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A. Constitutional and legal matters: Amendment to Article XXII of the Constitution relative to the Authentic Texts of the Constitution
B. FAO Language Policy and Practice
C. Amendment to Rule XIII-5 of the General Rules relative to Quorum Requirements for Commissions of the Conference
D. Amendment to Rules XII-10 and XXXIII-1 of the General Rules relative to the Appointment of the Director-General
E. Amendment to Rule III-2 of the General Rules relative to the Status of Permanent Representatives in regard to Credentials for the Conference
F. Functions of the Post of Independent Chairman of the Council
G. Authority, Terms of Reference and Constitutional Status of Regional Conferences
H. Statutory Report on Status of Conventions and Agreements and Amendments thereto
I. Statutes and Rules of Procedure of Article VI Bodies
J. Relationship Agreements with International Organizations
K. Relations with International Organizations and Granting of Consultative Status to International Non-Governmental Organizations
L. Establishment of an FAO Olive Production Committee
M. Financial and administrative matters: Emergency Fund for the Control of Livestock Diseases and to Carry out Initial Control Activities against the Desert Locust in Emergencies
N. Scale of contributions 1970-71
O. Financial Position of the Organization
P. Reimbursement to the Working Capital Fund
Q. Audited accounts
R. Emoluments of the Director-General

561. The Council, at its Fifty-Second Session (June 1969), proposed an amendment to Article XXII of the Constitution for adoption by the Conference. The purpose of this amendment was to make the Arabic text of the Constitution equally authoritative as the English, French and Spanish texts. The proposed amendment to the Constitution was circulated by the Director-General to all Member Nations and Associate Members of the Organization, in conformity with Article XX-3 of the Constitution.

562. In accordance with the recommendation of the Council, the Conference established a Special Committee to examine an Arabic version of the Constitution, and also to consider the Arabic version of the other Basic Texts. The Special Committee made certain amendments to these versions, and recommended the adoption of a resolution whereby the Conference would formally adopt an authoritative Arabic text of the Constitution and amend the Constitution in the manner proposed by the Council. The Special Committee further recommended that the amended version of the other Basic Texts should be published by the Organization as soon as possible and be considered as the official Arabic texts.

563. The Conference approved the recommendations of the Special Committee. One delegate stated that while he supported the resolution, in his view an amendment to the Constitution was not necessary. Another delegate thought that more time should have been given to enable experts in his country to review the proposed Arabic text of the Constitution, and expressed his support of the resolution on the understanding that his government could, after due study, propose such amendments as deemed necessary. Three delegates stated that while they approved the adoption of the proposed amendment in the resolution, this act in itself did not imply considering Arabic as an official language of the Organization.

564. The Conference adopted the following resolution:

The Conference

Having considered the Arabic version of the FAO Constitution prepared by the League of Arab States; and

Having taken into consideration the amendments thereto recommended by a Special Committee of the Conference;

Formally adopts as the authoritative Arabic text of the Constitution the text so amended, which appears as Appendix F to this Report;

Resolves that Article XXII of the Constitution shall be amended to read;

Arabic
Portuguese
German
General Language Policy

565. The Conference considered the question of FAO language policy and practice on the basis of two reports from the Council with specific reference to the proposals for the provision of interpretation services in Arabic, Portuguese and German and document services in Arabic. The Conference also considered the general principles underlying the policy governing the use of languages, and noted that present practice, developed over the years, while fundamentally maintaining the principle of parity between the three working languages of the Organization, allowed for some regional differentiations.

Arabic

566. The Conference confirmed, without any opposition, the decision reached at its Fourteenth Session, adopting Arabic as a limited working language of the Organization. It noted that the Programme of Work and Budget for 1970-71 made provision (i) for Arabic interpretation at the Sixteenth Session of the FAO Conference, at the Near East Regional Conference and regional and technical meetings to be held in the Near East, and (ii) for translation of certain documents into Arabic within a limit of 1.8 million words in the biennium. This limitation referred solely to the volume of documentation to be produced in Arabic, and in no way to the status of the Arabic language in the Organization.

Portuguese

567. The Conference also endorsed, without any opposition, the Council's recommendation that Portuguese interpretation should be provided at the Regional Conference for Latin America in 1970 and following biennia. The provision of Portuguese interpretation by FAO at these conferences would remove an inequality, and would follow the precedent established by the UN Economic Commission for Latin America. The Conference noted with appreciation the assurance given on behalf of the Government of Brazil that it had no intention to request any additional services in Portuguese, other than simultaneous interpretation at the Latin American regional conferences. The choice between one-way and two-way interpretation including possible arrangements for sharing the cost should, as recommended by the Council, be the subject of consultations between the Director-General and the Government of Brazil in each case.

German

568. The Conference noted that the Programme of Work and Budget for 1970-71, in line with the decision of the Conference at its Fourteenth Session, included a provision to cover one third of the cost of German interpretation at the FAO Conference and at the European regional conferences.

General Language Policy

569. Many delegates expressed the view that the Organization, having reached these decisions, should consider very carefully the implications of any further requests or proposals for additional language services. In this connexion, attention was drawn to the Report of the Forty-Seventh Session of the Administrative Committee on Coordination (ACC) (Rome, 28-29 April 1969). The ACC had noted a growing tendency for intergovernmental organs to call for increased services in official languages and to provide for the introduction of additional languages, and had drawn attention to some of the technical consequences of this trend, which led to increased complexity of the services required for the conduct of meetings and the issue of publications. The ACC had pointed out inter alia the problem of preparing verbatim records in languages using different characters not generally understood, the priority inevitably associated with documentation for meetings - which delayed the issue of publications - and the cumbersome effect of using a large number of languages with the attendant lowering of quality standards, increased opportunities for errors and a slowdown in processing. The ACC had decided that these problems would be the subject of continued study for the information of the governing bodies concerned.

570. The Conference generally shared the concern of the ACC. Several delegates expressed the view that additional languages should not be introduced unless proposed by at least ten member governments. Otherwise interested governments should bear the added cost of interpretation and translation. The view was also expressed that the development of guidelines governing the introduction of additional languages was necessary.

571. It was recalled that repeated complaints had been made in the past about the Organization's failure to produce documents in time in its working languages. The proliferation of languages and languages services not only represented an increased financial burden on the resources of the Organization, and a diversion of these resources from substantive activities that might be of greater practical benefit to the countries concerned, but it would lead to a situation where the efficiency of multilateral communication would be impaired.

572. Adjustments in FAO's practice in the use of languages had been a consequence of the Organization's growing universality over the years and reflected the value of effective communications. On the other hand, it was pointed out that dealing with each request on its merits presented the drawback of a piecemeal approach, leading to a gradual increase in the services required, to a point where the substantive work of the Organization would suffer and the effectiveness of consultation could be seriously hampered. For these reasons, both financial and practical, the Conference agreed that requests for additional language services should, in future, be dealt with in the light of the foregoing considerations and should be approved only with the utmost care and caution.

573. The Conference recalled that at its Fourteenth Session it had sometimes proved difficult to obtain a quorum at meetings of its commissions. The Director-General had therefore submitted certain suggestions in this regard to the Fifty-First Session of the Council which referred the whole matter to the Committee on Constitutional and Legal Matters (CCLM).

574. The Conference further noted that the Fifty-Second Session of the Council endorsed the proposal put forward by the CCLM, namely, that Rule XIII-5 of the General Rules of the Organization should be amended to require, firstly, a quorum of one third of the members of the commission for consideration of items on the agenda and for deciding on questions of procedure with the exception of a motion for the closure of the debate on an item under discussion; secondly, a quorum made up of the majority of the members of the commission for deciding on substantive questions and on a motion for the closure of the debate on an item under discussion.

575. Most of the delegates who participated in the deliberation of the Conference expressed themselves in favour of the amendment proposed by the Committee on Constitutional and Legal Matters (CCLM) and endorsed by the Council. Some delegates felt that more flexibility might be desirable, and the view was also expressed that the quorum for the closure of the debate might be the same as that for other procedural questions. A number of delegates stressed the importance of the practical measures which might be adopted with a view to ensuring the presence of a quorum whenever matters were to be put to the vote. One delegate was opposed to the adoption of the proposed amendment on the ground that the lowering of quorum requirements would create a dangerous precedent.

576. The Conference decided to approve the amendment to Rule XIII-5, including drafting improvements to the French and Spanish texts, proposed by the CCLM and endorsed by the Council, and adopted the following resolution:

The Conference

Recalling that et its Fourteenth Session (1967) a situation had arisen in which a quorum could not be obtained for a commission to take a vote on a motion before it;

Noting that the Director-General had submitted a paper to the Council at its Fifty-First Session (October 1968) in which he examined problems arising in connexion with the quorum requirements for commissions of the Conference, and that the Council had referred this matter to the Committee on Constitutional and Legal Matters (CCLM);

Noting further that the CCLM has recommended to the Council that certain amendments be made to Rule XIII-5 of the General Rules of the Organization, and that the Council had endorsed these recommendations at its Fifty-Second Session (June 1969);

Decides to amend Rule XIII-5, as proposed by the Council, to read as follows:

577. In conformity with Conference Resolution 23/67, the Council, at its Fiftieth Session, had appointed an Ad Hoc Committee to examine the questions relating to the procedures for the appointment of the Director-General and to suggest possible alternatives to the present procedure and to the timing of the election. At its Fifty-First Session, the Council had considered the procedure at present in force in FAO and the procedures followed in other specialized agencies, as well as the report submitted by the Ad Hoc Committee.

578. According to the conclusions reached by the Council in the light of the Ad Hoc Committee's recommendations, the Conference was to retain authority with respect to the appointment of the Director-General but the appointment was to take place in such a way as to avoid disruptive effects on the other work of the Conference; accordingly the election procedure should be completed within three working days from the opening date of the Conference. Furthermore, nominations of candidates should continue to be submitted by member governments, such nominations to be circulated one month prior to the "June session" of the Council.

579. With respect to the question of balloting and the difficulties that might arise in the event of numerous candidacies, the Council, following the Ad Hoc Committee's recommendations, had referred this matter to the CCLM.

580. In considering the report of the CCLM, the Council at its Fifty-Second Session had endorsed the proposal for adopting a procedure whereby candidates with the smallest number of votes would be gradually eliminated; this would result in a reduction of the number of ballots as compared with the procedure at present in force.

581. The Conference noted that the Council, after having considered the various situations which might arise in connexion with the procedure for the election of the Director-General and the implications of the voting system recommended by the CCLM, had endorsed the system outlined above. The Conference unanimously concurred with the proposals of the Ad Hoc Committee and the CCLM, as endorsed by the Council.

582. Since the General Rules of the Organization did not contain any provisions to be applied specifically to the election of the Director-General, the Conference, following the recommendation of the CCLM and the Council, reached the conclusion that such provisions should be introduced into Rule XXXIII-1 of the General Rules of the Organization (GRO) and that Rule XII-10 GRO should be amended by excluding from its scope the election of the Director-General.

583. The Conference therefore adopted the following resolution:

The Conference

Recalling its Resolution 23/67, by which it had recommended the establishment of an Ad Hoc Committee to examine the questions relating to the procedures for the appointment of the Director-General and to suggest possible alternatives to the present procedures and to the timing of the election;

Having considered the conclusions reached by the Council on the findings and recommendations of the aforementioned Ad Hoc Committee and of the Committee on Constitutional and Legal Matters (CCLM), as recorded in the Report of the Fifty-Second Session of the Council;

Considering that the changes proposed by Ad Hoc Committee and the CCLM, as endorsed by the Council, would facilitate and expedite the appointment of the Director-General in future;

Endorses the introduction of the election procedure proposed by the Council; and

Adopts the following amendments to Rules XII-10 and XXXIII-1 of the General Rules of the Organization:

584. During the Fourteenth Session of the Conference, the Credentials Committee had encountered certain problems connected with the formal requirements for credentials, with particular reference to the question whether permanent representatives required special credentials to participate in sessions of the Conference on behalf of their respective countries. Following a proposal made by the Chairman of the Credentials Committee, the Director-General referred the matter to the Committee on Constitutional and Legal Matters (CCLM).

585. The Conference adopted the recommendations which the Fifty-Second Session of the Council had made on the basis of the CCLM's conclusions, to the effect that Rule m. 2 of the General Rules of the Organization should be amended to give adequate guidance to the Credentials Committee and to make specific provision relating to the credentials of permanent representatives to the Organization.

586. Accordingly the Conference adopted the following resolution:

The Conference

Recalling certain problems which had occurred during its Fourteenth Session with respect to the formal requirements for credentials;

Having considered the study undertaken and reports presented by the Committee on Constitutional and Legal Matters (CCLM) and the Council;

Endorses the conclusions reached by the Council at its Fifty-Second Session; and

Adopts the following amendment to Rule m. 2 of the General Rules of the Organization:

587. The Conference further decided that in the Spanish text of Rule XXI-4 (GRO) the term ''el titular del departamento interesado" should be replaced by the term "el ministro interesado. "

588. The Conference reviewed the action taken by the Council at its Fifty-First and Fifty-Second Sessions with a view to carrying out a review of the functions of the Independent Chairman of the Council and of the future of that post as such.

589. It noted that a proposal had been made during the Fifty-First session of the Council to the effect that the post of Independent Chairman of the Council might be replaced by that of a Chairman elected by the Council from among representatives of Council members. At that same session the Council, after a preliminary exchange of views, had decided to appoint an Ad Hoc Committee consisting of representatives of seven Member Nations to conduct a review on the broadest possible basis, including any aspects that had a bearing on the nature and degree of independence of the function of the Chairman of the Council, as well as any questions relating to the mode of nomination and election, the organ which should be responsible for the election of the Chairman and any related matters. The Council had further decided that the views of the present Independent Chairman and of Member Nations not serving on the Ad Hoc Committee should be sought and taken into consideration by the Committee.

590. In its report, submitted to the Council at its Fifty-Second Session, the Ad Hoc Committee had analyzed the various questions relating to the functions of the Chairman, in particular the meaning of "independence" considered in the light of the historical background of the post of Independent Chairman, the distinction between functions exercised by the Independent Chairman during and between Council session, the methods of nomination and election, the organ responsible for appointing the Chairman, the term of office, and the principle of rotation as between regions.

591. During the deliberations of the Conference, the general view expressed was in favour of maintaining the present procedure whereby the Independent Chairman is elected by the Conference, but that his term of office should be for two years and should not be renewable. This limitation would not apply to the Independent Chairman to be elected at the present session of the Conference. A number of delegates stressed that there should be rotation among regions with regard to the post of Independent Chairman and that a provision to that effect should be inserted in the Basic Texts of the Organization. Some delegates felt that the question of the status and the functions of the Independent Chairman might be reviewed again at a later stage.

592. As regards the functions of the Independent Chairman, it was generally agreed that no substantial changes should be envisaged. With respect to his inter-sessional functions the view was expressed that only in exceptional circumstances need the Independent Chairman attend sessions or meetings of FAO bodies other than the Programme and Finance Committee.

593. It was also generally agreed that being in government service should not be regarded as incompatible with the exercise of the responsibilities of the Independent Chairman. In this connection the Conference emphasized that the principal qualities which should be taken into account when choosing an "Independent" Chairman were his ability to be objective, his competence and his experience and knowledge of the Organization's field of work.

594. The Conference decided that the status, functions and term of office of the Independent Chairman should be set out in more detail in the Basic Texts of the Organization. Accordingly, the Conference requested the Council to prepare appropriate amendments to the Basic Texts for consideration by the Conference at its Sixteenth Session, taking into account the views expressed at the Conference.

595. The Conference recalled that at its Fourteenth Session (November 1967) it had discussed the question of the authority and terms of reference of regional conferences and had agreed that this question should be discussed by the Ad Hoc Committee on Organization and that on the basis of the guidance received from this Ad Hoc Committee, the Director-General should prepare a revision of the authority and terms of reference of the regional conferences for submission to the Committee on Constitutional and Legal Matters (CCLM).

596. The Conference noted that, in accordance with the wish it had expressed at its Fourteenth Session and the recommendation of the Ninth Regional Conference for the Near East (Baghdad, September-October 1968), and the Fifth Regional Conference for Africa (Kampala, November 1968), the Director-General had submitted the question to the CCLM. The CCLM, having examined the matter, submitted a draft resolution to the Council. The Council, at its Fifty-Second Session, introduced certain amendments to the CCLM's draft resolution and submitted it to the Conference, recommending its adoption.

597. The Conference considered that the draft resolution before it gave recognition to the increasingly important role played by regional conferences. In particular the Conference welcomed the Director-General's practice of informing the Council and the Conference of the extent to which he had been able to take into account recommendations made by the regional conferences when preparing his draft Programme of Work and Budget, and of giving reasons in those cases in which he had not been able to do so.

598. The Conference also stressed the importance of ensuring coordination of the work of the regional conferences with that of other regional development agencies. It also welcomed the preparation of the agenda for the regional conferences by the regional representative in consultation with the countries concerned.

599. The Conference decided to adopt the following resolution which had been forwarded to it by the Council:

The Conference

Noting the growing importance of the role of regional conferences in the elaboration of the general policy of the Organization;

Considering the desirability, in line with Article VI-5 of the Constitution, of laying down the terms of reference of the regional conferences, so that they may more effectively carry out their role;

Considering further the recommendation of the Ninth Regional Conference for the Near East (Baghdad, September-October 1968) and the Resolution of the Fifth Regional Conference for Africa (Kampala, November 1968);

Decides that Regional Conferences for Africa, Asia and the Far East, Europe, Latin America and the Near East shall have the following functions:

Decides further that regional conferences may make recommendations to Member Nations in the region, the Conference, the Council, the Director-General and, through the Director-General to the United Nations Regional Economic Commissions. Recommendations addressed to the Conference, the Council and the Director-General will be studied by the Director-General who will inform the Council and the Conference as to how far he has been able to take them into account in framing his draft Programme of Work and Budget and, where he has been unable to do so, state his reasons; and

Recommends:

600. The Conference further decided that the above resolution should be inserted in Volume II of the Basic Texts of the Organization.

601. Rule XXI-5 of the General Rules of the Organization (GRO) provides that "the Director-General shall report to the Conference whenever a convention, agreement, supplementary convention or agreement has, in accordance with its terms, come into force or ceased to be in force, or has been amended and the amendments come into force."

602. The Conference considered documents C 69/40 and C 69/40 Sup. 1 entitled "Statutory Report on the Status of Conventions and Agreements and Amendments thereto" which were submitted in accordance with the above requirement.

603. In addition, the Conference was informed of the following developments which took place after the issuance of the documents mentioned above:

604. The Conference noted the Statutory Report mentioned above as well as the additional information contained in paragraph 603 above.

Amendments to the Rules of Procedure of the Joint FAO/WHO Codex Alimentarius Commission

605. The Conference had before it document C 69/42 concerning the amendments to the rules of procedure of the Joint FAO/WHO Codex Alimentarius Commission, as adopted by that Commission at its Fifth and Sixth Sessions (February 1968 and March 1969, respectively).

606. Pursuant to Article VI-3 of the Constitution, commissions and committees established under that Article "may adopt their own Rules of Procedure and amendments thereto, which shall come into force upon approval by the Director-General subject to confirmation by the Conference or Council, as appropriate. "This provision was also reflected in Article 8 of the Commission's Statutes and in Rule XIII-1 of its Rules of Procedure which required the approval by the Directors-General of both parent organizations, "subject to such confirmation as may be prescribed by the procedure of the two organizations."

607. The amendments which the Commission adopted at the Fifth and Sixth Sessions were mainly intended to clarify certain terms used in the Rules of Procedure -particularly the terms "region" and "groups of countries" and to eliminate certain ambiguities regarding the terms of office of regional coordinators and of members of the Executive Committee.

608. The amendments as adopted by the Commission had been approved by the Directors-General of FAO and WHO.

609. The Conference confirmed the amendments to the Rules of Procedure of the Codex Alimentarius Commission as incorporated in the text appearing in Appendix I of C 69/42.

610. The Conference suggested that the Codex Alimentarius Commission should re-examine, at its next session, the principles governing the elaboration of standards for regions or groups of countries, as reflected in Rule VI. 3 of the Rules of Procedure of the Codex Alimentarius Commission.

Confirmation of the Agreement between FAO and the Organization of African Unity (OAU)

611. The Conference noted that the Council, at its Fifty-First Session, had approved, in accordance with Rule XXIV-4(c) of the General Rules of the Organization, an agreement establishing formal relations between FAO and the Organization of African Unity, such approval being subject to confirmation by the Conference.

612. The Conference further noted that OAU had accepted the interpretation of Article VI of the Agreement contained in paragraph 249 of the Report of the Fifty-First Session of the Council and, since the Agreement had also been approved by the competent governing body of OAU, it had entered into force.

613. The Conference, expressing its satisfaction at the strengthening of relations between FAO and OAU, decided to confirm the Agreement and to adopt the following resolution:

The Conference

Considering the desirability of ensuring close cooperation between the Food and Agriculture Organization of the United Nations (FAO) and the Organization of African Unity (OAU);

Noting that the Fifty-First Session of the Council, acting in accordance with the provisions of Rule XXIV-4(c) of the General Rules of the Organization, had approved subject to confirmation by the Conference, and Agreement establishing formal relations between FAO and OAU;

Noting further that this Agreement had been approved by the Council of Ministers of OAU;

Confirms the decision of the Fifty-First Session of the Council approving the Agreement between FAO and OAU.

614. The Conference noted the report which the Director-General had submitted in accordance with the policy governing relations with international organizations, adopted at the Seventh Session of the Conference. One delegate wished to record its reservations with regard to two organizations mentioned in the report.

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