C 2003/INF/17

Conference

Table of Contents

I. INTRODUCTION

II. CONVENTIONS AND AGREEMENTS CONCLUDED UNDER ARTICLE XIV OF THE FAO CONSTITUTION

1. Agreement for the Establishment of the Asia-Pacific Fishery Commission, approved by the Fourth Session of the FAO Conference in November 1948

2. Constitution of the International Rice Commission, approved by the Fourth Session of the FAO Conference in November 1948

3. Agreement for the Establishment of a General Fisheries Commission for the Mediterranean, approved by the Fifth Session of the FAO Conference in November 1949

- Amendments to the Agreement approved by the FAO Council at its 113^th Session in November 1997

4. International Plant Protection Convention, approved by the Sixth Session of the FAO Conference in November 1951

- Amendments to the Convention approved by the 29th Session of the FAO Conference in November 1997

5. Constitution of the European Commission for the Control of Foot-and-Mouth Disease, approved by the Seventh Session of the FAO Conference in December 1953

6. Plant Protection Agreement for the Asia and Pacific Region, approved by the 23rd Session of the FAO Council in November 1955

- Amendments to Articles II, III, IV and XIV concerning financial obligations, approved by the 84th Session of the FAO Council

7. Convention Placing the International Poplar Commission within the Framework of FAO, approved by the Tenth Session of the FAO Conference in November 1959

8. Agreement for the Establishment of an FAO Commission for Controlling the Desert Locust in South-West Asia, approved by the Twelfth Session of the FAO Conference in December 1963

9. Agreement for the Establishment of a Commission for Controlling the Desert Locust in the Central Region, approved by the 44th Session of the FAO Council in July 1965

10. Agreement for the Establishment of a Commission for Controlling the Desert Locust in North-West Africa, approved by the 55th Session of the FAO Council in November 1970

11. Agreement for the Establishment of a Regional Animal Production and Health Commission for Asia and the Pacific, approved by the 60th Session of the FAO Council in June 1973

12. Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas approved by the 27th Session of the FAO Conference in November 1993

13. Agreement for the Establishment of the Indian Ocean Tuna Commission, approved by the 105th Session of the FAO Council in November 1993

14. Agreement for the Establishment of the Regional Commission for Fisheries, approved by the 117th Session of the FAO Council in November 1999

15. Agreement for the Establishment of a Commission for Controlling the Desert Locust in the Western Region, approved by the 119th Session of the FAO Council in November 2000

16. International Treaty on Plant Genetic Resources for Food and Agriculture, approved by the 31st Session of the FAO Conference in November 2001

III. CONVENTIONS AND AGREEMENTS CONCLUDED OUTSIDE THE FRAMEWORK OF FAO IN RESPECT OF WHICH THE DIRECTOR-GENERAL EXERCISES DEPOSITARY FUNCTIONS

1. International Convention for the Conservation of Atlantic Tunas, concluded at Rio de Janeiro on 14 May 1966

(a) Protocol amending the Convention, concluded at Paris on 10 July 1984

(b) Protocol to Amend Paragraph 2 of Article X of the Convention, concluded at Madrid on 5 June 1992

2. Convention on the Conservation of the Living Resources of the South-East Atlantic, concluded at Rome on 23 October 1969

(a) Amendments to Articles VIII, XVII, XIX and XXI of the Convention, approved on 12 December 1985

(b) Amendment to Article XIII(1) of the Convention, approved on 12 December 1985

(c) Protocol of Termination of the Convention, concluded at Madrid on 19 July 1990

3. Agreement for the Establishment of a Centre on Integrated Rural Development for Asia and the Pacific, concluded at Kuala Lumpur on 29 July 1978

4. Agreement for the Establishment of a Centre on Integrated Rural Development for Africa, concluded at Arusha on 21 September 1979

5. Agreement for the Establishment of a Regional Centre on Agrarian Reform and Rural Development of Latin America and the Caribbean, concluded at Caracas on 11 September 1981

- Protocol to amend the Agreement, concluded at Panama on 17 July 1985

6. Agreement for the Establishment of a Regional Centre on Agrarian Reform and Rural Development for the Near East, concluded at Rome on 28 September 1983

7. Agreement for the Establishment of the Inter-governmental Organization for Marketing Information and Technical Advisory Services for Fishery Products in the Asia and Pacific Region, concluded at Kuala Lumpur on 13 December 1985

8. Agreement on the Network of Aquaculture Centres in Asia and the Pacific, concluded at Bangkok on 8 January 1988

9. Regional Convention on Fisheries Cooperation among African States bordering the Atlantic Ocean, concluded at Dakar on 5 July 1991

10. Agreement for the Establishment of the Intergovernmental Organization for Marketing Information and Cooperation Services for Fishery Products in Africa, concluded at Abidjan on 13 December 1991

11. Agreement for the Establishment of the Near East Plant Protection Organization, concluded at Rabat on 18 February 1993

12. Constitution of the Centre for Marketing Fishery Products in the Arab Region, concluded at Manama on 24 June 1993

13. Constitution of the Centre for Marketing Information and Advisory Services for Fishery Products in Latin America and the Caribbean, concluded at San José on 18 February 1994

14. Convention for the Establishment of the Lake Victoria Fisheries Organization, concluded at Kisumu, Kenya on 30 June 1994

15. Constitution of the African Network for the Development of Horticulture, concluded in Rome on 14 April 2000

16. Agreement for the Establishment of the International Organisation for the Development of Fisheries in Eastern and Central Europe, concluded in Copenhagen on 23 May 2000

17. Convention on the Conservation and Management of Fishery Resources in the South East Atlantic Ocean, concluded in Windhoek on 20 April 2001

IV. CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE SPECIALIZED AGENCIES

I. INTRODUCTION

1. Under the provisions of Article XIV of the FAO Constitution, the Conference may "...approve and submit to Member Nations conventions or agreements concerning questions relating to food and agriculture" and the Council may "...approve and submit to Member Nations agreements concerning questions relating to food and agriculture which are of particular interest to Member Nations of geographical areas specified in such agreements...". In addition, the Council may approve and submit to Member Nations supplementary conventions or agreements designed to implement any convention or agreement which has come into force under the provisions referred to above.

2. Paragraph 5 of Rule XXI of the General Rules of the Organization, provides that "The Director-General shall report to the Conference whenever a convention, agreement, supplementary convention or agreement has, in accordance with its terms, come into force or ceased to be in force, or has been amended and the amendments come into force." The present document is being submitted in accordance with this requirement and reflects the status of conventions and agreements as of 31 August 2003.

3. In accordance with established practice, the Director-General is also reporting to the Conference on the status of: (1) conventions and agreements concluded outside the framework of FAO in respect of which the Director-General exercises depositary functions, and (2) the Convention on the Privileges and Immunities of the Specialized Agencies, the depositary of which is the Secretary-General of the United Nations.

4. The status of each convention and agreement shown in the present document is based on formal instruments and official notifications received by the Director-General. In a number of cases where treaties had either been explicitly extended, or were otherwise considered applicable to territories which have acceded to independence and become Member Nations of FAO, the Director-General has addressed communications to the States concerned with a view to ascertaining whether they considered themselves parties to the treaties in question. The data given in the present document will be updated in the light of the replies that may be received in response to these enquiries.

5. The conventions and agreements concluded under Article XIV of the FAO Constitution, as well as those treaties concluded outside the framework of FAO in respect of which the Director-General exercises depositary functions, are listed hereinafter in chronological order according to the dates on which they were concluded. In respect of each convention and agreement, the participants, in whose name the relevant action was effected (e.g. signature and deposit of an instrument of ratification, approval, accession, adherence or acceptance), appear in alphabetical order; the date underlined on the list is the date of receipt of the instrument which brought the treaty into force.

6. Part IV of this document sets out the status of the Convention on the Privileges and Immunities of the Specialized Agencies.

II. CONVENTIONS AND AGREEMENTS CONCLUDED UNDER ARTICLE XIV OF THE FAO CONSTITUTION

1. AGREEMENT FOR THE ESTABLISHMENT OF THE
ASIA-PACIFIC FISHERY COMMISSION¹

7. In pursuance of a recommendation of the FAO Conference at its Third Session (1947), an Agreement for the Establishment of the Indo-Pacific Fisheries Council (IPFC), was drawn up by the Governments concerned at Baguio in February 1948 and subsequently approved by the FAO Conference at its Fourth Session (November 1948).

8. The Agreement, in accordance with Article IX (now XI) thereof, came into force on 9 November 1948, date of receipt of the fifth instrument of acceptance. The Agreement was registered with the Secretariat of the United Nations on 28 January 1952 under No. 1615.

9. Amendments were approved by the FAO Conference at its Eleventh Session (November 1961). At its Seventeenth Session (1976), the IPFC reviewed the Agreement of 1948, by which it had been established, and adopted a series of amendments thereto which were approved by the FAO Council at its Seventy-second Session (November 1977). The amendments referred to in this paragraph entered into force for all the parties to the Agreement.

10. Amendments proposed by the Commission were approved by the FAO Council at its Hundred and Seventh Session (November 1994). They took effect immediately. The amendments consisted principally in the change of name of the Commission to read "Asia-Pacific Fishery Commission (APFIC)".

11. Amendments adopted by the Commission at its Twenty-fifth Session in October 1996 were approved by the FAO Council at its Hundred and Twelfth Session in June 1997. They took effect immediately. The scope of the amendments was to reinforce and update the terms of reference of the Commission.

Parties to the Agreement

12. The following participants deposited their instruments of acceptance on the corresponding date indicated:

2. CONSTITUTION OF THE INTERNATIONAL RICE COMMISSION

13. The Constitution of the International Rice Commission (IRC), which was approved in principle by the FAO Council in April 1948, was formally approved by the FAO Conference at its Fourth Session (November 1948).

14. In accordance with Article IX (now XIV), the Constitution of the Commission came into force on 4 January 1949. The Constitution of the IRC was registered with the Secretariat of the United Nations on 24 January 1952 under No. 1613.

15. Amendments were approved by the FAO Conference at its Eleventh Session (1961). At a Special Session (November 1973), the IRC adopted further amendments to its Constitution, which were approved by the FAO Council at its Sixty-second Session (November 1973). The amendments referred to in this paragraph entered into force for all the parties to the Constitution.

Parties to the Constitution

16. The following participants deposited their instruments of acceptance on the corresponding date indicated:

3. AGREEMENT FOR THE ESTABLISHMENT OF A GENERAL FISHERIES COMMISSION FOR THE MEDITERRANEAN

17. The Agreement for the Establishment of a General Fisheries Commission for the Mediterranean (GFCM) was approved by the FAO Conference at its Fifth Session (November 1949).

18. In accordance with Article IX (now XII), the Agreement came into force on 20 February 1952, date of receipt of the fifth instrument of acceptance. The Agreement was registered with the Secretariat of the United Nations on 5 April 1952 under No. 1691.

19. Amendments were approved by the Twelfth Session of the FAO Conference (1963). At its Thirteenth Session (July 1976), the GFCM adopted further amendments to the Agreement. The amendments to the Agreement were approved by the Seventieth Session of the FAO Council (December 1976). The amendments referred to in this paragraph entered into force for all the parties to the Agreement.

Parties to the Agreement

20. The following participants deposited their instruments of acceptance on the corresponding date indicated:

21. Declarations and Reservations

Bulgaria

(Reservation made upon acceptance):

"The People's Republic of Bulgaria will not consider itself bound by the decisions of the International Court of Justice with respect to disputes referred to the latter, in accordance with Article XIII of the Agreement, without the consent of the Government of the People's Republic of Bulgaria being given with regard to the specific dispute."⁷

22. At its Twenty-second Session held in Rome from 13 to 16 October 1997, the GFCM adopted two sets of amendments which were approved by the FAO Council at its Hundred and Thirteenth Session (4-6 November 1997). The first set of amendments concerned changes, inter alia, to allow for regional economic integration organizations that are Members of FAO to become members of the General Fisheries Council for the Mediterranean and to change the name of GFCM into "General Fisheries Commission for the Mediterranean". These amendments came into force upon the concurrence of the FAO Council and did not involve any further procedure for acceptance. The second set of amendments which provide for new obligations for the Contracting Parties require formal acceptance from the Parties. Such amendments will come into force only on their acceptance by two-thirds of the members of the Commission and thereafter for each Member on its acceptance thereof.

23. The following participants deposited their instruments of acceptance on the corresponding date indicated:

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¹ The Commission was first designated as the Indo-Pacific Fisheries Council. At its Seventeenth Session in 1976, the Council adopted the title "Indo-Pacific Fishery Commission". The relevant amendment to the Agreement was approved by the FAO Council in 1977. The present designation was adopted by the Commission at its Twenty-fourth Session in 1993. The relevant amendment to the Agreement was approved by the FAO Council at its Hundred and Seventh Session in 1994.

² The Agreement applies to the Hong Kong Special Administrative Region of China (letters from the Permanent Representative of China to FAO to the Director-General of 19 June 1997 and 25 June 1997).

³ On 1 March 1974, the Director-General received a notification of withdrawal from the Netherlands. In accordance with paragraph 1, Article XII (now XIII) of the Agreement, the notification of withdrawal became effective three months from the date of its receipt by the Director-General.

⁴ Acceptance effected under the procedure provided for in paragraph 4, Rule XXI of the General Rules of the Organization, subject to the deposit of a formal instrument of acceptance. The formal instrument was deposited with the Director-General on 3 July 1972.

⁵ On 8 January 2003, the Director-General received a notification of succession from the Federal Republic of Yugoslavia, as a successor State of the Socialist Federal Republic of Yugoslavia. The Federal Republic of Yugoslavia is considered a party to the GFCM as of 27 April 1992, date on which the Federal Republic of Yugoslavia assumed responsibility for its international relations. Subsequently, on 6 February 2003, the Director-General received a further notification informing him that the name Federal Republic of Yugoslavia has been changed to Serbia and Montenegro.

⁶ The United Kingdom, which had become a Party to the Agreement on 20 November 1950, deposited a notification of withdrawal on 25 March 1968. In accordance with paragraph 1, Article XII of the Agreement, the notification of withdrawal became effective three months from the date of its receipt by the Director-General.

⁷ Article XIII referred to is now Article XV.

⁸ See footnote 5.