APFIC Rules of Procedure
RULE I
Agreement: The Agreement for the Establishment of the Asia-Pacific Fishery Commission formulated at Baguio, Philippines, 26th February 1948 as amended in conformity with Article IX thereof
Commission: The Asia-Pacific Fishery Commission
Chairman: The Chairman of the Commission
Delegate: The representative of a Member as specified in Article II-1 of the Agreement
Delegation: The delegate and his alternate, experts and advisers
Member: Member Nations and Associate Members of the Organization and non-member states of the Organization that are Members of the United Nations, or any of its Specialized Agencies or the International Atomic Energy Agency
Secretary: The Secretary of the Commission
Organization: The Food and Agriculture Organization Conference: The Conference of the Organization Director-General: The Director-General of the Organization
Observer Nation, Associate Member or organization: A non-member nation of the Organization or international organization invited to attend a session of the Commission or a Member Nation or Associate Member of the Organization attending a session of the Commission while not a Member of the Commission
Observer: The representative of an Observer Nation, Associate Member or organization
Session: A properly convened continuing assemblage of delegates which may be adjourned from day to day Meeting: A period of a session during which delegates do not separate except for a short recess
RULE II - Sessions of the Commission
2. The Chairman, in consultation with the Director-General, may call a special session of the Commission at:
(a) the direction of the Commission;
(b) the direction of the Executive Committee with the approval of a majority of the Members; or
(c) the request of a majority of the Members.
The Executive Committee, in consultation with the Director-General, shall decide the time and place of such a session.
3. Invitations to a regular session of the Commission shall be issued not less than sixty days in advance of the date fixed for the opening of the session. Invitations to special sessions shall be issued not less than forty days in advance of the date fixed for opening of the session.
RULE III - Agenda
1. The Agenda of each regular session shall include:
(a) Adoption of the Agenda;
(b) The election of the Chairman and Vice-Chairman as provided for under Article II-3 of the Agreement and the election of two members of the Executive Committee as provided for in Article III-1 of the Agreement;
(c) A report of the Executive Committee on its activities during the intersessional period, including a report of the work performed on behalf of the Commission by the Secretariat;
(d) A report by the Secretary on the financial affairs of the Commission;
(e) Consideration of the proposed budget for the ensuing two years;
(f) Proposals for amendments, if any, to the Agreement, in accordance with Article IX of the Agreement and the provisions of Rule XIV of these Rules;
(g) Applications for membership, if any, in accordance with Article X-2 of the Agreement from States which are not members of the Organization;
(h) Reports of Committees;
(i) Consideration of the time and place of the next session;
(j) Items, if any, referred to the Asia-Pacific Fishery Commission by the Conference, Council or the Director-General of the Organization.
2. The agenda shall also include, upon approval by the Commission:
(a) Items approved at the previous session;
(b) Items proposed by the Executive Committee;
(c) Items proposed by a Member.
3. A provisional agenda, consisting of items (a) to (j) of paragraph 1 of this Rule and such other items as may have been proposed shall be sent by the Secretary to Members and observer nations, Associate Members and organizations not less than sixty days before the date fixed for the opening of the session, together with reports and documents available in connection therewith.
4. The agenda of a special session shall consist only of items relating to the purpose for which the session was called.
RULE IV - The Secretariat
2. The duties of the Secretary shall include the receipt, collation and circulation of documents, reports and resolutions of the sessions of the Commission and its committees, the preparation of the records of their proceedings, the certification of expenditures and financial commitments and the performance of such other duties as the Commission or the Executive Committee may direct.
3. The originator shall send to the Secretary, for information and record, copies of correspondence concerning the affairs of the Commission.
RULE V - Plenary Meetings of the Commission
RULE VI - Election of Chairman and Vice-Chairman and of Other Members of the Executive Committee
2. The Chairman and Vice-Chairman shall assume office at the end of the regular session in which they are elected. They shall be eligible for re-election.
3. The Commission shall, during each regular session, also elect the two members of the Executive Committee referred to in Article III-1 of the Agreement.
RULE VII - Functions of the Chairman and Vice-Chairman
(a) Declare the opening and closing of each plenary meeting of the Commission;
(b) Direct the discussions at such meetings and ensure observance of these Rules, accord the right to speak, put questions and announce decisions;
(c) Rule on points of order;
(d) Subject to these Rules, have complete control over the proceedings of plenary meetings;
(e) Appoint such ad hoc committees of the session as the Commission may direct;
2. The Vice-Chairman shall exercise the functions of the Chairman in the Chairman's absence or at the Chairman's request.
RULE VIII - Voting Arrangements and Procedures
2. A vote by roll call shall be conducted by calling upon delegations in the English alphabetical order of the respective Members.
3. The record of any roll call vote shall show the votes cast by each delegation and by abstentions.
4. Voting on matters relating to individuals, except the election of officers, shall be by secret ballot.
5. When no nominee for an office obtains on the first ballot a majority of the votes cast, there shall be taken a second ballot confined to two candidates obtaining the largest number of votes. If, on the second ballot, the votes are equally divided, the Chairman shall decide between the candidates by drawing lots.
6. If the Commission is equally divided when a vote is taken on a question other than an election, a second vote shall be taken at the next meeting of the current session. If the Commission is then again equally divided, the proposal shall be regarded as rejected.
7. If the quorum of a a two-thirds majority of all the Members of the Commission is not present at the time of the vote on a proposed amendment to the Agreement, as provided for in Article IX of the Agreement, the Commission may decide that absent Members be informed thereof and requested to vote by a written communication addressed to the Director-General of FAO within ninety days of the closing of the Session at which the proposal was put to vote, provided, however, that the vote must be either affirmative or negative and will not be valid if it were conditional. Such amendments will be considered as adopted only when the required majority has been obtained.
8. Voting arrangements and other related matters not specifically provided for by the Agreement or by these Rules shall be governed "mutatis mutandis", by the provisions of the General Rules of the Organization.
RULE IX - Committees
1. The Executive Committee shall consist of the Chairman, the Vice-Chairman and the immediately retired Chairman and two members elected by the Commission. The Secretary shall be an ex-officio member without vote. The Chairman shall be the Chairman of the Executive Committee. The Executive Committee shall:
(a) Meet at least once a year between regular sessions;
(b) In addition to the duties prescribed elsewhere under these Rules, direct the conduct of the business and affairs of the Commission between its sessions, except that issues of policy, unless previously decided by the Commission shall be formulated by the Executive Committee as a motion and referred to the Members. Upon receipt by the Secretary of affirmative replies from a majority of the Members, the motion shall be considered adopted;
(c) Prepare estimates of expenses for the next succeeding two years for presentation to the Commission for submission to the Organization, in accordance with the provisions of Article VIII-2 of the Agreement;
(d) Co-ordinate the work of the committees and working parties;
(e) Function as an editorial and publications committee.
2. The Commission may establish such committees or working parties as it deems necessary for the accomplishment of its tasks.
(a) The terms of reference of such committees and working parties shall be laid down by the Commission at the time of their establishment.
(b) Each committee or working party shall select a chairman from among its members, who shall act as rapporteur.
(c) The committees and working parties shall report to the Commission through the Executive Committee either at the session at which they were appointed or at the next regular session, according to their terms of reference, and the Commission shall then decide whether or not they shall continue to operate during the ensuing period.
(d) The committees and working parties may from time to time set up such sub- committees as may be required to comply effectively with their terms of reference as laid down by the Commission.
3. The establishment of committees and working parties referred to in paragraph 2 above shall be subject to the provisions of Article III-3 of the Agreement.
4. Each committee or working party may adopt and amend its own rules of procedure, which shall be consistent with the Rules of Procedure of the Asia-Pacific Fishery Commission and the General Rules of the Organization. Such rules of procedure shall come into force upon approval by the Commission. In the absence of rules of procedure, the Rules of Procedure of the Asia-Pacific Fishery Commission shall apply "mutatis mutandis" to its committees and working parties.
RULE X - Budget and Finance
2. A proposed budget of the Commission for the next two succeeding financial years consisting of proposed expenses of the Secretariat, including publications and communications, and of the proposed travelling expenses of the Chairman, Vice-Chairman, the immediately retired Chairman and the two other members of the Executive Committee when engaged in the work of the Commission between its sessions shall, after approval by the Commission, be submitted to the Director-General for consideration in the preparation of the general budget estimates of the Organization.
3. When adopted by the Conference in its biennial session as part of the general budget of the Organization, the budget of the Commission shall constitute the limits within which funds may be committed for purposes approved by the Conference.
RULE XI - Participation by observers
2. States that are not Members of the Commission nor Members or Associate Members of the Organization, but are Members of the United Nations, of any of its Specialized Agencies or the International Atomic Energy Agency may, upon request, and with the approval of the Council of the Organization and of the Commission, attend sessions of the Commission and its subsidiary bodies in an observer capacity, in accordance with the Statement of Principles adopted by the Conference relating to the granting of observer status to nations.
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 and relations with international organizations adopted by the Conference or Council of the Organization.
4. Notwithstanding the provisions of paragraphs 1 and 2 above, the Commission and its subsidiary bodies may elect to hold meetings in private, without the attendance of observers. Except in these circumstances, observers may participate fully in the discussions of the Commission and its subsidiary bodies.
5. In the furtherance of the activities provided for in Article IV (e) and (f) of the Agreement, arrangements may be made with governments that are not Members of the Commission.
RULE XII - Reports and recommendations
2. The conclusions and recommendations of the Commission shall be transmitted to the Director-General of the Organization at the close of each session, who shall as soon as possible after the session circulate them through the Secretary to Members of the Commission, nations, Associate Members and international organizations that were represented at the session and make them available to other Member Nations and Associate Members of the Organization for their information.
3. Recommendations having policy, programme or financial implications for the Organization shall be brought by the Director-General to the attention of the Conference through the Council of the Organization for appropriate action.
4. The Director-General may request Members of the Commission to supply the Commission or the Director-General with information on action taken on the basis of recommendations made by the Commission.
5. Pending the formal transmission of the reports of the committees and working parties, as provided for in Article V of the Agreement, the Director-General may, at the request of the Executive Committee, transmit informally these reports to the Members of the Commission.
6. Reports of committees, technical papers and other documents shall be published as the Executive Committee may consider practicable.
RULE XIII - Recommendations to Members
2. The Secretary shall receive on behalf of the Commission the replies of the Members in respect of such recommendations and shall prepare a summary and an analysis of such communications for presentation at the next session.
RULE XIV - Amendments to the Agreement
2. No action on a proposal for the amendment of the Agreement shall be taken by the Commission at any session unless it has been included in the provisional agenda of the session.
RULE XV - Suspension and Amendment of Rules
2. Amendments of, or additions to, these Rules may be adopted on the motion of any delegation by a two- thirds majority of the membership of the Commission at any plenary meeting of the Commission, provided that an announcement is made at a plenary meeting and copies of the proposal for the amendment or addition have been distributed to delegations not less than 24 hours before the meeting at which action is to be taken.
3. The Executive Committee may propose amendments and additions to these Rules, and any such proposals may be considered at the next session of the Commission.
4. Any amendment to Rule XIV, which may be adopted in accordance with the provisions of paragraph 2 of this Rule, shall not become effective until the next session of the Commission.
RULE XVI - Official languages
The FAO CCLM, at its 66th Session (May 1997), gave very careful consideration to the proposed amendment to Rule XVI of the Rules of Procedure of APFIC by which, in future, only the English language would be the official language of the Commission. The CCLM agreed that, from a strictly legal point of view, the amendment was not contrary to the Basic Texts of the Organization. Nevertheless, it was of the opinion that the best solution would be to recommend that the official languages remain English and French with the possibility for the Commission to decide on the working language or languages to be used at each of its sessions.