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The Food and Agriculture Organization of the United Nations hereinafter referred to as FAO and the Office International des Épizooties (World Organisation for Animal Health), hereinafter referred to as the OIE, wishing to co-ordinate their efforts in the control of animal diseases and safety of food within the framework of their respective mandates, agree to the following:

Article I

1.1 FAO and OIE agree to co-operate closely in matters of common interest pertaining to their respective fields of competence.

1.2 For the purposes of the present Agreement:

- “animal” includes livestock, birds, wild fauna, bees, companion animals, fish and other aquatic animals;
- “agriculture” includes crops, livestock, fisheries and forestry.

Article II

2.1 The OIE is primarily responsible for the:

1. Establishment of standards, guidelines and recommendations relevant to animal diseases and zoonoses in accordance with its Statutes and as defined in the WTO-SPS Agreement.
2. Development and updating of international science-based reference standards and validation of diagnostic tests published in the Terrestrial Animal Health Code, Aquatic Animal Health Code, Manual of Diagnostic Tests and Vaccines for Terrestrial Animals and Manual of Diagnostic Tests for Aquatic Animals;

2.2 FAO is primarily responsible for the:

1. Establishment of guidelines and recommendations on good agricultural practices relevant to the management of animal diseases and zoonoses;
2. Development of programmes and coordination of activities with other relevant organizations for the effective prevention and progressive control of important animal diseases, including promotion of the collection and analysis of information on the national distribution and impact of these diseases, and provision of relevant technical assistance, particularly in developing countries;
3. Establishment of international food safety standards, guidelines and other recommendations through the FAO/WHO Codex Alimentarius Commission in accordance with its Statutes and as defined in the WTO-SPS agreement;

2.3 The following activities are object of joint action:

1. Development and maintenance of an appropriate early warning and surveillance system for major animal diseases, and using official OIE sanitary and scientific information as well as other relevant sources of disease information, through a permanent coordinated approach by the major partners of a Global Early Warning and Early Response System;
2. Joint development of international standards relating to those aspects in animal production which impact on food safety, in collaboration with other relevant international agencies.
3. International promotion and co-ordination of veterinary and other related research activities on animal diseases and zoonoses and those aspects in animal production which impact on food safety;
4. Elaboration of regional and international strategies and assist in the negotiation of agreements for the effective prevention and progressive control of animal diseases and zoonoses;
5. Internet portal implemented by FAO on international regulations regarding biosecurity related to animal diseases and zoonoses
6. Provide expert advice on matters covered by this agreement;
7. Organising strategic meetings, conferences, committees, working groups and task forces on those aspects in animal production which impact on food safety control policies and programmes of both a regional and global scope;
8. Assisting, on request, countries in developing their veterinary education, veterinary services (or other competent authorities) and extension services;
9. Dissemination by publication and other means of technical information related to research, control methods, and those aspects in animal production which impact on food safety.

Article III

FAO and the OIE jointly collaborate, in particular, by the following means:

1. Reciprocal exchange of reports, publications and information including incidence of animal diseases and zoonoses. Special arrangements may be made by the Director General of FAO and the Director General of the OIE for the collection and analysis of relevant information from any Member Country and distribution of this information to governments of those countries which are not members of one or the other party;
2. Participation of each party in the relevant meetings and conferences of the other, with the right to take part in the discussions on a consultative basis. The two parties agree to avoid holding of meetings and conferences dealing with matters of mutual interest without prior consultation of the other party.
3. Each party may submit to the other proposals for technical consultation or specific action related to subjects of common interest;
4. Continuous consultation and concerted effort by the Director-General of FAO and the Director General of the OIE to reach the same or closely connected objectives and to avoid duplication.
5. Mutual consultation by the Director-General of FAO and the Director General of the OIE on matters of common interest, with a view to promoting arrangements for joint action in specific fields;
6. Adoption by the Director General of FAO and the Director-General of the OIE of appropriate administrative arrangements necessary to implement these policies, including exchange of experts, and cross-training of personnel.

Article IV

To promote efficiency and avoid duplication, FAO and the OIE shall, in the course of the preparation of their respective programmes of activity, in so far as they pertain to the present Agreement, submit to each other their draft programmes for comment and coordination, and each party shall take into account to the extent possible the recommendations of the other. Additionally, FAO and the OIE shall convene one annual co-ordination meeting of high level officials of each party.

Article V

Both parties may request that the present Agreement be amended. Any such amendment shall be adopted by mutual consent. An exchange of letters will detail the implementation of this agreement.

Article VI

The present Agreement supersedes the Agreement concluded previously between FAO and the OIE.

The Contracting Parties,

Considering that EUROFISH was established with the assistance of FAO as an independent international organisation by an agreement, adopted by a Conference of Plenipotentiaries convened by the Director-General of FAO on 23 May 2000, which entered into force on 12 October 2001, and for which the Director-General of FAO is the Depositary;

Considering that Article 13, paragraph 1 of the Agreement for the Establishment of the International Organisation for the Development of Fisheries in Eastern and Central Europe (EUROFISH) provides that “there should be a working relationship between EUROFISH and the Food and Agriculture Organization of the United Nations. To this end, EUROFISH shall enter into negotiations with the Food and Agriculture Organization of the United Nations with a view to concluding an agreement pursuant to Article XIII of the Constitution of the Organization. Such agreement should provide, inter alia, for the Director-General of FAO to appoint a Representative who would participate in all meetings of EUROFISH, but without the right to vote”;

Considering also that the Governing Council of EUROFISH, at its First Regular Session, on 20 and 21 January 2002, decided that EUROFISH would enter into negotiations with FAO with a view to formalizing the cooperation between the two organizations;

Considering further that Article XIII, paragraph 1 of the FAO Constitution states that “in order to provide for close cooperation between the Organization and other international organizations with related responsibilities, the Conference may enter into agreements with the competent authorities of such organizations, defining the distribution of responsibilities and methods of cooperation”;

Recognizing the interest which FAO has in the promotion of cooperation for the development of fisheries in Eastern and Central Europe and in supporting the objectives of EUROFISH.

Have agreed as follows:

1. An ongoing cooperation shall be established and maintained between EUROFISH and FAO.
    
2. FAO shall participate in meetings of the Governing Council of EUROFISH, as well as in other technical meetings of EUROFISH, as an observer.
    

3. EUROFISH shall be invited to participate in the sessions of the Conference and the Council of FAO, the Committee on Fisheries (COFI), the COFI Sub-Committee on Aquaculture, the COFI Sub-Committee on Trade, the FAO Regional Conference for Europe and the European Inland Fisheries Advisory Commission, in an observer capacity.
    

4. FAO staff members will continue to assist EUROFISH as technical advisers.
    
5. FAO shall, as far as possible, and in conformity with the constitutional instruments and decisions of its competent bodies, give due consideration to requests for additional technical assistance made by EUROFISH.
    
6. As far as possible, FAO will use EUROFISH as an executing agency for projects on fishery marketing in Eastern and Central Europe. As appropriate, FAO will give due consideration to using EUROFISH to execute activities within the mandate of both organizations.
    
7. EUROFISH and FAO may, in appropriate cases, agree to convene under their auspices, according to arrangements to be made in each particular case, joint meetings concerning matters of interest to both organizations. In addition, EUROFISH and FAO may, when they consider it desirable, set up joint committees or working parties, on conditions to be mutually agreed in each case, to consider matters of common interest.
    
8. EUROFISH and FAO may, through special arrangements, decide upon joint action with a view to attaining objects of common interest.
    
9. Subject to such arrangements as may be necessary for the safeguarding of classified material, EUROFISH and FAO shall arrange for the fullest exchange of information and documents concerning matters of common interest.
    
10. The Fishery Industries Division and GLOBEFISH at FAO Headquarters in Rome will serve as focal point for liaison between EUROFISH and FAO.
     
11. The Contracting Parties may decide by mutual agreement to extend the scope of their cooperation as appropriate.

Entry into force

The present Agreement shall enter into force as soon as it has been approved by the appropriate Governing Bodies of both organizations.

RESOLUTION .../2003

THE NUMBER AND LENGTH OF TERMS OF OFFICE OF THE DIRECTOR-GENERAL (ARTICLE VII.1 OF THE CONSTITUTION OF FAO)

THE CONFERENCE,

Recalling the decision taken by the Council, at its Hundred and Twenty-third Session, held from 28 October to 1 November 2002, regarding the question of the number and length of terms of office of the Director-General, Article VII.1 of the Constitution;

Having considered that, at its Hundred and Twenty-fourth Session, held from 23 to 28 June 2003, the Council accepted the report of the Group of “Friends of the Chair”, document CL 124/INF/22, and agreed to transmit the proposed amendment to Article VII.1 of the Constitution that the “Director-General should be appointed for a term o f six years, renewable only once for a further term of four years”, to the Committee on Constitutional and Legal Matters, at its Seventy-fifth Session, in October 2003, along with document CL 124/INF/22 before being submitted to the Thirty-second Session of the Conference for adoption;

Having further considered the report of the Seventy-fifth Session of the Committee on Constitutional and Legal Matters, held on 6 and 7 October 2003, as well as the Report of the Hundred and Twenty-fifth Session of the Council, held from 26 to 28 November 2003;

1.     Decides to amend Article VII, paragraph 1, of the Constitution as follows:

“1. There shall be a Director-General of the Organization who shall be appointed by the Conference for a term of six years. He shall be eligible for reappointment only once for a further term of four years.”

2.     Decides that the revision of Article VII, paragraph 1, of the Constitution shall apply to the election at the Thirty-third Session of the Conference in 2005 and govern the mandates of the Directors-General from 1 January 2006.

(Adopted on ... December 2003)

 RESOLUTION .../2003

AMENDMENT TO REGULATION VI OF THE FINANCIAL REGULATIONS (FUNDS UNDER PARTNERSHIP IN DEVELOPMENT PROJECTS)

THE CONFERENCE,

Recalling that the Finance Committee, at its Hundred-and-second Session, held from 5 to 9 May 2003, endorsed a proposal that the Financial Regulations be amended in order to reflect the requirement that the Director-General, when entering into negotiations with concerned governments and national institutions, in connection with Funds under Partnership in Development Agreements should satisfy himself that adequate controls are in place;

Noting that the Committee on Constitutional and Legal Matters, at its Seventy-fifth Session, held on 6 and 7 October 2003, reviewed the proposed amendment to the Financial Regulations;

Noting further that the Council, at its Hundred and Twenty-fifth Session, held from 26 to 28 November 2003, approved the proposed amendment and recommended its adoption by the Conference at its Thirty-second Session;

1.     Adopts new Financial Regulation 6.8, as follows:

“The Director-General may enter into agreements with governments and donors providing for technical assistance in the context of development projects to be executed/ implemented by the beneficiary government or other national entity. Under these modalities, referred to below as projects under Partnership in Development Agreements, the following shall apply:

(a) Where the funds are to be held and managed by the government or other national entity under national execution or implementation arrangements, FAO’s participation shall be separately reported to the Finance Committee as Funds under Partnership in Development Agreements, and such funds shall not be included in the Financial Statements of the Organization.

(b) Where the funds are to be held in trust by FAO and transferred to the government or other national entity for the implementation of agreed activities, the funds shall be reported to the Finance Committee in the Financial Statements of the Organization as Funds held in Trust on behalf of beneficiary governments under Partnership in Development Agreements and shall be subject to the internal and external auditing procedures of the Organization. Funds held in trust by FAO that are subject to national implementation shall be expended in accordance with the national regulations and rules of the implementing government and shall be subject to certification by the responsible national authorities, provided that the Director-General shall satisfy himself before entering into the agreement with the government that such regulations and rules are consistent with the Financial Regulations of the Organization and provide adequate controls over the expenditure of the funds. These projects under Partnership in Development Agreements shall be subject to audit at least once a year by an independent auditor appointed with the agreement of both the government concerned and the Organization in accordance with the respective agreements.”

2.     Decides that subsequent paragraphs of Financial Regulation VI are to be re-numbered accordingly.

(Adopted on ... December 2003)