143. The Council of FAO was informed that the First Special Session of the General Fisheries Council for the Mediterranean (GFCM) adopted on 22 May 1963 a series of amendments to the Agreement and Rules of Procedure of that Council in order to bring them into line with the principles adopted by the Ninth Session of the Conference in 1957 (Appendix D of the Report of that Session).
144. In accordance with the provisions of Article XV of the revised text of the Agreement, the amendments adopted by the GFCM have to be approved by the FAO Council or Conference before the amended text may be transmitted for registration with the Secretariat of the United Nations. However, in view of the date on which the amendments to the Agreement and Rules of Procedure of the GFCM were adopted, it was too late to prepare complete tables giving all the amendments for circulation to and consideration by Members of the Council prior to the Fortieth Session of the Council. The Council, therefore, decided to refer the matter of approval of the amendments to the forthcoming session of the Conference. It understood that this matter would be dealt with in the “Statutory Report on the Status of Conventions and Agreements and on Amendments thereto” which in accordance with the provisions of Rule XXI-5 of the General Rules of the Organization has to be submitted to the Conference.
145. The Desert Locust Control Organization for Eastern Africa (DLCO for EA) was established by a convention which came into force on 20 August 1962. Though the Organization was created outside the framework of FAO, the Eleventh Session of the FAO Conference had authorized the Director-General to give assistance to the governments concerned by convening a conference for the conclusion of the Convention.
146. Article IV.11 of the convention provides that the Council of the DLCO for EA is to enter into a relationship agreement with FAO in accordance with the provisions of Article XIII.1 of the FAO Constitution. A draft agreement prepared by the Council of the DLCO for EA was submitted to FAO and considered by the Committee on Constitutional and Legal Matters (CCLM), the Program Committee and the Finance Committee. FAO suggested several modifications to the draft text which text thus modified was adopted by the Council of the DLCO for EA at its Second Regular Session held in Arusha (Tanganyika) from 24 to 28 April 1963.
147. The Council of the DLCO for EA instructed the Director of that Organization to forward the Agreement to the Director-General of FAO for submission to the Fortieth Session of the FAO Council.
148. In accordance with the provisions of Rule XXIV.4 (c) of the General Rules of the Organization, the FAO Council may “subject to confirmation by the Conference, enter into agreements with other international organizations, pursuant to para. 1 of Article XIII of the Constitution”.
149. Article IX of the Agreement provides that:
“The present Agreement shall come into force on approval by the Council of DLCO for EA and the Council of FAO, subject to confirmation by the Conference of FAO”.
150. The FAO Council, having considered the Agreement, approved the terms thereof. The Agreement, the text of which is appended to the Report of the present session of the Council, therefore came into force on 28 June 1963, date of the approval by the Council.
151. The Council further requested the Director-General to submit the Agreement to the next session of the FAO Conference for confirmation in accordance with the requirements of the provisions quoted above.
152. The Council further noted the terms of Article VI of the Agreement which reads as follows:
“1. FAO and the Council of DLCO for EA shall give due consideration to the possibility of bringing, at an early date, the DLCO for EA within the framework of FAO under the relevant provisions of the FAO Constitution, so as to secure the control of the desert locust and research in this field on a wider international basis.
2. Any recommendation or resolution formulated on this subject by the Council of the DLCO for EA should be transmitted to the Director-General of FAO for consideration and possible action by the Director-General, the Council or the Conference of FAO, as may be appropriate.”
153. The Council wishes to draw the attention of the Conference to these provisions as well as to the resolution adopted by the Council of the DLCO for EA at its Second Regular Session by which the latter Council decided that its policy was to “be directed towards the formation of DLCO as soon as possible into a Commission for Desert Locust Control established within the framework of FAO under the relevant provisions of the FAO Constitution …” While the Council of DLCO had been made aware of the legal difficulties that would be encountered in this connection it expressed the wish “that the Director-General, the Council and/or the Conference of FAO give due consideration to this matter with a view to taking appropriate action.”
154. The FAO Council therefore decided to refer the matter to the FAO Conference for a policy decision prior to any further action (see Appendix D).
155. The Special FAO Meeting on the Eastern Desert Locust Region (Teheran, October 1962) unanimously decided that a Regional Commission for the Control of the Desert Locust should be established within the framework of FAO for a region which should initially comprise Afghanistan, India, Iran and Pakistan. The meeting examined and agreed upon the text of a preliminary draft convention for the establishment of such a commission. A meeting of the Member Nations directly concerned was held at Rome from 2 to 3 May 1963. The meeting “recommended that the regional commission should be established as soon as possible” and “that the draft convention should be submitted to the Council and Conference of FAO through the Director-General in accordance with Article XIV-3 of the FAO Constitution with recommendations to Member Countries for its acceptance.”
156. The Eighth Session of the FAO Desert Locust Control Committee (Rome, from 6 to 9 May 1963) “recommended that FAO should take all necessary steps for the convention .... to be ratified by the end of 1963.” In view of the date of the recommendations mentioned above it was not possible to convene a session of the Committee on Constitutional and Legal Matters (CCLM) to consider the draft convention and to have its report circulated in time for this session of the Council.
157. The Council noted that in order to expedite matters the Director-General, acting under Rule XXX-3 of the General Rules of the Organization, had convened a session of the CCLM to be held in July 1963. The Council concurred with the action of the Director-General and, in view of the time factor involved, decided that the report of the CCLM on the draft convention should be submitted directly to the Twelfth Session of the Conference.
158. By Resolution No. 14/61 the Eleventh Session of the Conference requested the Director-General to immediately establish a Near East Commission on Agricultural Statistics under Article VI of the Constitution for the purposes indicated in the introductory part of that resolution.
159. The Conference, at the same time, requested such commission to work out at its first meeting more detailed terms of reference for consideration at an early session of the Council.
160. In pursuance of this request, the Commission at its first session held at Amman, Jordan from 12 to 19 November 1962, formulated provisions of its Statutes, including terms of reference. These provisions were submitted to the Ninth Session of the Committee on Constitutional and Legal Matters (CCLM).
161. The Council having considered the provisions formulated by the commission and the report of the CCLM adopted the following resolution:
Resolution No. 3/40
NEAR EAST REGIONAL COMMISSION ON AGRICULTURAL STATISTICS
THE COUNCIL
Considering
I. Resolution No. 14/61 of the Eleventh Session of the FAO Conference by which the Conference requested the Director-General:
“1. To immediately establish and adequately service a permanent Near East Commission on Agricultural Statistics under Article VI of the Constitution, to review the state of food and agricultural statistics in the region and advise member countries on the development and standardization of agricultural statistical services within the general framework of FAO work in statistics, and to convene study groups or other subsidiary bodies of national experts required for this purpose;
2. To request such commission to work out at its first meeting more detailed terms of reference for consideration at an early session of the Council”,
II. the provisions of the Statutes of the Near East Commission on Agricultural Statistics as formulated by that Commission at its first session held at Amman, Jordan from 12 to 19 November 1962,
III. the terms of Article VI.1 of the FAO Constitution regarding the establishment of regional commission by the Conference or Council,
Hereby promulgates the following provisions of the Statutes of the Near East Regional Commission on Agricultural Statistics.
Membership
1. Membership in the Near East Commission on Agricultural Statistics is open to all Member Nations and Associate Members of FAO whose territories are situated wholly or partly in the region concerned as defined by the Organization or who are responsible for the international relations of any non-selfgoverning territories in that region. Membership shall comprise such eligible nations as have notified the Director-General of the Organization of their desire to be considered as members.
Terms of reference
2. The terms of reference of the Near East Commission on Agricultural Statistics shall be to review the state of food and agricultural statistics in the region and advise Member Countries on the development and standardization of agricultural statistics within the general framework of FAO's work in statistics, and to convene study groups or other subsidiary bodies of national experts required for this purpose.
The terms of reference shall include in particular:
The formulation of the program of work of the commission in relation to the promotion and development of food and agricultural statistics including periodical agricultural censuses and food consumption surveys, and continuous surveys and controlled experiments for current information; trade in food and agricultural products and requisites;
the setting-up of a scheme of priorities taking into consideration both the immediate requirements and the long-term development of agricultural statistics on a sound and permanent basis;
working out a minimum program for current agricultural statistics;
the formulation of recommendations regarding measures to be adopted by member countries for:
organizing research on statistical problems of common interest to countries in the region;
the formulation of recommendations regarding ways and means in which FAO could assist countries in the development of food and agricultural statistics including such measures as the organization of training centers, seminars; the promotion of fellowships; the provision of technical assistance through experts and regional statistical advisers; the promotion of research in statistical problems under local conditions;
the consideration of problems referred to the commission by the FAO Conference and Council and FAO regional conferences and the preparation of suitable reports including relevant recommendations;
the organization of technical discussions between national experts on specific statistical problems related to the program of work of the commission by convening working groups whose detailed terms of reference are to be worked out by the commission;
the compilation of data from member countries in relation to the program of work of the commission and its working groups;
the preparation of a summary report to the Director-General for presentation to the FAO Conference or Council incorporating the main recommendations of the commission particularly those on policy matters which require Conference or Council action.
Observers
3. Any Member Nation of the Organization and any Associate Member that is not a member of the commission but has a special interest in the work of the commission, may, upon request communicated to the Director-General of the Organization, attend as observer, sessions of the commission, and of its subsidiary bodies and ad hoc meetings.
4. Nations which while not Member Nations or Associate Members of the Organization are Members of the United Nations, may, upon their request, and with the approval of the Council of the Organization granted upon the recommendation of the commission, be invited to attend in an observer capacity the sessions of the commission, in accordance with the provisions relating to the granting of observer status to nations adopted by the Conference of the Organization.
International organizations
5. Participation of international organizations in the work of the commission and the relations between the commission and such organizations shall be governed by the relevant provisions of the Constitution and the General Rules of the Organization as well as by the rules on relations with international organizations adopted by the Conference or Council of the Organization. All such relations shall be dealt with by the Director-General of the Organization.
Sessions
6. The commission shall hold at least one session every two years. The sessions of the commission shall be convened and the place where they are to be held shall be determined by the Director-General of the Organization after consultation with the competent authorities of the host country, taking into consideration the recommendation of the commission on the subject.
Reports
7. The commission shall report and make recommendations to the Council or the Conference through the Director-General of the Organization, it being understood that copies of its reports, including any conclusions and recommendations, will be circulated to interested Member Governments and international organizations for their information as soon as they become available.
8. Recommendations having policy, program or financial implications for the Organization shall be brought by the Director-General to the attention of the Conference or Council of the Organization for appropriate action.
9. Subject to the provision of the preceding paragraph, the Director-General of the Organization may request Members of the Commission to supply the Commission with information on action taken on the basis of recommendations made by the commission.
Subsidiary bodies
10. The commission may establish such subsidiary bodies as it deems necessary for the accomplishment of its task, subject to the availability of the necessary funds in the relevant chapter of the approved budget of the Organization; the determination of such availability shall be made by the Director-General. Before taking any decision involving expenditure in connection with the establishment of subsidiary bodies, the commission must have before it a report from the Director-General on the administrative and financial implications thereof.
11. The terms of reference and reporting procedure of the subsidiary bodies shall be determined by the commission.
Expenses
12. Expenses incurred by representatives of members of the commission and of the observers while attending sessions of the commission shall be borne by the respective governments or organizations.
Languages
13. English and French shall be the working languages of the commission. Any representative using any other language than one of the working languages shall provide interpretation into one of the working languages.
Rules of Procedure
14. The commission may adopt and amend its own rules of procedure which shall be in conformity with the Constitution and the General Rules of the Organization and with the statement of principles governing commissions and committees, adopted by the Conference. The rules of procedure and amendments hereto shall come into force upon approval by the Director-General subject to confirmation by the Council or Conference.
162. The Eleventh Session of the FAO Conference recommended the immediate establishment of a permanent commission to promote the improvement of agricultural statistics in Africa (para. 306 of the report of that session).
163. Following the same procedure as that indicated by the Conference in connection with the establishment of the Near East Regional Commission on Agricultural Statistics, the African Regional Commission on Agricultural Statistics at its first session held in Tunis, from 28 to 29 October 1962, formulated provisions of its statutes, including terms of reference. These provisions were submitted to the Ninth Session of the Committee on Constitutional and Legal Matters (CCLM).
164. The Council, having considered the provisions formulated by the commission and the report of the CCLM, adopted the following resolution:
Resolution No. 4/40
AFRICAN REGIONAL COMMISSION ON AGRICULTURAL STATISTICS
THE COUNCIL
Considering
I. the recommendation of the Eleventh Session of the FAO Conference to the effect that a permanent commission to promote the improvement of agricultural statistics in Africa be immediately established, as set forth in para. 306 of the Report of that Session of the Conference,
II. the provisions of the statutes of the African Regional Commission on Agricultural Statistics as formulated by that Commission at its first session held at Tunis, 28 – 29 October 1962,
III. the terms of Article VI.1 of the FAO Constitution regarding the establishment of regional commissions by the Conference or Council,
Hereby promulgates the following provisions of the Statutes of the African Regional Commission on Agricultural Statistics.
Membership
1. Membership of the African Commission on Agricultural Statistics is open to all Member Nations and Associate Members of FAO whose territories are situated wholly or partly in the region concerned as defined by the Organization or who are responsible for the international relations of any non-self-governing territories in that region. Membership shall comprise such eligible nations as have notified the Director-General of the Organization of their desire to be considered as members.
Terms of reference
2. The terms of reference of the African Commission on Agricultural Statistics shall be to review the state of food and agricultural statistics in the region and advise Member Countries on the development and standardization of agricultural statistics within the general framework of FAO's work in statistics, and to convene study groups or other subsidiary bodies of national experts required for this purpose.
The terms of reference shall include in particular:
the formulation of the program of work of the commission in relation to the promotion and development of food and agricultural statistics including periodical agricultural censuses and food consumption surveys, and continuous surveys and controlled experiments for current information;
the setting-up of a scheme of priorities taking into consideration both the immediate requirements and the long-term development of agricultural statistics on a sound and permanent basis;
working out a minimum program of current agricultural statistics;
the formulation of recommendations regarding measures to be adopted by member countries for:
organizing research on statistical problems of common interest to countries in the region;
the formulation of recommendations regarding ways and means in which FAO could assist countries in the development of food and agricultural statistics including such measures as the organization of training centers, seminars; the promotion of fellowships; the provision of technical assistance through experts and regional statistical advisers; the promotion of research in statistical problems under local conditions;
the consideration of problems referred to the commission by the FAO Conference and Council and FAO regional conferences and the preparation of suitable reports including relevant recommendations;
the organization of technical discussions between natural experts on specific statistical problems related to the program of work of the Commission by convening working groups whose detailed terms of reference are to be worked out by the commission;
the compilation of data from Member Countries in relation to the program of work of the commission and its working groups;
the preparation of a summary report to the Director-General for presentation to the FAO Conference or Council incorporating the main recommendations of the commission particularly those on policy matters which require Conference or Council action.
Observers
3. Any Member Nation of the Organization and any Associate Member that is not a member of the commission but has a special interest in the work of the commission, may, upon request communicated to the Director-General of the Organization, attend as observer, sessions of the commission, and of its subsidiary bodies and ad hoc meetings.
4. Nations which while not Member Nations or Associate Members of the Organization are Members of the United Nations, may, upon their request, and with the approval of the Council of the Organization granted upon the recommendation of the commission, be invited to attend in an observer capacity the sessions of the commission, in accordance with the provisions relating to the granting of observer status to nations adopted by the Conference of the Organization.
International organizations
5. Participation of international organizations in the work of the commission and the relations between the commission and such organizations shall be governed by the relevant provisions of the Constitution and the General Rules of the Organization as well as by the rules on relations with international organizations adopted by the Conference or Council of the Organization. All such relations shall be dealt with by the Director-General of the Organization
Sessions
6. The commission shall hold at least one session every two years. The sessions of the commission shall be convened and the place where they are to be held shall be determined by the Director-General of the Organization after consultation with the competent authorities of the host country, taking into consideration the recommendations of the commission.
Reports
7. The commission shall report and make recommendations to the Council or the Conference through the Director-General of the Organization, it being understood that copies of its reports, including any conclusions and recommendations, will be circulated to interested Member Governments and international organizations for their information as soon as they become available.
8. Recommendations having policy, program or financial implications for the Organization shall be brought by the Director-General to the attention of the Conference or Council of the Organization for appropriate action.
9. Subject to the provision of the preceding paragraph, the Director-General of the Organization may request members of the commission to supply the commission with information on action taken on the basis of recommendations made by the commission.
Subsidiary bodies
10. The commission may establish such subsidiary bodies as it deems necessary for the accomplishment of its task, subject to the availability of the necessary funds in the relevant chapter of the approved budget of the Organization; the determination of such availability shall be made by the Director-General. Before taking any decision involving expenditure in connection with the establishment of subsidiary bodies, the commission must have before it a report from the Director-General on the administrative and financial implications thereof.
11. The terms of reference and reporting procedure of the subsidiary bodies shall be determined by the commission.
Expenses
12. Expenses incurred by representatives of members of the commission and of the observers while attending sessions of the commission shall be borne by the respective governments or organizations.
Languages
13. English and French shall be the working languages of the commission. Any representative using any other language than one of the working languages shall provide interpretation into one of the working languages.
Rules of procedure
14. The commission may adopt and amend its own rules of procedure which shall be in conformity with the Constitution and the General Rules of the Organization and with the statement of principles governing commissions and committees, adopted by the Conference. The rules of procedure and amendments thereto shall come into force upon approval by the Director-General subject to confirmation by the Council or Conference.
165. The Committee on Constitutional and Legal Matters (CCLM) at its Eighth Session noted that there was no specific provision in the FAO Constitution empowering FAO to establish, with other intergovernmental organizations, joint commissions whose membership might include members and associate members of the organizations concerned. The CCLM felt that, in order to avoid any possible ambiguity or controversy, it would be desirable to amend the Constitution so as to spell this out specifically.
166. The Thirty-Ninth Session of the Council decided that the CCLM should consider the matter again in order to determine, in the light of all the basic texts of the Organization and any other relevant considerations, whether any amendment to the Constitution was actually called for.
167. At the same time that session of the Council requested the CCLM to prepare, if necessary, for submission to the Fortieth Session of the Council, an appropriate draft amendment or amendments to Article VI of the FAO Constitution, covering the establishment not only of joint commissions but also of joint committees. The Council also requested the Director-General to communicate any proposed text or texts to Member Nations and Associate Members of the Organization as soon as they had been formulated by the CCLM, in order that Member Nations and Associate Members might receive ample notice of the nature of any proposed amendments.
168. The CCLM, having examined all the basic texts of the Organization and the systems obtaining in other organizations, reached the same conclusion as previously expressed, namely that, in order to avoid any possible ambiguity or controversy, amendments to the FAO Constitution were called for, and suggested the following amendments: (the words underlined are to be added and the words between brackets are to be deleted)
Article VI
COMMISSIONS, COMMITTEES, CONFERENCES, WORKING PARTIES AND CONSULTATIONS
1. The Conference or Council may establish commissions, the membership of which shall be open to all Member Nations and Associate Members, or regional commissions open to all Member Nations and Associate Members whose territories are situated wholly or in part in one or more regions, to advise on the formulation and implementation of policy and to co-ordinate the implementation of policy. The Conference or Council may also establish, in conjunction with other intergovernmental organizations, joint commissions open to all Member Nations and Associate Members of the Organization and of the other organizations concerned, or joint regional commissions open to Member Nations and Associate Members of the Organization and of the other organizations concerned, whose territories are situated wholly or in part in the region.
2. The Conference, the Council, or the Director-General on the authority of the Conference or Council, may establish committees and working parties to study and report on matters pertaining to the purpose of the Organization and consisting either of selected Member Nations and Associate Members, or of individuals appointed in their personal capacity because of their special competence in technical matters. The Conference, the Council, or the Director-General on the authority of the Conference or Council, may, in conjunction with other intergovernmental organizations, also establish joint committees and working parties, consisting either of selected Member Nations and Associate Members of the Organization and the other organizations concerned, or of individuals appointed in their personal capacity. The [Such] individuals referred to above, shall, as regards the Organization, be designated either by the Conference, the Council, selected Member Nations or Associate Members, or by the Director-General of the Organization, as decided by the establishing authority.
3. The Conference, the Council, or the Director-General on the authority of the Conference or Council shall determine the terms of reference and reporting procedures, as appropriate, of commissions, committees and working parties [so] established by the Conference, the Council, or the Director-General as the case may be. Such commissions and committees 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. The terms of reference and reporting procedures of joint commissions, committees and working parties established in conjunction with other intergovernmental organizations shall be determined in consultation with the other organizations concerned.
169. In accordance with the instructions of the Council, all Member Nations and Associate Members were informed of the proposed amendments by circular letter G/274 (PR) of 10 May 1963. The present session of the Council, after having considered the Report of the CCLM, concurred with the views expressed by that Committee regarding the desirability of amending Article VI, in order to include specific provisions concerning the establishment of joint bodies with other intergovernmental organizations.
170. The Council approved the amendments suggested by the CCLM and decided, in accordance with the provisions of Article XX.3 of the FAO Constitution, to formally propose them to the Conference for adoption.
171. However, the Council when considering para. 2 of Article VI, noted that the last sentence of that paragraph, as it appeared both in the provision at present in force and in the amended text suggested above, was incomplete in that it dealt only with the procedure for the designation of individuals appointed in their personal capacity. It gave no indication regarding the authority that would be responsible for the designation of the “selected” Member Nations and Associate Members that were to become members of the committees or working parties referred to in para. 2. The Council therefore decided to recommend in addition the substitution of the last sentence of para. 2 by the following two sentences:
"The selected Member Nations and Associate Members shall, as regards the Organization, be designated either by the Conference or the Council, or by the Director-General if so decided by the Conference or Council. The individuals appointed in their personal capacity shall, as regards the Organization, be designated either by the Conference, the Council, selected Member Nations or Associate Members, or by the Director-General, as decided by the Conference or Council".
172. The Council requested the Director-General to communicate immediately to all Member Nations and Associate Members, in accordance with the provisions of Article XX.3 of the FAO Constitution a consolidated text showing all the amendments to Article VI proposed by the Council.
173. At its Eighth Session, the Conference by Resolution No. 45/55 defined the Organization's legal obligations in respect of fellowships.
174. In the light of experience gained since 1956, the Director-General recommended and the Finance Committee concurred that this definition be now incorporated in the Financial Regulations.
175. The Council submitted the following amendment to Financial Regulation 4.3 for adoption by the Conference:
(Additions underlined; deletions in brackets)
F.R. 4.3 “Such portion of appropriations as may be required to meet the outstanding legal obligations as at the last day of the financial period shall remain available for 12 months, except that in the case of outstanding legal obligations in respect of fellowships the portion of the appropriation required shall remain available until the fellowship is completed or otherwise terminated. (at) At the end of (which period) 12 months, or in the case of fellowships at the termination of the fellowship, any remaining balances shall be credited to Miscellaneous Income of the current financial period. Any obligations (except for fellowships) remaining a valid claim at that time shall be charged against the appropriations of the current financial period”.
176. At its Thirty-Fifth Session in June 1961, the Council requested that the Finance Committee explore further, with the Director-General, the possibility of developing more precise criteria for determining the so-called nonmeasurable elements in the implementation of the bes prevailing rates concept in connection with future comprehensive wage surveys for the General Service staff in Rome.
177. The Council agreed with the conclusion of the Finance Committee, based on a comprehensive report by the Director-General, that the 4 percent figure (covering both the special competence factor and the nonmeasurable benefits), which was tentatively agreed upon by the Council for the next wage survey, should be changed to 6 percent.
178. The Council also noted that the Finance Committee would at a future session review the methods and procedures which the Organization proposed to apply in carrying out the 1964/65 comprehensive wage survey. The Committee would also consider with the Director-General the practicability of introducing, as requested by representatives of the staff, a “wage index” to be used between comprehensive surveys in place of the existing cost-of-living index approach.
179. On the basis of the latest information available from the International Labour Office (ILO), which compiles a special index regarding cost-of-living developments in Rome as they affect the post adjustment system for staff in the Professional category and above, the Council concurred with the Director-General's proposal, as endorsed by the Finance Committee, for the establishment of Rome as a class 2 duty station for post adjustment purposes, effective 1 February 1963. The Council noted that, if the current trend in the cost-of-living in Rome continued, another post adjustment might soon become due.
180. The Council also agreed with the recommendation of the Finance Committee that, taking into account the information available from ILO on cost-of-living in Rome, a non-pensionable 5 percent cost-of-living adjustment became due, also as of 1 February 1963, for both local and nonlocal General Service staff. The Council recalled that, under the procedure which it had previously adopted, the Director-General would modify, as of 1 January 1964, both the pensionable salary scales and the nonresidence allowance applicable for General Service category staff in Rome so as to incorporate the nonpensionable 5 percent cost-of-living adjustment which was payable during 1963.
181. The Council adopted the following resolution:
Resolution No. 5/40
POST AND COST-OF-LIVING ADJUSTMENTS
THE COUNCIL
Noting that, on the basis of the quarterly cost-of-living index maintained for international civil servants in Rome by the International Labour Office, the duty station Rome had passed, as of 1 February 1963, from Class 1 to Class 2 for post adjustment purposes and that as of that date an increased post adjustment was payable to staff in the Professional category and above,
Noting further that as of that date a 5 percent nonpensionable cost-of-living adjustment would be payable to the staff in the General Service category in accordance with the procedure which the Council approved at its Thirty-Fifth Session,
Concurs in the establishment of Rome as Class 2 for post adjustment purposes, effective as of 1 February 1963, for staff in the Professional category and above who are on the payroll on 1 June 1963, and
Concurs further in the recommendation of the Finance Committee for the payment of a nonpensionable 5 percent cost-of-living adjustment as of the same effective date for eligible staff in the General Service category in Rome who are on the payroll as of 1 June 1963.
182. The Council concurred in the proposal of the Director-General, as endorsed by the Finance Committee, that the cost during 1963 amounting to $299,000 of both the change from Class 1 to Class 2 in the post adjustment for the Professional category and above and the application of a nonpensionable 5 percent cost-of-living adjustment for the General Service staff should be covered as follows: $199,000 to be absorbed within the budgetary allocations of the 1962–63 biennium, using for this purpose savings from the application of the new travel standards, savings on salaries and the exercise of economies on other items; the balance of $100,000 to be withdrawn from the Working Capital Fund under Financial Regulation 6.2(a) (ii).
183. The Council concurred in the recommendation of the Finance Committee to propose to the Conference to reimburse the Working Capital Fund for this withdrawal through application of excess miscellaneous income above that originally budgeted for 1962/63. The Council accordingly adopted the following resolution:
Resolution No. 6/40
FINANCING POST AND COST-OF-LIVING ADJUSTMENTS
THE COUNCIL
Noting that the amount required in 1963 to cover the change in post adjustment for staff in the Professional category and above and the cost-of-living adjustment for General Service Staff at Headquarters has been estimated at $299,000, and
Noting also that the Director-General proposed to meet approximately $199,000 of this amount from savings in the 1962–63 budget,
Authorizes the Director-General to withdraw up to $100,000 from the Working Capital Fund to meet the remainder of the amount required.
184. The Council also recommended the following draft resolution to the Conference:
THE CONFERENCE
Noting that the Fortieth Session of the Council authorized a withdrawal from the Working Capital Fund of up to $100,000 to meet in part the unbudgeted expenditure resulting from the change in the post adjustment for staff in the Professional category and above and from the cost-of-living adjustment for General Service category staff at headquarters,
Noting also that in accordance with Financial Regulation 6.5(b) advances made from the Working Capital Fund shall be reimbursed by such method as the Conference determines, and
Further noting that Miscellaneous Income in 1962–63 has substantially exceeded the original estimate,
Decides that notwithstanding the provisions of Financial Regulations 6.1(b) an amount of up to $100,000 from the excess Miscellaneous Income of 1962–63 shall be used to reimburse the Working Capital Fund for the abovementioned withdrawal.
185. The Council considered the report of the 9th Session of the Finance Committee (CL 40/2, Section III), covering the financial matters on the Council agenda as brought up-to-date in Document CL 40/28.
186. The Council noted that as of 30 June 1963 the following amounts had been received:
| 1963 | Comparative figures for 1962 | |
| Current contributions | $ 7,737,238 | $ 8,139,214 |
| Arrears of contributions | 912,554 | 82,894 |
| Total | $ 8,649,792 | $ 8,222,108 |
187. The arrears position in shown in the following table:
| Member Government | 1956 | 1957 | 1958 | 1959 | 1960 | 1961 | 1962 | (1962 and prev. years) |
| $ | $ | $ | $ | $ | $ | $ | $ | |
| Afghanistan | - | - | - | - | - | - | 10,038 | 10,038 |
| Argentina | - | - | - | - | 134,032 | - | 178,265 | 312,297 |
| *Bolivia | 2,578 | 3,972 | 5,826 | 5,826 | 3,690 | 3,690 | 5,736 | 31,318 |
| Brazil | - | - | - | - | - | - | 18,724 | 18,724 |
| Chile | - | - | - | - | - | - | 50,190 | 50,190 |
| Colombia | - | - | - | - | - | - | 50,190 | 50,190 |
| Cuba | - | - | - | - | - | - | 43,020 | 43,020 |
| *Dominican Rep. | - | - | - | - | - | 6,458 | 10,039 | 16,496 |
| Ecuador | - | - | - | - | 1,444 | 1,880 | 11,472 | 14,796 |
| Guatemala | - | - | - | - | - | - | 10,038 | 10,038 |
| *Haiti | - | - | - | - | - | 3,690 | 5,736 | 9,426 |
| Honduras | - | - | - | - | - | - | 5,736 | 5,736 |
| Liberia | - | - | - | - | - | - | 5,736 | 5,736 |
| *Panama | - | - | - | - | - | 3,690 | 5,736 | 9,426 |
| *Paraguay | - | - | 3,322 | 3,329 | 3,690 | 3,690 | 5,736 | 19,767 |
| Peru | - | - | - | - | - | - | 7,890 | 7,890 |
| Syrian Arab Rep. | - | - | - | - | - | 1,752 | 3,093 | 4,845 |
| United Arab Rep. | - | - | - | - | - | - | 47,192 | 47,192 |
| Uruguay | - | - | - | - | - | 13,919 | 21,510 | 35,429 |
| *Yemen | - | - | - | - | 3,690 | 3,690 | 5,736 | 13,116 |
188. The Council noted with concern that the above table indicates that the six Member Nations marked with asterisks might be losing their voting rights in accordance with Art. III.4 of the Constitution at the coming session of the Conference unless they regularized their position in the immediate future. The Council also expressed concern at the increased amount of unpaid contributions generally, and felt that if this trend was allowed to continue, serious difficulties would arise in the execution of the Regular Program of the Organization with immediate implications for the operational programs, because it is the Regular Program which provides the planning and back-stopping of field operations. The Council agreed with the Finance Committee that further measures should be developed to secure payment from the defaulting countries and it authorized the Finance Committee to consider the matter further in consultation with the Director-General and to submit proposals to the Council designed to achieve this purpose.
189. The Council noted that experience showed that the waiving of Art. III.4 tended in practice to encourage a worsening of the arrears position. In the light of the above, the Council adopted the following resolution:
Resolution No. 7/40
ARREARS OF CONTRIBUTIONS
THE COUNCIL
Noting that a growing member of Member Nations of the Organization are in arrears with their contributions for a considerable period of time and six of them are in danger of losing their voting rights, and
Recognizing that the delay in the payment of contributions not only impairs the financial position of the Organization but also makes it difficult for the Organization to carry out its approved program,
Appeals to Member Nations concerned to ensure that all contributions to the Organization are paid promptly, and
Requests the Director-General to bring to the attention of the Member Nations concerned Article III, para. 4 of the Constitution, the text of which is as follows:
“Each Member Nation shall have only one vote. A Member Nation which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the Conference if the amount of its arrears equals or exceeds the amount of the contributions due from it for the two preceding calendar years. The Conference may, nevertheless, permit such a Member Nation to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member Nation”.
190. The Council noted that the outstanding advances due to the Working Capital Fund as at 30 June 1963 were rather less than $6,000.
191. The Council noted that during 1962 the Miscellaneous Income received by the Organization amounted to $511,357, thus exceeding the amount budgeted for the entire biennium 1962–63 ($510,800). The higher rate of Miscellaneous Income during 1962 was mainly due to favorable interest rates on bank deposits and to the early receipt in 1962 of some substantial contributions which allowed placement of larger amounts on interest-bearing deposit.
192. The Council had before it in Document CL 40/22 a provisional scale of contributions for the biennium 1964–65. It noted that in accordance with Resolution No. 42/55 of the Eighth Session of the Conference, the proposed Scale of Contributions for 1964–65 was based on the Scale of Assessments of the United Nations as approved by the General Assembly for the years 1962/63/64.
193. It also noted that while this provisional scale included adjustments arising from the change in the status of Tanganyika from associate to full membership, a further reduction of 0.01 percent each would be applied to the contributions of Canada, Philippines, Turkey and the United Kingdom, as a result of the accession of Jamaica to full membership. The proposed scale had not yet been adjusted to reflect the change in the status of Jamaica, because applications for membership of the Organization had now been received from Algeria, Uganda, Trinidad and Tobago, and in these cases the applicable percentage contribution scale had not yet been received from the United Nations Committee on Contributions. Consequently the Scale of Contributions for 1964–65 could not be completed at this time.
194. The Council recommended that the Conference adopt the scale given in Document CL 40/22, subject to the appropriate adjustments arising from the admission of new members.
195. The Director-General, with the concurrence of the Finance Committee and in line with the policy adopted by the Conference and Council that any “extra-budgetary” program should bear the additional costs involved, so as to avoid pressures on Regular Program resources (and in keeping with the principle set forth in Financial Regulation 6.7), has established a charge of 12 percent to cover the operational (technical) and administrative servicing costs on trust funds, but if the particular fund is established substantially for procurement of equipment, the charge is reduced to 5 percent.
196. The Council agreed with the Finance Committee that trust funds established for associate expert schemes and for FFHC projects should not be exempted from the standard operational and administrative servicing charges; nor would a reduction of the charges be justified. This was an aspect of the problem of the impact of field programs on the Regular Program, to which the Council refers in paras. 129 to 135 of this report, and in keeping with its views thereon, it felt that these types of trust funds fall within the scope of extra-budgetary operational activities that require considerable technical and administrative servicing and therefore should bear the resulting additional costs.
197. The Council also felt that an explanatory statement of the elements covered by the standard charges (see Appendix C) might serve a very useful purpose and avoid misconceptions and misunderstandings if made available to prospective sponsors of extra-budgetary activities from the outset of their negotiations with the Organization.
198. The Council noted with satisfaction the valuable and effective services of the present External Auditor and the recommendation of the Finance Committee, and decided to reappoint the Comptroller and Auditor-General of Great Britain as External Auditor of the Organization for an additional two years commencing with the accounts for the year 1964.
The Council adopted the following resolution:
Resolution No. 8/40
APPOINTMENT OF EXTERNAL AUDITOR
THE COUNCIL
Noting that the tenure of office of the present External Auditor of the Organization expires with the accounts for 1963,
Further noting that the Finance Committee recommended the reappointment of the present External Auditor of the Organization, and
Recognizing the continued valuable and effective services of the External Auditor,
Decides to re-appoint the Comptroller and Auditor-General of Great Britain as External Auditor of the Organization for an additional period of two years commencing with the accounts for the year 1964.
199. The Council noted the information provided by the Director-General through the Finance Committee regarding seven new fixed-term Professional posts which he had established in accordance with Rule XXIV.3(k) of the General Rules of the Organization, whereby the Council reviews action by the Director-General “in regard to new posts established in the Professional category of staff for which prior authority did not exist …” The Council agreed to delegate the review function of establishment of new Professional posts to the Finance Committee.
200. The Director-General reported on the steps taken by the Administrative Committee on Co-ordination (ACC), in collaboration with the International Civil Service Advisory Board (ICSAB), concerning a revision of the terms of reference of ICSAB to enable it to serve as an independent interorganization body to make judgments when problems arise in the administration of the common system of salaries and allowances.
201. The Council noted with satisfaction, as had the Finance Committee in the Report of its Ninth Session, that, although ICSAB would continue to function in an advisory capacity vis-à-vis the organizations, the proposals under way envisaged its playing a stronger and more active co-ordinating role in the establishment of a more effective common system. The Council fully endorsed both this general development and the specific measures being taken with regard to the terms of reference of ICSAB.
202. The Director-General informed the Council that he had decided to elevate a second Regional Representative to the personal rank of Assistant Director-General for Regional Affairs, in recognition of responsibilities additional to his duties as Regional Representative. While the incumbent of the post would be at the ADG level, the post of Regional Representative itself would continue to be classified at the D-2 level.
203. The Director-General indicated that this move was prompted by the expanding scope and complexity of the Organization's activities and relationships in the area concerned, and recognition of the need to provide sufficient status and standing to the Director-General's representative so as to further facilitate the authoritative and influential role which he could exert in the area, in the interest of both the Organization and the countries concerned.
204. The Director-General, taking cognizance of the organizational and structural aspects raised in the report of the Joint Session of the Program and Finance Committee - such as (a) the possibility of a demand for the extension of similar adjustments to other regions, (b) the bearing on the relationship between the regions and headquarters, and (c) the change implied in the organizational structure - had deferred implementing his decision until he could consider the matter with the Council.
205. In considering this action in relation to regional structure, the Council endorsed the proposal of the Program Committee to undertake a thorough evaluation with respect to the effectiveness of regional services within the existing organizational structure and responsibilities. Some delegates felt that, because of the budgetary and structural implications, the question of granting Assistant Director-General status, even on a personal basis, to a regional representative should be deferred until the Council had the benefit of the study. Others agreed with the Director-General that recent experience had indicated the desirability of the step which the Director-General contemplated, involving the strengthening of the current regional structure where there were particular pressures and delicate relationships, and did not feel that the organizational and budgetary consequences were such as to justify deferral until completion of the review.
206. In the light of the views expressed during the Council discussion, the Director-General stated that in taking action in the particular instance it was not his intention to extend this approach to any other regional office, at least until after the Council had before it the contemplated review of regional organization and relationships so that it might effectively evaluate the overall regional position.
207. The Council was pleased to note from the Report of the Joint Session of the Program and Finance Committees that, as a result of the special measures taken by the Director-General, and with the increasing co-operation of Member Governments and of national FAO committees and national Technical Assistance committees, the Organization's recruitment problems were being satisfactorily met. While a few difficult areas of recruitment remained in highly specialized fields and would probably exist for many years to come, all development programs had to live with the fact of worldwide shortage of certain specialized skills.
208. The Council shared the Director-General's appreciation of the co-operation of the Member Governments and of the committees mentioned above. The Council felt it useful to bring to the attention of governments, including those of relatively new member countries, the mutual advantages of facilitating the availability of their qualified personnel for service in other countries under international agency auspices. The Council also felt that it would strengthen the efforts of member countries to help the Director-General in dealing with specific recruitment action if he would provide through the Program and Finance Committees a study at the next regular session of the Council in 1964, giving guidance to member countries on the most effective means of ensuring that they are submitting to the Organization suitable candidates in terms of educational background, training, languages, age, and the physical and emotional qualities most suitable for international service.
209. The Council expressed its disappointment on receiving the Director-General's report that further delays in the construction of the new wing had been encountered, thus leading to an increasingly critical space situation at Headquarters and necessitating the leasing of additional outside premises at a cost of $50,000 for two years.
210. The Council recalled the assurances given by the Italian delegation at its Thirty-Ninth Session in October 1962, that three floors of the new wing would be completed and ready for occupancy by the spring of 1963. It had been hoped at that time that the whole building would be completed by the end of 1963.
211. The Director-General further reported that despite all his efforts to relieve the pressing shortage, additional office space would still be required over and above that already rented. He proposed, therefore, to convert a part of the Library to office use in order to avoid renting more offices outside the headquarters, with all the concomitant inconvenience. The proposed modifications, however, would entail additional expenditure. The Director-General would consult the Finance Committee and present his proposals for covering these costs as soon as plans for the modifications were completed.
212. The Italian delegation explained that labor shortages and rising costs had contributed to the delay in the completion of the new wing and gave assurances that every effort would be made to complete a major portion of the building before the Twelfth Session of the Conference. While welcoming these assurances and at the same time recognizing the generosity of the Host Government in providing accommodation for the Organization's headquarters, the Council pointed out that, if the whole of the new wing was not available by the end of the year, the additional expenses referred to in the preceding paragraph would become unavoidable.
213. Some delegates expressed concern that the air-conditioning system in the restaurant and cafeteria were inadequate and that the facilities were overcrowded to the point of congestion. It was explained to the Council that additional restaurant and cafeteria facilities were included in the new wing. However, if they did not become available by the time of the Conference session, serious difficulties would arise in providing the necessary catering services.
214. The Council took note of the budgetary implications of financing the cost of the additional outside premises to which reference is made in para. 209 namely that the $15,200 payable in the current biennium would be covered by an appropriate transfer from Contingencies and that the $34,800 payable in 1964/65 would be met from Chapter XI, that is, the Reserve to cover Possible Further Mandatory Increases.
215. The Council at its Thirty-Ninth Session in October 1962, in noting two specific instances involving personal upgradings on a merit basis from P-5 to D-1 “felt that for the future such an approach should be the subject of standard criteria, guidelines and procedures, to be developed by the Director-General with the possible assistance of experts and in consultation with the Program and Finance Committees”. The recommended standards and procedures were to be submitted to the Council.
216. The Council considered the Director-General's submission (CL/40/20) of suggested guidelines and procedures, together with the related statement in the Report of the Joint Session of the Program and Finance Committees (CL 40/2).
217. After an extensive exchange of views, the consensus of opinion in the Council was in accord with the view expressed in the report of the Joint Session, i.e. that “.... taking account of the need for further clarification on the intention of the Council as to the objectives and approach to the question of recognition of merit, the misgivings on the part of most members regarding a systematizing of the merit promotion concept along the lines set out in CL 40/20, and the possible repercussions of any action taken in this important area of personnel and staffing policy, the Council should defer making any decision on the proposed standard criteria, guidelines and procedures until a more comprehensive study of the broader question of recognition of merit could be made. Such a broader study would cover not only merit promotion as such, but also the practicability of other arrangements, including accelerated within-grade increments and merit awards in the form of special payments and suitable recognition and status for officers of outstanding reputation and authority, utilizing national experiences as appropriate.”
218. The Director-General emphasized that pending specific action by the Council, necessities of the Organization's developing programs and activities would require him to exercise, in larger measure than before, his authority under the Constitution and the General Rules of the Organization to make merit promotions.
219. The Council requested the Program and Finance Committees, in collaboration with the Director-General, to carry out a review along the lines suggested at their Joint Session, taking into account the points raised during the extensive discussions both at that session and at the current session of the Council.
220. In accordance with the terms of Rule XXXV. 1, of the General Rules of the Organization, the appointment of the Deputy Director-General is subject to confirmation by the Council.
221. The Council paid tribute to the outstanding services rendered by Dr. Norman C. Wright and gave expression of its esteem and appreciation in the following resolution which was unanimously adopted:
Resolution No. 9/40
RESIGNATION OF DR. NORMAN WRIGHT
THE COUNCIL
Noting with deep regret the decision of Dr. Norman Wright to relinquish the office of Deputy Director-General of the Organization,
Mindful of his long, active and effective association with the Organization first as delegate of the United Kingdom, as a member of the Coordinating Committee and as the Chairman of the latter, and also as Deputy Director-General of FAO,
Recognizing his very human approach to all the problems with which he was faced, his friendly attitude to all and at all times, his devotion to the cause of good international relations and to the purposes of the Organization,
Conveys to Dr. Wright its deep appreciation and gratitude for his outstanding contribution to the life and efforts of the Organization through the exercise of his many sterling qualities of intellect and heart which he brought to the performance of his duties,
Places on record its best and sincerest wishes for a successful continuation of his career in the capacity of Secretary of the British Association for the Advancement of Science to which he has been appointed and in which he will undoubtedly be able to maintain his association with FAO, and
Takes this opportunity of congratulating Dr. Wright on the signal honour which Her Majesty Queen Elizabeth has signified her intention of conferring upon him for his past services in the United Kingdom.
222. On the appointment of a new Deputy Director-General, the Council adopted the following resolution:
Resolution No. 10/40
APPOINTMENT OF MR. ORIS V. WELLS TO THE OFFICE OF DEPUTY DIRECTOR-GENERAL
THE COUNCIL
Noting the decision of the Director-General to appoint Mr. Oris V. Wells to fill the vacancy created by the resignation of Dr. Norman C. Wright and
Being aware of Mr. Wells' wide experience and familiarity with the affairs and activities of the Organization,
Confirms the appointment of Mr. Oris V. Wells to the office of Deputy Director-General of the Organization in accordance with the terms of Rule XXXV.1 of the General Rules of the Organization and
Conveys to Mr. Wells its satisfaction at his acceptance of the post.
223. The Council, under authority delegated by the Eighth Session of the Conference, appointed Mr. Maharaj Krishan, Agricultural Attaché of the Indian Embassy in Rome, an Alternate Member of the FAO Staff Pension Committee, representing the Conference, to serve for the unexpired term of Mr. Maxwell S. Strong (Canada), i.e. to 31 December 1963. The Council expressed its appreciation of the services Mr. Strong had rendered as a member of the Committee.
224. The Council at its Thirty-Fifth Session had adopted a statement on its functions and methods of work (Report of the Thirty-Fifth Session of the Council, paras. 100–124) and instructed that this statement be reprinted and distributed to governments with the agenda of Council sessions in order to ensure that Council delegates were fully informed of the action taken.
225. The Council had also then decided that after sufficient experience had been gained to test the efficacy of the various methods of work, the Council should reexamine the matter to see whether further improvements could be brought about.
226. On the proposal of the representative of the United States of America, the Council decided that at its 1964 session it would further review its methods of work, within the framework of the present Constitution, to see how far the decisions set out in the abovementioned statement had been put into effect, to consider the results obtained from the application of these decisions and to determine whether further improvements would be desirable.
227. It was noted that in the statement on functions and methods of work the Council had set out specific instructions for its Standing Committees (Program Committee, Finance Committee, Committee on Commodity Problems and Committee on Constitutional and Legal Matters), particularly with regard to the method of reporting back to the Council.
228. To facilitate the review to be undertaken at its 1964 session, the Council decided:
to establish a small Ad Hoc Committee on the Methods of Work of the Council, comprising representatives of governments currently Members of the Council, to meet prior to, during or immediately after the Twelfth Session of the Conference (at a suitable date between 4 November and 5 December 1963);
that each of the standing committees (Program Committee, Finance Committee, Committee on Commodity Problems and Committee on Constitutional and Legal Matters) should include in the agenda of its session to be held prior to the 1964 Council session the question of the extent to which the instructions of the Thirty-Fifth Session of the Council had been carried out by the particular Committee and what steps, if any, should be taken to ensure that these instructions are fulfilled; and
that the ad hoc committee would hold a second session immediately prior to the 1964 Council session to complete its report to the Council.
229. The matter would be on the agenda of the 1964 session of the Council.
230. The Council appointed the following members to the ad hoc committee: Brazil, India, Italy, Morocco, and United States of America, under the leadership of the United States of America. Any expenses of the government representatives participating in the two meetings proposed for the committee should be borne by the respective governments.
231. In accordance with para. 12 of the FAO Policy concerning Relations with International Nongovernmental Organizations (Basic Texts, Volume II, page 22), the Director-General reported that, because of the valuable and active co-operation afforded by the International Movement of Catholic Agricultural and Rural Youth (MIJARC) in recent years, he had decided to grant Specialized Consultative Status to this Organization, which since 1960 had already enjoyed Liaison Status. The Council took note of the Director-General's decision.
232. The Council decided to convene its Forty-First Session at FAO Headquarters in Rome on 11 November 1963 at 10.30 hours.
