CL 113/Report

APPENDIX G

REVISED TEXT INCORPORATING THE AMENDMENTS TO THE AGREEMENT FOR THE ESTABLISHMENT OF THE GENERAL FISHERIES COMMISSION FOR THE MEDITERRANEAN

Taking account of the relevant provisions of the United Nations Convention on the Law of the Sea which entered into force on 16 November, 1994 (hereafter referred to as the United Nations Convention) and which requires all members of the international community to cooperate in the conservation and management of the living marine resources,

Noting also the objectives and purposes stated in Chapter 17 of Agenda 21 adopted by the United Nations Conference on Environment and Development, 1992 and the Code of Conduct for Responsible Fisheries adopted by the FAO Conference in 1995,

Noting also that other international instruments have been negotiated concerning the conservation and management of certain fish stocks,

Having a mutual interest in the development and proper utilization of the living marine resources in the Mediterranean and the Black Sea and connecting waters (hereafter referred to as the Region) and desiring to further the attainment of their objectives through international cooperation which would be furthered by the establishment of a General Fisheries Commission for the Mediterranean,

Recognizing the importance of fisheries conservation and management in the Region and of promoting cooperation to that effect,

1. The Contracting Parties hereby establish within the framework of the Food and Agriculture Organization of the United Nations (hereinafter referred to as "the Organization") a Commission to be known as the General Fisheries Commission for the Mediterranean (hereinafter referred to as "the Commission"), for the purpose of exercising the functions and discharging the responsibilities set forth in Article III below.

2. The Members of the Commission shall be such Members and Associate Members of the Organization and such non-member States as are members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency, that are:

and which accept this Agreement in accordance with the provisions of Article XI below, it being understood that these provisions shall not affect the membership status in the Commission of such States that are not members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency as may have become parties to this Agreement prior to 22 May 1963. As regards Associate Members, this Agreement shall, in accordance with the provisions of Article XIV.5 of the Constitution and Rule XXI.3 of the General Rules of the Organization, be submitted by the Organization to the authority having responsibility for the international relations of such Associate Members.

1. Each Member shall be represented at sessions of the Commission by one delegate, who may be accompanied by an alternate and by experts and advisers. Participation in meetings of the Commission by alternates, experts, and advisers shall not entail the right to vote, except in the case of an alternate who is acting in the place of a delegate during his absence.

2. Subject to paragraph 3, each Member shall have one vote. Decisions of the Commission shall be taken by a majority of the votes cast, except as otherwise provided by this Agreement. A majority of the total membership of the Commission shall constitute a quorum.

3. A Regional Economic Integration Organization that is a Member of the Commission shall be entitled to exercise in any meeting of the Commission or of any subsidiary body of the Commission a number of votes equal to the number of its Member States that are entitled to vote in such meeting.

4. A Regional Economic Integration Organization that is a Member of the Commission shall exercise its membership rights on an alternative basis with its member States that are Members of the Commission in the areas of their respective competence. Whenever a Regional Economic Integration Organization that is a Member of the Commission exercises its right to vote, its member States shall not exercise theirs, and conversely.

5. Any Member of the Commission may request a Regional Economic Integration Organization that is a Member of the Commission or its member States that are Members of the Commission to provide information as to which, as between the Member Organization and its member States, has competence in respect of any specific question. The Regional Economic Integration Organization or the member States concerned shall provide this information on such request.

6. Before any meeting of the Commission or a subsidiary body of the Commission, a Regional Economic Integration Organization that is a Member of the Commission, or its member States that are Members of the Commission shall indicate which, as between the Regional Economic Integration Organization and its Member States, has competence in respect to any specific question to be considered in the meeting and which, as between the Regional Economic Integration Organization and its member States, shall exercise the right to vote in respect of each particular agenda item. Nothing in this paragraph shall prevent a Regional Economic Integration Organization that is a Member of the Commission or its member States that are Members of the Commission from making a single declaration for the purposes of this paragraph, which declaration shall remain in force for questions and agenda items to be considered at all subsequent meetings subject to such exceptions or modifications as may be indicated before any individual meeting.

7. In cases where an agenda item covers both matters in respect of which competence has been transferred to the Regional Economic Integration Organization and matters which lie within the competence of its member States, both the Regional Economic Integration Organization and its member States may participate in the discussions. In such cases the meeting, in arriving at its decisions, shall take into account only the intervention of the Member which has the right to vote.

8. For the purpose of determining a quorum of any meeting of the Commission, the delegation of a Regional Economic Integration Organization that is a Member of the Commission shall be counted to the extent that it is entitled to vote in the meeting in respect of which the quorum is sought.

10. The Chairman of the Commission shall normally convene a regular session of the Commission every year unless otherwise directed by a majority of the Members. The site and date of all sessions shall be determined by the Commission in consultation with the Director-General of the Organization.

11. The seat of the Commission shall be at the headquarters of the Organization in Rome, or such other location as may be determined by the Commission.

12. The Organization shall provide the Secretariat for the Commission and the Director-General shall appoint its Secretary, who shall be administratively responsible to him.

13. The Commission may, by a two-thirds majority of its membership, adopt and amend its own Rules of Procedure provided that such Rules of Procedure or the amendments thereto are not inconsistent with this Agreement or with the Constitution of the Organization.

14. The Commission may, by a two-thirds majority of its membership, adopt and amend its own Financial Regulations, provided that such Regulations shall be consistent with the principles embodied in the Financial Regulations of the Organization. Such Regulations shall be reported to the Finance Committee of the Organization which shall have the power to disallow such Financial Regulations or amendment if it finds that they are inconsistent with the principles embodied in the Financial Regulations of the Organization.

1. The purpose of the Commission shall be to promote the development, conservation, rational management and best utilization of living marine resources, as well as the sustainable development of aquaculture in the Region, and to these ends it shall have the following functions and responsibilities:

a) to keep under review the state of these resources, including their abundance and the level of their exploitation, as well as the state of the fisheries based thereon;

b) to formulate and recommend, in accordance with the provisions of Article V, appropriate measures:

c) to keep under review the economic and social aspects of the fishing industry and recommend any measures aimed at its development;

d) to encourage, recommend, coordinate and, as appropriate, undertake training and extension activities in all aspects of fisheries;

e) to encourage, recommend, coordinate and, as appropriate, undertake research and development activities, including cooperative projects in the areas of fisheries and the protection of living marine resources;

f) to assemble, publish or disseminate information regarding exploitable living marine resources and fisheries based on these resources;

g) to promote programmes for marine and brackish water aquaculture and coastal fisheries enhancement;

h) to carry out such other activities as may be necessary for the Commission to achieve its purpose as defined above.

2. In formulating and recommending measures under paragraph 1 b) above, the Commission shall apply the precautionary approach to conservation and management decisions, and take into account also the best scientific evidence available and the need to promote the development and proper utilisation of the marine living resources.

The Commission shall carry out the functions and responsibilities set forth in Article III in the Region as referred to in the Preamble.

1. The recommendations referred to in Article III, paragraph 1 b), shall be adopted by a two-thirds majority of Members of the Commission present and voting. The text of such recommendations shall be communicated by the Chairman of the Commission to each Member.

2. Subject to the provisions of this Article, the Members of the Commission undertake to give effect to any recommendations made by the Commission under Article III, paragraph 1 b), from the date determined by the Commission, which shall not be before the period for objection provided for in this Article has elapsed.

3. Any Member of the Commission may within one hundred and twenty days from the date of notification of a recommendation object to it and in that event shall not be under obligation to give effect to that recommendation. In the event of an objection being made within the one hundred and twenty days period any other Member may similarly object at any time within a further period of sixty days. A Member may also at any time withdraw its objection and give effect to a recommendation.

4. If objections to a recommendation are made by more than one-third of the Members of the Commission, the other Members shall be relieved forthwith of any obligation to give effect to that recommendation; nevertheless any or all of them may agree among themselves to give effect to it.

5. The Chairman of the Commission shall notify each Member immediately upon receipt of each objection or withdrawal of objection.

The Commission shall transmit, after each session, to the Director-General of the Organization, a report embodying its views, recommendations and decisions, and make such other reports to the Director-General of the Organization as may seem to it necessary or desirable. Reports of the committees and working parties of the Commission provided for in Article VII of the Agreement shall be transmitted to the Director-General of the Organization through the Commission.

1. The Commission may establish temporary, special or standing committees to study and report on matters pertaining to the purposes of the Commission and working parties to study and recommend on specific technical problems.

2. The committees and working parties referred to in paragraph 1 above shall be convened by the Chairman of the Commission at such times and places as are determined by the Chairman in consultation with the Director-General of the Organization.

3. The Commission may suggest to the Organization the recruitment or appointment of specialists at the expense of the Organization, for the consideration of specific questions or problems.

4. The establishment of committees and working parties referred to in paragraph 1 above and the recruitment or appointment of specialists referred to in paragraph 3 above, shall be 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 of the Organization. Before taking any decision involving expenditures in connection with the establishment of committees and working parties and the recruitment or appointment of specialists, the Commission shall have before it a report from the Director-General of the Organization on the administrative and financial implications thereof.

The Commission shall cooperate closely with other international organizations in matters of mutual interest.

1. The expenses of delegates and their alternates, experts and advisers occasioned by attendance at sessions of the Commission and the expenses of representatives sent to committees or working parties established in accordance with Article VII of this Agreement shall be determined and paid by the respective Members.

2. The expenses of the Secretariat, including publications and communications and the expenses incurred by the Chairman and Vice-Chairmen of the Commission, when performing duties on behalf of the Commission between Commission sessions, shall be determined and paid by the Organization within the limits of the relevant appropriations provided for in the budget of the Organization.

3. The expenses of research and development projects undertaken by individual Members of the Commission, whether independently or upon recommendation of the Commission, shall be determined and paid by the Members concerned.

4. The expenses incurred in connection with cooperative research or development projects undertaken in accordance with the provisions of Article III, paragraph 1 e), unless otherwise available shall be determined and paid by the Members in the form and proportion to which they shall mutually agree. Cooperative projects shall be submitted to the Council of the Organization prior to implementation. Contributions for cooperative project shall be paid into a trust fund to be established by the Organization and shall be administered by the Organization in accordance with the Financial Regulations and Rules of the Organization.

5. The expenses of experts invited, with the concurrence of the Director-General, to attend meetings of the Commission, committees or working parties in their individual capacity shall be borne by the budget of the Organization.

6. The Commission may accept voluntary contributions generally or in connection with specific projects or activities of the Commission. Such contributions shall be paid into a trust fund to be established by the Organization. The acceptance of such voluntary contributions and the administration of the trust fund shall be in accordance with the Financial Regulations and Rules of the Organization.

1. The General Fisheries Commission for the Mediterranean may amend this Agreement by a two-thirds majority of all the Members of the Commission. Subject to paragraph 2 below, amendments shall come into force as from the date of their adoption by the Commission.

2. Amendments involving new obligations for Members shall come into force after acceptance by two-thirds of the Members of the Commission and with respect to each Member only on acceptance of it by that Member. The instruments of acceptance of amendments involving new obligations shall be deposited with the Director-General of the Organization who shall inform all the Members of the General Fisheries Commission for the Mediterranean, as well as the Secretary-General of the United Nations, of the receipt of acceptance and the entry into force of such amendments. The rights and obligations of any Member of the General Fisheries Commission for the Mediterranean that has not accepted an amendment involving additional obligations shall continue to be governed by the provisions of this Agreement as they stood prior to the amendment.

3. Amendments to this Agreement shall be reported to the Council of the Organization which shall have the power to disallow any amendment which it finds to be inconsistent with the objectives and purposes of the Organization or the provisions of the Constitution of the Organization. If the Council of the Organization considers it desirable, it may refer the amendment to the Conference of the Organization which shall have the same power.

1. This Agreement shall be open to acceptance by Members or Associate Members of the Organization.

2. The Commission may, by a two-thirds majority of its membership, admit to membership such other States that are Members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency as have submitted an application for membership and a declaration made in a formal instrument that they accept this Agreement as in force at the time of admission.

3. Participation in the activities of the Commission by Members of the Commission which are not Members or Associate Members of the Organization shall be contingent upon the assumption of such proportionate share in the expenses of the Secretariat as may be determined in the light of the relevant provisions of the Financial Regulations of the Organization.

4. Acceptance of this Agreement by any Member or Associate Member of the Organization shall be effected by the deposit of an instrument of acceptance with the Director-General of the Organization and shall take effect on receipt of such instrument by the Director-General.

5. Acceptance of this Agreement by non-members of the Organization shall be effected by the deposit of an instrument of acceptance with the Director-General of the Organization. Membership shall become effective on the date on which the Commission approves the application for membership, in conformity with the provisions of paragraph 2 of this Article.

6. The Director-General of the Organization shall inform all Members of the Commission, all Members of the Organization and the Secretary-General of the United Nations of all acceptances that have become effective.

7. Acceptance of this Agreement may be made subject to reservations which shall become effective only upon unanimous approval by the Members of the Commission. Members of the Commission not having replied within three months from the date of the notification shall be deemed to have accepted the reservation. Failing such approval, the nation or regional economic integration organization making the reservation shall not become a party to this Agreement. The Director-General of the Organization shall notify forthwith all Members of the Commission of any reservations.

8. References in this Agreement to the United Nations Convention on the Law of the Sea, 1982, or to other international agreements, do not prejudice the position of any State with respect to signature, ratification, or accession to the 1982 United Nations Convention or with respect to other agreements.

This Agreement shall enter into force as from the date of receipt of the fifth instrument of acceptance.

The Members of the Commission shall, when accepting this Agreement, state explicitly to which territories their participation shall extend. In the absence of such a declaration, participation shall be deemed to apply to all the territories for the international relations of which the Member is responsible. Subject to the provisions of Article XIV below, the scope of the territorial application may be modified by a subsequent declaration.

1. Any Member may withdraw from this Agreement at any time after the expiration of two years from the date upon which the Agreement entered into force with respect to that Member, by giving written notice of such withdrawal to the Director-General of the Organization who shall immediately inform all the Members of the Commission and the Members of the Organization of such withdrawal. Notice of withdrawal shall become effective three months from the date of its receipt by the Director-General.

2. A Member of the Commission may give notice of withdrawal with respect to one or more of the territories for the international relations of which it is responsible. When a Member gives notice of its own withdrawal from the Commission it shall state to which territory or territories the withdrawal is to apply. In the absence of such a declaration, the withdrawal shall be deemed to apply to all the territories for the international relations of which the Member of the Commission is responsible, with the exception of Associate Members.

3. Any Member of the Commission that gives notice of withdrawal from the Organization shall be deemed to have simultaneously withdrawn from the Commission, and this withdrawal shall be deemed to apply to all the territories for the international relations of which the Member concerned is responsible, except that such withdrawal shall not be deemed to apply to an Associate Member.

Any dispute regarding the interpretation or application of this Agreement, if not settled by the Commission, shall be referred to a committee composed of one member appointed by each of the parties to the dispute, and in addition an independent chairman chosen by the members of the committee. The recommendations of such a committee, while not binding in character, shall become the basis for renewed consideration by the parties concerned of the matter out of which the disagreement arose. If as the result of this procedure the dispute is not settled, it shall be referred to the International Court of Justice in accordance with the Statute of the Court, or, in the case of a Regional Economic Integration Organization that is a Member of the Commission, it shall be submitted to arbitration unless the parties to the dispute agree to another method of settlement.

This Agreement shall be automatically terminated if and when, as the result of withdrawals, the number of Members of the Commission drops below five, unless the remaining Members unanimously decide otherwise.

The text of this Agreement was originally formulated at Rome on the 24th day of September one thousand nine hundred and forty-nine in the French language. Two copies in the English, French and Spanish languages of this Agreement and of any amendments to this Agreement shall be certified by the Chairman of the Commission and by the Director-General of the Organization. One of these copies shall be deposited in the archives of the Organization. The other copy shall be transmitted to the Secretary-General of the United Nations for registration. In addition, the Director-General shall certify copies of this Agreement and transmit one copy to each Member of the Organization and to such non-member nations of the Organization that are or may become parties to this Agreement.

APPENDIX H

FURTHER AMENDMENTS TO THE AGREEMENT FOR THE ESTABLISHMENT OF THE GENERAL FISHERIES COMMISSION FOR THE MEDITERRANEAN

The Agreement for the General Fisheries Commission for the Mediterranean is further amended as follows:

APPENDIX I

COOPERATION AGREEMENT BETWEEN THE CENTRE FOR MARKETING INFORMATION AND ADVISORY SERVICES FOR FISHERY PRODUCTS IN THE ARAB REGION (INFOSAMAK)
AND
THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS (FAO)

Considering that INFOSAMAK was established with the assistance of FAO, and by a Constituent Assembly convened by the Director-General,

Considering that INFOSAMAK was established as an independent intergovernmental organization by a Constitution, adopted on 24 June 1993, which entered into force on the same day and for which the Director-General of FAO is the Depositary,

Considering that Article 16, paragraph 2 of the Constitution of INFOSAMAK provides that "there shall be a working relationship between INFOSAMAK and the Food and Agriculture Organization of the United Nations. To this end, INFOSAMAK shall enter into negotiations with the Food and Agriculture Organization for the United Nations with a view to concluding an agreement thereon. Such an agreement shall provide, inter alia, for the Director-General of the Food and Agriculture Organization of the United Nations to appoint a representative who will participate in all meetings of INFOSAMAK, but without the right to vote",

Considering also that the General Assembly of the Centre, at its First Regular Session on 18 and 19 September 1994 decided that INFOSAMAK would enter into negotiations with FAO with a view to formalize the cooperation between the two organizations,

Considering further that paragraph 1 of Article XIII 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 relating to marketing of fishery products among the Arab countries,

Recognizing further that INFOSAMAK promotes and enhances technical and economic cooperation among developing countries,

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

APPENDIX J

AMENDMENTS TO THE CONSTITUTION OF THE EUROPEAN COMMISSION FOR THE CONTROL OF FOOT-AND-MOUTH DISEASE

The contracting Governments, having regard to the urgent necessity of preventing the recurrence of the heavy losses to European agriculture caused by the repeated outbreaks of foot-and-mouth disease, hereby establish, within the framework of the Food and Agriculture Organization of the United Nations, a Commission to be known as the European Commission for the Control of Foot-and-Mouth Disease, whose object shall be to promote national and international action with respect to preventive and control measures against foot-and-mouth disease in Europe.

1. Membership in the European Commission for the Control of Foot-and-Mouth Disease (hereinafter referred to as "the Commission") shall be open to such European Member Nations of the Food and Agriculture Organization of the United Nations, to such States participating as members in the Regional Conference for Europe of the Food and Agriculture Organization of the United Nations and serviced by the Regional Office for Europe of the Food and Agriculture Organization of the United Nations and to such European Member Nations of the International Office of Epizootics that are Members of the United Nations, as accept this Constitution in accordance with the provisions of Article XV. The Commission may, by a two-thirds majority of the membership of the Commission, admit to membership such other European States that are Members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency as have submitted an application for membership and a declaration made in a formal instrument that they accept the obligations of this Constitution as in force at the time of admission.

2. The Food and Agriculture Organization of the United Nations (hereinafter referred to as "the Organization"), the International Office of Epizootics (hereinafter referred to as "the Office"), the European Community, and the Organization for Economic Cooperation and Development shall have the right to be represented at all sessions of the Commission and its Committees, but their representatives shall not have the right to vote.

Obligations of Members regarding National Policies and InternationalCooperation for the Control of Foot-and-Mouth Disease.

1. Members undertake to control foot-and-mouth disease with a view to its ultimate eradication by the institution of suitable quarantine and sanitary measures and by one or more of the following methods:

2. Members adopting policy 2 or 4 undertake to have available a supply of vaccine or antigen for vaccine production sufficient to ensure adequate protection against the disease in case the spread of the disease can not be controlled exclusively by sanitary measures. Each member shall collaborate with and assist other members in all concerted measures for the control of foot-and-mouth disease and in particular in the supply of vaccine or antigen for vaccine production where necessary. The quantities of antigen and vaccine to be stored for national and international use shall be determined by Members in the light of the findings of the Commission and the advice of the Office.

3. Members shall make such arrangements for the typing of virus from outbreaks of foot-and-mouth disease as may be required by the Commission and shall immediately notify the Commission and the Office of the results of such typing.

4. Members shall make arrangements for the rapid dispatch of new isolates to the FAO designated World Reference Laboratory for further characterization.

5. Members undertake to provide the Commission with any information which it may need to carry out its functions. In particular, Members shall immediately report to the Commission and to the Office any outbreak of foot-and-mouth disease and its extent and shall make such further detailed reports as the Commission may require.

1. The seat of the Commission and its Secretariat shall be in Rome at the Headquarters of the Organization.

2. Sessions of the Commission shall be held at its seat, unless they are convened elsewhere in pursuance of a decision of the Commission at a previous session, or, in exceptional circumstances, of a decision of the Executive Committee.

1. To enter into arrangements, through the Director-General of the Organization, with the Office within the framework of any agreements between the Organization and the Office to ensure that:

2. To collect information on national programmes for control of and research on, foot-and-mouth disease.

3. To determine, in consultation with the Members concerned, the nature and extent of assistance needed by such Members for implementing their national programmes

4. To stimulate and plan joint action wherever required in the implementation of prevention and control programmes and to this effect arrange means whereby adequate resources can be made available, for example, for the production and storage of vaccine, through agreements between Members.

5. To arrange for suitable facilities for the typing and characterization of virus.

6. To ensure the availability of an international laboratory (World Reference Laboratory) with facilities for rapid characterization of virus by appropriate methods.

7. To maintain information on the stocks of antigen and vaccine available in member countries and other countries and to keep the position continuously under review.

8. To offer advice to other organizations on the allocation of any available funds for assisting in prevention and control of foot-and-mouth disease in Europe.

9. To enter into arrangements, through the Director-General of the Organization, with other organizations, regional groups or with Nations not Members of the Commission, for participation in the work of the Commission or its committees, or for mutual assistance on problems of controlling foot-and-mouth disease. These arrangements may include the establishment of, or participation in, joint committees.

10. To consider and approve the report of the Executive Committee on the activities of the Commission, the accounts for the past financial period and the budget and programme for the ensuing biennium, for submission to the Finance Committee of the Organization.

1. To assist in the prevention and control of outbreaks in emergency situations in any manner considered appropriate by the Commission and the Member or Members concerned. For this purpose the Commission or its Executive Committee, in conformity with the provisions of Article XI (5), may use any uncommitted balances of the Administrative Budget referred to in Article XIII (7) as well as any supplementary contributions which may be provided for emergency action under Article XIII (4).

3. To carry out such further special projects as may be suggested by Members or by the Executive Committee and approved by the Commission for achieving the purposes of the Commission as set forth in this Constitution.

4. Funds from the surplus of the Administrative Budget may be used for the purposes stated in paragraphs 2 and 3 of this Article when such action is approved by the Commission by a two-thirds majority of the votes cast, providing such majority is more than one half of the membership of the Commission.

1. Each Member shall be represented at Sessions of the Commission by a single delegate who may be accompanied by an alternate and by experts and advisers. Alternates, experts and advisers may take part in the proceedings of the Commission but not vote, except in the case of an alternate who is duly authorized to substitute for the delegate.

2. Each Member shall have one vote. Decisions of the Commission shall be taken by a majority of the votes cast except as otherwise provided in this Constitution. A majority of the Members of the Commission shall constitute a quorum.

3. The Commission shall elect, at the end of each regular session, a Chairman and two Vice-Chairmen from amongst the delegates. These officers shall hold office until the end of the next regular sessions, without prejudice to the right of re-election. The Commission shall also appoint the members of special or standing Committees.

4. The Director-General of the Organization in consultation with the Chairman of the Commission shall convene a regular session of the Commission at least every two years. Special sessions may be convened by the Director-General in consultation with the Chairman of the Commission or, if so requested, by the Commission in regular sessions or by at least one third of the Members during intervals between regular sessions.

1. The Commission may establish temporary, special or standing committees to study and report on matters pertaining to the purpose of the Commission, subject to the availability of the necessary funds in the approved budget of the Commission.

2. These committees shall be convened by the Director-General of the Organization in consultation with the Chairman of the Commission and with the Chairman of the special or standing committee concerned, at such times and places as are in accordance with the objectives for which they were established.

3. Membership in such committees may be open to all Members of the Commission or consist of selected Members of the Commission or of individuals appointed in their personal capacity because of their competence in technical matters, as determined by the Commission. On proposal of the Chairman, observers may be invited to participate in the meetings of the special and standing committees.

4. Members of the committees shall be appointed at the regular session of the Commission and each committee shall elect its own Chairman.

Subject to the provisions of this Constitution, the Commission may, by a majority of two-thirds of its membership, adopt and amend its own Rules of Procedure and Financial Regulations, which shall be in conformity with the General Rules and Financial Regulations of the Organization. The Rules of the Commission and any amendments thereto shall come into force upon approval by the Director-General of the Organization, the Financial Regulations and amendments thereto being subject to confirmation by the Council of the Organization.

1. Any Member Nation of the Organization that is not a Member of the Commission and any Associate Member may be invited to, or, upon its request, be represented by an observer at sessions of the Commission. It may submit memoranda and participate without vote in the discussions.

2. States which, while not Members of the Commission nor Members or Associate Members of the Organization, are Members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency may, upon request and subject to the concurrence of the Commission through its Chairman and to the provisions relating to the granting of observer status to nations adopted by the Conference of the Organization, be invited to attend in an observer capacity sessions of the Commission.

3. 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. The relations between the Organization and the Office are governed by such agreement between the Organization and the Office as may be in force.

1. An Executive Committee shall be established and shall be composed of the Chairman, two Vice-Chairmen of the Commission and five delegates of Members selected by the Commission at the end of its regular session. The Chairman of the Commission shall be the Chairman of the Executive Committee.

2. Members of the Executive Committee shall hold office until the end of the next regular session without prejudice to the right of re-election.

3. If a vacancy occurs in the Executive Committee before the expiration of the term of appointment, the Committee may request a Member of the Commission to appoint a representative to fill the vacancy for the remainder of the term.

4. The Executive Committee shall meet at least twice between any two successive regular sessions of the Commission.

5. The Secretary of the Commission shall act as Secretary to the Executive Committee.

1. make proposals to the Commission concerning policy matters and the programme of activities;

3. submit to the Commission the draft programme and Administrative Budget, and the accounts for the past biennium;

4. prepare the report on the activities of the Commission during the past biennium for approval by the Commission and transmission to the Director-General of the Organization;

5. undertake such other duties as the Commission may delegate to it, in particular with reference to emergency action under Article V(1).

1. The staff of the Secretariat of the Commission shall be appointed by the Director-General with the approval of the Executive Committee, and for administrative purposes shall be responsible to the Director-General. They shall be appointed under the same terms and conditions as the staff of the Organization.

2. The expenses of the Commission shall be paid out of its Administrative Budget except those relating to such staff and facilities which can be made available by the Organization. The expenses to be borne by the Organization shall be determined and paid within the limits of the biennial budget prepared by the Director-General and approved by the Conference of the Organization in accordance with the General Rules and the Financial Regulations of the Organization.

3. Expenses incurred by delegates, their alternates, experts and advisers when attending sessions of the Commission and its committees as government representatives, as well as the expenses incurred by observers at sessions, shall be borne by the respective governments or organizations. The expenses of experts invited by the Commission to attend meetings of the Commission or its committees in their individual capacity shall be borne by the budget of the Commission.

1. Each Member of the Commission undertakes to contribute annually its share of the administrative budget in accordance with a scale of contribution. This scale of contribution shall be adopted by the Commission with a two-thirds majority of its Members in accordance with the Financial Regulations of the Commission.

2. Contributions of States which acquire membership between two regular sessions of the Commission shall be determined by the Executive Committee in accordance with the Financial Regulations of the Commission; for this purpose such criteria as may be specified in the Financial Regulation shall apply. The determination made by the Executive Committee shall be subject to confirmation by the Commission at its next regular session.

3. Annual contributions provided for under paragraphs 1 and 2 above shall be payable before the end of the first month of the year to which they apply.

4. Supplementary contributions may be accepted from a Member or Members or from organizations or individuals for emergency action or for the purpose of implementing special schemes or campaigns of control which under Article V the Commission or Executive Committee may adopt or recommend.

5. All contributions from Members shall be payable in currencies to be determined by the Commission in agreement with each contributing Member.

6. All contributions received shall be placed in a Trust Fund administered by the Director-General of the Organization in conformity with the Financial Regulations of the Organization.

7. At the end of each financial period, any uncommitted balance of the Administrative Budget shall be retained in the Trust Fund and made available for the following year's budget.

1. This Constitution may be amended by the Commission by a two-thirds majority of the membership of the Commission.

2. Proposals for the amendment of the Constitution may be made by any Member of the Commission in a communication addressed to both the Chairman of the Commission and the Director-General of the Organization. The Director-General shall immediately inform all Members of the Commission of all proposals for amendments.

3. No proposal for the amendment of the Constitution shall be included in the agenda of any session unless notice thereof has been received by the Director-General of the Organization at least 120 days before the opening of the session.

4. Amendments shall become effective only with the concurrence of the Council of the Organization.

5. An amendment not involving additional obligations for Members of the Commission shall take effect from the date of the decision of the Council.

6. An amendment which, in the view of the Commission, involves additional obligations, for Members of the Commission shall, after approval by the Council, bind the Members of the Commission who have accepted the amendment, as from the date on which it has been accepted by two-thirds of the membership of the Commission, and thereafter for each remaining Member of the Commission upon the date of receipt by the Director-General of the instrument of acceptance of the amendment by that Member.

7. The instruments of acceptance of amendments involving additional obligations shall be deposited with the Director-General who shall inform all Members of the Commission of the receipt of such instruments.

8. The rights and obligations of any Member of the Commission that has not accepted an amendment involving additional obligations shall for a period not exceeding two years as from the date of entry into force of the amendment, continue to be governed by the provisions of the Constitution as they stood prior to the amendment. Upon expiry of the a fore-mentioned period, any Member of the Commission that has not accepted such amendment shall be bound by the Constitution as so amended.

9. The Director-General shall inform all Members of the Commission of the entry into force of any amendment.

1. Acceptance of this Constitution shall be effected by the deposit of an instrument of acceptance with the Director-General of the Organization and shall take effect, as regards Members of the Organization or the Office, on receipt of such instrument by the Director-General who shall forthwith inform each of the Members of the Commission.

2. Membership of States that are eligible for membership under Article I, but are neither Members of the Organization nor of the Office, shall become effective on the date on which the Commission approves the application for membership in conformity with the provisions of Article I. The Director-General shall inform each of the Members of the Commission of the approval of any application for membership.

3. Acceptance of the Constitution may be made subject to reservations. The Director-General of the Organization shall notify forthwith all Members of the Commission of the receipt of any application for membership or any instrument of acceptance of the Constitution either of which contains a reservation. A reservation shall become effective only upon unanimous approval by the Members of the Commission. The Members of the Commission not having replied within three months from the date of the notification by the Director-General of the reservation shall be deemed to have accepted the reservation. Failing unanimous approval by the Members of the Commission of a reservation, the nation making the reservation shall not become a party to this Constitution.

1. Any Member may withdraw from the Commission at any time after the expiration of one year from the date on which its acceptance took effect or from the date on which the Constitution entered into force, whichever is the later, by giving written notice of withdrawal to the Director-General of the Organization who shall forthwith inform all Members of the Commission. The withdrawal shall become effective one year from the date of receipt of the notification of withdrawal.

2. Non-payment of two consecutive annual contributions shall be regarded as implying withdrawal of the defaulting Member from the Commission.

3. Any Member of the Commission withdrawing from the Organization or the Office, when such withdrawal results in this Nation no longer being a Member of either of these two Agencies, shall be deemed to have withdrawn simultaneously from the Commission.

1. If there is any dispute regarding the interpretation or application of this Constitution, the Member or Members concerned may request the Director-General of the Organization to appoint a committee to consider the question in dispute.

2. The Director-General shall there-upon, after consultation with the Members concerned, appoint a committee of experts which shall include representatives of those Members. This committee shall consider the question in dispute, taking into account all documents and other forms of evidence submitted by the Members concerned. This committee shall submit a report to the Director-General of the Organization who shall transmit it to the Members concerned and to the other Members of the Commission.

3. The Members of the Commission agree that the recommendations of such a committee, while not binding in character, will become the basis for renewed consideration by the Members concerned of the matter out of which the disagreement arose.

1. This Constitution shall be terminated by a decision of the Commission taken by a three-fourths majority of the membership of the Commission. It shall automatically be terminated should membership, as a result of withdrawals, comprise fewer than six Nations.

2. On termination of the Constitution all assets of the Commission shall be liquidated by the Director-General of the Organization and after settlement of all liabilities the balance shall be distributed proportionally amongst Members on the basis of the scale of contributions in force at the time. Nations whose contributions are in arrears fro two consecutive years and hence deemed to have withdrawn in conformity with Article XVI (2) shall not be entitled to a share of the assets.

1. This Constitution shall enter into force upon receipt by the Director-General of the Organization of notifications of acceptance from six Member Nations of the Organization or of the Office, providing that their contributions represent in the aggregate not less than 30 percent of the Administrative Budget provided for in Article XIII (1).

2. The Director-General shall notify all Nations having deposited notifications of acceptance of the date on which this Constitution comes into force.

3. The text of this Constitution drawn up in the English, French and Spanish languages, which languages shall be equally authoritative, was approved by the Conference of the Organization on the Eleventh day of December 1953.

4. Two copies of the text of this Constitution shall be authenticated by the Chairman of the Conference and the Director-General of the Organization, one copy of which shall be deposited with the Secretary-General of the United Nations and the other in the archives of the Organization. Additional copies of this text shall be certified by the Director-General and furnished to all Members of the Commission with the indication of the date on which Constitution has come into force.

AMENDMENTS TO THE FINANCIAL REGULATIONS OF THE EUROPEAN
COMMISSION FOR THE CONTROL OF FOOT-AND-MOUTH DISEASE

1.1 These regulations shall govern the financial administration of the European Commission for the Control of Foot-and-Mouth Disease.

1.2 The financial rules and procedures of FAO shall apply to the activities of the Commission unless otherwise provided.

2.1 The financial period shall be two calendar years, coinciding with the financial period of FAO.

3.1 The Budget Estimates shall cover income and expenditures for the financial period to which they relate, and shall be presented in United States dollars.

3.2 The Budget Estimates shall include the programme of work for the financial period, such information, annexes or explanatory statements as may be requested on behalf of the Executive Committee or the Commission.

(a) The Administrative Budget relating to the regular contributions of Members of the Commission payable under Article XIII of the Constitution and expenditures arising from Articles IV, V and XII (2);

(b) The Special Budgets relating to funds made available during the financial period from supplementary Contributions paid under Article XIII(4) for expenditures listed under Article V.

3.4 The Administrative Budget for the financial period shall consist of provisions for

- Expenditure under activities listed under Article V.
Estimates under this chapter may, if necessary, be presented in a single total only but detailed estimates for each particular project will be prepared and approved as "supplementary details" of the Administrative Budget.

3.5 The Administrative Budget shall be prepared by the Executive Committee and submitted to the Commission.

3.6 Special Budgets (3.4b) shall be prepared at appropriate times by the Commission or the Executive Committee as the case may be.

3.7 The Administrative Budget of the Commission shall be submitted to the Finance Committee of the Organization.

4.1 After the budgets have been adopted the appropriations therein will be the authority for the Organization to incur obligations and make payments for the purposes for which the appropriations were voted and up to the amounts so voted.

4.2 In cases of emergency, the Director-General is authorized to accept Supplementary Contributions from a Member or Members of the Commission or grants from other sources and incur expenditure against them for emergency action for which the said Contributions or grants were specifically provided. Such Contributions or grants and expenditure relating thereto will be reported in detail to the next session of the Executive Committee or Commission.

4.3 Any unliquidated prior year obligation shall at the end of the financial period be cancelled or where an obligation remains a valid charge, retained for future disbursement.

4.4 Transfers between provisions as per Regulation 3.5 may be effected by the Organization on the recommendation of the Secretary of the Executive Committee. Details of the transfers so effected will be reported to the Executive Committee.

5.1 The appropriations of the Administrative Budget shall be financed by contributions from Member Governments determined and payable in accordance with Article XIII paragraphs 1, 2 and 3 of the Constitution.

5.2 For determining the annual contributions of each Member, the assessment for such member for the financial period shall be divided into two equal instalments, one of which shall be payable in the first calendar year of the financial period and the other one in the second calendar year.

5.3 At the beginning of each calendar year the Director-General shall inform Member Governments of their obligations in respect of annual contributions to the budget.

5.4 Contributions shall be due and payable in full within 30 days of the receipt of the communication of the Director-General referred to in Regulation 5.3 above, or as of the first day of the calendar year to which they relate, whichever is later. As of 1 January of the following calendar year, the unpaid balance of such contributions shall be considered to be one year in arrears.

5.5 The annual contributions to the Administrative Budget shall be assessed in United States dollars and calculated on the basis of national income of each country as expressed in the scale of contributions to FAO and the number of livestock. The currency in which contributions shall be paid is determined by the Commission in accordance with Article XIII (5) of the Constitution.

5.6 Any State acquiring membership shall pay a contribution to the budget in accordance with the provisions of Article XIII (2) for the financial period in which the membership becomes effective, such contribution beginning with the quarter in which membership is acquired.

6.1 All contributions, supplementary contributions and other receipts shall be placed in a Trust Fund administered by FAO.

6.2 With respect to the Trust Fund referred to in Regulation 6.1, the Organization shall maintain accounts:

7.1 When travel costs are borne by the Commission as provided for under Article XII.3 of the Constitution, experts invited by the Commission to attend meetings of the Commission or its committees in their personal capacity may either receive the ticket from the Commission or purchase it directly. In the latter event the expert shall be reimbursed actual costs not exceeding the amount the Commission would have paid had it purchased the ticket. This also applies to all travel for which the Commission has undertaken to pay.

7.2 The Commission's liability as far as air transport costs are concerned is limited to the amount which would be reimbursable under FAO's rules and regulations, currently economy class by the least costly fare including non-endorsable tickets for flights up to 9 hours and in business class including non-endorsable tickets for flights of more than 9 hours duration.

8.1 These Regulations may be amended by the Commission in the manner provided for under Article VIII of the Constitution.

I.	An ongoing cooperation shall be established and maintained between INFOSAMAK and FAO.
II.	FAO shall participate in meetings of the General Assembly and of the Technical Committee of INFOSAMAK as an observer.
III.	FAO staff members will continue to assist the Centre as technical advisers.
IV.	INFOSAMAK shall be invited to participate in the sessions of the Conference and the Council of FAO,in the sessions of the FAO Near East Region bodies as well as in the FAO Regional conferences for the Near East in an observer capacity.
V.	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 INFOSAMAK.
VI.	As far as possible FAO will use INFOSAMAK as an executing agency for marketing fishery projects in the Arab Region. As appropriate FAO will give due consideration to using INFOSAMAK to execute activities within the mandate of both organizations under an Agreement concerning the Use of Experts for Technical Cooperation Among Developing Countries (TCDC Agreement).
VII.	INFOSAMAK 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.
VIII.	INFOSAMAK and FAO may, through special arrangements, decide upon joint action with a view to attaining objects of common interest.
IX.	INFOSAMAK 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.
X.	Subject to such arrangements as may be necessary for the safeguarding of classified material, INFOSAMAK and FAO shall arrange for the fullest exchange of information and documents concerning matters of common interest.
XI.	The Fishery Industries Division and GLOBEFISH at FAO Headquarters in Rome, in collaboration with the FAO Regional Office for the Near East (RNE) in Cairo, will serve as a focal point for liaison between INFOSAMAK and FAO.
XII.	The Contracting Parties may decide by mutual agreement to extend the scope of their cooperation as appropriate.