201. The Council recalled that at its Fifty-Second Session it had endorsed the Programme Committee's request to the Director-General to undertake a review of the existing Statutory Bodies of the Organization in order to effect a gradual but substantial reduction in their number.
202. It noted that the Director-General had proposed to the Programme Committee at its Seventeenth and Eighteenth Sessions the immediate abolition of the following bodies:
Regional Commission on Animal Production and Health in Africa
FAO Working Party on Animal Production and Health in the Far East
FAO Working Party on Animal Production and Health in the Americas
Technical Panel on Forestry Equipment
Soil Correlation Committee for Latin America
FAO Commission on the Development of Grazing and Fodder Resources of the Near East
FAO Commission on Mediterranean Pasture and Fodder Development
FAO Working Party on Pasture and Fodder Development in Tropical America
FAO/IAEA Panel of Experts on the Application of Isotopes and Radiation to the Sterile Male Technique for the Control of Insect Pests
FAO/IAEA Panel of Experts on Radiation Contamination of Food
FAO/IAEA Panel of Experts on the Use of Isotopes and Radiation in Control of Parasitic and Associated Diseases in Domestic Animals
FAO/IAEA Panel of Experts on Radiation Disinfection of Stored Products
Working Party of Experts on Mediterranean Development
WHO/FAO Committee of Experts on Meat Hygiene
WHO/FAO Committee of Experts on Leptospirosis
Panel of Experts on Animal Breeding and Climatology
Panel of Experts of Blood Group Scientists
FAO Technical Working Party on Cocoa Production and Protection
FAO Commission on the Control of Olive Pests
FAO Committee on the Control of the Sunn Pest of Cereals
Panel of Experts on Agricultural Education
203. The Council noted that (1) above, the Regional Commission on Animal Production and Health in Africa, was proposed for abolition because other more flexible arrangements had been made to cover this field and a successful ad hoc Conference had been held at Kinshasa in 1969.
204. Some members considered that (18) above, the FAO Technical Working Party on Cocoa Production and Protection, should be maintained, as its work could not be satisfactorily handled by the recently established International Cocoa Research Conference which confined its activities mainly to research, whereas the FAO Working Party extended its scope into extension and training.
205. The Council noted that statutory bodies dealing with forestry would be thoroughly reviewed in the light of the proposal to establish a Standing Committee on Forestry.
206. Subject to the above comments, the Council agreed with the recommendations of the Programme Committee to abolish the 21 bodies.
207. The Council also noted that it seemed likely that six further bodies could be abolished at the end of the biennium. However, some members expressed reservations about the possible abolition of the ECA Working Party on Agrarian Structure and the ECA Working Party on Rural Sociological Problems.
208. The Council requested the Director-General to continue to ensure a strict application of the criteria established by the Fourteenth Session of the Conference when considering the establishment of new FAO Commissions, Committees and Working Parties and when considering the maintenance or abolition of existing ones. It also approved the following new criteria proposed by the Programme Committee at its Seventeenth Session:
Maintenance or abolition of statutory bodies should be considered essentially in the light of their achievements.
Requirements of regions, particularly those consisting of developing countries, should be taken into account when establishing and reviewing statutory bodies.
Convening in most cases of ad hoc meetings or seeking assistance from consultants would be preferable to the establishment of bodies of a permanent nature.
Before new bodies are proposed to the Conference and the Council for establishment it should be ascertained if other bodies covering the same or related fields could be abolished.
209. The Council received assurance that future issues of the Directory of FAO Statutory Bodies would be more informative on achievements, with particular reference to the approved criteria, to permit a better evaluation of the work of the various bodies.
210. At its Fifteenth Session (November 1969), the Conference had recommended that the Council “contemplate the possibility of changing the character of the Committee on Fisheries, whose current members were 34 Member Nations, to convert it into a Committee open to all interested nations.” 2
211. The Council, at its Fifty-Fourth Session (November 1969), had requested the Programme Committee to study the matter and report to its Fifty-Fifth Session, after consulting as required the Committee on Constitutional and Legal Matters (CCLM). 3
212. The Committee on Fisheries (COFI), at its Fifth Session (April 1970), had been informed of the action taken by the Conference and the Council. COFI had discussed the question of its membership in detail and was equally divided between those who favoured maintaining the procedures currently in force and those who wished to open the Committee to all interested Member Nations. 4
213. The Programme Committee at its Seventeenth Session (May 1970), had likewise found it difficult to come to a clear decision. In these circumstances, the Programme Committee had felt that the wisest course was to suggest the opening of the Committee on Fisheries on a trial basis and for a limited period, at the end of which the question should be reviewed. 5
214. The Committee on Constitutional and Legal Matters, at its Twenty-Second Session (October 1970), had considered the legal aspects of the Programme Committee's suggestion. Noting that the conversion of COFI into a committee open to all interested Member Nations - even for a trial period - would be at variance with the present text of Rule XXX of the General Rules of the Organization, the CCLM had considered that, in view of the temporary character of the intended change, a suspension of the Rule for the trial period would be the appropriate means to achieve the desired result. 6
215. The Council examined in detail the complex issues involved, especially the advantages and disadvantages that might result from a conversion of COFI into a committee open to all interested Member Nations.
216. Some members expressed doubts about the desirability of changing the status quo. They emphasized in particular that the present rule governing the composition of the Committee allowed for an adequate and balanced representation of Member Nations and had enabled the Committee to discharge its functions in an efficient manner. The members holding these views considered that it would be preferable to defer a decision concerning the composition of COFI until such time as sufficient experience had been acquired with the system of open membership now recommended with respect to the Committee on Forestry.
217. Most of the speakers, however, expressed themselves in favour of the solution proposed by the Programme Committee as embodied in the draft Resolution formulated by the CCLM. They felt that, in view of the large number of countries actively interested in fisheries, it was advisable to open the Committee on Fisheries to all countries. It was also pointed out that at present many nations, not members of COFI, were actively participating in its work as observers and that their participation as full members could only enhance the usefulness of the Committee.
218. It was generally agreed that every effort should be made to maintain the present efficacy of the Committee and to ensure that members of the Committee would be represented, as far as possible, by their most senior officers responsible for fisheries.
1 See also para. 67 above.
2 Report of the Fifteenth Session of the Conference, para. 456.
3 Report of the Fifty-Fourth Session of the Council, para. 9.
4 CL 55/19, paras. 78–81. See also paras. 138–147 above.
5 CL 55/3, paras. 65–69.
6 CL 55/8, paras. 11–22.
219. The Council endorsed the proposal of the Programme Committee and agreed that the Committee on Fisheries should be opened to all interested Member Nations for a trial period of four years. Therefore it recommended the following draft resolution, prepared by the CCLM, for adoption by the Conference:
DRAFT RESOLUTION FOR THE CONFERENCE
Change in the Structure of the Committee on Fisheries
THE CONFERENCE
Recalling the recommendation made at its Fifteenth Session to the effect that the Council contemplate the possibility of changing the character of the Committee on Fisheries, whose current membership consists of 34 Member Nations, by converting it into a committee open to all interested nations;
Having considered the recommendations made by the Council at its Fifth-Fifth Session with regard to the change in the structure of the Committee on Fisheries;
Decides that:
-I-
1. The Committee on Fisheries shall be open to all interested Member Nations for a trial period of four years, at the end of which the structure and composition of the Committee and the method of the appointment of its members shall be reviewed by the Conference.
2. The appointment of the members of the Committee shall be carried out in accordance with the following procedure:
The members of the Committee on Fisheries provided for in paragraph 6 of Article V of the Constitution shall be appointed by the Council for a period of two years at the session of the Council immediately following the regular session of the Conference.
The Committee shall be composed of those Member Nations which notify the Director-General in writing of their desire to be appointed as members of the Committee in view of their interest in the work of the Committee and their intention to participate actively, for a two-year period, in the efficient discharge of the Committee's mandate.
The Director-General shall determine and communicate to all Member Nations the date by which such notifications shall be made and shall submit a list of such notifications to the Council not later than on the day set by the Council for the appointment of the members of the Committee.
3. Members of the Committee should, as far as possible, be represented by their most senior officers responsible for fisheries.
-II-
The provisions of paragraphs 1, 2 and 3 of Rule XXX of the General Rules are hereby suspended in accordance with Rule XXXIX, paragraph 1 of the General Rules of the Organization, for a period of four years.
220. At its Fifteenth Session (November 1969), the Conference “stressed the need, within the FAO machinery, of a standing committee, wherein heads of forest services of all Member Nations could (a) conduct periodic reviews of forestry problems of an international character and appraise such problems with respect to possible effective action by FAO for their solution; and (b) advise the Director-General on the medium and long-term programme of work of the Organization in the field of forestry and on its implementation. Such a Committee should preferably meet early in the non-Conference years. The Conference requested the Council at its Fifty-Fifth Session to advise the Director-General how best to satisfy the foregoing wish of the Conference”.1
221. The matter was referred to the Programme Committee, which examined it in detail at its Seventeenth Session (May 1970). After considering the alternative constitutional means by which such a Committee could be established the Programme Committee “unanimously recommended that the expressed wish of the Conference could most appropriately be met by establishing a Committee on Forestry as a Standing Committee of the FAO Council under Article V, paragraph 6 of the Constitution”. The Programme Committee suggested that if the Council agreed with this recommendation it might, after consultation with the CCLM, wish to submit for the approval of the Conference at its Sixteenth Session appropriate amendments to the Constitution and to the General Rules of the Organization.2
1 Report of the Fifteenth Session of the Conference, para. 464.
2 CL 55/3, para. 73.
222. As regards the structure and composition of the proposed Committee on Forestry, the Programme Committee “recommended that Member Nations of the Committee on Forestry be appointed by the Council for a period of two years, and be composed of all those and only those Member Nations which had by a certain deadline (in advance of the Council Session at which the appointment of members is to take place) notified the Director-General of their interest in the work of the Committee and of their intention to participate actively in the efficient discharge of the Committee's mandate”. The Programme Committee stressed that “the new General Rule governing the composition and terms of reference of the Committee on Forestry should specify that Member Nations of the Committee should be represented by their most senior officers responsible for forestry.” 1
223. The CCLM at its Twenty-Second Session (October 1970) examined the question in the light of the Programme Committee's recommendations and concurred with the conclusion of that Committee that the most appropriate way to satisfy the wish of the Conference was to establish the Committee on Forestry as a Standing Committee of the Council under Article V, paragraph 6 of the Constitution.
224. The CCLM considered that, in order to establish the Committee on Forestry under Article V-6 of the Constitution, it would be necessary to add that Committee to the Standing Committees enumerated therein and to insert a new Rule, relating to the Committee on Forestry, in the General Rules of the Organization.2
1 CL 55/3, para. 74.
2 It would also be necessary to add to Rule XXV. 3(a) the Committee on
Fisheries which by an oversight had not been included in this provision
when the Committee on Fisheries was established.
225. Having regard to the conclusions and recommendations of the Programme Committee and the CCLM, the Council recommended the following draft resolution for adoption by the Conference:
DRAFT RESOLUTION FOR THE CONFERENCE
Committee on Forestry
THE CONFERENCE
Recalling that at its Fifteenth Session (November 1969), it “stressed the need within the FAO machinery, of a Standing Committee, wherein heads of forest services of all Member Nations could (a) conduct periodic reviews of forestry problems of an international character and appraise such problems with respect to possible effective action by FAO for their solution; and (b) to advise the Director-General on the medium and long-term programme of work of the Organization in the field of forestry and its implementation;”
Concurring with the recommendations of the Council that the objective stated by the Conference could most appropriately be met by establishing a Committee on Forestry as a standing Committee of the Council under the provisions of Article V, paragraph 6 of the FAO Constitution;
Further concurring with the recommendation of the Council that members of the Committee on Forestry be appointed by the Council for a period of two years, and that the Committee be composed of all those and only those Member Nations which notify the Director-General of their interest in the work of the Committee and of their intention to participate actively in the efficient discharge of the Committee's mandate;
Sharing the view of the Council that Member Nations of the Committee on Forestry should be represented as far as possible by their most senior officers responsible for forestry;
Adopts the following amendments to Article V, paragraph 6 of the Constitution (words underlined to be added):
“6. To assist the Council in performing its functions, the Council shall appoint a Programme Committee, a Finance Committee, a Committee on Commodity Problems, a Committee on Fisheries, a Committee on Forestry and a Committee on Constitutional and Legal Matters. These Committees shall report to the Council and their composition and terms of reference shall be governed by rules adopted by the Conference.”
Amends Rule XXV. 3(a) of the General Rules of the Organization to read as follows:
“3. (a) appoint a Finance Committee, a Programme Committee, a Committee on Commodity Problems, a Committee on Fisheries, a Committee on Forestry, and a Committee on Constitutional and Legal Matters”
Further amends the General Rules of the Organization by adding after Rule XXX a new Rule* the text of which shall read as follows:
RULE XXXI
Committee on Forestry
1. The members of the Committee on Forestry provided for in paragraph 6 of Article V of the Constitution shall be appointed by the Council for a period of two years at the session of the Council immediately following the regular session of the Conference. The Committee shall be composed of those Member Nations which notify the Director-General in writing of their desire to be appointed as members of the Committee in view of their interest in forestry and of their intention to participate actively in the efficient discharge of the Committee's mandate. The Director-General shall determine and communicate to all Member Nations a date by which such notifications shall be made and shall submit a list of such notifications to the Council not later than on the day set by the Council for the appointment of the members of the Committee.
2. Members of the Committee should as far as possible be represented by their most senior officers responsible for forestry.
3. The Committee shall determine the date and place of its sessions. Normally, the Committee shall hold one session during each biennium, to be convened by the Director-General in consultation with the Chairman of the Committee. The Committee shall preferably meet early in the non-Conference years.
4. If required, the Committee may hold additional sessions on the call of its Chairman or the Director-General or on request submitted in writing to the Director-General by the majority of the members of the Committee appointed by the Council under paragraph 1 above.
5. The Committee shall:
conduct periodic reviews of forestry of an international character and appraise such problems with a view to concerted action which could be undertaken by Member Nations and the Organization in order to resolve such problems;
review the programmes of work of the Organization in the field of forestry and their implementation;
advise the Director-General on the future programmes of work of the Organization in the field of forestry and on their implementation;
review specific matters relating to forestry referred to the Committee by the Council or the Director-General, or placed by the Committee on its Agenda at the request of a Member Nation in accordance with the rules of procedure of the Committee, and make recommendations as may be appropriate;
report to the Council and tender advice to the Director-General, as appropriate, on matters considered by the Committee.
6. Any recommendation adopted by the Committee which affects the programme or finances of the Organization shall be reported to the Council with the comments of the appropriate subsidiary committees of the Council. The reports of the Committee should, as in the case of certain other Committees established under Article V of the Constitution, also be placed before the Conference.
7. The Director-General or his representative shall participate in all meetings of the Committee and may be accompanied by such officers of the staff of the Organization as he may designate.
8. The Committee shall elect its own Chairman among its members. It may adopt and amend its own rules of procedure, which shall be consistent with the Constitution and the General Rules of the Organization.
9. The Committee may, when necessary, establish sub-committees, subsidiary working parties or study groups, subject to the necessary funds being available in the relevant chapter of the approved budget of the Organization, and may include in the membership of such sub-committees, subsidiary working parties or study groups Member Nations that are not members of the Committee and Associate Members. The Council may admit to membership of sub-committees, subsidiary working parties and study groups established by the Committee nations which, while not Member Nations or Associate Members of the Organization, are members of the United Nations. Former Member Nations of the Organization that have withdrawn leaving arrears of contributions shall not be admitted to membership of sub-Committees, subsidiary working parties and study groups until such time as they have paid up all such arrears, or the Conference has approved an arrangement for the settlement thereof, or unless the Council in special circumstances decides otherwise with respect to such admission.
10. The subsidiary bodies referred to in the preceding paragraph may adopt or amend their own rules of procedure, which shall be approved by the Committee on Forestry and shall be consistent with the rules of the Committee.
* All subsequent Rules being renumbered accordingly.
226. The Council was informed that the Director-General had established the FAO Olive Production Committee, the creation of which was authorized by Resolution 16/69 of the Fifteenth Conference Session.
227. The Statutes of the Committee were promulgated on 27 April 1970, and on 12 September 1970 the Director-General had requested all FAO olive-producing Member Governments to state by the end of November 1970 if they wished to become members of the Committee.
228. The Council noted the measures taken by the Director-General to implement the resolution on the FAO Olive Production Committee.
229. The Council took note of the explanation given in document CL 55/31 with regard to the amendments to Rule XII of the Rules of Procedure of the Codex Alimentarius Commission concerning the languages of the Commission. The amendments had been adopted by the Commission at its Seventh Session in order to remove any doubt as to the languages of the Commission, namely, English, French and Spanish. Having been informed of the views of the Commission and that the amendments had had the approval of the Director-General of FAO and WHO, the Council confirmed the amendments to Rule XII as contained in the text of the Rule in paragraph 7 of document CL 55/31.
230. The Council considered a report of the Codex Alimentarius Commission contained in paragraph 13 of document CL 55/31 on action taken by the Commission on the suggestion of the Fifteenth Conference Session of FAO that the Commission should re-examine 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 Commission. The Commission's report set out the two main divergent points of view held by members of the Commission on the subject of regional standards and also pointed out that, in a roll-call vote, although a majority had favoured an amendment to Rule VI.3 to make the Commission fully master of its own programme of work within the limits of its budget, it had not been possible for such an amendment to be adopted by the Commission as it had failed to secure the two-thirds majority required under Rule XIII.1. The Council recommended to the Sixteenth Session of the Conference that the report of the Commission on this matter be accepted and that the appropriateness and the timing of any amendment to Rule VI.3 dealing with this matter might best be judged by the Commission.
231. The Council noted that the procedures of the Joint FAO/WHO Committee of Government Experts on the Code of Principles concerning Milk and Milk Products had now been fully aligned with those of the Codex Alimentarius Commission as had been requested by the Fourteenth Session of the Conference. The Council recommended that the Sixteenth Session of the Conference be advised of this.
232. The Council examined document CL 55/55, setting forth the amendments to Rule III of the Rules of Procedure of the European Commission on Agriculture (ECA) which had been adopted by the Commission at its Seventeenth Session and subsequently approved by the Director-General. The amendments provided, in substance, for the election of two alternate members of the Executive Committee, in addition to the regular members.
233. The Council requested the CCLM to study the wording of the draft amendment to Rule III and to consider whether any further amendments to that text were desirable.
234. In Annex I to document CL 55/34 the Council examined the text of a draft agreement for the Establishment of a Commission for Controlling the Desert Locust in North-West Africa. This draft agreement, for the establishment of a commission under Article XIV of the Constitution, had been prepared by the Director-General at the request of interested Governments and had been reviewed in March 1970 by the FAO North-West African Desert Locust Research and Control Coordination Sub-Committee which had acted as the technical meeting required under Article XIV-3(a) of the Constitution.
235. The text of the draft agreement had been submitted by the Director-General to the Committee on Constitutional and Legal Matters (CCLM), in accordance with Rule XXXI-3(b) of the General Rules of the Organization, and to the Programme and Finance Committees. The CCLM's observations and the amendments that it had proposed to this text were submitted to the Council in the Report of its Twenty-Second Session 1. The observations of the Programme Committee were contained in the Report of its Eighteenth Session 2 and the observations of the Finance Committee were contained in the Report of its Twenty-Fourth Session 3. The Council suggested that its consideration of future draft agreements would be facilitated if a single text incorporating all amendments proposed by its standing Committees were presented to it.
236. In examining the provisions of the draft agreement the Council noted that, in accordance with paragraph 33(c)(i) of the Principles and Procedures adopted by the Conference applicable to bodies set up under Article XIV of the Constitution 4, Article IV-4(b) of the draft agreement provided that the Commission's programme and budget should be submitted to the Council prior to implementation. The Council agreed with the CCLM that flexibility should be exercised in the application of Article IV-4(b), in order to enable the Commission, and other bodies having similar functions, to act expeditiously and effectively when unforeseen situations arose.
237. The Council, in accordance with Article XIV-2 of the Constitution, approved the text of the draft agreement reproduced as Annex I to document CL 55/34 with the amendments proposed by the CCLM in document CL 55/8 5, and adopted the following resolution:
Resolution 4/55
AGREEMENT FOR THE ESTABLISHMENT OF A COMMISSION FOR CONTROLLING THE DESERT LOCUST IN NORTH-WEST AFRICA
THE COUNCIL
Considering the wish expressed by Member Nations in North-West Africa that a Commission for Controlling the Desert Locust in North-West Africa be established within the framework of FAO under Article XIV of the Constitution;
Having examined the text of a draft Agreement for the establishment of such a Commission, which had been considered by interested Member Nations at the Fourth Session of the FAO North-West African Desert Locust Research and Control Coordination Sub-Committee held in Rabat in March 1970;
Having considered the Reports of the Twenty-Second Session of the CCLM, the Eighteenth Session of the Programme Committee and the Twenty-Fourth Session of the Finance Committee insofar as they related to the draft agreement for the establishment of such a Commission;
Approves, for submission to Member Nations with a view to their acceptance, the text of an Agreement for the establishment, under Article XIV of the Constitution, of a Commission for Controlling the Desert Locust in North-West Africa, which text is reproduced as Appendix G to this Report.
238. The Council noted that upon entry into force of the Agreement for the Control of the Desert Locust in North-West Africa the continued existence of the FAO North-West African Desert Locust Research and Control Coordination Sub-Committee (a subsidiary body of the FAO Desert Locust Control Committee) would cease to be necessary, and requested that, upon its abolition, measures be taken to transfer any balance in Trust Fund No. 169 to the Trust Fund out of which the activities of the newly established commission would be financed by its members.
1 CL 55/8.
2 CL 55/5, paras. 78–79.
3 CL 55/6, paras. 111–114.
4 FAO Basic Texts, Volume II, Section VII.
5 The final text of this agreement, incorporating the amendments proposed by the CCLM, is reproduced as Appendix G to the present report.
239. The Council was informed that the Director-General, in accordance with paragraph B-2 of the Statement of Principles Relating to the Granting of Observer Status to Nations1, had invited the following non-member nations, members of the United Nations, to attend FAO sessions
| Singapore | - | ESC 810 | Committee on Commodity Problems (45th Session), Rome, 19–30 October 1970 |
| USSR | - | AGA 832 | European Commission for the Control of Foot-and-Mouth Disease (17th Session), Rome, 18–20 March 1970 |
| USSR | - | FI 801 | Committee on Fisheries (5th Session), Rome, 9–15 April 1970 |
| USSR | - | FI 810 | Indian Ocean Fisheries Commission (2nd Session), Rome, 26–30 October 1970 |
| USSR | - | FI 853 | Committee on Fisheries (4th Session), Rome, 14–19 April 1969 |
240. The Council authorized the Director-General to invite the USSR to attend in an observer capacity the following FAO sessions provided that that Government were to request such an invitation:
| AGA 865 | European Commission for the Control of Foot-and-Mouth Disease (18th Session), March 1971 | ||
| FI 839 | FAO Fisheries Committee for the East Central Atlantic (2nd Session), March 1971 | ||
| FI 835 | Committee on Fisheries (6th Session), April 1971 |
241. By Resolution 31/67 of the Fourteenth Session of the Conference, the Director-General was appointed for a period of four years, from 1 January 1968, the term-of-office expiring on 31 December 1971. Under Rule XXXIII.1(a) of the General Rules of the Organization (GRO) it was necessary for the Council to set the dates for nominations for the office of the Director-General.
242. The Council decided that nominations for the office of Director-General should be communicated to the Secretary-General of the Conference by 15 April 1971, and that such nominations should be circulated by the Secretary-General to all Member Nations and Associate Members of the Organization by 1 May 1971.
243. In connection with the consideration of the dates referred to above, one member made a statement with regard to the term-of-office of the Director-General. He pointed out that, pursuant to the provisions of Article VII of the Constitution, the Director-General, after having served for a term of four years was eligible for reelection for two successive terms of two years. Having explained certain disadvantages inherent in these provisions, he suggested that consideration be given to the desirability of amending them to the effect that the two successive terms of two years be replaced by a four-year term. Alternatively, he suggested that provision be made for a single term-of-office of six years not renewable; this, however, would not affect the present incumbent.
244. The Chairman of the Council pointed out that this was a matter for the Conference. Proposals for amendments to the Constitution may be made either by the Council or by any Member Nation provided that the proposal is dispatched to Member Nations and Associate Members at least 120 days before the opening of the session of the Conference at which it is to be considered. 1
1 Article XX, paras. 3 and 4 of the Constitution. See also paras. 245–246 below.
245. Sixteen members of the Council introduced a proposal 1 to the effect that Article VII of the FAO Constitution should be amended to provide that the Director-General would be appointed for a term of six years, and would not be eligible for re-appointment; the proposed amendment would not apply to the present incumbent.
246. The Council referred the proposal to the CCLM and requested it to consider the legal and constitutional aspects of this question in the light of the proposal. The CCLM was requested to report on this matter to the next session of the Council and submit any relevant draft amendments.
1 CL 55/LIM/11 and CL 55/LIM/11-Rev. 1. See also paras. 243–244 above.
247. The Chairman of the Committee on Constitutional and Legal Matters (CCLM) informed the Council that some discussion had taken place in the CCLM on matters relating to its functions and activities and, more particularly, on the question whether it would be desirable for the CCLM to examine the Basic Texts of the Organization with a view to eliminating possible inconsistencies.
248. It was pointed out by the Chairman of the Council and several members that, under Rule XXXI-3 of the General Rules of the Organization (GRO) as at present in force, the CCLM could consider only matters referred to it by the Council or the Director-General. If the CCLM were to be given authority to consider, on its own initiative, any matters within its terms of reference, the aforementioned Rules would have to be amended accordingly.
249. Some members were in favour of this approach, on the understanding that the CCLM would continue to give priority attention to matters referred to it by the Council or the Director-General. Other members felt that any problems arising out of the interpretation of the Basic Texts or any inconsistencies in these texts could be referred to the CCLM by the Director-General and that therefore a broadening of its mandate seemed unnecessary.
250. The Council suggested that the Director-General examine, in consultation with the CCLM, the Basic Texts of the Organization and report to the Council on any inconsistencies contained therein and any problems arising from the application of the Basic Texts. The Council felt that, at this stage, it was not necessary to examine the question whether it would be desirable to authorize the CCLM to consider, on its own initiative, matters falling within its terms of reference as set out in Rule XXXI-3 of the General Rules of the Organization.
