Contents -


VII. Constitutional and administrative matters


A. Constitutional and legal matters
B. Administrative and financial matters


A. Constitutional and legal matters


Statutory Report on Status of Conventions and Agreements, and Amendments thereto
Amendment to Rule XXXIV GRO regarding Terms of Reference of the Committee on Constitutional and Legal Matters (CCLM)
Amendment to Paragraph 10 of Appendix to Conference Resolution 46/57 (Part R of the Basic Texts)
Abolition of the Panel of Experts on Emergency Action Against the Desert Locust and Other Crop Pests and Abolition of the Advisory Panel on Epizootiology
Draft International Agreement on the Flagging of Vessels Fishing on the High Seas
Cooperation Agreement between the Organization for the Network of Aquaculture Centres in Asia and the Pacific (NACA) and the Food and Agriculture Organization of the United Nations (FAO)
Agreement for the Establishment of the Indian Ocean Tuna Commissions


Statutory Report on Status of Conventions and Agreements, and Amendments thereto

a) Multilateral Treaties Deposited with the Director-General

240. Pursuant to Rule XXI of the General Rules of the Organization, and in accordance with established practice, the Director-General submitted to the Conference the biennial Statutory Report reflecting the status of multilateral treaties concluded within the framework of FAO and deposited with him; the status of other multilateral treaties concluded outside the framework of FAO in respect of which the Director-General acts as depositary; and the status of the Convention on the Privileges and Immunities of the Specialized Agencies as applied to FAO. The Conference noted that the Statutory Report followed the same pattern as earlier reports.

241. The Conference, which had fully supported the re-establishment of a regional plant protection body for the Near East at its Twenty-fifth Session in November 1989, noted with satisfaction that the Agreement for the Establishment of the Near East Plant Protection Organization had been adopted by a Conference of Plenipotentiaries in February 1993 and encouraged all Member Nations concerned to become Parties thereto.

242. With respect to the International Plant Protection Convention (IPPC), mentioned in paragraphs 20 to 26 of the Statutory Report, the Conference underlined its critical role in strengthening international action against the spread of important plant pests, especially within the context of international trade. It sincerely hoped that the Convention would become a truly universal instrument. The Conference therefore appealed again to all States that had not yet adhered to the Convention to deposit an instrument of adherence with the Director-General as soon as possible.

243. The Conference took note of the Director-General's Statutory Report.

Amendment to Rule XXXIV GRO regarding Terms of Reference of the Committee on Constitutional and Legal Matters (CCLM)

244. The Conference recalled that at its Twenty-sixth Session in November 1991, it had requested the Director-General to submit to the CCLM for study and possible consideration by a future session of the Council, a review of the Terms of Reference of the Committee.

245. In carrying out this review, the CCLM had taken into account, in particular, the evolution of its work since it was first established in 1957, as well as the terms of reference of both the Programme Committee and the Finance Committee. The CCLM had concentrated on three principal areas:

  • (a) its statutory responsibilities of a continuing nature;

    (b) the power to make recommendations; and

    (c) the possibility of referring to the CCLM other relevant matters not specifically enumerated in its Terms of Reference.

  • 246. The CCLM proposed a series of amendments to its Terms of Reference as set out in Rule XXIV of the General Rules of the Organization (GRO). The proposals were endorsed by the Council at its Hundred and Second Session in November 1992. The Conference noted that the amendments to the Terms of Reference of the CCLM were not intended to change the nature of the Committee but, rather, to enable it to be of greater service to the Organization. The amendments dealt with three subjects:

  • (a) defining more clearly the competence of the Committee as regards privileges and immunities;

    (b) the introduction of a general provision whereby either the Council or the Director-General could refer to the CCLM matters which might require consideration, although they were not specifically enumerated in its Terms of Reference;

    (c) authorizing the CCLM to make recommendations and to give advisory opinions, where appropriate, on matters referred to it by the Council or the Director-General.

  • 247. The Conference endorsed the proposals to amend the Terms of Reference of the CCLM as set out in Rule XXXIV and adopted the following Resolution:

    Resolution 12/93

    Revision of Rule XXXIV of the general rules of the organization "Committee on constitutional and legal matters"

    The Conference,

    Recalling that Rule XXXI (now Rule XXXIV) of the General Rules of the Organization establishing the Committee on Constitutional and Legal Matters (CCLM) and its Terms of Reference was adopted by the Conference at its Ninth Session in November 1957,

    Noting that the review of the Terms of Reference of the CCLM had been considered by the Council at its Hundredth Session in November 1991, following observations made by the CCLM at its Fifty-seventh Session in October 1991,

    Recalling that, at its Twenty-sixth Session in November 1991, it had noted that there had been a marked increase in the number and importance of items referred to the CCLM,

    Recalling further that at that session it had requested the Director-General to submit the matter of the terms of reference of the CCLM to that Committee for study and possible recommendations,

    Noting that, at its Hundred and Second Session in November 1992, the Council had recommended the adoption of amendments to Rule XXXIV of the General Rules of the Organization based on proposals made by the CCLM:

    Decides to amend Rule XXXIV of the General Rules of the Organization, Committee on Constitutional and Legal Matters, as follows:

  • (a) Revise sub-paragraph (h) of paragraph 3 by adding the words underlined:
  • "the policy regarding privileges and immunities to be sought from host governments for the Organization's Headquarters, regional offices, country representations. conferences and meetings;"
  • (b) Include a new sub-paragraph after present sub-paragraph (h) of paragraph 3:

  • "problems encountered in ensuring the immunity of the Organization, its staff and its assets;"
  • (c) Include a general clause to be inserted between present paragraphs 3 and 4:

  • "4. The Commit tee may also consider the legal and constitutional aspects of any other matters submitted to it by the Council or the Director-General."
  • (d) Add a new separate paragraph also to be inserted between present paragraphs 3 and 4:

  • "5. In considering items referred to it under paragraphs 3 and 4, the Committee may make recommendations and give advisory opinion, as appropriate."
  • (e) Renumber present paragraphs 4, 5 and 6 accordingly as paragraphs 6, 7 and 8.

  • (Adopted 24 November 1993)

    Amendment to Paragraph 10 of Appendix to Conference Resolution 46/57 (Part R of the Basic Texts)

    248. The Conference recalled that, in the course of discussions concerning the Agreement for the Establishment of the Indian Ocean Tuna Commission, it had come to light, in considering the proposed article on reservations in the Agreement, that paragraph 10 of the Appendix to Conference Resolution 46157 (Part R of the Basic Texts) did not appear to be consonant with the current state of public international law. As a result, at its Hundred and Second Session held in Rome in November 1992, the Council had decided to request the CCLM to prepare a draft amendment to paragraph 10 of the Appendix to Conference Resolution 46/57. The draft amendment proposed by the CCLM had been endorsed by the Council at its Hundred and Third Session in June 1993, and transmitted to the present session of the Conference for adoption.

    249. The Conference recalled that the Principles and Procedures which should govern Conventions and Agreements concluded under Articles XIV and XV of the Constitution, as adopted by the Conference in 1957 under Resolution 46/57, were intended to reflect State practice with respect to international agreements as it stood at that time. Consequently, paragraph 10 of the Appendix stipulated that reservations should require unanimous acceptance by all Contracting Parties in order to take effect. However, the legal position had changed when the Vienna Convention on the Law of Treaties was adopted in 1969. Part 11, Section 2 of that Convention provided that a State entering into a multilateral treaty could formulate a reservation unless:

  • (a) the reservation was prohibited by the treaty;

    (b) the treaty provided that only specified reservations, which did not include the reservation in question, could be made; or

    (c) the reservation was incompatible with the object and purpose of the treaty.

  • 250. The Conference noted that State practice had confirmed the general acceptability of the rules on reservations included in the Vienna Convention and the degree of flexibility they provided. It would thus seem appropriate that conventions and agreements concluded under Article XIV of the Constitution follow the general rules of public international law as reflected in the relevant provisions of the Vienna Convention. The reservation clause did not need to be identical from one convention to the other; the final choice should be left to the negotiating States in the light of the desired objectives. The Conference also considered that the option of not having a reservation clause at all should be left open to negotiating States.

    251. Accordingly, the Conference adopted the following Resolution:

    Resolution 13/93

    Revision of he appendix to conference resolution 46/57 - amendments to the 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, (part R of the basic texts)

    The Conference,

    Recalling that Part R of the Basic Texts of the Organization sets out a number of 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,

    Recalling also that these principles and procedures were adopted by the Conference in 1957 under its Resolution 46/57,

    Noting that paragraph 10 of the Appendix to the foregoing Resolution concerning reservations was intended to reflect State practice with respect to international agreements as it stood in 1957 but that the subsequent evolution of public international law calls for a review of the provisions of that paragraph in order that it conform to present State practice,

    Considering that the legal position had undergone significant change when the Vienna Convention on the Law of Treaties was adopted in 1969 and that present State practice has confirmed the general acceptability of the rules on reservations included in the Vienna Convention and the degree of flexibility they provide,

    Recalling also that, in its Hundred and Third Session held in June 1993, the Council agreed that it would be opportune and legally correct to amend the provisions of Conference Resolution 46/57, which deal with reservations:

    Decides to amend paragraph 10 of the principles and procedures adopted under its Resolution 46/57 to read as follows:

    "Reservations

    10. A clause on the admissibility of reservations may be inserted in conventions and agreements. Any such clause shall be in line with public international law as reflected in particular in the provisions of Part II, Section 2 of the Vienna Convention on the Law of Treaties of 1969. Failing such a clause, the admissibility of reservations shall be governed by public international law as reflected in the above provisions of the Vienna Convention. The Director-General of the Organization shall notify all signatory, acceding and accepting governments of all reservations."

    (Adopted 24 November 1993)

    Abolition of the Panel of Experts on Emergency Action Against the Desert Locust and Other Crop Pests and Abolition of the Advisory Panel on Epizootiology

    252. The Conference approved the recommendation made by the Council at its Hundred and Third Session to abolish the Panel of Experts on Emergency Action Against the Desert Locust and Other Crop Pests which had been established under Conference Resolution 17/69 and confirmed by Resolution 33175, and the Advisory Panel on Epizootiology, established under Conference Resolution 35165 and confirmed by Resolutions 17/69 and 33175. The Conference agreed that the mechanism for access to the Working Capital Fund to finance initial control activities in case of emergencies be maintained. The Director-General would henceforth be required to consult only with the Chairperson of the Finance Committee or another member of that Committee designated by the Chairperson, before accessing the Working Capital Fund.

    253. The Conference adopted the following Resolution:

    Resolution 14/93

    Abolition of the panel of experts on emergency action against the desert locust and other crop pests and abolition of the advisory panel on epizootiology

    The Conference,

    Recalling that, at its Thirteenth Session in 1965, by Resolution 35165, it had authorized the Director-General, after consultation with the Chairman of the Finance Committee or another member of that Committee designated by him, and in the light of the recommendations of an Advisory Panel of technical experts, to withdraw up to US$500 000 from the Working Capital Fund to finance initial emergency measures for the control of outbreaks of livestock diseases under emergency circumstances which constitute a potential epizootic threat to livestock of other countries and had requested the Director-General to establish under Article VI.4 of the Constitution an Advisory Panel on Epizootiology,

    Recalling further that, by Resolution 17/69, adopted at its Fifteenth Session in 1969, it had authorized the Director-General to withdraw up to US$750 000 from the Working Capital Fund:

    (a) to finance initial emergency measures for the control of outbreaks of livestock diseases under emergency circumstances which constitute a potential epizootic threat to the livestock of other countries, and

    (b) to finance initial control activities against the desert locust in emergencies, and had requested the Director-General to establish under Article VI.4 of the Constitution an Advisory Panel on desert locust control, which was later called Panel of Experts on Emergency Action Against the Desert Locust and Other Crop Pests, while it maintained the Advisory Panel on Epizootiology,

    Recalling also that, by Resolution 33175 adopted at its Eighteenth Session in 1975, it had increased to US$1 000 000 the authority given to the Director-General to withdraw funds from the Working Capital Fund:

    (a) to finance initial emergency measures for the control of outbreaks of livestock diseases under emergency circumstances which constitute a potential epizootic threat to the livestock of other countries,

    (b) to finance initial control activities against locusts and other migratory or introduced crop pests creating a major potential threat, provided that no more than US$700 000 be withdrawn in any one biennium under either of the above headings and had decided that both Panels established under Conference Resolutions 35165 and 17169 would be maintained and that for the purpose of recommending withdrawals from the Working Capital Fund the role of the Panel on Desert Locust Control would be extended to cover also the control of other migratory or introduced crop pests creating a major potential threat,

    Noting that the Advisory Panel on Epizootiology had met only once and that the Panel of Experts on Emergency Action Against the Desert Locust and Other Crop Pests, not having fulfilled its mandate, had been superseded by more effective mechanisms,

    Having examined the proposals endorsed by the Council that the Advisory Panel on Epizootiology and the Panel of Experts on Emergency Action Against the Desert Locust and Other Crop Pests be abolished,

    Concurring in the proposals likewise endorsed by the Council that the mechanism for access to the Working Capital Fund to finance initial control activities as set out in Resolutions 35/65, 17/69 and 33/75 be maintained:

    1. Decides to abolish the following Panel of Experts which had been established under paragraph 4 of Article VI of the Constitution:

    (i) Advisory Panel on Epizootiology; and
    (ii) Panel of Experts on Emergency Action Against the Desert Locust and Other Crop Pests;

    2. Authorizes the Director-General, after consultation with the Chairman of the Finance

    Commit tee or another member of that Commit tee designated by him, notwithstanding the provisions of Financial Regulation 6.3, to withdraw up to US$1 000 000 from the Working Capital Fund:

    (a) to finance initial emergency measures for the control of outbreaks of livestock diseases under emergency circumstances which constitute a potential epizootic threat to the livestock of other countries;

    (b) to finance initial control activities against locusts and other migratory or introduced crop pests creating a major potential threat; provided that no more than US$700 000 be withdrawn in any one biennium under either of the above headings;

    3. Requests the Director-General to report to the Council or to the Finance Committee, whichever meets first, immediately after funds have been withdrawn from the Working Capital Fund in accordance with this Resolution.

    (Adopted 24 November 1993)

    Draft International Agreement on the Flagging of Vessels Fishing on the High Seas

    254. The Conference recalled that the need for an agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas was first underlined at the Cancun Conference on Responsible Fishing in May 1992 and that the draft Agreement drew its inspiration from the Declaration of Cancun adopted at that Conference. The call for an agreement was reiterated by UNCED in June 1992 and supported by the FAO Technical Consultation on High Seas Fisheries in September 1992. The Conference recalled, further, that the FAO Council had considered the matter at its Hundred and Second Session in November 1992, at which time it was agreed that the Organization should be entrusted with the task of drawing up a formal international agreement and facilitating the negotiation of the agreement on the "fast track" with a view to its formal approval at the Twenty-seventh Session of the Conference in November 1993.

    255. The Conference noted that, subsequently, the matter had been considered progressively in the following stages:

    (a) an informal Group of Experts was convened in February 1993 to draw up the first draft of an agreement;

    (b) the draft Agreement was considered by the Committee on Fisheries (COFI) at its Twentieth Session in March 1993, through an open-ended Working Group established for that purpose;

    (c) the draft Agreement was then considered by the Hundred and Third Session of the FAO Council in June 1993, again through an open Technical Committee which met simultaneously with the Council Session. The Council agreed on the main lines of the draft but some provisions remained in brackets. The Council requested the Secretariat to continue informal consultations with FAO Members with a view to resolving the outstanding issues;

    (d) a series of informal consultations was held with interested FAO Members on the occasion of the UN Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks in July 1993, and consensus was reached on the text of the draft Agreement;

    (e) in the interim, the draft had been circulated to FAO Members for comment in accordance with Rule XXI of the General Rules of the Organization. The results of the Informal Consultations in New York and the comments on the draft Agreement received from FAO Members, were considered by the Committee on Constitutional and Legal Matters at its Sixty-first Session in October 1993 and endorsed with a few minor drafting amendments;

    (f) thereafter, the draft Agreement was considered again by the Council at its Hundred and Fourth Session in November 1993, taking into account the Report of the CCLM and the results of an open Technical Committees established by the Council to finalize the text in light of the further comments which had been received from FAO Members.

    256. The Conference took special note of three aspects of the draft Agreement:

    (a) the recommendation of the Cancun Conference was to provide a framework for States to take effective action to deter reflagging of vessels by their nationals as a means of avoiding compliance with applicable conservation and management rules for fishing activities on the high seas. In the course of negotiations, the focus of the draft had shifted from the act of "flagging", which was essentially a matter for the transport and merchant shipping authorities of each state, towards the act of authorization to fish, which was a matter wholly within the competence of fisheries authorities. The draft Agreement was founded on a clear statement of the responsibility of flag states for the activities of fishing vessels flying their flags, including the requirement for the authorization by national authorities of all fishing taking place on the high seas, the requirement to prevent fishing vessels flying their flags from undermining international conservation and management measures, and the transparency provided through the establishment of an international system of information exchange on the existence, authorization and activities of fishing vessels operating on the high seas.

    (b) the draft Agreement formed an integral part of the International Code of Conduct for Responsible Fishing recommended in the Declaration of Cancun and thus represented the first accomplishment of that Code, of which the remaining sections were now under active formulation;

    (c) the draft Agreement entailed a number of responsibilities for FAO, in particular, to maintain a record of fishing vessels authorized by the Parties to the Agreement to fish on the high seas, to keep Parties informed of additions to and deletions from the record and to provide this information either promptly or periodically, as the case may be.

    257. The Conference expressed its great appreciation to the Director-General and his staff for the extraordinary effort which had been deployed to achieve consensus on the draft Agreement in such a short period of time and commended FAO for the dynamic role it had played. It especially commended the role of Mr. Carlos Camaro Gaos (Mexico), who acted as Chairman of the Working Group established at the time of the COFI session (March 1993) and Mr. Samuel Fernández Illanes, Alternate Permanent Representative of Chile to FAO, Chairman of the Committee on Constitutional and Legal Matters (CCLM) and of the technical committees established during the Hundred and Third and Hundred and Fourth Sessions of the Council (June and November 1993, respectively), and indeed all members of those committees, through whose efforts this issue was so aptly dealt with.

    258. The Conference noted that some delegates would have preferred that the Agreement be more rigorous on some issues but recognized that the Agreement represented the best that could be achieved at this stage and was, in any case, a great step forward. The opportunity for tightening up its provisions would always be open in the future through amendments adopted by the Conference on the basis of experience in the implementation of the Agreement.

    259. The Conference unanimously approved the Agreement and requested that it be circulated by the Director-General as soon as possible to all FAO Members and eligible non-Member States for their acceptance in accordance with their internal constitutional procedures. It also urged all such Members and States to accept the Agreement quickly so as to bring it into force as soon as possible. The Conference noted that it would enter into force on the deposit of the twenty-fifth instrument of acceptance.

    260. The Conference recognized that the entry into force of the Agreement would entail additional expenses for FAO in carrying out its role thereunder, and that the necessary funds would have to be found in due course.

    261. The Conference noted with great satisfaction that arrangements were already being made in order to complete the other aspects of the international code of conduct for responsible fishing. It noted that it was envisaged to convene an informal working group of some 20 experts nominated by FAO Members who would participate in their personal capacities in February 1994 to review a first draft of the proposed General Principles of the Code. The Conference reiterated that the work should be carried out in full coordination with the United Nations (UN) Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, and that the Chairman of the UN Conference should be invited to take part in the meeting of experts. Whilst some delegates considered that the meeting of the group of experts should be convened after the March Session of the UN Conference, they were prepared to accept the majority view on this matter. In any case, the Conference underlined that the work of the Organization on the Code must be complementary to and should be supportive of the work of the UN Conference. The results of the meeting of the group of experts could be made available informally to delegations at the UN Conference. This provided an opportunity for possible informal consultations on the basis of the draft.

    262. The Conference noted that the Secretariat would submit a revised text of the draft General Principles to FAO Members in early Spring 1994 for review and written comments by the end of August 1994. The same draft would also be made available at the Third Substantive Session of the UN Conference scheduled for August 1994.

    263. It was noted that the draft Chapter on General Principles would be transmitted to the Session of the Council in November 1994 where, if necessary, an open Technical Committee could again be established as required. It was envisaged that this and some other parts of the Code would be available in an advanced form of preparation for consideration by the Commit tee on Fisheries at its Twenty-first Session in Spring 1995.

    264. The follow-up work should be completed with a view to submitting a final text of the Code to the Twenty-eighth Session of the Conference in November 1995.

    265. The Conference adopted the following resolution approving the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas:

    Resolution 15/93

    Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas

    The Conference,

    Considering that the Council, at its Hundred and Second Session held in November 1992 had agreed that the issue of fishing vessels reflagging into flags of convenience for the purpose of avoiding compliance with internationally agreed conservation and management measures should be addressed through an international agreement,

    Acknowledging that the technical committees set up by the Council at its Hundred and Third and Hundred and Fourth Sessions have contributed in a significant manner to the finalization of a draft Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas,

    Having considered the observations contained in the Report of the Sixty-first Session of the Committee on Constitutional and Legal Matters held in October 1993,

    Having examined the text of the draft Agreement submitted by the Hundred and Fourth Session of the Council held in November 1993:

    1. Approves, in accordance with Article XIV-1 of the Constitution of FAO, the text of the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, reproduced as Appendix H to this report, for submission to FAO Members;

    2. Acclaims the Agreement as a momentous achievement and a milestone in the international management of high seas fisheries;

    3. Reaffirms that the Agreement will form an integral part of the International Code of Conduct for Responsible Fishing;

    4. Urges Members to accept the Agreement as soon as possible so as to bring it into force at the earliest possible time; and

    5. Commends the Director-General for the speedy action he has taken to bring the Agreement to fruition and calls on him to take all necessary preparatory measures to ensure that the
    Agreement is given full and active implementation.

    (Adopted 24 November 1993)

    Cooperation Agreement between the Organization for the Network of Aquaculture Centres in Asia and the Pacific (NACA) and the Food and Agriculture Organization of the United Nations (FAO)

    266. The Conference recalled that NACA had been established originally as a project funded by the United Nations Development Programme (UNDP) for which FAO was the Executing Agency. The project had proved to be very successful and the Agreement on the Network of Aquaculture Centres in Asia and the Pacific was adopted by a Conference of Plenipotentiaries (Bangkok, Thailand, 5-8 January 1988) at the FAO Regional Office for Asia and the Pacific (RAPA).

    267. The Conference noted that the NACA Agreement had come into force on 11 January 1990 and that at present 12 governments were Members of NACA: Bangladesh, Cambodia, China, the Democratic People's Republic of Korea, Hong Kong, India, Malaysia, Myanmar, Nepal, Pakistan, Sri Lanka and Viet Nam.

    268. The Conference noted that the proposed Agreement was very concise and that the objective was to establish and maintain a close working relationship between NACA and FAO. Provision was made for participation of FAO in the NACA Governing Council as an observer. Moreover, it was provided that FAO should participate in meetings of the NACA Technical Advisory Commit tee as a full member, thus giving to FAO an important role in the activities of NACA. Finally, it was foreseen that the FAO Regional Office for Asia and the Pacific would serve as a focal point for liaison between NACA and FAO as had been the case for a number of years.

    269. The Conference noted that the CCLM had ascertained that the basic requirements of the Guiding Lines for formal relationship agreements between FAO and other intergovernmental organizations, which were set out in the Appendix to Conference Resolution 60/59, had been fully met and that the text was in conformity with the FAO Constitution.

    270. The Conference noted that the Council at its Hundred and Third Session had endorsed the proposed Agreement. The Conference confirmed the Cooperation Agreement as set out in Appendix I hereto.

    Agreement for the Establishment of the Indian Ocean Tuna Commissions

    271. The Conference recalled that the need for the establishment of an Indian Ocean Tuna Commission had been recognized at a Technical Conference held in Rome in 1989, and that this need was reiterated at the Technical Conference which had been held in June 1992. At that Technical Conference, broad agreement had been reached on the text of an Agreement under Article XIV of the FAO Constitution.

    272. The Conference noted that a number of difficulties had arisen over some provisions of the Agreement. These difficulties concerned, in particular, the eligibility criteria for membership in the proposed Commission as set out in Article IV of the draft Agreement. The Conference noted that a series of intense negotiations had taken place over the preceding eighteen months in order to reach consensus on the wording of appropriate provisions on these matters.

    273. The Conference noted that the draft Agreement had been submitted to the Hundred and Fourth Session of the Council for its formal approval. However, the Council had been informed that bilateral discussions between two potential parties to the Agreement, United Kingdom and Mauritius, which had formed a part of the original compromise formula regarding Article IV of the draft Agreement, had not yet reached fruition and that Mauritius was, for that reason, not, at that time, in a position to give its formal approval to the draft Agreement. In order to allow sufficient time to settle the few remaining problems, the Council had recommended that the Agreement for the Establishment of the Indian Ocean Tuna Commission be submitted to the Twenty-seventh Session of the Conference for its formal approval in the form presented to it in the Report of the CCLM, as amended by the Council.

    274. The Conference noted that these bilateral discussions had subsequently progressed to the satisfaction of both parties and that Mauritius was now in a position to formally approve the draft Agreement.

    275. The Conference also noted that a number of countries had expressed concern in the Council over what they perceived to be a Double voice" for the EEC and its Member States inherent in the wording of Article IV of the draft Agreement and that some countries had been reluctant to express formal approval on this issue at that time. The Conference also took note of the opinion of the EEC and its Member States that no such "double voice" existed and that the question was settled by the general declaration of competence which the EEC submitted when it acceded to FAO. The Conference noted, further, that the Council had considered that this was an issue that should be explored in its wider perspective in similar situations in the Organization as a whole and had decided, therefore, to refer this matter to the CCLM in order that it carry out a legal analysis of the issues involved and report to the Council at its Session in November 1994. The approach adopted in the draft Agreement was not to be viewed as pre-empting the outcome of that analysis and that report.

    276. The Conference further noted that the Council had failed to reach agreement on the wording of Article XVI of the draft Agreement at its Hundred and Fourth Session in November 1993, but that subsequent consultations with the parties most directly concerned had resulted in agreement on a compromise wording.

    277. The Conference therefore agreed that Article XVI of the draft Agreement should be amended to read as follows:

    Article XVI

    COASTAL STATES' RIGHTS

    This Agreement shall not prejudice the exercise of sovereign rights of a coastal state in accordance with the international law of the sea for the purposes of exploring and exploiting, conserving and managing the living resources, including the highly migratory species, within a zone of up to 200 nautical miles under its jurisdiction.

    278. The Conference further noted that the final obstacle to approving the Agreement had been removed with the amendment by the Conference earlier in its session of paragraph 10 of the Appendix to Conference Resolution 46/57 allowing for more flexibility in the type of reservations clause that can be included in agreements under Article XIV of the Constitution.

    279. The Conference noted that the Governments of India and Sri Lanka had offered to serve as the Host State of the new organization.

    280. The Conference expressed its deep satisfaction that, thanks to the extensive efforts which had been deployed by the FAO Secretariat, consensus had now been reached on all aspects of the Agreement and, accordingly, referred the following Resolution approving the Agreement for the Establishment of the Indian Ocean Tuna Commission (IOTC) to the Hundred and Fifth Session of the Council for its adoption:

    DRAFT RESOLUTION FOR THE COUNCIL

    AGREEMENT FOR THE ESTABLISHMENT OF THE INDIAN OCEAN TUNA COMMISSION

    The Council,

    Noting the urgent need for the establishment of appropriate machinery for the management of stocks of tuna and tuna-like species in the Indian Ocean,

    Recalling that a draft Agreement for the Establishment of the Indian Ocean Tuna Commission was submitted to a technical conference which met in Rome in June 1992,

    Taking note that the draft Agreement was further considered by the Committee on Constitutional and Legal Matters at its Fifty-ninth, Sixtieth and Sixty-first Sessions, held respectively in September 1992, April 1993 and October 1993,

    Considering the Reports of the Hundred and Second and Hundred and Third Sessions of the Council, held respectively in November 1992 and June 1993,

    Noting that, at its Hundred and Fourth Session held in November 1993, the Council recommended the approval by the Conference of the draft Agreement for the Establishment of the Indian Ocean Tuna Commission, and that the Conference, having ascertained with satisfaction that all the prerequisites for the approval of the draft Agreement were now met, had referred the draft Agreement back to Council for its formal approval,

    Having examined the text of the draft Agreement for the Establishment of the Indian Ocean Tuna Commission as submitted to the Council by the Conference and having reached full accord on a final text:

    1. Approves, in accordance with Article XIV-2 of the Constitution of FAO, the text of the Agreement for the Establishment of the Indian Ocean Tuna Commission reproduced as Appendix I to this Report for submission to Members with a view to their acceptance.

    B. Administrative and financial matters


    Audited accounts 1990-91
    Scale of Contributions 1994-95
    Financial Position of the Organization
    Trust funds/support costs reimbursement
    Personnel matters
    Commissary accounts
    Assessed Contribution of Czechoslovakia
    Payment by the European Economic Community to cover Administrative and other Expenses Arising out of its Membership in the Organization


    Audited accounts 1990-91


    a) Regular Programme 1990-91
    b) United Nations Development Programme 1990-9155
    c) World Food Programme 1990-91
    d) Follow up to External Auditors' Recommendations


    a) Regular Programme 1990-91

    b) United Nations Development Programme 1990-9155

    c) World Food Programme 1990-91

    281. The Conference reviewed the reports on the above accounts and the views expressed in the Report of the Hundred and Second and Hundred and Third Sessions of the Council. It noted that in the Report for each of the three Programmes the External Auditor had expressed the opinion that the financial statements presented fairly the financial position at 31 December 1991 and the results of the operations for the biennium 1990-91, that they were prepared in accordance with the stated accounting policies, and that the transactions were in accordance with the Financial Regulations and legislative authority.

    282. The Conference endorsed the views of the Council and then adopted the following Resolution:

    Resolution 16/93

    Audited accounts 1990-91

    The Conference,

    Having considered the reports of the Hundred and Second and Hundred and Third Sessions of the Council,

    Having examined the following Audited Accounts and the External Auditor's Reports thereon:

    Regular Programme 1990-91 C 93/5
    United Nations Development Programme 1990-91 C 93/6
    World Food Programme 1990-91 C 93/7


    Adopts the above Audited Accounts.

    (Adopted 24 November 1993)

    d) Follow up to External Auditors' Recommendations

    283. The Conference welcomed the report on the actions taken by the Organization to implement the recommendations made by the External Auditor, which it had requested at its Twenty-sixth Session. It noted with interest the progress that had been achieved.

    284. The Conference wished to express its appreciation for the work carried out by the External Auditor.


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