| CL 121/5
|
| CL 121/5
|
Hundred and Twenty-first Session |
Rome, 30 October - 1 November 2001 |
REPORT OF THE SEVENTY-SECOND SESSION OF THE COMMITTEE ON CONSTITUTIONAL AND LEGAL MATTERS (CCLM) |
Rome, 8 - 10 October 2001 |
III. AGREEMENT WITH THE ARAB ORGANIZATION FOR AGRICULTURAL DEVELOPMENT
IV. ARREARS OF THE FORMER SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA
V. INTERNATIONAL UNDERTAKING ON PLANT GENETIC RESOURCES
1. The Seventy-second Session of the Committee on Constitutional and Legal Matters (CCLM) was held from 8 to 10 October 2001. All the Members of the Committee, as listed below, were represented:
Democratic People's Republic of Korea, France, Iraq, Malta, Senegal,
the United States of America and Uruguay.
2. The CCLM recalled that the Agreement for the Establishment of a Commission for Controlling the Desert Locust in the Eastern Region of its Distribution Area in South-West Asia was approved by the Conference at its Twelfth Session in December 1963. At its Twelfth Session, in March 1977, the Commission adopted amendments to the Agreement which were approved by the FAO Council at its Seventy-second Session, in November 1977. These amendments entered into force for all parties to the Agreement upon approval by the Council. Current Parties to the Agreement are: Afghanistan, India, the Islamic Republic of Iran and Pakistan.
3. The CCLM further recalled that the Commission, at its Twenty-second Session, held in Tehran, in September 2000, adopted a number of amendments to the Agreement under the terms of Article XIV of the Agreement, which provides that "any amendment (...) shall require the approval of the Council of the Organization unless the Council considers it desirable to refer the amendments to the Conference of the Organization for approval". Amendments not involving new obligations for Members of the Commission shall take effect with respect to all Members from the date of approval by the Council or Conference, as appropriate. Amendments involving new obligations for Members of the Commission shall, after approval by the Conference or Council of the Organization, come into force in respect of each Member only upon acceptance by it.
4. Consequently, the CCLM considered whether the amendments to the Agreement, as adopted in September 2000, would involve new obligations for the Members of the Commission. In doing so, the CCLM took into account the criteria, set down by the CCLM itself in October 1977 and consistently applied by it since that date, for determining whether amendments involved new obligations.
5. The CCLM reviewed the proposed amendments, as adopted at the Twenty-second Session of the Commission in September 2000 and as attached to this report as Appendix I, and was of the opinion that they did not involve new obligations for the parties to the Agreement and that, therefore, they would come into force once approved by the FAO Council. The CCLM found the amendments to be in conformity with the Basic Texts of the Organization and in proper legal form and recommended that these amendments be submitted to the Council, at its Hundred and Twenty-first Session in October 2001, for approval.
6. The CCLM recalled that the Arab Organization for Agricultural Development (AOAD) was established under an agreement approved by the Council of the League of Arab States on 11 March 1970 and that, in January 1974, the AOAD and FAO had concluded an Agreement under the terms of an exchange of letters. Current AOAD Members are all the twenty-one Members of the Arab League.
7. The CCLM took note that, over the years, cooperation between the two organizations had developed and covered a large range of fields of cooperation in agriculture, with exchange of information, consultation and exchange of experience on studies and projects, participation in meetings, organization of joint programmes and studies, setting up of a liaison mechanism with the Regional Office for the Near East in Cairo, as well as the use of personnel and exchange of scientific material.
8. The CCLM took further note that this extended cooperation between the two organizations did not exclude some shortcomings, in particular regarding the formal legal relationship between them. This had led FAO and AOAD to the conclusion that the Agreement of 1974 needed to be renegotiated, with a view to elaborating a more structured framework of cooperation that, at the same time, would improve effective collaboration between the two organizations at the working level.
9. In examining the draft Agreement, the CCLM took into consideration the provisions of Article XIII of the FAO Constitution regarding cooperation with international organizations, as well as the guidelines for formal relationship agreements between FAO and other intergovernmental organizations, which are set out in the Appendix to Conference Resolution 69/59 (Part N of the Basic Texts of the Organization).
10. The CCLM reviewed the text of the draft Agreement, as attached to this report as Appendix II. It was of the opinion that Article I.3 was not required, as the provisions were already contained in the preceding paragraphs of Article I. It moreover noted that the provisions of Article I.3 were not used in other FAO agreements, and therefore recommended its deletion after consultation with AOAD. With these considerations, the CCLM found the draft agreement to be in conformity with the FAO Constitution and with Conference Resolution 69/59, and forwarded it to the Council, at its Hundred and Twenty-first Session in October 2001, for approval and subsequently to the Conference, at its Thirty-first Session in November 2001, for confirmation.
11. The CCLM recalled the main decisions of the General Assembly of the United Nations (UNGA) and the Security Council as well as of the FAO Council regarding Yugoslavia, in the period between the Socialist Federal Republic of Yugoslavia's becoming a Member Nation of FAO on 16 October 1946 and the Government of the Federal Republic of Yugoslavia's formal application for FAO membership, sent to the Director-General on 21 November 2000. The CCLM further recalled that, on matters regarding succession and recognition of States, FAO has always followed the practice of the United Nations, and that this was the case with respect to Yugoslavia.
12. The CCLM noted, in particular, that the formal application for membership, received by the Director-General from the Government of the Federal Republic of Yugoslavia on 21 November 2000, will be considered by the Conference, at its Thirty-first Session in November 2001. The Hundred and Nineteenth Session of the Council, held in November 2000, agreed that, pending the decision of the Conference on the application, the Federal Republic of Yugoslavia might be invited to send observers to meetings of the Council and regional and technical meetings that are of interest to it, and might also be asked to designate participants in seminars, workshops and training courses.
13. The CCLM noted that, in line with the well established practice of FAO, the issue of the arrears accumulated by the former Socialist Federal Republic of Yugoslavia would be dealt with by taking into account the decision taken on the matter at the United Nations. No decision has yet been taken at the United Nations on this complex matter, which involves both political and legal considerations. Furthermore, the matter may not be resolved speedily.
14. Without prejudging the content of any decision that may be taken at the United Nations, the CCLM considered that a number of legal considerations might be of some relevance. These included: (i) the fact that it was considered that the State formerly known as the Socialist Federal Republic of Yugoslavia had ceased to exist on 27 April 1992, following a process of dissolution that lasted a number of years; (ii) the provisions of Part IV of the Vienna Convention on Succession of States in Respect of State Property, Archives and Debts; and (iii) any arrangements on succession issues entered into by the successor States of the former Socialist Federal Republic of Yugoslavia.
15. The CCLM considered the above and recommended to the Council that, should the Federal Republic of Yugoslavia be admitted to membership of FAO before a decision on the arrears of the former Socialist Federal Republic of Yugoslavia is taken at the United Nations, the matter be decided by the Council in the light of the decision taken at the United Nations and upon advice of the CCLM and the Finance Committee, subject to confirmation by the Conference.
16. The CCLM recalled that the International Undertaking on Plant Genetic Resources (the Undertaking) had been adopted by the Conference in November 1983 and that a number of agreed interpretations of the Undertaking had subsequently been adopted by the FAO Conference as Conference Resolutions in 1989 and 1991 and annexed to the Undertaking. It also recalled that the Council had, in November 1983, on the authority of the Conference and in implementation of Article 9 of the Undertaking, established the Commission on Plant Genetic Resources, whose mandate had been broadened by the Conference in 1995, and whose name was, since the same year 1995, the Commission on Genetic Resources for Food and Agriculture (the Commission). The Commission had since its establishment monitored the implementation of the Undertaking.
17. The CCLM also recalled the background to negotiated revision of the Undertaking, in particular the fact that, in adopting the text of the Convention on Biological Diversity in 1992, countries had also adopted Resolution 3 of the Nairobi Final Act, which recognized that access to ex situ collections not acquired in accordance with the Convention, and Farmers' Rights, were outstanding matters which the Convention had not addressed, for which solutions should be sought within FAO's Global System on Plant Genetic Resources for Food and Agriculture, of which the Undertaking was the corner-stone.
18. The CCLM further recalled that, at its session of November 1993, the Conference had adopted Resolution 7/93, which requested "the Director-General to provide a forum for negotiation among governments: (a) for the adaptation of the International Undertaking on Plant Genetic Resources, in harmony with the Convention on Biological Diversity, (b) for consideration of the issue of access on mutually agreed terms to plant genetic resources, including ex situ collections not addressed by the Convention, as well as (c) for the issue of the realization of Farmers' Rights ... through regular and extraordinary sessions of the Commission"1.
19. The CCLM noted that the negotiations in the Commission had begun in November 1994 and continued until 30 June 2001; that progress in the negotiations had regularly been reported to the Conference of the Parties to the Convention on Biological Diversity; and that the Council and the Conference had monitored the process of the negotiations and had stressed the high priority given to completing them. It recalled that, in June 2001, the Commission had "adopted the text of the International Undertaking on Plant Genetic Resources", and had "requested the Director-General to transmit it, through the Seventy-second session of the Committee on Constitutional and Legal Matters (8-9 October 2001) and the Hundred and Twenty-first session of the Council (30 October-1 November 2001), to the Thirty-first Session of the Conference (2-13 November 2001), for its consideration and approval"2. The CCLM also noted the two declarations of the European Union and the statement made by Japan3. The CCLM also recalled that, "in adopting the text of the International Undertaking, the Commission also forwarded to the Thirty-first session of the Conference the draft of a resolution, to be considered for adoption in parallel with the International Undertaking, regarding interim arrangements for its implementation"4. It was noted that the text before the CCLM was not yet finalized and that the bracketed text and other issues raised in country comments would need to be resolved before the Undertaking came before the Conference.
20. On the assumption that the Undertaking will be concluded within the framework of FAO, the CCLM reviewed the text of the Undertaking and the text of the draft Conference Resolution, adopted at the Sixth Extraordinary Session of the Commission in June 2001 and attached to its report as Appendixes B and F respectively. In reviewing these texts, the CCLM took into special consideration the principles contained in Article XIV of the FAO Constitution, Rule XXI of the GRO, and Part R of the Basic Texts of the Organization, and restricted its work to aspects of a specifically legal nature.
MODIFICATIONS TO THE TEXT OF THE UNDERTAKING
21. The CCLM proposed a number of modifications to the text of the Undertaking adopted by the Commission at its Sixth Regular Session. The following notes provide information, where necessary, on the reasons for the CCLM's proposed modifications and on other matters that it wished to bring to the attention of the Council. Textual corrections and amendments for consistency between the parts of the agreement have also been introduced. All these changes have been incorporated into the text contained in Appendix III to this Report.
22. Establishment of the Undertaking within the framework of FAO. Rule XXI.1c of the GRO provides that the Conference "... 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; ..." This mandatory provision is reinforced by Part R of the Basic Texts, which provides that "the preamble shall always specify that the convention or agreement is established within the framework of the Organization"5. The CCLM decided that it would systematically conform the text to the requirements of Article XIV, noting that, should the Undertaking not be an Article XIV agreement, neither the CCLM nor the FAO Governing Bodies would be involved in its adoption.
23. Name of the Instrument. The CCLM recommended that, in accordance with Part R of the Basic Texts, Appendix, A.1, the instrument should be entitled "The International Convention on Plant Genetic Resources for Food and Agriculture". The term "Undertaking" is not one normally used in respect of a binding international agreement. Furthermore, Part R of the Basic Texts states that "such treaties concluded under Article XIV of the Constitution as are of a worldwide scope shall in future be designated by the term `convention', while the others shall be designated by the term `agreement"6. This would also assist in avoiding confusion between the old status of the Undertaking, as a voluntary instrument, and its new status, as a binding international instrument. In addition, given the objectives of the future instrument as set out in Article 1, as well as the frequent reference in the text to "plant genetic resources for food and agriculture", the scope of the Convention should be apparent from the title.
24. Preamble. The CCLM inserted a final clause within the preamble, establishing the Convention under Article XIV.
25. Article 4. The CCLM was of the opinion that the use of a "savings clause" - one example of which could be found in the bracketed text - was compatible with an Article XIV agreement. It was also of the opinion that a "savings clause" was not absolutely necessary. It considered that the final formulation and position of the text in brackets was a matter for negotiations.
26. Article 13.3a. The CCLM recognized that there was an inconsistency amongst the languages regarding the use of the prepositions "in" or "for", in the first sentence. It decided to standardize on "for" in all the languages.
27. Article 13.5 (old 14.2d (iii)). The CCLM decided to move paragraph 14.2d (iii) to become new Article 13.5, because it related to the Material Transfer Agreements that were the subject of Article 13.4. Article 13.5 was therefore renumbered as Article 13.6.
28. Article 14.1 For clarity, the CCLM recommended changing the phrase "within the Multilateral System" to read "which are included in the Multilateral System".
29. Article 14.2a. The CCLM decided to add a final clause specifying that the information system of the Multilateral System is that "provided for in Article 18".
30. Article 20.2 states that all decisions of the Governing Body shall be taken by consensus. This does not in itself raise a fundamental legal problem, but the CCLM recommended adding the following phrase, "unless by consensus another means of arriving at a decision on certain matters is reached". It noted, for instance, that the Rules of Procedure, to be approved by consensus, could foresee matters on which a decision could be taken by a majority or by a qualified majority. This would provide the means to avoid deadlock in its decision-making processes, at least in some matters (for example, in elections).
31. Article 20.3d. The CCLM noted that a function of the Governing Body is to adopt a budget. The Governing Body could not, however, adopt a budget for that part of its resources that was under the authority of the FAO Conference. In this respect, it noted that, under Article XIV, there were three possible sources of funds for the Governing Body: (1) that it be entirely financed by the Organization; (2) that, in addition to being financed by the Organization, it may undertake cooperative projects financed by contracting parties; and (3) that, in addition to being financed by the Organization, it have an autonomous budget. It therefore observed that the intention of the Article could only refer to the autonomous budget.
32. Article 20.6. The CCLM was of the opinion that the square brackets around this Article should be removed, as the text in question is compatible with Article XIV. It is found in other Article XIV agreements, such as the International Plant Protection Convention.
33. Article 21.1. The CCLM noted that square brackets had been retained in the first sentence of this Article, pending resolution of the question as to whether or not the revised Undertaking fell under Article XIV. It accordingly removed the brackets. It also noted that the approval by the Governing Body of the appointment of the Secretary, as provided for in the first sentence of Article 21, is conditional on there being an autonomous budget, in accordance with the provisions of Part R, Appendix B, paragraphs 32 and 33.
34. In the second sentence, it decided to delete the words "... as the Governing body may decide" and replace them with the words "... as may be required", to allow for the Director-General's authority to appoint the Secretariat's staff.
35. Article 21.3. The CCLM decided to specify that the Secretary should communicate decisions of the Governing Body and information received from Contracting Parties to both the Contracting Parties and to the Director-General, in order to comply with Rule XXI.1(c) of the GRO which provides that the Conference "may approve only such conventions, agreements, supplementary conventions or agreements as contain provisions to the effect that: ... (ii) recommendations adopted and reports on activities carried out by any such body shall be transmitted to the Director-General of the Organization".
36. Article 21.4 and Article 36. The CCLM noted that, while Russian is one of the languages of the United Nations and not one of the languages of FAO, this Articles foresees its use. This has budgetary implications. In particular, in the absence of a decision of the Conference to the contrary, the costs connected with operating in Russian could not be met out of FAO regular budget resources.
37. Article 25. The CCLM decided to delete the first clause of Article 25.2 and the whole of Article 25.3, as being redundant.
38. Articles 28, 29 and 30.2. The CCLM noted that the provisions of these Articles are interlinked, and considered them together. It amended Article 28 to make clear that States that had not signed, in accordance with Article 26, might still accede to the Convention after the closure for signature. It amended Article 29 to ensure that instruments deposited by a Member Organization shall not be counted as additional to those deposited by its Member States. Moreover, the CCLM amended Article 30.2, to specify that it applied to instruments of withdrawal as well as to instruments of ratification, acceptance, approval or accession.
39. As regards the admission, as Contracting Parties, of States that are not FAO Members, the CCLM noted that Article XIV.3(b) of the FAO Constitution provides that agreements establishing commissions or committees require prior approval by at least two-thirds of the membership of such commissions or committees for the participation of non-Member States of the Organization that are members of the United Nations, any of its specialized agencies or the International Atomic Energy Agency or by regional economic integration organizations other than Member Organizations. It also noted, however, that the most recent agreements under Article XIV (which do not foresee, as their primary objective, the establishment of a commission or committee) provide instead for a Governing Body to which all Contracting Parties are automatically admitted as members. The agreements in question are: the Plant Protection Agreement for the Asia and Pacific Region (1955); the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (1993); the International Plant Protection Convention, in the new revised text approved by FAO Conference at its Twenty-ninth Session (November 1997). The International Convention on Plant Genetic Resources for Food and Agriculture could, in the opinion of the CCLM, follow these precedents.
MODIFICATIONS TO THE TEXT OF THE DRAFT RESOLUTION FOR CONSIDERATION BY THE FAO CONFERENCE
40. The CCLM noted that the draft Resolution was still in an early stage of formulation. It reviewed the text for consistency and made a number of editorial suggestions. These have been incorporated in the text contained in Appendix IV to this Report. The following notes provide information, where necessary, on the reasons for the CCLM's suggestions and on other matters that it wished to bring to the attention of the Council.
41. Paragraph A.4. The CCLM noted that the draft paragraph contained a declaration of principle, which did not depend from a "decision" of the Conference, but from the Convention itself, once it has entered into force, and that it was applicable only to Contracting Parties. It therefore suggested that the word "decides" be replaced by the words "notes with satisfaction".
42. Interim arrangements for the implementation of the International Convention on Plant Genetic Resources for Food and Agriculture. The CCLM discussed the legal implications of the proposal to establish an "Interim Committee". It recommended that consideration be given to the FAO Commission on Genetic Resources for Food and Agriculture acting as the Interim Committee, which has a number of advantages.
43. It noted that the Commission, by its mandate, will continue to monitor the Undertaking until the entry into force of the new Convention, and that it is common in international law that the body that negotiated a treaty act as the interim intergovernmental committee before its entry into force, which guarantees continuity and consistency. It noted that a number of provisions for the implementation of the Convention are required by the text of the Convention and the draft Resolution to be negotiated before the entry into force of the Convention. The Commission will also continue to oversee a number of related matters that will form part of or be closely connected with the Convention, namely: the agreements with the IARCs of the CGIAR; the State of the World's Plant Genetic Resources, the rolling Global Plan of Action on Plant Genetic Resources and the Global Information System on Plant Genetic Resources for Food and Agriculture. It also recognized that, with the entry into force of the Convention, the role of the Commission as the Interim Committee would cease.
44. The CCLM recognized that there was no legal impediment to the Commission both performing its normal functions and constituting itself, as required, to act as the Interim Committee. This would allow FAO to avoid potentially conflicting decisions between two different bodies, and would increase efficiency and avoid a duplication of effort.
45. The CCLM noted that the draft Resolution foresaw the participation of States that are not FAO Members in the work of the Interim Committee, consistent with applicable FAO rules.
46. With these considerations, the CCLM concluded that the text of the International Convention on Plant Genetic Resources for Food and Agriculture, and the associated Resolution, are consistent with the Basic Texts of the Organization, and are set out in a proper legal form. The CCLM accordingly recommended that the texts of the Convention, as set out in Appendix III, and the Draft Resolution, as set out in Appendix IV, be submitted with its comments to the Council, at its Hundred and Twenty-first Session in October-November 2001, so that they could be finalized by the Council, prior to their submission to the Conference.
47. As this was the last meeting of the CCLM with its present membership, its members wished to record their appreciation for the effective manner in which the Chairman had performed his task.
AMENDMENTS TO THE
AGREEMENT FOR THE ESTABLISHMENT OF AN FAO COMMISSION FOR
CONTROLLING THE DESERT LOCUST IN THE EASTERN REGION OF ITS SOUTH-WEST ASIA*
DISTRIBUTION AREA IN
as amended by the Commission at its Twelfth Session (9-17 March 1977) and approved by the FAO Council at its Seventy-Second Session (8-10 November 1977).
PREAMBLE
The Contracting Governments, having regard to the urgent necessity of preventing losses
to agriculture in certain countries of central and western Asia caused by the Desert
Locust, hereby establish within the framework of the Food and Agriculture Organization of
the United Nations (hereinafter referred to as "The Organization") a Commission
to be known as the "FAO Commission for Controlling the Desert Locust in the
Eastern Region of its Distribution Area in South-West Asia", whose object
shall be to promote national and international research and action with respect to the
control of the Desert Locust in that Region. The Region is defined as consisting of the
territories of Afghanistan, India, the Islamic Republic of Iran and Pakistan
and any territories adjacent to the above countries.
ARTICLE I
Membership
1. The Members of the FAO Commission for Controlling the Desert Locust in
the Eastern Region of its Distribution Area in South-West Asia (hereinafter
referred to as "the Commission") shall be such Member Nations and Associate
Members of the Organization situated in the Region defined in the Preamble as accept this
Agreement in accordance with the provisions of Article XIII of this Agreement.
2. The Commission may, by a two-thirds majority of its Members, admit to membership such other States, situated in the Region that are Members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency, as have submitted an application for membership of the Commission and a declaration made in a formal instrument that they accept this Agreement as in force at the time of admission.
ARTICLE II
Obligations of Members regarding National Policies and
International Co-operation for the Control of the Desert Locust
1. Members undertake to maintain through the Secretary and/or between members of
the Commission a regular exchange of information on the current locust situation and the
progress of control campaigns within their countries, and also to transmit such
information regularly to the Desert Locust Information Service in London at
FAO, Rome in the light of the Agreement between the Organization and the
Anti-Locust Research Center.
2. Members undertake to carry out all possible measures to control plagues
for preventive control of the Desert Locust within their countries and to reduce
crop damage by adopting at least the following essential procedures:
(a) maintaining a permanent locust information and reporting service;
(b) maintaining an adequate permanent locust control service;
(c) holding reserves of insecticides and application equipment;
(d) encouraging and supporting such training, survey and research work, including where appropriate the maintenance of national research stations for the study of the Desert Locust, as may be considered desirable by the Commission and as are compatible with the resources of the country;
(e) participating in the implementation of any common policy of locust control or prevention which may be approved by the Commission;
(f) facilitating the storage of any items of anti-locust equipment and insecticides held by the Commission and permitting the duty-free import or export without hindrance of such goods and equipment as well as the free movement within the country of such goods and equipment;
(g) providing the Commission with any information it may request to carry out its functions effectively.
3. Members undertake to submit to the Commission periodic reports on the action taken to fulfil the obligations specified in paragraphs 1 and 2 above.
ARTICLE III
Seat of the Commission
1. The seat of the Commission shall be determined by the Commission.
2. Sessions of the Commission shall normally be held at its seat. Sessions may, however,
be convened elsewhere, in consultation with the Director-General of the Organization, in
pursuance of a decision of the Commission at a previous session.
ARTICLE IV
Functions of the Commission
The following shall be the functions of the Commission:
1. Joint action and Assistance
The Commission shall:
(a) plan and implement joint action for the survey and control of the Desert Locust in the Region wherever required and, to this effect, arrange means whereby adequate resources can be made available;
(b) assist and promote, in any manner which it considers appropriate, any national, regional or international action relating to the control or survey of the Desert Locust;
(c) determine, in consultation with the Members concerned, the nature and extent of assistance needed by such Members for implementing their national programs and for supporting regional programs;
(d) assist, at the request of any Member whose territory is faced with Desert Locust situations beyond the capacity of its national services to control and survey, in any measures jointly agreed to that may become necessary;
(e) maintain at strategic localities determined by the Commission, in consultation with the Members concerned, reserves of anti-locust equipment, insecticides and other supplies, to be used in cases of emergency in accordance with decisions of the Commission including supplementing of the national resources of any Member.
2. Information and Co-ordination
The Commission shall:
(a) ensure that all Members are provided with current information in regard to Desert Locust infestations, and collect and disseminate information on experience gained, research conducted and programs adopted on the national, regional and international levels in connection with the control of the Desert Locust;
(b) assist the national research organizations of Members and co-ordinate research in the Region by arranging visits of research and survey units and other appropriate means.
3. Co-operation
The Commission may:
(a) enter into arrangements or agreements, through the Director-General of the Organization, with Nations in the Region that are not Members of the United Nations, for common action in connection with survey and control of locusts in the Region;
(b) enter into or encourage arrangements, through the Director-General, with other United Nations Specialized Agencies or other international organizations concerned, for common action on the study and control of locusts and for the mutual exchange of information on problems concerning locusts.
4. Administrative matters
The Commission shall:
(a) consider and approve the report of the Secretary on the activities of the Commission, the Program and Budget of the Commission for the ensuing financial period, and the annual accounts;
(b) keep the Director-General of the Organization fully informed of its activities and transmit to him the accounts, the Program and the Budget of the Commission, the latter for submission to the Council of the Organization prior to implementation;
(c) transmit to the Director-General the reports and recommendations of the Commission, for such action by the Council or Conference of the Organization as may be appropriate.
ARTICLE V
Sessions of the Commission
1. Each Member of the Commission shall be represented at sessions of the Commission by a delegate who may be accompanied by an alternate and by experts and advisers. Alternates, experts and advisers may take part in the proceedings of the Commission but may not vote unless authorized by the delegate to substitute for him.
2. A majority of the Members of the Commission shall constitute a quorum. Each Member shall have one vote. Decisions of the Commission shall be taken by a majority of the votes cast except as otherwise provided for in this Agreement.
3. A Member which is in arrears in the payment of its financial contributions to the Commission shall have no vote if the amount of its arrears equals or exceeds the amount of the Contributions due from it for the two preceding financial years.
4. The Commission shall elect, at the beginning of each regular session, a Chairman and a Vice-Chairman from amongst the delegates. These Officers shall hold office until the beginning of the next regular session and shall be eligible for re-election.
5. The Director-General of the Organization in consultation with the Chairman of the
Commission shall convene a regular session of the Commission at least once a year
once every two years in calm periods and at least once a year during Desert Locust
upsurges. Special sessions may be convened by the Director-General in consultation
with the Chairman of the Commission, if so requested by the Commission in regular session
or by at least one third of the Members during intervals between regular sessions.
6. The Director-General of the Organization or a representative designated by him shall have the right to participate without vote in all meetings of the Commission or its subsidiary bodies.
ARTICLE VI
Observers and Consultants
1. Participation of international organizations in the work of the Commission and the relations between the Commission and such organizations shall be governed by the relevant provisions of the Constitution and the General Rules of the Organization as well as by the rules on relations with international organizations adopted by the Conference or Council of the Organization. All such relations shall be dealt with by the Director-General of the Organization.
2. Member Nations and Associate Members of the Organization that are not Members of the Commission may, upon their request, be represented by an observer at sessions of the Commission and of its subsidiary bodies.
3. States which, while not Members of the Commission nor Members or Associate Members of the Organization, are Members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency may, upon request and subject to the concurrence of the Commission and in accordance with the Provisions relating to the granting of observer status to Nations adopted by the Conference of the Organization, be invited to attend sessions of the Commission and its subsidiary bodies in an observer capacity.
4. The Commission may invite consultants or experts to attend its sessions.
ARTICLE VII
Secretariat
The Director-General of the Organization shall provide the Secretary and staff of the Commission, who, for administrative purposes, shall be responsible to him. They shall be appointed under the same terms and conditions as the staff of the Organization. The Secretary shall prepare a draft annual report on the activities of the Commission for the approval of the Commission with the view to its transmission to the Director-General of the Organization and shall submit to the Commission draft programs of work and budget and annual accounts.
ARTICLE VIII
The Executive Committee
1. An Executive Committee shall be established and shall be composed of one
representative (preferably a locust specialist) of each of the Members of the Commission.
The Chairman and Vice-Chairman of the Executive Committee shall be elected from amongst
its Members and shall hold office for one year. They shall be eligible for re-election.
2. The Executive Committee shall meet at least once between any two successive
regular Sessions of the Commission. The Chairman of the Executive Committee shall, in
consultation with the Director-General of the Organization, convene Sessions of the
Committee.
3. The Secretary of the Commission shall act as Secretary of the Executive
Committee.
ARTICLE IX
Functions of the Executive Committee.
The Executive Committee shall:
(a) make proposals to the Commission concerning policy matters and the program of activities;
(b) ensure the implementation for the policies and programs approved by the Commission;
(c) submit draft programs of work and budget and annual accounts to the Commission;
(d) prepare the draft annual report on the activities of the Commission for the approval of the Commission with the view to its transmission to the Director-General of the Organization.
(e) carry out such other functions as the Commission may delegate to it.
ARTICLE X VIII
Rules of Procedure and Financial Regulations
The Commission may, by a two-thirds majority of its membership, adopt and amend its own Rules of Procedure and Financial Regulations which shall be consistent with the General Rules and the Financial Regulations respectively of the Organization. The Rules of Procedure and Financial Regulations of the Commission and any amendment thereto shall come into force upon approval by the Director-General of the Organization, and as from the date of such approval, the Financial Regulations and amendments thereto being subject to confirmation by the Council of the Organization.
ARTICLE XI IX
Subsidiary Bodies
1. The Commission may, if necessary, establish sub-commissions, committees or working parties, subject to the availability of the necessary funds in the relevant chapters of the approved budgets of the Commission and of the Organization. The determination of such availability shall be made by the Director-General of the Organization. Before taking any decision involving expenditure in connection with the establishment of subsidiary bodies, the Commission shall have before it a report from the Director-General on the administrative and financial implications thereof.
2. Sessions of sub-commissions, committees and working parties shall be convened by the Chairman of such bodies in consultation with the Director-General of the Organization.
3. Membership in subsidiary bodies shall either be open to all Members of the Commission or shall consist of selected Members of the Commission, or of individuals appointed in their personal capacity, as determined by the Commission.
4. The procedure of subsidiary bodies shall be governed mutatis mutandis by the Rules of Procedure of the Commission.
ARTICLE XII X
Finance
1. Each Member of the Commission undertakes to contribute annually its share of the Budget in accordance with a scale of contributions to be adopted by a two-thirds majority of the membership of the Commission. The contributions of the Members of the Commission shall, initially, be calculated on the basis of the financial contributions worked out in respect of the Members in connection with the United Nations Special Fund Desert Locust Project, subject to such modifications as may be determined by the Commission as the result of acceptances of the Agreement in addition to those provided for in Article XVIII of the Agreement.
2. Contributions by Members may be made partly in cash and partly in kind, the proportion of each being determined by the Commission. For budgetary purposes, the cash value of contributions in kind shall be calculated by such means as the Commission may decide.
3. The Commission may also accept contributions and donations from other sources.
4. Contributions shall be payable in currencies to be determined by the Commission after consultation with each Member and with the concurrence of the Director-General of the Organization.
5. All contributions and donations received shall be placed in a Trust Fund administered by the Director-General of the Organization in conformity with the Financial Regulations of the Organization.
ARTICLE XIII XI
Expenses
1. The expenses of the Commission shall be paid out of its Budget except those relating to such staff and facilities which can be made available by the Organization. The expenses to be borne by the Organization shall be determined and paid within the limits of an annual budget prepared by the Director-General and approved by the Conference of the Organization in accordance with the Constitution, General Rules and the Financial Regulations of the Organization.
2. Expenses relating to attendance by one delegate of each Member Government of the Commission at sessions of the Commission or its subsidiary bodies shall be borne by the Commission. Expenses of alternates, advisers and observers, shall be borne by their respective governments or organizations.
3. Expenses of 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.
ARTICLE XIV XII
Amendments
1. This Agreement may be amended by a two-thirds majority of the membership of the Commission.
2. Proposals for amendments may be made by any Member of the Commission in a communication addressed to the Director-General of the Organization not later than 120 days before the Session of the Commission at which the proposal is to be considered. The Director-General shall inform all Members of the Commission of all proposals for amendment, within 30 days of receipt of such proposals.
3. Any amendment to this Agreement shall require the approval of the Council of the Organization unless the Council considers it desirable to refer the amendment to the Conference of the Organization for approval.
4. Amendments not involving new obligations for Members of the Commission shall take effect from the date of the approval by the Council or Conference, as appropriate.
5. Amendments involving new obligations for Members of the Commission shall, after approval by the Conference or Council of the Organization, come into force in respect of each Member 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 shall inform all Members of the Commission and the Secretary-General of the United Nations of such acceptance. The right and obligations of any Member of the Commission that has not accepted an amendment involving new obligations shall continue to be governed by the provisions of the Agreement in force prior to the amendment.
6. The Director-General of the Organization shall inform all Members of the Commission, all Members and Associate Members of the Organization and the Secretary-General of the United Nations of the entry into force of any amendment.
ARTICLE XV XIII
Acceptance
1. Acceptance of this Agreement by any Members or Associate Members 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 instrument by the Director-General.
2. Acceptance of this Agreement by non-Member Nations of this Organization shall become effective on the date on which the Commission approves the application for membership in conformity with the provisions of Article I of this Agreement.
3. The Director-General of the Organization shall inform all Members of the Commission, all Members 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 Agreement may be made subject to reservations which shall become effective only upon unanimous approval by the Members of the Commission. The Director-General of the Organization shall notify forthwith all Members of the Commission of any reservations. Members of the Commission not having replied within three months from the date of the notification shall be deemed to have accepted the reservation. Failing such approval, the nation making the reservation shall not become a party to this Agreement.
ARTICLE XVI XIV
Territorial Application
The Members of the Commission shall, when accepting this Agreement, 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 is responsible. Subject to the provisions of Article XVI-2, the scope of the territorial application may be modified by a subsequent declaration.
ARTICLE XVII XV
Interpretation and Settlement of Disputes
Any dispute regarding the interpretation or application of this Agreement, 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 XVIII XVI
Withdrawal
1. Any Member may withdraw from the Commission at any time after the expiration of one year from the date on which its acceptance took effect or from the date on which the Agreement entered into force, whichever is the later, by giving written notice of withdrawal to the Director-General of the Organization, who shall forthwith inform all Members of the Commission, all Member Nations and Associate Members of the Organization and the Secretary-General of the United Nations. The withdrawal shall become effective one year from the date of receipt of the notification of withdrawal.
2. A Member 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. When a Member gives notice of its own withdrawal from the Commission, it shall 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 of the Commission is responsible, except that such withdrawal shall not be deemed to apply to an Associate Member.
3. Any Member 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 Member concerned is responsible, except that such withdrawal shall not be deemed to apply to an Associate Member.
ARTICLE XIX XVII
Termination
1. This Agreement shall be considered terminated if and when the number of Members of the Commission falls below three, unless the remaining two Members of the Commission decide to continue, with the approval of the Conference of the Organization. The Director-General of the Organization shall inform all Members of the Commission, all Members and Associate Members of the Organization and the Secretary-General of the United Nations of such termination.
2. On termination of the Agreement all assets of the Commission shall be liquidated by the Director-General of the Organization and after settlement of the liabilities the balance shall be distributed proportionately amongst Members on the basis of the scale of contributions in force at the time. Nations whose contributions are in arrears for two consecutive years shall not be entitled to a share of the assets.
ARTICLE XX XVIII
Entry into force
1. This agreement shall enter into force as soon as three eligible Members 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 of this Agreement.
2. The Director-General shall notify all Nations having deposited instruments of acceptance as well as all Member Nations and Associate Members of the Organization and the Secretary-General of the United Nations of the date on which this Agreement comes into force.
ARTICLE XXI XIX
Authentic Languages
The English, French and Spanish texts of this Agreement shall be equally authentic.
DRAFT AGREEMENT BETWEEN THE ARAB ORGANIZATION FOR
AGRICULTURAL DEVELOPMENT (AOAD)
AND
THE FOOD AND AGRlCULTURE ORGANIZATION OF THE
UNITED NATIONS (FAO)*
The Arab Organization for Agricultural Development and the Food and Agriculture Organization of the United Nations,
Recalling that the Arab Organization for Agricultural Development (hereinafter referred to as "AOAD") was established with the purpose of: (1) developing natural and human resources in the agricultural sector, and improving the means and methods of exploiting these resources on scientific bases; (2) increasing agricultural productive efficiency and achieving agricultural integration between the Arab States and countries; (3) increasing agricultural production with a view to achieving a higher degree of self-sufficiency; (4) facilitating the exchange of agricultural products between the Arab States and countries; (5) enhancing the establishment of agricultural ventures and industries; and (6) increasing the standards of living of the labour force engaged in the agricultural sector;
Recalling also that the Food and Agriculture Organization of the United Nations (hereinafter referred to as "FAO") was established for the purpose of raising levels of nutrition and standards of living of the peoples, securing improvements in the efficiency of the production and distribution of all food and agricultural products, bettering the conditions of rural populations, and thus humanity's freedom from hunger;
Recalling that AOAD and FAO have been cooperating in matters pertaining to, or connected with, food and agriculture in Africa and the Middle East under the terms of an Agreement in the form of an Exchange of Letters of 17 and 19 January 1974;
Realizing that, in light of the experience gained, it is in the interest of both organizations to reinforce and improve the legal and institutional framework for their cooperation;
Being desirous of coordinating their efforts in Africa and the Middle East with a view to achieving their common aims within the framework of the United Nations Charter, the Charter of AOAD and the Constitution of FAO;
Have agreed as follows:
Article I
Cooperation
1. AOAD and FAO agree to cooperate with each other through their appropriate organs with respect to all matters of common interest that arise in the fields of food and agriculture. Specific areas of cooperation may include:
(a) natural resources inventory using geographic information systems;
(b) regional activities in animal and plant protection, including integrated pest management;
(c) irrigation;
(d) rangeland development and improvement;
(e) women in rural development;
(f) planning and training institutions for policy analysis and management of the agricultural sector;
(g) Special Programme for Food Security and technical cooperation among developing countries that are Member States of both AOAD and FAO;
(h) Such other areas of activity as AOAD and FAO may agree upon.
2. FAO and AOAD shall, as far as possible and in conformity with their constitutional or charter instruments and decisions of their competent bodies, give due consideration to requests for technical assistance made by either FAO or AOAD.
3. FAO and AOAD shall give due consideration to requests to
enlist political, technical and financial support for the goals and objectives of both FAO
and AOAD, in particular in their fora convened in Member States of both organizations.7
Article II
Mutual consultation
1. AOAD and FAO shall consult on all the matters mentioned in Article I that are of common interest to them.
2. AOAD shall inform FAO of any plans for the development of its activities in the fields of food and agriculture. It shall consider any proposals concerning such plans as may be made to it by FAO, with a view to securing effective coordination between the two oganizations and avoiding duplication of activities.
3. FAO shall inform AOAD of any plans for the development of its activities in the fields of food and agriculture. It shall consider any proposals concerning such plans as may be made to it by AOAD with a view to securing effective coordination between the two organizations and avoiding duplication of activities.
4. When circumstances so require, AOAD and FAO shall engage in consultations with a view to selecting the best means for ensuring that their activities in matters of common interest are fully effective.
Article III
Reciprocal representation
1. AOAD shall invite FAO to be represented at sessions of its Specialized Commissions and at technical conferences or meetings, at which questions of interest to FAO are to be discussed. The observer representing FAO may participate without vote in the deliberations of such sessions, conferences or meetings with respect to matters in which FAO is interested.
2. FAO shall invite AOAD to be represented at all sessions of the FAO Conference and the FAO Council and at other relevant conferences and meetings held under the auspices of FAO in which Member States of AOAD participate. The observer representing AOAD may participate without vote in the deliberations of such sessions, conferences or meetings with respect to matters in which AOAD is interested.
Article IV
Meetings
1. AOAD and FAO may, in appropriate cases, agree to convene under their auspices, according to arrangements to be made in each particular case, joint meetings concerning matters of interest to both organizations. The manner in which measures proposed by such joint meetings may be put into effect will be determined by the two organizations.
2. In appropriate cases, meetings convened by one organization may call for the cooperation and participation of the other organization. The scope of such cooperation and participation will be subject to arrangements in each case, taking into account any relevant resolution approved by the organization responsible for the convening of the meeting.
Article V
Joint action
1. AOAD and FAO may, through special arrangements, decide upon joint action with a view to attaining objectives of common interest. These arrangements shall define in detail all modalities for such joint action and specify the financial commitments, if any, that each of the parties is to assume.
2. AOAD and FAO may, when they consider it desirable, set up joint commissions, committees or other bodies, on conditions to be mutually agreed in each case, to advise them on matters of common interest.
3. The Executive Heads of AOAD and FAO may, at their request, be invited to address each other's Governing Bodies on issues related to food and agricultural development in Africa and the Middle East.
Article VI
Assistance in technical, research and in other related fields
1. Joint requests for aid from two or more Member States to either organization may, if the Governments concerned so request, be the subject of consultations between the two organizations.
2. Joint studies may be undertaken by AOAD and FAO and joint programmes established between them.
Article VII
Statistical and legislative information
AOAD and FAO will concert their efforts to obtain the best use of statistical and legislative information and to ensure the most effective utilization of their resources in the assembling, analysis, publication and diffusion of such information, in particular in the Arabic language, with a view to reducing the burden on the Governments and other organizations from which such information is collected.
Article VIII
Exchange of information and documents
1. Subject to such arrangements as may be necessary for the safeguarding of classified material, AOAD and FAO shall arrange for the fullest exchange of information and documents concerning matters of common interest.
2. AOAD shall be kept informed by FAO of developments in the latter's work which are of interest to AOAD.
3. FAO shall be kept informed by AOAD of developments in the latter's work which are of interest to FAO.
Article IX
Administrative arrangements
The Director-General of AOAD and the Director-General of FAO shall make appropriate administrative arrangements to ensure effective cooperation and liaison between the Secretariats of the two organizations.
Article X
Implementation of the agreement
1. The Director-General of AOAD and the Director-General of FAO shall consult with each other on questions arising out of the present Agreement.
2. The Director-General of AOAD and the Director-General of FAO may make such supplementary administrative arrangements for the implementation of this Agreement as may appear desirable in the light of experience.
Article XI
Entry into force, amendment and termination
1. As soon as it has been approved by the appropriate Governing Bodies of AOAD and FAO, the present Agreement shall be signed by the appointed representatives of the two organizations and shall enter into force on the date of such signature.
2. The terms of this Agreement may be amended by mutual agreement.
3. Either of the parties may terminate this Agreement by giving six months' written notice to the other party.
Done in duplicate, in the English and the French languages, both texts being equally authentic.
| For the Arab Organization for Agricultural Development
|
For the Food and Agriculture Organization of the United Nations
|
| Name: Dr. Salem Al-Lozi | Name: Dr. Jacques Diouf |
| Title: Director-General
|
Title: Director-General
|
| Date: | Date: |
__________________________
* Words struck out are deleted; words underlined are added.1 Twenty-seventh Session of the FAO Conference, Rome, 6-24 November 1993, C 93/REP, paras 105-108.
2 Report of the Sixth Extraordinary Session of the Commission on Genetic Resources for Food and Agriculture (Rome, 25-30 June 2001), para 6.
3 Report of the Sixth Extraordinary Session of the Commission on Genetic Resources for Food and Agriculture (Rome, 25-30 June 2001), Appendix C, and footnote in Appendix E.
4 Report of the Sixth Extraordinary Session of the Commission on Genetic Resources for Food and Agriculture (Rome, 25-30 June 2001), para 8.
5 Part R of the Basic Texts of the Organization, Appendix, A.5.
6 Part R of the Basic Texts of the Organization, Appendix, A.1.
7 The CCLM noted that the provisions of Article I.3 were not used in other FAO agreements, and therefore recommended its deletion, after consultation with AOAD (see paragraph 10 of this CCLM Report).
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