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VII. Constitutional and legal matters
A. Amendments to the FAO constitution and general rules of the organization, and
procedures for the establishment and abolition of statutory bodies
B.
Statutory report on status of conventions and agreements and on amendments thereto
C.
Other constitutional and legal questions
Amendments to the constitution and to the French version of the general rules of the organization
Amendment of rules XXVI.9 and XXVII.9 of the general rules of the organization, (GRO)
Procedure for like establishment and abolition of statutory bodies
Amendments to rule XXXII of the general rules of the organization
Amendments to the constitution and to the French version of the general rules of the organization
433. The Conference had before it certain amendments to the Constitution and the General Rules of the Organization which had been recommended by the Council at its Seventy-fifth Session in June 1979. The Conference noted that these amendments were designed to improve the French version of the texts concerned, and also to correct the terminology used in Article IV.2 of the Constitution, in all the authoritative versions, since the reference to "Rules of Procedure" was outdated and should be amended to read "General Rules of the Organization".
434. The Conference approved the amendments to the Constitution and General Rules of the Organization as recommended by the Council and, accordingly, adopted the following resolution:
AMENDMENTS TO THE CONSTITUTION AND TO THE FRENCH VERSION OF THE GENERAL RULES OF THE ORGANIZATION
THE CONFERENCE,
Recalling Article XX of the Constitution authorizing the Conference to amend this Constitution,
Having noted the recommendations adopted by the Council at its Seventy-fifth Session regarding amendments to the Constitution and to the French version of the General Rules of the organization,
Noting that the proposed amendments recommended by the Council are intended to improve the French version of the texts concerned and to correct a mistake in terminology in Article IV.2 appearing also in the other versions of the Constitution,
Adopts the amendments to the Constitution and to the General Rules of the Organization as they are set out in Appendix F to this report.
(Adopted 27 November 1979),
Amendment of rules XXVI.9 and XXVII.9 of the general rules of the organization, (GRO)
435. The Conference considered the recommendation formulated by the Council at its Seventy-fifth Session to modify Rules XXVI.9 and XXVII.9 GRO regarding the reimbursement of travel expenses incurred by representatives of members of the Programme and Finance Committees. Under these provisions, the text of which is identical, representatives of members of the Programme and Finance Committees are reimbursed for travel expenses on the same basis as representatives of members of the Council. It had been noted that this might result in part of the actual travel cost not being reimbursed. The Council accordingly recommended an amendment so as to permit full reimbursement of travel costs properly incurred irrespective of the place of the duty station.
436. The Conference agreed that Rules XXVI.9 and XXVII.9 GRO should be amended to the effect that representatives of members of both Committees would be reimbursed for travel expenses from their duty stations to Rome and return to their duty stations.
437. in agreeing to the amendments to Rules XXVI.9 and XXVII.9 GRO, the Conference suggested that, without prejudice to the freedom of Member Nations to nominate their representatives on the Programme and Finance Committees, it might be desirable, in the interest of economising on the cost of travel, to give consideration to nominating Permanent Representatives.
438. Accordingly, the Conference adopted the following resolution, which had been recommended to it by the Council:
AMMENDMENTS TO RULES XXVI.9 AND XXVII.9 OF THE GENERAL RULES OF THE ORGANTZATION (GRO)
THE CONFERENCE,
Considering that, by virtue of Rules XXVI.9 and XXVII.9 of the General Rules; of the Organization (GRO), the representatives of members of the Programme Committee and the Finance Committee have been reimbursed for travel expenses on the basis of the same criteria as those applied for the reimbursement of such expenses to representatives of Member Nations attending Council sessions,
Noting that the Council at its Seventy-fourth Session (November-December 1978) after preliminary consideration of the desirability of modifying the aforementioned provisions, had requested the CCLM to draft appropriate amendments to the identical text of Rules XXXII.9 and XXVII.9 GRO,
Considering further that the Council at its Seventy-fifth Session (June 1979), after examining this question, endorsed the recommendations of the Programme and Finance Committees that Rules XXVI.9 and XXVII.9 be amended to make provision for the reimbursement of travel expenses properly incurred by a representative for travelling by the most direct route from the duty station to the site of the Committee session and for returning to the duty station,
Noting further that the Council at its Seventy-fifth Session endorsed the draft amendments prepared by the CCLM,
Having examined the draft amendments prepared by the CCLM and endorsed by the Council,
Decides to amend the text of Rules XXVI.9 and XXVII.9 GRO as follows:
"Representatives of members of the Committee shall be reimbursed for the cost of their travel expenses, [on the basis of the criteria Laid down in Rule XXV, paragraph 6 of these Rules] properly incurred in travelling, by the most direct route, from their duty station to the site of the Committee session and return to their duty station. They shall also be paid a subsistence allowance while attenditig, sessions of the Committee, in accordance with the travel regulations of the Organization".
(Adopted 27 November 1979)
Procedure for like establishment and abolition of statutory bodies
439. The Conference noted that the Seventy-fourth Session of the Council had
endorsed
the recommendation of the Thirty-fifth Session of the Programme
Committee and had agreed to:
(a) Request the Regional Conferences to review carefully the functioning of the regional bodies in the respective regions with a view to determining if they were functioning effectively in the service of the member countries, and consequently to recommend necessary measures; and
(b) Propose the Conference that it adopt a resolution, to be added to the Basic Texts (Volume II) to provide guidelines for the establishment of bodies under Articles VI, XIV and XV of the Constitution the action paragraph of which might be along, the following, lines:
"Receforth, any proposal to establish a new body under Articles VI, XIV and XV of the Constitution shall be accompanied by a document prepared by the Director-General setting forth in detail:
(i) the objectives that are to be achieved through the establishment of rile body;
(ii) the manner in which the body will carry out its functions and any impact that its creation may have on the current or future programmers;
(iii) the financial implications of the establishment of the body for the current biennium as well as a forecast of the financial implication., for the future biennia.
The Conference or is appropriate, the Council shall consider the document referred to above before improving or authorizing the establishment of any new body tinder Articles VI, XIV or XV of the Constitution."
440. The Conference also noted that at the same session, the Council had further requested that the or Constitutional and Legal Matters (CCLM) examine both the wording of the proposed action paragraph, and the most appropriate manner of incorporating into the Texts and had also requested the CCLM to consider the question whether provision could be made in the Basic Texts for the abolition of those bodies which were either inactive or had cultived their usefulness.
441. The Conference further noted that, at its Seventy-fifth Session, the Council, having carefully considered the detailed report of the CCLM, concurred with the conclusions of CCLM that it would be appropriate to deal with changes in the application of existing provisions of the Basic Texts by Conference resolution; that in view of the different procedures to be followed for the establishment of Article VI, XIV and XV bodies and for the abolition of Article VI, XIV and XV bodies which were Inactive or had outlived their usefulness that the additional procedures concerning establishment or abolition or such bodies should be dealt with in separate provisions of the resolution; and that the proposed resolutions if adopted by the Conference, should be inserted in future editions of the Basic Texts.
442. The Conference examined and approved the procedures for the establishment of new bodies under Articles VI, XIV or XV and for the abolition of bodies established under Articles VI, XIV or XV as set out in the draft resolution proposed by the CCLM and recommended by the Seventy-fifth Session of the Council.
443. The Conference accordingly adopted the following resolution:
PROCEDURES FOR THE ESTABLISHMENT AND ABOLITION OF STATUTORY BODIES
THE CONFERENCE,
Noting that at its Seventy-fourth Session the Council recommended that the Conference adopt a resolution to the effect that any proposal to establish a new body under Articles VI, XIV or XV of the Constitution should be accompanied by a document prepared by the Director-General, setting forth certain details for consideration by the Conference or Council as appropriate, before authorizing the establishment of any new body under those Articles of the Constitution,
Noting further that the Council requested the Committee on Constitutional and Legal Matters (CCLM) to examine the wording of a proposed operative paragraph of such resolution, and also to consider the question whether provisions could be made in the Organization's Basic Texts for the abolition of bodies established under Articles VI, XIV, or XV, which were either inactive or had outlived their usefulness,
Considering that the Council had examined these matters at its Seventy-fifth Session in the light of the CCLM's report thereon,
Concurring with the recommendations of the Seventy-fifth Session of the Council,
1. Decides that the following procedures shall be followed in connexion with the establishment of new bodies under Articles VI, XIV, or XV:
(i) Any proposal to establish a new body under Articles VI, XIV or XV of the Constitution shall be accompanied by a document prepared by the Director-General setting forth in detail:
(a) the objectives that are to be achieved through the establishment of the body,
(b) the manner in which the body will carry out its functions and any impact that its creation may have on the current or future programmes,
(c) the financial implications of the establishment of the body for the current biennium, as well as a forecast of the financial implications for the future biennia;
(ii)
(a) Before approving or authorizing the establishment of any new body under Article VI of the Constitution, the Conference or as appropriate the Council shall consider the document referred to in paragraph (i) above,
(b) Where the Director-General establishes a body, under the authority provided for in paragraph 6 of Article VI of the Constitution, he shall submit to the Council the document described in paragraph (i) above, together with his report on the action taken in accordance with paragraph 6 of Article VI;
(iii)
(a) Before a technical meeting or conference comprising Member Nations participates in the drawing up of a draft convention or agreement for submission to the Council or Conference as foreseen in paragraph 3(a) of Article XIV of the Constitution, such technical meeting or conference shall consider the document referred to in paragraph (i) above,
(b) Where, after consideration of such document, the technical meeting or conference suggests to the Conference or Council that the convention or agreement be approved and submitted to Member Nations concerned for acceptance, the Conference or Council shall consider the document referred to in paragraph (i) above, appropriately revised as necessary, before approving the convention or agreement;
(iv)
(a) Before the Conference takes any policy decision as to whether the Director-General should be authorized to negotiate an agreement as foreseen under paragraph 2 of Article XV, the Conference shall consider the document referred to in paragraph (i) above,
(b) Where, after consideration of such document, the Conference authorizes the Director-General to negotiate an agreement, the Conference or Council before approving such agreement in accordance with paragraph 3 of Article XV shall consider the document referred to in paragraph (i), appropriately revised as necessary.
2. Requests the Regional Conference to review carefully the functioning of the regional bodies in their respective regions with a view to determining whether they are functioning effectively in the service of Member Nations, and to recommend any necessary measures in that connexion.
3. Requests the Director-General to keep the activities of bodies established
under
Articles VI, XIV or XV under review in the light of their reports, and, if he is of the
opinion that such a body is either inactive or has outlived its usefulness, to recommend
that the Council or Conference:
(i) exercise its authority to abolish bodies established under Article VI or subsidiary bodies thereof,
(ii) invites States, parties to conventions or agreements concluded under Article XIV or XV, to consider terminating such convention or agreement by withdrawal in accordance with the relevant provisions thereof,
(iii) exercise its authority to effect the withdrawal of the Organization from bodies established under Article XV.
4. Requests the Director-General to include the present resolution in Section R
of
Volume II of the Basic Texts of the Organization.
(Adopted 27 November 1979)
Amendments to rule XXXII of the general rules of the organization
444. The Conference recalled that at its Nineteenth Session (1977) it had adopted Resolution 8/77 in which it had recommended that the Director-General:
"a. review present FAO programmes to assess their impact on the nutritional status of the rural and urban poor;
b. suggest methods, not excluding the possibility of organizational arrangements, for ensuring that nutritional considerations are, as appropriate, adequately included in FAO's planning and execution of agricultural programmes and projects".
445. The Conference noted that the matter had been considered by the Second Session of the Ad Hoc Committee on Food and Nutrition Policies (March 1978) and the Thirty-fifth Session of the Programme Committee (October 1978) And that, as requested in Resolution 8/77, the Director-General had reported on this matter to the Seventy-fourth Session of the Council (November-December 1978).
446. The Conference further noted that at its Fifth Session (April 1979) the Committee on Agriculture (COAG) had recommended specific amendments to paragraph 6 of Rule XXXII of the General Rules of the Organization (GRO), which had been endorsed by the Programme Committee at its Thirty-sixth Session (April-May 1979). At its Seventy-fifth Session (June 1979) the Council, agreeing that food and nutrition should be a standing item on the agenda of COAG, had concluded that Rule XXXII GRO should be amended so as to make explicit reference to nutrition among the areas covered by the Committee and had referred the amendments to paragraph 6 of Rule XXXII GRO proposed by COAG to the Committee on Constitutional and Legal Matters (CCLM), which in turn, had reported thereon to the Council at its Seventy-sixth Session.
447. The Conference, concurring with the amendments of paragraph 6 of Rule XXXII GRO recommended by the Council, adopted the following resolution:
AMENDMENTS TO RULE XXXII OF THE GENERAL RULES OF THE ORGANIZATION TO MAKE EXPLICIT REFERENCE TO NUTRITION IN THE TERMS OF REFERENCE OF THE COMMITTEE ON AGRICULTURE
THE CONFERENCE,
Recalling that at its Nineteenth Session in November 1977 it adopted Resolution 8/77 recommending that the Director-General:
"a. review present FAO programmes to assess their impact on the nutritional status of the rural and urban poor;
b. suggested methods, not excluding the possibility of organizational arrangements, for ensuring that nutritional considerations are, as appropriate, adequately. included in FAO's planning and execution of agricultural programmes and projects",
Noting that the Council examined the above at its Seventy-fourth Session (November-December 1978) and Seventy-fifth Session (June 1979), and that at its Seventy-fifth Session it had, inter-alia, recommended that paragraph 6 of the Rule XXXII of the General Rules of the Organization be amended so as to make explicit reference to nutrition among the areas to be covered by the Committee on Agriculture,
Concurring with the amendments to Rule XXXII of the General Rules of the Organization proposed by the Council at its Seventy-sixth Session (November 1979),
Decides to amend paragraph 6 of Rule XXXII of the General Rules of the Organization as follows:
"6. The Committee shall:
(a) conduct periodic reviews and appraisals, on a highly selective basis, of agricultural and nutrition problems, with a view to concerted action by Member Nations and the organization;
(b) advise the Council on the overall medium- and longer-term programme of work of the organization relating to [in the field of food and] agriculture, food and nutrition, with emphasis on the integration of all social, technical, economic, institutional and structural aspects related to agricultural and rural development in general;
(c) (no change);
(d) review specific matters relating to agriculture, food and nutrition referred to the Committee by the Conference, the Council or the Director-General, or placed by the Committee on its agenda at the request of a Member Nation in accordance with the Rules of Procedure of the Committee, and make recommendations as may be appropriate;
(e) (no change)".
(Adopted 27 November 1979)
448. In reply to a question, the Conference was informed that there was close cooperation between FAO and the World Health Organization on nutrition questions which fell within the constitutional competence of the respective organizations.
B. Statutory report on status of conventions and agreements and on amendments thereto
449. In accordance with Rule XXI of the General Rules of the Organization and with established practice, the Director-General submitted to the Conference a Statutory Report reflecting the present status of conventions and agreements and of the Convention on the Privileges and Immunities of the Specialized Agencies in respect of the Organization. The Conference took note of the Statutory Report, which is contained in documents C 79/10 and C 79/10-Sup. 1, as updated orally during the Conference session.
C. Other constitutional and legal questions
Revision of the international plant protection convention
Change of title of the FAO regional office for Asia and the far east, and of the regional conference for Asia and the far east
Revision of the international plant protection convention
450. The Conference considered a draft revised text of the International Plant Protection Convention (IPPC) incorporating the amendments that had been recommended by the Committee on Agriculture (COAG) on the proposal of an Ad Hoc Consultative Group established by it. This text was a modified version of a text that had been prepared by a government consultation in 1976 and had been submitted to the Conference for approval, in accordance with Article XIII of the IPPC, at its Nineteenth Session in November 1977. Due to a lack of consensus on some of the amendments proposed in the latter text, the Conference had at that time decided to postpone consideration and final approval of the proposed text and had requested that COAG recommend, in the light of comments and proposals made by the governments cf contracting parties and other Member Nations, such modifications of the proposed text as would be appropriate to secure its widest possible acceptability.
451. Many members expressed strong support for the revised text submitted to the present Session of the Conference. Some delegations, while indicating that their governments still had some misgivings with regard to certain provisions, stated that they were in general agreement with the revised text as a whole and would not wish to suggest a further postponement of the approval of the text by the Conference. One member expressed strong reservations concerning the use of the definition "quarantine pests", but nevertheless considered it important that the revised Convention should be brought into operation. Whatever difficulties that might arise from a practical point of view could be assessed. In view of the considerable time and effort that had been involved in the formulation and consideration of the present proposals for updating the Convention, all members were of the opinion that the new text should enter into operation as soon as possible.
452. The discussions of the Conference on specific provisions of the recommended revised text centred on Articles V and IX.
453. In relation to Article V, concerning the issue of phytosanitary certificates for export or re-export, the Conference examined whether or not the proposed amendments would involve new obligations for contracting parties. The question was relevant inasmuch as, under Article XIII.4 of the Convention, amendments normally enter into force for all contracting parties after they have been accepted by two thirds of the parties; while amendments involving new obligations do not come into force for a contracting party until acceptance by such party. The Conference noted that the Committee on Constitutional and Legal Matters (CCLM), at its Thirty-fifth session in October 1977. had recommended that the Conference should determine whether or not the proposed amendments involved new obligations and had suggested certain criteria in this respect. The Conference concluded that the proposed amendments would not involve new obligations for contracting parties.
454. With respect to Article IX, concerning the settlement of disputes, a number of members expressed the view that governments should be free to settle through diplomatic or other channels any disputes that might arise in connexion with the Convention, without being obliged to have recourse to the procedure specified in that Article. The Conference considered that the provisions of Article IX enabled the parties to settle their differences through diplomatic or other channels.
455. The Conference accordingly approved the recommended revised text, reproduced in Appendix G to this report, and adopted the following resolution:
AMENDMENTS TO THE INTERNATIONAL PLANT PROTECTION CONVENTION
THE CONFERENCE,
Recalling its earlier recommendations that the provisions of the International Plant Protection Convention be re-examined, and its decision, taken at its Nineteenth Session, to postpone consideration and final approval of a revised text of the Convention that had been proposed by a Government Consultation attended by representatives of contracting parties,
Having examined the modifications of the said revised text, which had been proposed by an Ad Hoc Consultative Group consisting of representatives of contracting parties to the Convention and other Member Nations and had been recommended by the Committee on Agriculture as being appropriate to secure the widest possible acceptability,
I
Recognizing that the effect of the proposed amendments is to strengthen international action against the spread of important plant pests, and especially their introduction across national boundaries,
Approves the recommended revised text of the Convention, contained in Appendix G;
Requests the Director-General to transmit the said text of the Convention to the contracting parties for their consideration with a view to acceptance;
II
Stressing that it is in the interest of the international community that the recommended revised text should enter into force without delay,
Noting that, in accordance with Article XIII.4 of the Convention, the said text will enter into force as from the thirtieth day after acceptance by two thirds of the contracting parties,
Urges the parties to the Convention to accept the recommended revised text at the earliest possible time;
III
Desiring to clarify the intent of Article IX of the Convention, relating to the settlement of disputes,
Recommends the parties to any dispute falling within the scope of paragraph I of Article IX to seek a settlement through diplomatic or other channels before having recourse to the procedure provided for in paragraphs 2, 3 and 4 of that Article.
(Adopted 28 November 1979)
456. Some members regretted that the provisions contained in Article XI (Territorial Application) were not in accordance with Resolution 1514 adopted by the UN General Assembly, and with the Final Declaration of the Sixth Summit of the Movement of Non-Aligned Countries, which proclaim the need rapidly and unconditionally to put an end to colonialism in all its forms and manifestations.
457. The Conference noted that at the Thirteenth Regional Conference for Asia and the Far East (1976), a number of Member Nations had been in favour of changing the title of the Regional Conference to "Regional Conference for Asia and the Pacific". They had also suggested that the title of the Regional Office for Asia and the Far East (RAFE) be changed to "Regional Office for Asia and the Pacific" (RAPA). These changes in title had been supported by the Member Nations concerned at the Fourteenth Regional Conference for Asia and the Far East (1978) and the matter had been submitted to the Council at its Seventy-fifth Session (June 1979). The Council had agreed to the proposed changes in title and had invited the Conference to endorse them.
458. The Conference further noted that the proposed changes in title were designed to reflect the present-day realities in the region concerned and the increasing number of Member Nations that were situated in the area covered by the Pacific Ocean. In addition, the changes in title were intended to harmonize the nomenclature with that used in other international organizations and bodies - including FAO bodies - operating in the region; in this connexion special attention was drawn to the fact that the United Nations Economic Commission for Asia and the Far East (ECAFE) had been renamed United Nations Economic and Social Commission for Asia and the Pacific (ESCAP).
459. Some Member Nations whose western coastlines bordered the Pacific Ocean considered that a reference in the titles to "Western" Pacific would make it clear that their countries were not included in the region, thus obviating any possible confusion.
460. The Conference recognized that the changes in title of the Regional Conference and the Regional Office were neither intended to, nor in fact could affect the distribution of Member Nations by Region for the purpose of receiving services from the Regional Office, their participation-in the Regional Conference, or elections to the Council.
461. Accordingly, the Conference endorsed the proposed changes in title of the Regional Conference for Asia and the Far East to "Regional Conference for Asia and the Pacific", and of the Regional Office for Asia and the Far East to "Regional Office for Asia and the Pacific". At the same time, in order to prevent any uncertainty in the future, the Conference decided that the list of Member Nations to which the term "Asia and the Pacific" currently referred should appear in its Report.
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