| * = Proposals recommended in the report of the CCLM | **= Proposals agreed upon by the Working Group established by the Council | ***= Proposals put forward by Council Members during the Council session |
| I - FAO CONSTITUTION | ||
| Article II - Membership and Associate Membership | ||
| Article II.2. | Article II.2. | |
| VARIANT I | VARIANT II | |
| *The Conference may by a two-thirds majority of the votes cast, provided that a majority of the Member Nations of the Organization is present, decide to admit as an additional Member of the Organization any nation or regional economic integration organization meeting the criteria set out in paragraph 3 of this Article, which has submitted an application for membership and a declaration made in a formal instrument that it will accept the obligations of the Constitution as in force at the time of admission. Except as otherwise expressly provided, any reference to Member Nations in this Constitution shall include any Member Organization. | ***The Conference may by a two-thirds majority of the votes cast, provided that a majority of the Member Nations of the Organization is present, decide to admit as an additional Member of the Organization any nation or regional economic integration organization meeting the criteria set out in paragraph 3 of this Article, which has submitted an application for membership and a declaration made in a formal instrument that it will accept the obligations of the Constitution as in force at the time of admission. Except as otherwise expressly provided, references to Member Nations under this Constitution are applicable to regional economic integration organizations within the limits of their respective competence. | |
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VARIANT III Article II.2.(bis) (Article II.2. remains unamended) ***The Conference may by a two-thirds maiority of the votes cast, provided that a majority of the Member Nations of the Organization is present, decide to admit as a Member of the Organization any regional economic integration organization meeting the criteria set out in paragraph 3 of this Article, which has submitted an application for membership and a declaration made in a formal instrument that it will accept the obligations of the Constitution as in force at the time of admission. Except as otherwise expressly provided. any reference to Member Nations in this Constitution shall include anv Member Organization. VARIANT IV ***The Conference may by a two-thirds majority of the votes cast, provided that a maioritv of the Member Nations of the Organization is oresent, decide to admit as a Member Organization of the Organization anv regional economic integration organization meeting the criteria set out in paragraph 3 of this Article, which has submitted an application for membership and a declaration made in a formal instrument that it will accent the obligations of the Constitution as in force at the lime of admission. Except as otherwise expressly provided. anv reference to Member Nations in this Constitution shall include anv Member Organization. |
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VARIANT V ***The Conference may by a two-thirds majority of the votes cast, provided that a majority of the Member Nations of the Organization is present, decide to admit as a Member Organization of the Organization any regional economic integration organization meeting the criteria set out in paragraph 3 of this Article, which has submitted an application for membership and a declaration made in a formal instrument that it will accept the obligations of the Constitution as in force at the time of admission. Except as otherwise expressly provided, references to Member Nations under this Constitution are applicable to regional economic integration organizations within the limits of their respective competence. |
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Article II.3. VARIANT I ** To be eligible to apply for membership of the Organization under paragraph 2 of this Article, a regional economic integration organization must be one constituted by States [a majority of] which at the time of application are Member Nations of the Organization, and to which its Member States have transferred exclusive competence over a range of matters within the purview of the Organization, including the competence to enter into treaties and to make other decisions binding on its Member States in respect of those matters. |
Article II.3. VARIANT II *** To be eligible to apply for membership of the Organization under paragraph 2 of this Article, a regional economic integration organization must be one constituted by States [a majority of] which at the time of application are Member Nations of the Organization, and to which its Member States have transferred [exclusive] competence over a range of matters within the purview of the Organization, including the competence, to enter into treaties and to make other decisions binding on its Member States in respect of those matters. |
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VARIANT III *** To be eligible to apply for membership of the Organization under paragraph 2 of this Article, a regional economic integration organization must be one constituted bv States [a majority of] which at the time of application are Member Nations of the Organization, and to which its Member States have transferred, either partially or totally, competence over a range of matters within the purview of the Organization, including the competence to enter into treaties and to make other decisions binding on its Member States in respect of those matters. | ||
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VARIANT IV *** To be eligible to apply for membership of the Organization under paragraph 2 of this Article, a regional economic integration organization must be an organization constituted bv sovereign States of a elven region that are Member Nations of the Organization, which has competence in respect of matters governed by this Constitution and has been duly authorized in accordance with its Internal procedures to become a Member of the Organization. |
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VARIANT V *** For the purpose of this Constitution, a regional economic integration organization means an organization constituted bv sovereign States of a given region the majority of which are Member Nations of the Organization, which has competence in a ranee of matters governed bv this Constitution and has been duly authorized in accordance with its own procedures to seek admission to the Organization. [Article II.3(bis) *** In the application for membership and the declaration made in a formal instrument referred to in paragraph 3 of this Article, a regional economic integration organization shall declare the extent of its competence with respect to the matters governed bv this Constitution.] [Article II 3(ter) *** A Member Organization shall inform the Director-General of anv substantial modification in the extent of its competence.] |
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Article II.4 * A Member Organization shall exercise membership rights on an alternative basis with its Member Stales that are Member Nations of the Organization, in accordance with rules set down by the Conference. |
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Article II.5. ** Except as otherwise provided in this Constitution, a Member Organization shall have the right to participate on matters within its competence in any meeting of the Organization, including any meeting of the Council or other body of restricted membership, in which any of its Member States are entitled to participate, and shall not therefore be eligible for election to any such bodies. A Member Organization shall not have the right to participate in bodies of restricted membership specified in the General Rules adopted by the Conference. |
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Article II.6 * Except as otherwise provided in this Constitution or in rules set down by the Conference, a Member Organization may exercise on matters within its competence, in any meeting of the Organization in which it is entitled to participate. a number of votes equal to the number of its Member States which are entitled to vote in such meeting. Whenever a Member Organization exercises its right to vote, its Member States shail not exercise theirs, and conversely. |
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Article II.7 *** Both Member Organizations and their Member States shall be bound by the obligations of membership under this Constitution, and shall, without prejudice to such obligations, decide amongst themselves as to their respective responsibilities for the performance of such obligations. |
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Article III - The Conference Article III.4. * Subject to Article II.6. Each Member Nation shall have only one vote.(...) Article XIV - Conventions and agreements Article XIV.3.(b) *::* "(...) contain provisions concerning the Member Nations of the Organization, such non-member States as are members of the United Nations, any of its specialized agencies or the International Atomic Energy Agency, and regional economic integration organizations, other than Member Organizations to which their Member States have transferred exclusive competence over matters within the purview of the conventions, agreements, supplymentary convention and agreements, including the power to enter into treaties in respect thereto. which may become parties thereto, and the number of acceptances by Member Nations necessary to bring such convention, agreement, supplementary convention or agreement into force, and to ensure that it will constitute a real contribution to the achievement of its objectives. In the case of conventions, agreements, supplementary conventions and agreements establishing commissions or committees, participation by non Member States of the Organization that are members of the United Nations, any of its specialized agencies or the International Atomic Energy Agencv or by regional economic integration organizations other than Member Organizations, shall in addition be subject to prior approval by at least two thirds of the membership of such commissions or committees; |
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Article XIV.3(b)(bis) VARIANT I *** Where any convention, agreement, supplementary convention or agreement provides that a Member Organization may become a party thereto, the voting rights to be exercised by the Member Organization and other terms of participation shall be defined therein. |
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VARIANT II *** Where any convention, agreement. supplementarv convention or agreement dealing with matters within the exclusive competence of a Member Organization provides that a Member Organization may become a party thereto, and the Member States of the Member Organization do not participate in that agreement, the Member Organization shall exercise only one vote in any body established by such convention, agreement. supplementarv convention or agreement, and shall enjoy equal rights of participation with Member Nations parties to such convention. agreement, supplementary convention or agreement. |
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| Article XIV.7. * - "(...) In addition, the Director-General shall certify copies of those conventions, agreements, supplementary conventions or agreements and transmit one copy to each Member Nation of the Organization and to such non-member States or regional economic integration organizations as may become parties to the conventions, agreements, supplementary conventions or agreements". | ||
| Article XVIII- Budget and contributions Article XVIII.6. * A Member Organization shall not be reguired to contribute to the budget as specified in paragraph 2 of this Article, but shall pay to the Organization a sum to be determined by the Conference, to cover administrative expenditures arising out of its membership in the Organization. A Member Organization shall not vote on the level of the budget. | ||
| II - GENERAL RULES OF THE ORGANIZATION (G.R.O.) | ||
| E. EXERCISE OF MEMBERSHIP RIGHTS BY MEMBER ORGANIZATIONS AND THEIR MEMBER STATES | ||
| Rule XLIII - General * The provisions of the General Rules of the Organization applicable to Member Nations shall applv mutatis mutandis to Member Organizations except as may be otherwise provided in the Constitution or in these General Rules. | ||
| Rule XLIV - Competence |
SUB-VARIANT A ** i.Each regional economic integration organization applying for membership in the Organization shall, at the time of such application, submit a declaration of competence, specifying the matters in respect of which competence has been transferred to it bv its Member States, and the matters in respect of which the Member Organization and its Member States have concurrent competence, ** 2. Member States of a Member Organization shall be presumed to retain competence over all matters in respect of which transfers of competence have not been specifically declared or notified to the Organization. |
SUB-VARIANT B *** 1 .Each regional economic integration organization applying for membership in the Organization shall, at the time of such application, submit a declaration of competence, specifying the matters in respect of which competence has been transferred to it. either partially or totally, bv its Member States, and die matters in respect of which the Member Organization and its Member States have concurrent competence. |
| *3.Anv change regarding the distribution of competence between the Member Organization and its Member States shall be notified immediately bv the Member Organization or its Member States to the Organization, which shall circulate such notification to the other Member Nations of the Organization. *4.Any Member Nation of the Organization may request a Member Organization or its Member States to provide information as to which, as between the Member Organization and its Member States or both, has competence in respect of any specific question. The Member Organization or the Member States concerned shall provide this information on such reauest. | ||
| ** 5.Before any meeting of the Organization the Member Organization or its Member States shall indicate which, as between the Member Organization and its Member States or both, has competence in respect of any specific question to be considered in the meeting. In cases of concurrent competence, the Member Organization or its Member States shall, before any meeting of the Organization, indicate which shall exercise the right to vote in respect of matters on the agenda of the meeting. | ||
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SUB-VARIANT I *** 6. On anv matter on which a Member Organization and its Member States have concurrent competence, the Member Organization and its Member States shall agree upon which,, as between the Member Organization and its Member States shall participate in the discussions on the matter, provided that where either the Member Organization or its Member States so participates, the other shall retain equivalent rights to participate as those exercised by observers. SUB-VARIANT II *** 6. On any matter on which a Member Organization and its Member States have concurrent competence, the Member Organization and its Member States shall agree upon which shall participate in the discussions on the matter. SUB-VARIANT III *** 6. On any matter on which a Member Organization and its Member States have concurrent competence, the Member Organization and its Member States shall agree upon which, as between the Member Organization and its Member States shall narticinate in the discussions on the matter, provided that where either the Member Organization or its Member States so participates, the other shall retain the right to participate as an observer. |
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SUB-VARIANT IV *** 6. On any matter on which a Member Organization and its Member States haye concurrent competence, the Member Organization and its Member States shall agree upon which, as between the Member Organization and its Member States shall participate in the discussions on the matter in a Member capacity. |
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VARIANT II INCLUDE ALL OF THE ABOVE PROVISIONS AS NEW ARTICLES IN THE CONSTITUTION. Rule XLV - Arrangements for the Conference * 1. The credentials of delegates, alternates, associates and advisers of a Member Organization to sessions of the Conference shall be issued bv. or on behalf of. the head of the executive body of the Member Organization concerned. |
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*2. Member Organizations shall not participate in the Credentials Committee, the Nominations Committee or the General Committee. *3. Member Organizations shall not hold office in the Conference or any subsidiary body of the Conference. Rule XLVI - Arrangements for the Council * Member Organizations shall not hold office in the Council or any subsidiary body of the Council. |
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Rule XLVII - Quorum and voting arrangements at meetings of Conference and Council * 1. For the purpose of determining a quorum, as specified in paragraph 2 (b) of Rule XII. the delegation of a Member Organization shall be counted to the extent that it is entitled to vote in the meeting in respect of which the quorum is sought. *2. Member Organizations shall not participate in voting for elective places as defined in Paragraph 8 (a) of Rule XII (and in Paragraph 10 (g) of Rule XXII). Rule XLVIII - Arrangements regarding committees of restricted membership *Member Organizations shall not participate in the Programme Committee, the Finance Committee and the Committee on Constitutional and Legal Matters, |
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