112. The Council recalled that at its Eighty-second Session in November-December 1982 2, endorsing the views expressed by the Finance Committee at its Fiftieth Session in September 1982 3, decided that the Director-General should be authorized to apply immediately, at his discretion, “to staff in the Professional and higher categories (including the Deputy Director-General) any future recommendations of the ICSC (International Civil Service Commission) approved by the General Assembly of the United Nations, reporting his actions or reasons for not taking immediate action to the Finance Committee and, as necessary, to the Council”. The Council further recalled that it had recognized that “although action by the General Assembly on personnel matters did not require similar action on the part of FAO, not to do so would imply a deviation from the UN Common System”.
113. The Council was informed that, as the implementation by the Director-General of recommendations of the International Civil Service Commission approved by the General Assembly, concerning the Salaries and allowances of staff in the Professional and higher categories, might require the amendment not only of th.e Staff Regulations, but also the General Rules of the Organization, the Director-General had referred the question to the CCLM.
114. The Council noted that in its report 4, the CCLM had concluded that the Director- General was already empowered under Rule XXXIX-3 to amend the Staff Regulations to give effect to decisions of the ICSC, but that this authority did not extend to recommendations of the ICSC. So that the Director-General might apply such recommendations without delay and without the administrative complications that arose out of the retroactive application of new provisions, he would have to be empowered to amend the Staff Regulations to give effect to recommendations of the ICSC in the circumstances envisaged by the Council. This would entail the amendment to Rule XXXIX-3 and a consequential amendment to Staff Regulation 301.122.
115. The Council further noted that these amendments would leave the Director-General free to determine whether or not to follow the course of action taken by the General Assembly or refer the matter to the Council if he deemed it appropriate.
116. The Council accordingly recommended the following draft resolution prepared by the CCLM for adoption by the Conference, since amendments to the General Rules of the Organization designed to give effect to the Council’s decision would require Conference approval:
DRAFT RESOLUTION FOR THE CONFERENCE
AMENDMENT TO RULE XXXIX-3 OF THE GENERAL RULES OF THE ORGANIZATION
THE CONFERENCE,
Recalling that by Resolution 17/73 adopted at its Seventeenth Session (November 1973) it had amended the General Rules of the Organization, thereby authorizing the Director-General to promulgate Staff Regulations to give effect to decisions of the International Civil Service Commission;
Noting that the Council, at its Eighty-second Session (November-December 1982), endorsed the Finance Committee’s view that the Director-General should be authorized to apply immediately, at his discretion, to staff in the professional and higher categories (including the Deputy Director-General), recommendations of the International Civil Service Commission relating to salaries and allowances which had been approved by the General Assembly of the United Nations;
Noting further that with a view to giving the Director-General the authority referred to above the Council, at its Eighty-fourth Session (November 1983), endorsed a draft amendment to Rule XXXIX-3 of the General Rules of the Organization prepared by the CCLM;
I
Decides to amend Rule XXXIX-3 of the General Rules of the Organization to read as follows 5:
“The Director-General, with the approval of the Council, shall promulgate such general staff regulations as may be necessary, including the requirement of a declaration of loyalty to the Organization. The Director-General shall have authority to promulgate Staff Regulations to give effect to decisions of the International Civil Service Commission [.], as well as to give effect to recommendations of the International Civil Service Commission which have been approved by the General Assembly of the United Nations with regard to the salaries and allowances of the staff in the professional and higher categories. He shall report the promulgation of such Staff Regulations to the Finance Committee and the Council.”
II
Noting that the Amendment to Rule XXXIX-3 calls for a consequential amendment to Staff Regulation 301.122;
Decides that the following sentence shall be added at the end of Staff Regulation 301.122:
“The Director-General may also amend the Staff Regulations to give effect to recommendations of the International Civil Service Commission which have been approved by the General Assembly of the United Nations and relate to the salaries and allowances of the staff in the professional and higher categories.”
117. The Council was informed that the Plant Protection Commission for the Asia and Pacific Region had, at its Thirteenth Session, held in Manila in April 1983, endorsed amendments to the Agreement which had been prepared by the FAO Secretariat on the Commission’s request.
118. The Council noted that in accordance with Article IX.2, proposed amendments to the Agreement must be presented to the FAO Council for approval and that the Director-General had referred the amendments to the CCLM for prior review. These proposed amendments, which dealt with two distinct matters; namely (i) the introduction of mandatory contributions by Contracting Governments and (ii) the amendment of the definition of the Region in order to include the People’s Republic of China, had been considered separately by the CCLM.
119. The Council noted that the CCLM, having reviewed the proposed amendments relating to mandatory contributions, had concluded that they were consistent with the Basic Texts and had recommended their approval by the Council.
120. The Council further noted that the CCLM also concluded that the proposed amendment to Article I(a) was consistent with the Basic Texts and that it achieved the Commission’s aim of bringing China within the definition of the Region. The Council decided however, that from the point of view of drafting, it would be preferable to refer to “boundary” rather than “border” in the English text of Article I(a) of the Agreement.
121. The Council agreed with the CCLM’s conclusions with respect to the entry into force of the amendments to introduce mandatory contributions and to Article I(a) of the Agreement which redefined the Region. Whereas the amendments which provide for mandatory contributions by Governments did involve new obligations for Contracting Governments, the amendment to Article I(a) did not. Thus, in accordance with the provisions of Article IX.4 of the Agreement, the amendment to Article I(a) would come into force with respect to all Contracting Governments as from the thirtieth day after acceptance of two-thirds of the Contracting Governments. On the other hand the amendments involving new obligations would come into force as from the thirtieth day after acceptance by two-thirds of the Contracting Governments, but only with respect to the Contracting Governments which at the time of entry into force or at some later date, had actually accepted the amendments.
122. The Council, having considered the recommendations of the CCLM, decided to approve the proposed amendments and adopted the following Resolution:
Resolution 1/84
AMENDMENTS
TO THE PLANT PROTECTION AGREEMENT FOR
THE
ASIA AND PACIFIC REGION
THE COUNCIL,
Noting that Plant Protection Commission for the Asia and Pacific Region at its Thirteenth Session (Manila, April 1983) had decided to propose certain amendments to the Agreement under which it had been established,
Noting further that in accordance with Article IX.2 of the Agreement, the Director-General had submitted the amendments to the Council for approval,
- Approves the amendments to the Agreement as set forth in Appendix F to this Report,
- Recommends to the Director-General that the amendment of Article I(a) of the Agreement and the other amendments to the Agreement should be sent for acceptance by Contracting Governments in separate communications in view of the different conditions governing their coming into force.
123. The Council had discussed the question of FAO’s immunity from legal process in Italy at its Eighty-second Session (November-December 1982 7) and Eighty-third Session (June 1983) 8. At its Eighty-second Session it had adopted Resolution 1/82 in which it had, inter alia, requested the Host Government to take measures to settle the problem that had arisen with the landlords of Building F without further reference to the Italian courts and to safeguard the Organization’s immunity from legal process in the future.
124. The Council had expressed, at its Eighty-third Session grave concern at the deteriorating situation which was reflected by further cases brought against FAO and judgments rendered against it in cases in which it had not waived its immunity. Considering that no concrete measures had been taken by the Host Government to give effect to Resolution 1/82, it had adopted Resolution 3/83. In that Resolution, the Council had urged the Host Government, inter alia, to ensure that no measures of execution were applied against FAO, and that FAO’s assets were not frozen; to ensure that Sections 16 and 17 of the Headquarters Agreement were respected; to take the necessary action with a view to the settlement of the dispute with the landlords of Building F without further recourse to the Italian courts; and to take expeditious measures of a legislative nature to ensure that in future FAO would be immune from all forms of legal process before the Italian courts.
125. The Council welcomed the statement made by the Representative of the Host Government to the effect that the question of the Organization’s immunity from legal process had been raised in the course of a recent meeting between the Director-General and the Minister of Foreign Affairs and that the Government was currently considering the possibility of amending Italian legislation regarding the immunity from measures of execution of State property and the property of inter-governmental organizations with a view to being in a position to invoke more appropriate provisions when confronted with situations such as the one under consideration. In his statement, the Representative of Italy also renewed the assurances that had been given to previous sessions of the Council to the effect that the Government would intervene, should the need arise, to ensure that the Organization’s immunity from measures of execution was respected.
126. The Council hoped that the Director-General’s meeting with the Minister of Foreign Affairs would elicit concrete results. Since, however, little progress had been made in giving effect to Resolutions 1/82 and 3/83, the Council endorsed the proposal of the Finance Committee once more to urge the Host Government to take, as a matter of urgency, the measures that were necessary to give full effect to Resolutions 1/82 and 3/83.
127. The Council requested the Director-General to report developments to its Eighty- sixth Session through the Finance Committee and CCLM as appropriate.
128. The Council took note of the invitation issued at its request by the Director- General to the German Democratic Republic, a Non-Member Nation, to attend the Fifteenth Session of the Committee on Fisheries in accordance with paragraphs B-1 and B-2 of the “Statement of Principles relating to the Granting of Observer Status to Nations” 10.
129. The Council was informed of the names of those Non-Governmental Organizations not having official status with FAO which had been invited to technical meetings.
130. In accordance with Rule XXVI-4(a) of the General Rules of the Organization (GRO), the Council was informed and stressed the qualifications and experience of Ambassador Millicent H. Fenwick the new representative on the Programme Committee of the Government of the United States of America in replacement of Mr. R.A.Sorenson.
131. In accordance with Rule XXVII-4(a) of the General Rules of the Organization (GRO), the Council was informed and stressed the qualifications and experience of Mr. Papa Yoro Diallo the new representative on the Finance Committee of the Government of Senegal in replacement of Mr. Sidaty Aidara.
1CL 84/5; CL 84/PV/5; CL 84/PV/6.
2CL 82/REP, paragraphs 181 and 182.
3CL 82/11, paragraph 2.63.
4CL 84/5.
5Words in square brackets to be deleted and words underlined to be added.
6CL 84/2; CL 84/PV/5; CL 84/PV/6.
7CL 82/REP, paras. 200-218.
8CL 83/REP, paras. 262-269.
9CL 84/INF/8; CL 84/PV/5; CL 84/PV/6.
10See Basic Texts, Volume II, Section L.
11CL 84/INF/9; CL 84/PV/5; CL 84/PV/6.
12CL 84/INF/l5; CL 84/PV/5; CL 84/PV/6.
