Constitution, the Director-General shall notify Member Nations and Associate Members of any proposal for a convention, agreement, supplementary convention or agreement under Article XIV of the Constitution not later than the time when he dispatches the agenda of the session of the Conference or Council at which the matter is to be considered. Such notification shall be accompanied by:
(i) any reports on the matter by the Director-General, including a report on the technical, administrative and financial implications, if any, of such convention, agreement or supplementary agreement; and
(ii) a request for comments and information on the matter and for such representations as the Member Nations or Associate Members may wish to make.
C (b) The Director-General shall, at the same time as he is requesting Member Nations and Associate Members for their comments on the proposed convention, agreement, supplementary convention or agreement, consult the United Nations and other specialized agencies and, at his discretion, other international organizations, in respect of any provision of the proposed convention, agreement, supplementary convention or agreement, which relates to the activities of such organizations or agencies.
C (c) The Conference or the Council, after having considered any representations that may have been made to it or comments submitted by Member Nations and Associate Members, and any comments from the United Nations, any specialized agency, or other international organization, may approve only such conventions, agreements, supplementary conventions or agreements as contain provisions to the effect that:
(i) any international body or machinery to be set up or any activity to be undertaken under such convention, agreement, supplementary convention or agreement is within the framework of the Organization;
(ii) recommendations adopted and reports on activities carried out by any such body shall be transmitted to the Director-General of the Organization.
C 2. The Council shall report to the Conference any action it takes under paragraph 2 of Article XIV of the Constitution.
C 3. The receipt of the official text of a convention, agreement, supplementary convention or agreement as approved by the Conference or Council shall constitute due notice to each Member Nation concerned and to the authority having responsibility for the international relations of an Associate Member, that its consideration thereof is invited with a view to acceptance. Each Member Nation accepting shall communicate its acceptance to the Director-General who shall promptly inform the other Member Nations.
C 4. The full powers given to a Government representative to sign a convention, agreement, supplementary convention or agreement should be issued by the authority endowed with the inherent power to bind the State, such as the Government, the Head of the State, the Head of the Government, the Minister of Foreign Affairs or the Minister of the Department concerned. Instruments of accession or of acceptance should likewise be issued by one of these authorities. When speedy action is required, signature, accession or acceptance may be effected by the delegate of the Government concerned or the Head of its diplomatic mission in the country where the signature, accession or acceptance is to take place, subject to the deposit with the Director-General of a written statement issued by the Head of the diplomatic mission certifying that such action is being taken in accordance with full powers conferred by the Government and that the necessary formal instrument will be forthcoming.
C 5. The Director-General shall 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 come into force.
The reference appearing in paragraph 1 of Rule XXII (Amendment of the Constitution) shall be changed from " Article XIX " to " Article XX ".
Rule XXIII (Election of the Council) is to be replaced by the following text:
(a) Except as provided in paragraph 9 of this Rule, the Council shall be elected for a term of three years.
(b) The Conference shall make such provision as will ensure that the terms of office of eight Members of the Council shall expire in each calendar year.
(c) The terms of office of all the Members of any one group shall expire simultaneously either on the termination of the regular session of the Conference in a year in which such a session is held, or on 31 December in other years.
O 2. The Conference shall, at each regular session and after considering any recommendations of the General Committee, fill all vacancies due to the expiration of the terms of office of Council Members at the end of that session or at the end of the following year, in conformity with the provisions of the preceding paragraph.
O 3. In selecting Members of the Council the Conference shall give due consideration to the desirability of:
(a) including in its membership a balanced geographical representation of nations interested in the production, distribution and consumption of food and agricultural products;
(b) ensuring the participation in the work of the Council of such Member Nations as contribute in a large measure towards the success of the Organization:
(c) giving to the greatest possible number of Member Nations an opportunity, by rotation of membership, to serve on the Council.
O 4. Member Nations shall be eligible for re-election.
B 5. No Member Nation shall be eligible for election to the Council if it is in arrears in payment of its financial contributions to the Organization in an amount equal to or exceeding the contributions due from it for the two preceding calendar years.
O 6. The Conference shall, at any regular or special session, fill all other vacancies on the Council which may have occurred since the last regular session. In the case of a special session the General Committee shall recommend to the Conference such readjustments as circumstances may war rant to the time-limits provided for in paragraph 10 (a) and (d) below.
B 7. A Member of the Council shall be considered to have resigned if it is in arrears in payments of its financial contributions to the Organization in an amount equal to or exceeding the contributions due from it for the two preceding calendar years or if it has not been represented at two consecutive sessions of the Council.
O 8. Any Member Nation on the Council that withdraws from the Organization shall cease to be a member of the Council when its notice of withdrawal from the Organization takes effect under Article XIX of the Constitution.
O 9. The term of office of a Member elected to take the place of a Member who has resigned or withdrawn from the Council before the expiration of its term of office shall be for the remainder of the term of office of the Member replaced.
10. In addition to the relevant provisions of Rule XII governing election procedure, the following provisions of this paragraph shall apply:
O (a) As soon as possible after the opening of the Conference session, and in any case before the end of the third day of the session, the Conference, on the recommendation of its General Commit tee, shall decide the date of the election and the date by which nominations for election to the Council must be submitted, in accordance with sub-paragraph (c) below.
E (b) Each nomination shall be made for a specific region as determined by the Conference, and indicate the term of office to which it applies, subject to the provisions of sub-paragraph (g) of this paragraph. No nomination shall be made for a term that includes a period for which the Member Nation concerned is already in office.
O (c) Each nomination shall be supported, in writing, by the delegates of two Member Nations to the Conference other than the delegate of the Member Nation nominated, and shall be accompanied by a formal written acceptance of the nomination by the delegate of the Member Nation nominated. Any nomination reaching the Secretary-General after the date and time determined by the Conference for the submission of nominations shall not be valid.
E (d) The General Committee shall, at least three working days before the date selected for the election, communicate to the Conference in English alphabetical order the valid nominations received for each region and term of office, formally drawing the attention of the Conference to the provisions of paragraphs 3 and 4 of this Rule. The names of the nominators shall not be communicated by the General Committee to the Conference.
O (e) Before submitting the nominations to the Conference, the General Committee shall ensure that the conditions regarding eligibility contained in paragraph 5 of this Rule are fulfilled.
O (f) The General Committee may submit recommendations to the Conference on any other aspect of the election.
E (g) The election of Council Members shall be conducted in accordance with the provisions of Rule XII-11, one election being held to fill simultaneously all the vacancies occurring in each region in each of the calendar years referred to in paragraph 1 of this Rule. Should the number of Member Nations standing for election in a particular region be equal to the total number of vacancies occurring in both calendar years, one election may be held to fill simultaneously all these vacancies, and the allocation of candidates to the vacancies occurring in each year may be settled where necessary, by mutual agreement or by the Conference by such methods as it may decide to adopt. Candidates who are unsuccessful in the election to fill the vacancy or vacancies occurring in the first calendar year shall be included among the candidates for election to the vacancy or vacancies occurring at the end of the second calendar year, except where they voluntarily withdraw.
In Rule XXIV (Chairman of the Council), sub-paragraph (a) of paragraph is to be replaced by the following text:
E (a) The appointment of the Chairman of the Council shall be placed on the agenda of each regular session of the Conference. Nominations validly made in accordance with Rule XII-5 of these Rules shall be communicated to the Secretary-General by the date set by the Council. The Secretary-General shall circulate these nominations to all Member Governments and Associate Members by the date likewise set by the Council. As soon as possible after the opening of the Conference Session, the General Committee shall determine and announce the date of the election.
Rule XXVI (Functions of tire Council) shall be renumbered XXI: and shall be replaced by the following text:
O The Council, subject to the provisions of paragraph 3 of Article V of the Constitution, shall, between sessions of the Conference, act on behalf of the Conference as its executive organ and make decisions on matters that need not be submitted to the Conference. In particular, the Council shall exercise the functions described below:
O 1. World Food and Agriculture Situation and Related Matters
The Council shall:
(a) keep under review the state of food and agriculture in the world, and consider the programs of Member Nations and Associate Members;
(b) tender advice on such matters to governments of Member Nations and Associate Members, intergovernmental commodity councils or other commodity authorities and, through the Director-General, to other specialized international agencies;
(c) draw up a provisional agenda for the review by the Conference of the state of food and agriculture, drawing attention to specific policy issues which would require Conference consideration or could be the subject of a formal recommendation by the Conference under paragraph 3 of Article IV of the Constitution, and aid the Director-General to prepare the report and agenda for the review by the Conference of the programs of Member Nations and Associate Members;
(d) determine, on the advice of the Director-General and subject to any decisions of the Conference, the times at which and the forms in which the progress reports referred to in paragraph 2 of Article XI of the Constitution shall be made and the particulars which they shall contain;
(i) examine current developments in proposed and existing intergovernmental agricultural commodity arrangements, particularly those developments affecting adequacy of food supply, utilization of food reserves and famine relief, changes in production or pricing policies and special food programs for undernourished groups;
(ii) promote consistency and integration of agricultural commodity policies, national and international, with regard to (a) the over-all objectives of the Organization; (b) the inter-relationship of production, distribution and consumption; and (c) interrelationships of agricultural commodities;
(iii) initiate and authorize groups to study and investigate agricultural commodity situations which are becoming critical, and propose appropriate action, if necessary, under paragraph 2(f) of Article I of the Constitution;
(iv) advise on emergency measures such as those relating to the export and import of food and materials or equipment needed for agricultural production in order to facilitate implementation of national programs, and, if necessary, request the Director-General to submit such advice for action to the Member Nations and Associate Members concerned.
(v) perform the foregoing functions under (i), (ii) and (iii) in conformity with the Economic and Social Council's Resolution of 28 March 1947, relating to international commodity arrangements, and generally act in close co-operation with the appropriate specialized agencies and intergovernmental bodies.
OB 2. Current and Prospective Activities of the Organization, including its Program of Work and Budget.
The Council shall:
OB (a) consider, and make recommendations to the Conference on policy issues regarding:
(i) the draft Program of Work and Budget and supplementary estimates submitted by the Director-General for the following financial period;
(ii) the activities of the Organization in connection with the Expanded Program for Technical Assistance;
O (b) take any necessary action, within the approved Program of Work and Budget, with respect to the technical activities of the Organization and report to the Conference on such policy aspects thereof as may require decisions by the Conference.
O 3. Administrative Matters and Financial Management of the Organization.
The Council shall:
(a) exercise control over the financial administration of the Organization;
(b) report to the Conference on the financial position and the final audited accounts of the Organization;
(c) advise the Director-General on matters of policy affecting administration;
(d) approve between chapter transfers, other than those for which the Finance Committee has authority;
(e) authorize withdrawals from the Working Capital Fund for making reimbursable loans or for emergency expenditure on the basis of proposals from the Director-General;
(f) consider and make recommendations to the Conference on the level of the Working Capital Fund;
(g) consider the establishment of reserve funds and make recommendations thereon to the Conference;
(h) consider and make recommendations to the Conference on any proposal from the Director-General to accept voluntary contributions and to establish trust and special funds involving additional financial obligations for Member Nations and Associate Members;
(i) consider the scale of contributions and recommend any modifications thereof to the Conference;
(j) consider and approve recommendations of the Finance Committee regarding the scale of salaries and the conditions of employment of the staff and on the general structure of the administrative and technical services of the Organization;
(k) review action by the Director-General in regard to new posts established in the professional category of staff for which prior authority did not exist;
O (l) appoint the external auditor;
O (m) delegate to the Finance Committee specific functions relating to financial or administrative matters of the Organization in addition to the functions listed in Rule XXVIII paragraph 7 of these Rules.
O 4. Constitutional Matters.
The Council may:
(a) establish commissions, committees and working parties and convene general, regional, technical or other conferences, or- working parties or consultations, or authorize the Director-General to establish committees and working parties and convene general, regional, technical or other conferences, working parties or consultations, pursuant to Article VI of the Constitution;
(b) consider, and approve for submission to Member Nations, agreements and supplementary conventions or agreements as provided in paragraph 2 of Article XIV of the Constitution;
(c) subject to confirmation by the Conference, enter into agreements with other international organizations pursuant to paragraph 1 of Article XIII of the Constitution;
(d) make recommendations concerning the relationship between the Organization and international non-governmental organizations, in accordance with procedures determined by the Conference;
(e) consider, and make recommendations to the Conference on amendments to ebe renumbered XXVI and paragraph ence and to the Financial Regulations of the Organization.
O 5. General.
The Council shall:
(a) elect the members of the committees provided for in paragraph 6 of Article V of the Constitution;
(b) propose candidates for the office of Chairman of the Conference and Chairmen of the Commissions of the Conference and elect the Nominations Committee of the Conference, consisting of 11 Member Nations;
(c) recommend, after consultation with the Director-General, items for insertion in the agenda of any session of the Conference, which require consideration by the Conference, supervise and coordinate all preparatory work for Conference sessions, keeping in mind the desirability of confining as far as possible the provisional agenda of these sessions to major policy issues;
(d) advise the Director-General on matters of policy and exercise the general supervision provided for in Rule XXXIV, paragraph 1;
(e) perform such other functions as art necessary to assist in the effective functioning of the Organization;
(f) report to the Conference on its work, emphasizing policy issues for consideration by the Conference.
Rule XXV (Sessions of the Council) is to be renumbered XXVI and paragraph I is to be replaced by the following text:
O 1. The Council shall hold a session as often as it considers necessary or on the call of its Chairman or the Director-General, or on request submitted in writing to the Director-General by five or more Member Nations.
O 2. The Council shall in any event hold three sessions between the regular sessions of the Conference, as follows:
(a) one session immediately after the regular session of the Conference;
(b) one session in the first year of the biennium approximately midway between the regular sessions of the Conference; and
(c) one session not less than 120 days before the regular session of the Conference.
O 3. At its session held immediately after a regular session of the Conference the Council shall:
(a) appoint a Finance Committee, a Program Committee, a Committee on Commodity Problems; and a Committee on Constitutional and Legal Matters;
(b) elect the Chairmen of the Finance and Program Committees;
(c) take any action of an urgent nature arising out of decisions of the Conference.
O 4. At its session held in the first year of the biennium approximately midway between the regular sessions of the Conference, the Council shall in particular conduct on behalf of the Conference a world review of the state of food and agriculture and exercise the function provided in paragraph 1 (b) of Rule XXV of these Rules.
O 5. At its session held in the second year of the biennium not less than 120 days prior to the regular session of the Conference, the Council shall in particular exercise the functions provided in paragraphs 1 (c), 2 (a) and, insofar as possible, those provided in paragraph 5 (b) of Rule XXV of these Rules.