Contents -


XI. Constitutional, financial and administrative matters


A. Constitutional and legal matters
B. Financial matters
C. Administrative matters


A. Constitutional and legal matters


Amendments to the constitution
Procedure for election of council members
Amendment to rules XXVI and XXVII of the general rules, relative to membership in the program and finance committees
Amendment to rules XXIX-1 and XXX-1 of the general rules, relative to membership in the committee on commodity problems and committee on fisheries
Amendment to rule XXIX-9 of the general rules, relative to attendance by non-FAO nations at CCP consultations
Amendments to financial regulations
Statutory report on the status of conventions and agreements and amendments thereto
Relationship agreements with international organizations
Relations with international organizations and granting of consultative status to international non-governmental organizations
African convention for the conservation and management of wildlife
Membership of the FAO/UNICEF joint policy committee
Review of FAO commissions, committees, working parties and panels of experts established under articles V, VI and XIV of the constitution
Authority and terms of reference of regional conferences
Arrangements for future sessions of the conference
Use of languages other than FAO's present working languages


Amendments to the constitution


a) Amendment to article V-1, relative to the increase in the number of council seats
b) Amendment to article V-1, relative to alternates attending council sessions
c) Amendment to article V- 1 of the constitution relative to alternates attending council sessions
d) Amendment to article VI-1, relative to sea-area fishery commissions


a) Amendment to article V-1, relative to the increase in the number of council seats

539. The Conference, at its Thirteenth Session (1965), decided to increase the number of Council Seats from Twenty-Seven to Thirty-One and to that effect adopted amendments to Article V-1 of the Constitution and to Rule XXII-1(b) of the General Rules of the Organization. The Conference further

  • "...... requested that before its Fourteenth Session, the Council take measures to:

    (a) Prepare for the Conference proposals to increase by three the number of Council members, one of these seats being allocated to the region of Asia and the Far East, the second to the European Region, and the third to the Near East Region;

    (b) Draft the necessary amendment to the Constitution and instruct the Director-General to circulate it to Member Governments at least 120 days before the opening of the Conference Session, and also draft the consequential amendments to the General Rules of the Organization so that the increase in the number of Council seats could be effected at the Fourteenth Session."

  • 540. Pursuant to the Conference request, the Council considered at its Forty-Seventh Session (October 1966) the text of a draft amendment to Article V, paragraph 1 of the Constitution and a consequential amendment to Rule XXII-1(b) of the General Rules of the Organization which, in accordance with Article XX of the Constitution, were communicated by the Director-General by circular letter G/6-LE of 6 March 1967 to all Member Nations and Associate Members of the Organization.

    541. In the light of the recommendation of the Council, the Conference decided to approve the text of the draft amendments, and accordingly adopted the following resolution:

    Resolution No. 12/67

    Increase in the Number of Council Seats

    THE CONFERENCE

    Recalling that it requested the Council, at its Thirteenth Session, to prepare proposals to increase by three the number of Council Members, and to draft a necessary amendment to the Constitution to be circulated by the Director-General to Member Governments at least 120 days before the opening of the Fourteenth Session of the Conference;

    Having examined the draft amendment to Article V-1 of the Constitution and the consequential amendment to Rule XXII-1(b) of the General Rules of the Organization, recommended by the Council;

    Adopts the following amendments to the Constitution and the General Rules of the Organization (underlined words to be added, /bracketed/ words to be deleted):

    Article V-1 of the Constitution

    "A Council of the Organization consisting of /thirty-on/thirty-four Member Nations shall be elected by the Conference"

    Rule XXI-1 (b) of the General Rules of the Organization

    "The Conference shall make such provisions as will ensure that the terms of office of /ten/ eleven members of the Council shall expire in each of two successive calendar years and /eleven/ twelve in the third calendar years."

    Reaffirms its decision, taken at the Thirteenth Session, that one of the Additional Council seats shall be allocated to the Region of Asia and the Far East, the second to the European Region, and the third to the Near East Region.

    (Adopted 15.11. 67)

    b) Amendment to article V-1, relative to alternates attending council sessions

    542. The Director-General received from the Government of the United States of America, a formal proposal for the amendment of Article V, paragraph 1 of the Constitution; the purpose of the proposed amendment was to enable Members of the FAO Council to appoint more than one alternate to attend Council sessions.

    543. In accordance with the provisions of Article XX, paragraphs 3 and 4 of the Constitution, the Director-General, by circular letter G/8-LE of 8 June 1967, informed all Member Nations and Associate Members of the Organization of the receipt of this proposal.

    544. The Conference felt that the proposed amendment was desirable and would bring the provisions of Article V-1 in line with those of Article III-2 of the Constitution, and therefore, adopted the following resolution:

    Resolution No. 13/67

    c) Amendment to article V- 1 of the constitution relative to alternates attending council sessions

    THE CONFERENCE

    Having noted that the Government of the United States of America had presented a formal proposal for amendment of Article V, paragraph 1 of the Constitution which was intended to enable Members of the Council to appoint more than one alternate to attend Council sessions;

    Recalling its Resolution No. 21/61 whereby it adopted a similar amendment to Article III, paragraph 2 of the Constitution, regarding the composition of Delegations to the Conference;

    Considering that the proposed amendment would bring the provisions of Article V-1 in line with Article m-2 of the Constitution

    Adopts the following amendment to Article V-1 of the Constitution:

    (underlined words to be added, /bracketed /words to be deleted):

    Article V-1 of the Constitution

    "...Each Member of the Council may appoint/an alternate/alternates, associates and advisors to its representative..."

    (Adopted 21.11. 67)

    545. The Conference having noted that the Rules of Procedure of the Committee on Commodity Problems and the Committee on Fisheries provide that Member Nations of the Committees may appoint one alternate to their representatives on the Committees, recommended that these Committees consider the desirability of adopting a similar amendment to their Rules of Procedure with a view to enabling members to appoint more than one alternate.

    d) Amendment to article VI-1, relative to sea-area fishery commissions

    546. The Conference had before it the Report of the Forty-Eighth Session of the Council, including Resolution 3/48 which proposed that the Conference amend Article VI-1 of the Constitution of the Organization so as to allow the creation of commissions concerned with the fisheries of specific sea-areas, and which might be open to non-Member nations of FAO which are Members of the United Nations. It also had before it the report of the Eighteenth Session of the Committee on Constitutional and Legal Matters (CCLM), which had been requested by the Council to review the drafting of the proposed amendment, and to report its views to the Conference. The CCLM had come to the conclusion that the drafting of the proposed amendment truly reflected the intentions of the Council, and that therefore no change to the drafting as proposed was called for. However, it noted in its report that the functions of sea-area fishery commissions were exclusively advisory. The matter was introduced to the Conference by the Chairman of the Committee on Fisheries where the proposal had originated, and by the Chairman of the CCLM.

    547. In the full discussion which followed there was general agreement that it was desirable to make it possible for all nations concerned to co-operate actively in ensuring the conservation and rational harvesting of the valuable fishery resources of the world's oceans. Many delegations felt that the action proposed by the Council would be an essential and important step towards this purpose, and that therefore the proposed amendment to the Constitution should be adopted.

    548. Other delegations considered the proposal of the Council to be defective, and some of them considered it unnecessary for a number of reasons. In their view it did not pay sufficient attention to the special interest of coastal states in the maintenance of the productivity of the living resources of the high seas adjacent to their territorial sea, placed too much stress on exploitation of the resources and too little on their conservation, and did not make it clear that the proposed sea-area commissions would be purely advisory in character. They considered the safeguards relating to the sovereign rights of nations regarding jurisdiction over the sea adjacent to their coasts which were contained in the proposed amendment as insufficient, and felt that the definition of sea-areas and the rights of members to the proposed commissions were not sufficiently clear. They saw a conflict of interests between developing countries, particularly those with sea coasts, and fully developed countries with far-ranging fisheries, with the former having a superior interest in conservation and the latter in exploitation, and feared that the amendment would be to the detriment of the developing countries. They pointed out that Article VI and Article XIV of the Constitution already permitted the establishment of regional fishery commissions and that therefore there was no need to amend the Constitution. Some of these delegations considered that these matters were so complex and the whole question so important that it could not adequately be studied at the present Session of the Conference, and suggested that consideration of it should be deferred to the Fifteenth Session. The Conference also heard a statement by the observer from the Permanent Commission of the Conference for the South Pacific, supporting these views.

    549. Other delegations did not think the criticisms voiced well-founded, and held the view that the urgency of the problems in world fisheries made it necessary to take the action proposed by the Council without delay. They included many developing countries who saw in the proposed action a means whereby their interests would be protected against excessive exploitation of fishery resources within their potential reach. Those in favor of the proposal also pointed out that the amendment would merely enable sea-area commissions to be established by the Conference or Council, but that action in each individual case would have to be taken with due regard for the technical requirements of each and for the wishes of Member Nations concerned.

    550. Many delegations considered that it might be possible so to clarify the proposal of the Council as to meet the criticisms that had been made, and suggested that a working party should be set up to clarify the issues before the Conference and to prepare a draft resolution for its adoption which would be based on the report of the Council and on the discussions in the Conference, and which would incorporate on the one hand the amendment to the Constitution proposed by the Council, with such clarifications as might be necessary, and on the other hand further clarify the intent of the amendment to promote international collaboration in the conservation of fishery resources while at the same time safeguarding the sovereign rights of States. The suggestion to set up a working party found general acceptance, and the Conference accordingly established a working party consisting of the Delegations of Cuba, Ecuador, France, Pakistan, Peru, Poland, Senegal and the United States to accomplish this task with the assistance of the Secretariat.

    551. The working party which met under the Chairmanship of the delegate from France, carried out its task in a spirit of collaboration, elucidated a number of issues and introduced into the draft resolution which it prepared a number of clauses and amendments designed to meet certain objections that had been raised against the original proposal concerning its conceivable effects on the rights of Member Nations.

    552. The resolution prepared by the working party was further amended as a result of consultations between delegations and of discussions designed to make it as generally acceptable as possible. However, when this resolution, which contained an amendment to the Constitution and therefore required a majority of more than half of the Member Nations of the Organization, was put to the vote, the results were as follows:

    Number of votes cast: 60 Votes against: 14
    Majority required: 59 Abstained: 14
    Votes for: 46 Defective ballots: 0


    The resolution was therefore not adopted.

    553. Accordingly the second resolution, which contained consequential changes to the Financial Regulations and to the Basic Texts, was no more receivable as presented.

    Procedure for election of council members

    554. In the course of the election of Council members at the Thirteenth Session of the Conference, it was noted that under Rule XXI-9(a) of the General Rules of the Organization a secret ballot was necessary even if the number of candidates did not exceed the number of seats to be filled. The Conference, in order to save time on the voting for uncontested Council seats, suspended Rule XII-9(a) of the General Rules of the Organization so that such seats could be filled by clear general consent without the formality of a ballot. On this occasion, the Conference requested the Council to consider possibilities of amending Rule XII-9(a) so as to obviate the need of casting ballots for uncontested Council seats.

    555. Having referred the question to the Committee on Constitutional and Legal Matters, the Council at its Forty-Seventh Session (October 1966) noted the reasons set forth in the Report of the CCLM (Document CL 47/21) in favor of leaving unchanged the procedure by secret ballot for the election of members of the Council and therefore endorsed the recommendation of the CCLM that no amendment should be made to Rule XII-9(a).

    556. The Conference, having taken note of the recommendation of the CCLM, as endorsed by the Council, concurred with this recommendation and agreed that Rule X0-9(a) of the General Rules of the Organization should remain unchanged, since some loss of time at Conference sessions may be obviated by the improvement of physical and other arrangements.

    Amendment to rules XXVI and XXVII of the general rules, relative to membership in the program and finance committees

    557. When considering the situation created by the resignation of one member of the Program Committee and one member of the Finance Committee, who had been elected by the Forty-Sixth Session of the Council for a two-year period in accordance with Rules XXVI and XXVII of the General Rules of the Organization, the Forty-Seventh Session of the Council requested the CCLM to examine the desirability of amending the relevant provisions of the General Rules of the Organization. The purpose of such amendment was to provide that the Council should elect three instead of two alternates to both Committees in order that the number of members of these Committees should remain throughout any given biennium at a level which would enable the Committees to discharge their functions with the maximum effectiveness.

    558. In addition, the Forty-Seventh Session of the Council requested the CCLM to study the appropriate manner of providing that alternates not replacing members at sessions of these Committees might follow their discussions even though they were not called upon to participate, provided that no additional expenses were involved for the Organization.

    559. At its Forty-Eighth Session, the Council considered the Report of the Seventeenth Session of the CCLM and endorsed the CCLM recommendation that paragraphs 1 and 4 of Rule XXVI and paragraphs 1 and 4 of Rule XXVII of the General Rules of the Organization governing the election of members and alternates of the Program and Finance Committees and the attendance of alternates, be amended accordingly.

    560. The Conference, having examined the draft amendments as proposed by the Seventeenth Session of the CCLM and endorsed by the Forty-Eighth Session of the Council (C 67/39) agreed in principle with the proposed amendments. However, at the Conference the view was expressed that alternates following the discussions of the Committees should be allowed to speak. The Conference therefore decided that such alternates would have the right to speak and to take part in the discussions, when invited to do so by the Chairmen of the respective Committees and with the concurrence of the Committees concerned.

    561. The Conference adopted the following resolution:

    Resolution No. 14/67

    Membership in Program and Finance Committees

    THE CONFERENCE

    Considering that in order to ensure that the number of members of the Program and Finance Committees should remain throughout any given biennium at a level which would enable the Committees to discharge their functions with the maximum effectiveness, it would be desirable to increase the number of alternates of both Committees from two to three;

    Considering further that, provided no additional expenses are involved for the Organization it would be useful for alternates not replacing members at sessions of these Committees to follow the discussions of such Committees, even though they were not called upon to participate;

    Having examined the draft amendments to Rules XXVI and XXVII of the General Rules of the Organization suggested by the Seventeenth Session of the CCLM and endorsed by the Council;

    Decides to amend Rules XXVI and XXVII of the General Rules of the Organization to read as follows: (underlined words to be added, / bracketed/ words to be deleted)

    Rule XXVI

    1. The Program Committee provided for in paragraph 6 of Article V of the Constitution shall be composed of a Chairman, six other members, and a first, /and/ second and third alternate, all selected by the Council in a personal capacity from among qualified individuals who have shown a deep interest in the objectives of the Organization and who have participated in Conference and Council sessions and in other technical activities of the Organization. The Chairman, other members and alternates shall be elected for a period of two years at the session of the Council immediately following the regular session of the Conference. The Chairman and each other member and alternate of the Committee shall be a national of a different Member Nation. They shall be eligible for reappointment.

    4. An alternate member shall be called upon to attend a Committee Session only when a member expects to be absent for the whole of that particular session. An alternate substituting for a member of the Committee shall have the same rights and privileges as a member. Providing no additional expenses (including those referred to in paragraph 9 of this Rule) are involved for the Organization, an alternate not substituting for a member may attend sessions of the Committee to follow the discussions but shall not have the right to speak nor to take part in the discussions, unless invited to do so by the Chairman with the concurrence of the Committee.

    Rule XXVII

    1. The Finance Committee provided for in paragraph 6 of Article V of the Constitution shall be composed of a Chairman, four other members, and a first / and / second and third alternate, all selected by the Council in a personal capacity from among individuals in the government service of Member Nations, for their special competence in finance and administration. The Chairman, other members and alternates shall be elected for a period of two years at the session of the Council immediately following the regular session of the Conference. The Chairman and each other member and alternate of the Committee shall be a national of a different Member Nation. They shall be eligible for reappointment.

    4. An alternate member shall be called upon to attend a Committee session only when a member expects to be absent for the whole of that particular session. An alternate substituting for a member of the Committee shall have the same rights and privileges as a member. Providing no additional expenses (including those referred to in paragraph 9 of this Rule) are involved for the Organization, an alternate not substituting for a member may attend sessions of the Committee to follow the discussions but shall not have the right to speak nor to take part in the discussions. unless invited to do so by the Chairman with the concurrence of the Committee.

    (Adopted 21.11. 67)

    Amendment to rules XXIX-1 and XXX-1 of the general rules, relative to membership in the committee on commodity problems and committee on fisheries


    a) Increase in membership of two committees
    b) Method of balloting


    a) Increase in membership of two committees

    562. The Conference noted that the Council, taking into account the desire of a number of developing Member Nations, particularly from Africa, to participate in the work of the Committee on Commodity Problems (CCP) and the Committee on Fisheries (COFI), had recommended an increase in the membership of both Committees from 30 to 34 Member Nations.

    563. The Conference accordingly adopted the following resolution:

    Resolution No. 15/67

    Membership of the Committee on Commodity Problems and of the Committee on Fisheries

    THE CONFERENCE

    Having noted paragraph 141 of the report of the Forty-Seventh Session of the Council and paragraphs 135 to 140 of the provisional report of the Forty-Eighth Session of the Council;

    Acting in accordance with the provisions of Rule XXXIX of the General Rules of the Organization;

    Decides to increase the membership of the Committee on Commodity Problems and of the Committee on Fisheries from 30 to 34 members;

    Amends accordingly the first sentence of paragraph 1 of Rule XXIX of the General Rules of the Organization to read as follows:

  • "The Committee on Commodity Problems... shall be composed of 34 Member Nations elected by the Council "
  • Also amends the first sentence of paragraph 1 of Rule XXX of the General Rules of the Organization to read as follows:

  • "The Committee on Fisheries... shall be composed of not more than 34 Member Nations elected by the Council "
  • Recommends that the Council in electing the members of the aforementioned Committees should take into account the interest of developing nations in agricultural production and trade, and in fisheries resources and activities respectively.

    (Adopted 21.11.67)

    b) Method of balloting

    564. It was however pointed out that this increase by itself would not necessarily achieve the purpose intended, i.e., the allocation of additional seats to developing Member Nations.

    565. The Conference accordingly concurred with the Council's proposals regarding the method of balloting for these two Committees at the Fiftieth Session of the Council (to be held immediately after the Fourteenth Conference Session), with modifications in paragraphs (e), (g) and (h) below.

    566. The system of balloting to be adopted, on a trial basis at that session will be as follows:

    (a) The closing date for nomination of candidates for elections to the two Committees will be determined by the Chairman of the Council, i.e. two days before the opening of the Fiftieth Council Session;

    (b) The list of the Member Nations validly nominated will be circulated to Council Members on the day before the Council Session;

    (c) The names of all candidates validly nominated will be listed on the ballot paper;

    (d) For the two Committees in question, Council Members will cast votes for only 30 seats in a first ballot (or in a first series of ballots, if in the initial ballot insufficient candidates received the majority required for election (Rule XII-12(a));

    (e) A second ballot (or series of ballots) will be conducted to fill the remaining 4 seats, the candidates included on this second ballot paper being confined to those candidates nominated under the procedure set out in (a) above which are from the four FAO Regions of Africa, Asia and the Far East, Latin America and Near East, as defined for Council election purposes; bearing in mind also in this second ballot the criteria for selection of members of the two Committees as set out in Rules XXIX, paragraph 1 and XXX, paragraph 1 of the General Rules of the Organization.

    (f) However, should less than four candidates from these four regions remain unallocated after the first ballot, then the candidates for the second ballot will include all the candidates which failed to be elected in the first ballot, irrespective of the region to which they are assigned;

    (g) This system would be applied for the election of the two Committees at the Fiftieth Session of the Council in November 1967. At its Fifty-First Session (1968), the Council would reconsider the matter in the light of the experience at its Fiftieth Session, bearing in mind the alternatives which had been considered on the various occasions that this subject had been discussed in the two Committees concerned, in the Council itself, and in the Conference at its Fourteenth Session.

    (h) In view of the special circumstances regarding fisheries problems, the Council will refer the matter also to the 1968 Session of the Committee on Fisheries, to be held prior to the Fifty-First Session of the Council, so that that Committee may report to the Council on any special aspects of the system of balloting which it considers the Council should take into consideration.

    567. Certain delegations stated their opposition to this procedure taking into account its discriminatory and antidemocratic characteristics.

    Amendment to rule XXIX-9 of the general rules, relative to attendance by non-FAO nations at CCP consultations

    568. The Committee on Commodity Problems had noted in the Report of its Forty-First Session (CL 48/3, paragraph 150) that Rule XXIX-9 of the General Rules of the Organization, relating to the admission to CCP subsidiary bodies of Member States of the United Nations that are neither Member Nations nor Associate Members of FAO, was limited to Commodity Study Groups. The CCP felt that it would be desirable for an analogous provision to be incorporated in Rule XXIX in order to enable

    Non-Member Nations of the Organization that were Members of the United Nations to attend consultations on individual commodities convened by the CCP and to participate fully at the discussions in such consultations with the right to vote and hold office.

    569. At its Forty-Eighth Session, the Council agreed with the views of the CCP and accordingly recommended to the Conference for adoption an amendment to paragraph 9 of Rule XXIX of the General Rules of the Organization.

    570. When the Conference considered the amendment recommended by the Council some delegates expressed doubts as to the desirability of extending to Commodity consultations an exceptional rule originally intended for Commodity Study Groups only: they felt that if countries wanted to participate in consultations on an equal footing with Member Nations, such countries should become members of the Organization and thus share all rights and obligations with other Member Nations. Other delegates whose countries had been represented at the sessions of the CCP or the Council, at which the proposed amendment was discussed, explained the reasons which had induced these bodies to recommend the amendment. It was pointed out in this connection that the effectiveness of international commodity consultations was sometimes contingent upon the participation of non-Member States and that in such cases their participation would be in the interests of the Organization and its Member Nations. Certain delegates stressed that adequate safe-guards were provided by the authority vested in the Council to approve - or disapprove - the issuing of invitations to non-Member Nations.

    571. Accordingly, the Conference concurred in the proposal submitted by the Council, and adopted the following resolution:

    Resolution No. 16/67

    Attendance of Non-Member Nations of the Organization at Consultations on Individual Commodities

    THE CONFERENCE

    Noting that the Committee on Commodity Problems in the report of its Forty-First Session expressed the view that it would be desirable to create a legal basis for inviting nations which, while not being Member Nations or Associate Members of the Organization are Members of the United Nations, to attend consultations on individual commodities and to participate in the discussions with the right to vote and to hold office;

    Noting further that the Council, at its Forty-Eighth Session, endorsed the views of the Committee on Commodity Problems and recommended an amendment to Rule XXIX, paragraph 9, of the General Rules of the Organization;

    Decides to amend Rule XXIX, paragraph 9, of the General Rules of the Organization to read as follows:

    "The Council may admit to membership of Commodity Study Groups established by the Committee, nations which, while not Member Nations or Associate Members of the Organization, are Members of the United Nations. It may authorize the Director-General to invite at their request, nations which, while not Member Nations or Associate Members of the Organization, are Members of the United Nations, to attend consultations, convened under paragraph 1 (e) of Rule XXIV of the General Rules of the Organization, on individual commodities and participate in the discussions, with the right to vote and to hold office. Former Member Nations of the Organization that have withdrawn leaving arrears of contributions shall not be admitted to membership in Commodity Study Groups or attend consultations on individual commodities until such time as they have paid up all such arrears or the Conference has approved an arrangement for the settlement thereof, or unless the Council, in special circumstances, decides otherwise with respect to such admission."

    (Adopted 21.11. 67)

    572. As several delegates had expressed reservations with respect to the above amendment, the Conference recommended that the general question of membership of non-Member Nations who are Members of the United Nations in FAO subsidiary bodies, should be re-examined by the Council and those of its Committees to which the Council may decide to refer the matter.

    Amendments to financial regulations


    a) Financial regulation 4.1 (obligations against future budgetary periods)
    b) Financial regulation 5.9 and basic texts, volume II, section VII
    c) Financial Regulations 6. 9 and 7.1.


    a) Financial regulation 4.1 (obligations against future budgetary periods)

    573. The Conference noted that the Council at its Forty-Eighth Session when examining the External Auditor's Report on the accounts of the Organization's Regular Program for 1964-65, had been informed that it had been necessary for the Director-General to enter into commitments of an administrative nature which extend into future financial periods, before the Conference had voted the appropriations for such periods.

    574. The Council while noting that the present text of Financial Regulation 4.1 authorises the Director-General to incur obligations against appropriations voted by the Conference, agreed that there is no legal basis for entering into commitments against budgets which have not yet been voted.

    575. The Conference agreed with the Council that it is desirable for the efficient management of the Organization that the Director-General be authorised to enter into certain administrative commitments (leases for premises, contracts for office supplies and equipment and for cleaning of premises, insurance, etc. ), before the budgetary appropriations for the period to which such commitments relate, have been voted by the Conference.

    576. The Conference approved the following amendment to the Financial Regulations (underlined words to be added):

    Amendment to Financial Regulation IV

    (a) re-number Financial Regulation 4.1 to read 4.1 (a)

    (b) add a new Financial Regulation 4.1 (b) reading:

    "4.1 (b) The Director-General may also incur obligations against future periods before appropriations are voted when such obligations are necessary for the continued effective functioning of the Organization. provided such obligations are restricted to administrative requirements of a continuing: nature not exceeding the scale of such requirements as authorised in the Budget of the current financial period."

    b) Financial regulation 5.9 and basic texts, volume II, section VII

    577. The Conference noted that the Committee on Constitutional and legal Matters (CCLM), pursuant to a request made by the Council at its Forty-Eighth Session, had already considered the consequential amendments to the Basic Texts of the Organization which would be necessary if the amendment to Article VI-1 proposed by the Council were adopted. The CCLM had also availed itself of this opportunity to recommend further amendments to certain provisions in the Basic Texts. The need for these amendments had arisen because certain provisions had become obsolete on account of Commodity Study Groups no longer being covered by the principles applicable to Article VI Commissions and Committees since they were now subsidiary bodies of a standing committee of the Council provided for under Article V of the Constitution. Further amendments were also necessary to take into account the fact that non-Member Nations that were members of the United Nations could be admitted to membership in subsidiary bodies of the Committee on Fisheries.

    578. The Conference, having decided not to amend Article VI-1 of the Constitution nevertheless considered that it would be desirable to amend the Basic Texts to take into consideration the changed constitutional status of Commodity Study Groups and the possible membership of non-Member Nations of the Organization in subsidiary bodies of the Committee on Fisheries.

    579. Accordingly, the Conference adopted the following resolution:

    Resolution No. 17/67

    Amendment to Financial Regulations 5. 9 and to Basic Texts, Vol.II, Section VII, Entitled "Principles and Procedures which should Govern Conventions and Agreements Concluded under Articles XIV and XV of the Constitution, and Commissions and Committees Established under Article VI of the Constitution

    THE CONFERENCE

    Considering

    1. That the Committee on Commodity Problems was no longer a body established under Article VI of the Constitution and that in 1957 it has been established under Article V, with the consequence that Commodity Study Groups provided for in Rule XXIX-9 of the General Rules of the Organization were no longer governed by the principles adopted by the Conference covering Article VI Commissions and Committees;

    2. That at its Thirteenth Session it had created the Committee on Fisheries and that Rule XXX-10 of the General Rules of the Organization provides that non-Member Nations of the Organization that were members of the United Nations might be admitted to membership of subsidiary bodies of the Committee on Fisheries; and

    3. The Report of the Eighteenth Session of the Committee on Constitutional and Legal Matters (CCLM);

    Hereby Adopts the following amendments: (underlined words to be added, / bracketed / words to be deleted):

    Amendment to Financial Regulation 5. 9.

    "Non-Member Nations of the Organization that are members of commodity study groups; sub-committees, subsidiary working parties and study groups established by the Committee on Fisheries; or of bodies established by conventions or agreements concluded under Article XIV of the Constitution, shall contribute toward the expenses incurred by the Organization with respect to the activities of those groups or bodies in an amount determined by the Director-General except as otherwise decided by the Conference or the Council."

    Amendment to Basic Texts, Volume II, Section VII, paragraph 23

    "Membership in the commissions and committees provided for in Article VI of the Constitution shall not be open to non-Member Nations of the Organization L except that such non-Member Nations as are Members of the United Nations may be admitted by the Council to membership in Commodity Study Groups. Former Member Nations of the Organization that have withdrawn leaving arrears of contributions shall not be admitted to membership in Commodity Study Groups until such time as they have paid up all such arrears or the Conference had approved an arrangement for the settlement thereof or unless the Council, in special circumstances, decides otherwise with respect to such admission"

    Amendment to Basic Texts, Volume II, Section VII, paragraph 32 (iv)

    "Non-Member Nations of the Organization that become members of / Commodity Study Groups or of / bodies established by conventions or agreements concluded under Article XIV of the Constitution shall / ordinarily / be required to contribute toward the expenses incurred by the Organization with respect to the activities of these / gropes or / bodies."

    (Adopted 23.11. 67)

    c) Financial Regulations 6. 9 and 7.1.

    (Publications Revolving Fund and FAO Magazine)

    580. The Conference noted that the Council at its Forty-Seventh Session had agreed that the proceeds of sales of films and publications financed from extra budgetary funds (in particular those relating to Freedom from Hunger Campaign and World Food Program funds) may be credited back to such funds and that an amendment to Financial Regulation 6.9 was necessary to permit this.

    581. The Council had also recalled the decision taken by the Conference at its Thirteenth Session that the further Development of the FAO magazine be financed through additional revenue from advertising in and subscription sales of that Magazine and noted that this also required an amendment to Financial Regulation 6.9 and a consequential amendment to Financial Regulation 7.1.

    582. The Conference approved the following amendments to the Financial Regulations as recommended by the Council (underlined words to be added, / barracked / words to be deleted):

    Amendment to Financial Regulation VI

    FUNDS

    6.9 There shall be established a Publications Revolving Fund to which shall be credited / all / the proceeds of sales of publications and films including the proceeds of sales of the FAO magazine and the revenue from advertising in that magazine, except that where extra-budgetary funds are used to finance films or publications, the proceeds of sales may be credited to such funds.

    The Fund shall be used only for the following purposes:

    (i) to meet the cost of reprinting those publications and re-issuing those films of the Organization for the sale of which there is a demand;

    (ii) to promote within a maximum amount determined by the Conference, the sale of films and publications of the Organization / . /:

    (iii) to promote within a maximum amount determined by the Conference, the Development of the FAO magazine

    Any balance at the end of each financial period in excess of $10,000 as shown in the Audited Accounts of the Fund shall be transferred to Miscellaneous Income of the financial period during which the Audit is completed."

    Amendment to Financial Regulation VII

    "OTHER INCOME

    7.1 Contributions from Associate Members and all receipts other than:

    (a) ........................
    (b) ........................
    (c)........................
    (d)........................
    (e) Revenue from advertising in the FAO magazine

    shall be classed as Miscellaneous Income, for credit to the General Fund. Interest or other income ........................".


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