Foreword
These Draft Rules of Procedure of the Governing Council of the Intergovernmental NACA have been adapted from those of the INFOFISH, with which organization NACA has many similarities. The Agreement on NACA was drawn largely on INFOFISH, which was transformed from an FAO project into an intergovernmental organization a few years ago. This draft document is submitted for the consideration and decision of the Provisional Governing Council of NACA at its Third Meeting.
Rule 1
Representation
Each Member of NACA shall appoint one representative to the Governing Council in accordance with Article 8.1 of the Agreement.
Each Member shall inform the Coordinator prior to the opening of a Session of the Governing Council of the name of its representative and of any experts and advisers.
Each Member shall designate a Liaison Officer who shall have primary responsibility for correspondence between the Member and NACA. The Liaison Officer shall normally be the Member's Representative on the Governing Council or may be any other person so designated. The name of the Liaison Officer shall be communicated to the Coordinator, as shall any change in that designation.
Rule 2
Regular Sessions of the Governing Council
The Governing Council shall hold a regular Meeting annually at such time and place as it may determine.
Notice of the convening of a regular Meeting shall be despatched by the Coordinator to all Members, to the Food and Agriculture Organization of the United Nations (FAO) and to any non-member State, international fisheries commission or other organization invited by the Governing Council to send observers to the Meeting. Such notice shall be despatched not less than ninety days before the date fixed for the opening of the Meeting.
Rule 3
Special Sessions of the Governing Council
The Governing Council may hold special sessions if it so decides or at the request of two-thirds of the members. Requests by Members for the convening of a special session in accordance with Article 8.4 of the Agreement shall be addressed to the Chairman of the Governing Council.
The time and place of special sessions shall be determined by the Governing Council or by the Chairman, as the case may be.
Notice of the convening of a special session shall be despatched by the Coordinator to the same addresses as prescribed in Rule 2.2 not less than thirty days before the date fixed for the opening of the session.
Rule 4
Representative of the Food and Agriculture Organization of the United Nations
The Governing Council shall invite a representative from the Food and Agriculture Organization of the United Nations to participate in all its sessions but without the right to vote, in accordance with Article 8.8 of the Agreement. Such representative may be accompanied by experts and advisers.
Rule 5
Observers
The Governing Council may invite non-member States, international fisheries commissions or any organizations that are able to make a significant contribution to the activities of NACA to send observers to regular or special sessions. Observers may, with the authorization of the Chairman, address the meeting to which they are invited and otherwise participate in its work, but without the right to vote.
Rule 6
Election of the Chairman and Other Officers
At each Regular Session the Governing Council shall elect a Chairman and one or more Vice-Chairman, who shall hold office for the period beginning at the time of the adjournment of the Regular Session of the Governing Council and ending at the time of the adjiurnment of the subsequent Regulal Session.
The Chairman and Vice-Chairman may not be elected for more than two consecutive terms.
In the absence of the Chairman, one of the Vice Chairmen shall exercise the functions of the Chairman.
Rule 7
Functions of the Chairman
The powers and duties of the Chairman shall be:
to declare the opening and closing of each Session of the Governing Council.
To direct discussions at meetings and to ensure observance of these rules.
To accord the right to speak and to limit the time allowed to speakers.
To rule on points of order, subject to the right of any Representative to request that any ruling by the Chairman be submitted to the Governing Council for decision.
To call for votes and to announce results.
To sign on behalf of the Governing Council a report of the proceedings of each session of the Governing Council for transmission to Members.
Generally to perform any function assigned to him by the Governing Council.
Rule 8
Agenda
A provisional agenda for each regular or special session shall be drawn up by the Coordinator in consultation with the Chairman and shall be despatched together with the notice specified in Rule 2.2 or Rule 3.3 as the case may be.
Proposals for the addition or deletion of items in respect of the Provisional Agenda shall be addressed by Members to the Coordinator who shall, if time permits, despatch them to Member States and observers before the opening of the Session.
In accordance with Article 17.1 of the Agreement any proposal for amendment must reach the Director-General of FAO at least 120 days before the opening day of the session at which it is to be considered. Any proposal concerning amendments to the Agreement must be despatched to members at least 90 days before the Regular Meeting or 30 days before the Special Meeting at which the proposal is to be considered.
Rule 9
Quorum
A majority of the members of the Governing Council shall constitute a quorum.
Rule 10
Voting
Each Member shall have one vote.
Except as otherwise expressly provided for in the Agreement, all decisions of the Governing Council shall be taken by a majority of the votes cast.
Decisions of the Governing Council pursuant to Article 6.3, 13.4, 17.1 and 18.2 shall be taken as provided for in those Articles.
The Governing Council shall endeavour to reach its decisions by consensus without having to resort to formal voting.
Voting, if required, shall normally be by a show of hands unless a Representative requests a vote by roll call. A roll call vote shall be conducted in the alphabetical order in English of the names of the Members. The name of the first Member to be called shall be designated by lot drawn by the Chairman.
Any matter may be decided by secret ballot if the Governing Council so decides.
If the circumstances so require between sessions of the Governing Council, the Chairman may decide that voting shall be done by mail or other means of communication. The vote of each Member shall be communicated to the Chairman by the Liaison Officer.
The right to vote of a Member who is in arrears shall be subject to the provision of Article 13.3 of the Agreement.
Rule 11
Public and Private Meetings
Plenary meetings of the Governing Council shall be open to the public unless the Governing Council otherwise decides.
Rule 12
Languages
The proceedings of the Governing Council shall be conducted in English.
All documents prepared for or emanating from the Governing Council shall be in English.
Rule 13
Secretariat
The Coordinator shall prepare and organize the sessions of the Governing Council and any subsidiary bodies which it may establish. He shall provide the Secretariat for such Meetings and shall attend all sessions of the Governing Council.
The Coordinator and any staff member designated by him shall participate, without the right to vote, in the discussions of the Governing Council and of any subsidiary body established by it.
Rule 14
Reports
A report of each session of the Governing Council shall be approved by the Council.
Reports shall, at the request of the Member of members concerned, also reflect minority views.
Reports of the Governing Council shall be despatched by the Coordinator to all Members, or to the other countries listed in the Annex to the Agreement and to any observersed represented at the relevant session.
Rule 15
External Auditor
The Governing Council shall appoint an external auditor to examine and report annually on the accounts of NACA. The auditor shall be appointed under the terms and conditions agreed by the Governing Council.
Rule 16
Subsidiary Bodies
The Governing Council may establish such subsidiary bodies as it deems necessary. The terms of reference and membership of subsidiary bodies shall be determined by the Governing Council.
Rule 17
Application
The foregoing Rules of procedure shall apply to all Meetings of the Governing Council and mutatis mutandis, to meetings of the Technical Advisory Committee and to any subsidiary bodies which may be established by the Governing Council.
