Contents -
XIII. Constitutional and legal matters
A. Amendments to the constitution and general
rules of the organization
B. Report by the director-general on the
second FAO regional conference for Africa
C. Statutory report on the status of
conventions and agreements and on amendments thereto
D. Statutes and rules of procedure of article
VI bodies
E. Relations with international organizations
F. Agreement for the establishment of a
commission for controlling the desert locust in the eastern
region of its distribution area in southwest Asia
G. Increase in the number of council seats
H. Relationship agreement with the desert
locust control organization for eastern Africa (DLCO for EA)
I. Establishment of the desert locust control
organization for eastern Africa within the framework of FAO
A. Amendments to the constitution and general rules of the organization
Exclusion from membership in the organization
Establishment of joint commissions with other intergovernmental organizations - Proposed amendment to article VI of the FAO constitution
Clarification of article X.1 of the FAO constitution
Technical committees of the conference
Exclusion from membership in the organization
476. The Conference considered a proposal submitted by the Government of Ghana for the amendment of Article II of the Constitution to include a sentence which, with drafting alterations agreed to in Commission III, reads as follows:
"A Member Nation or an Associate Member, which has persistently violated the principles contained in the Preamble of the present Constitution, may be excluded from membership of the Organization by the Conference by a two-thirds majority of the votes cast provided that such majority is more than one half of the Member Nations of the Organization."
477. The Conference also had before it the Report of Commission III on the subject, which is contained in Appendix H hereto.
478. As the proposal is for amendment of the Constitution it fell to be dealt with under Article XX.1 of the Constitution which provides that the Conference may amend the Constitution by a two-thirds majority of the votes cast, provided that such majority is more than half of the Member Nations of the Organization.
479. The proposal was put to a vote by roll call. The result of the voting was as follows:
Votes cast: | 83 |
For: | 47 |
Against: | 36 |
Abstentions: | 11 |
480. The proposed amendment to Article II of the Constitution was
therefore not adopted.
481. The Committee on Constitutional and Legal Matters (CCLM), when considering at its Eighth Session (September 1962) the Statutes of a Commission established jointly by FAO and two other intergovernmental organizations, noted that there was no specific provision in the FAO Constitution empowering FAO to establish, with other intergovernmental organizations, joint commissions the membership of which might include members and associate members of the organizations concerned. CCLM, while being of the opinion that the text of Article VI.1 of the Constitution could be interpreted as empowering the FAO Conference or Council to establish such commissions, felt that, in order to avoid any possible ambiguity or controversy, it would be desirable to amend the Constitution so as to spell this out specifically.
482. The Thirty-Ninth Session of the Council decided that CCLM, should consider the matter again in order to determine, in the light of all the basic texts of the Organization and any other relevant considerations, whether any amendment to the Constitution was actually called for.
483. The Ninth Session of CCLM (April 1963) having examined all the basic texts of the Organization and the systems obtaining in other organizations, reached the same conclusion as previously expressed, namely that, in order to avoid any possible ambiguity or controversy, amendments to the FAO Constitution were called for, and suggested several amendments to Article VI of the Constitution. In compliance with the request of the Council, all Member Nations and Associate Members were informed of the amendments proposed by the Ninth Session of CCLM. These amendments are given in paragraph 168 of the report of the Fortieth Session of the Council.
484. The Fortieth Session of the FAO Council approved, on 28 June 1963, the amendments as suggested by CCLM. the Council, when considering paragraph 2 of Article v', noted that the last sentence of that paragraph, as it appeared both in the provision in force and in the proposed text, was incomplete in that it dealt only with the procedure for the designation of individuals appointed in their personal capacity. It gave no indication regarding the authority that would be responsible for the designation of the "selected "Member Nations and Associate Members that were to become members of the committees or working parties referred to in paragraph 2. The Council therefore decided to recommend, in addition, the substitution of the last sentence of paragraph 2 by the two sentences shown in paragraph 171 of its report. (The consolidated text incorporating all the amendments suggested by the Council was submitted to the Conference in document c 63/48.)
485. The Conference, after having considered the report of the Fortieth Session of the Council regarding proposals for the amendment of Article vi of the FAO Constitution, adopted the following resolution:
Joint commissions with other intergovernmental organizations
THE CONFERENCE
Noting that there was no specific provision in the FAO Constitution regarding the establishment with other intergovernmental organizations of joint commissions and committees whose membership might include members and associate members of the organizations concerned,
Considering the desirability of incorporating in the Constitution specific provision to this effect,
Having examined the draft amendments submitted to it by the Council,
Adopts the amendments to Article VI of the FAO Constitution as set forth in Appendix G to this Report.
(Adopted 3/12/63)
Clarification of article X.1 of the FAO constitution
486. The Eleventh Session of the Conference noted that Article x.1 of the Constitution was not entirely clear as to the manner in which the Conference should give approval for the establishment of subregional offices and requested the Council, through its Committee on Constitutional and Legal Matters (CCLM), to consider how that Article might be clarified.
487. The Conference concurred with the views expressed by CCLM in the report of its Seventh Session and endorsed by the Council to the effect that two issues were involved, the first of which was whether approval of the Conference was necessary for the establishment of subregional offices, and the second, the manner in which the Conference approval should be given.
488. The conclusion reached by the Council with respect to the first issue was that the intention of the drafters of the Constitution had been that Conference approval was required for the establishment of subregional offices. In order to avoid any ambiguity in this respect, the Council suggested that an amendment to Article x.1 of the FAO Constitution would be desirable. The Conference concurred with the view expressed by the Council and therefore adopted the following resolution:
Clarification of Article X.1 of the Constitution
THE CONFERENCE
Having examined the proposal of the Thirty-Ninth Session of the Council,
Adopts the following amendment to Article X.1 of the Constitution (words underlined to be added):
"There shall be such regional offices and subregional offices as the Director-General with the approval of the Conference may decide."
(Adopted 3/12/63)
489. In connection with the above amendment, the Conference wishes to record its understanding that whenever the Constitution and other basic texts of the Organization provide for action to be taken "with the approval"of a given authority, such approval is to precede the action.
490. With regard to the second issue involved, namely the manner and form in which Conference approval should be given, the Conference concurred with the opinion of the Council that, whenever the Constitution calls for Conference approval, such approval should not be implicit but should be formally and explicitly expressed by the Conference.
Technical committees of the conference
491. At its Eleventh Session, the Conference requested the Council to re-examine its proposals concerning the functioning and reporting of the Technical Committees of the Conference as well as their terms of reference and to consider and propose to the Twelfth Session of the Conference appropriate amendments to the General Rules of the Organization.
492. This matter was dealt with by the Thirty-Ninth Session of the Council and its conclusions, including recommendations for amendments to the General Rules of the Organization, were set forth in paragraphs 185 to 203 of its report.
493. The Conference noted the conclusions and recommendations of the Council and adopted the following resolution with regard to the proposals of the Council for amendments to the General Rules of the Organization.
Technical Committees of the Conference
THE CONFERENCE
Amends Rule VII.1 of the General Rules of the Organization by deleting the words between square brackets and adding the words underlined below:
"The Chairman of the Conference, [and] the Chairmen of the Commissions of the Conference and the Rapporteur on the work of the Committees referred to in Rule XV.3, shall be nominated by the Council."
Decides to delete paragraph 6 of Rule XIV of the General Rules of the Organization;
Amends Rule XV.3 substituting the following for the text hitherto in force:
"The Conference may at any session appoint Committees for the consideration of the technical activities of the Organization, to meet prior to the next session of the Conference, at such time as may be determined by the Council. The functions of each such Committee shall, within its field of competence, primarily be to:
"(a) review the activities of the biennium coming to an end relating to the regular, technical assistance and other programs;
"(b) consider from a technical standpoint the different chapters of the draft program of work for the ensuing biennium;
"(c) consider the trends of the Program of Work beyond the ensuing biennium; and
"(d) study such items as may be specifically referred to it by the Council;"and
Decides, in the light of the foregoing, to establish six Technical Committees to meet prior to the Thirteenth Session of the FAO Conference, to deal respectively with agriculture, economics, fisheries, forestry, nutrition, and information and publications.
(Adopted 3/12/63)
B. Report by the director-general on the second FAO regional conference for Africa
494. The Conference adopted the following resolution:
Attendance at FAO meetings in Africa
THE CONFERENCE
Having taken cognizance of the Director-General's report on the Second FAO Regional Conference for Africa,
Noting with concern that a situation has developed in Africa which gravely hampers the smooth development of FAO's activities in the African region and might paralyze its effectiveness in promoting the fulfillment in the region of the objectives of its Constitution,
Decides that, notwithstanding the principles on observer status laid down by the Ninth Session of the Conference, the Republic of South Africa shall no longer be invited to participate in any capacity in FAO conferences, meetings, training centers or other activities in the African region, until the Conference decides otherwise; and
Noting that this arrangement shall not entail the transfer of South Africa to another region in any capacity,
Requests the Director-General to readjust his plans accordingly, taking into account whatever developments may occur during the forthcoming biennium, with a view to ensuring that FAO's programs in the African region are fully implemented.
(Adopted 5/12/63)
C. Statutory report on the status of conventions and agreements and on amendments thereto
Constitution of the European commission for the control of foot-and-mouth disease
Agreement for the establishment of a general fisheries council for the Mediterranean (GFCM)
495. 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."
496. The Conference had before it the Report c 63/46, entitled Statutory report on the status of conventions and agreements and on amendments thereto, which was submitted to it in accordance with the above requirement.
497. The Conference approved this report and took in addition the action indicated in paragraphs 499 and 500 below.
498. The Ninth Session of the FAO Conference, by Resolutions Nos. 43/57 and 46/57, adopted a set of principles relating to the granting of observer status to nations and governing conventions and agreements concluded under Article XIV of the Constitution of the Organization and invited the parties to such conventions to amend the texts of their conventions and agreements when feasible in order to bring them into line with the said set of principles. These principles are set out in Appendixes C and D of the Report of the Ninth Session of the Conference.
Constitution of the European commission for the control of foot-and-mouth disease
499. The Conference noted that the European Commission for the Control of Foot-and-Mouth Disease had, at its Ninth Session (Rome, 27-29 March 1962), amended the provisions of its Constitution to bring them into line with the principles adopted by the Ninth Session of the Conference. The Conference wishes to express its appreciation for the action taken by the Commission.
Agreement for the establishment of a general fisheries council for the Mediterranean (GFCM)
500. The Conference adopted the following resolution:
Agreement for the Establishment of a General Fisheries Council for the Mediterranean (GFCM)
THE CONFERENCE
Considering the set of principles adopted by the Ninth Session of the Conference by Resolutions Nos. 43/57 and 46/57,
Having examined the amendments to the Agreement for the Establishment of a General Fisheries Council for the Mediterranean adopted by the First Special Session of that Council in Rome on 22 May 1963 in order to bring the Agreement into line with the principles embodied in the aforementioned Resolutions, and
Noting that, in accordance with Articles VIII and XV of the Agreement, as amended, any amendment to the Agreement shall become effective only upon approval by the Council or the Conference of the Organization,
Approves the amendments to the Agreement for the Establishment of a General Fisheries Council for the Mediterranean as shown in Appendix I to Document C 63/46 submitted to the Twelfth Session of the Conference; and
Expresses its appreciation for the action taken by the General Fisheries Council for the Mediterranean in conformity with the requests contained in Resolutions Nos. 43/57 and 46/57;
Considering further that, under Article II, paragraph 7 of the Agreement, as amended, the General Fisheries Council for the Mediterranean may adopt or amend its own Rules of Procedure which shall come into force as from the date of approval by the Director-General of the Organization, subject to confirmation by the Council of the Organization, and
Noting further that in view of the interrelation between the amendments to the Agreement and those made to the Rules of Procedure the Council had decided, at its Fortieth Session, to refer the matter of approval of the amendments to the forthcoming Session of the Conference,
Hereby approves the amendments to the Rules of Procedure of the General Fisheries Council for the Mediterranean as given in the aforementioned Appendix.
(Approved 3/12/63)
D. Statutes and rules of procedure of article VI bodies
Advisory committee on marine resources research (adoption of rules of procedure)
European commission on agriculture (amendments to rules of procedure)
Codex alimentarius commission (amendment to statutes and adoption of rules of procedure)
Near east plant protection commission
Asia and the far east commission on agricultural statistics
Advisory committee on forestry education
Committee on horticultural production in the near east and north African area
501. The Conference had before it documents c 63/47 and c 63/47 - Sup. 1, submitted by the Director-General.
Advisory committee on marine resources research (adoption of rules of procedure)
502. At the request of the Eleventh Session of the Conference, the Director-General established, under Article VI.2 of the FAO Constitution, an Advisory Committee on Marine Resources Research the Statutes of which were promulgated by the Director-General on 25 January 1963. In accordance with Article VI.3 of the FAO Constitution, commissions and committees established under paragraphs 1 and 2 of Article VI may adopt their own Rules of Procedure and amendments thereto which shall come into force upon approval by the Director-General, subject to confirmation by the Conference or Council as appropriate. The Advisory Committee on Marine Resources Research adopted Rules of Procedure at its first session in January 1963, which were subsequently approved by the Director-General.
503. The Twelfth Session of the Conference hereby confirms these Rules of Procedure, the text of which is attached to document c 63/47 as Appendix II.
European commission on agriculture (amendments to rules of procedure)
504. The European Commission on Agriculture at its Thirteenth Session held in Rome in May 1963 adopted amendments to its Rules of Procedure. These Rules of Procedure were approved by the Director-General. The Twelfth Session of the Conference hereby confirms the amendments to these Rules of Procedure, the text of which is attached to document c 63/47 as Appendix III.
Codex alimentarius commission (amendment to statutes and adoption of rules of procedure)
505. A joint FAO/WHO Codex Alimentarius Commission was established by Resolution No. 12/61 of the Eleventh Session of the FAO Conference and by action of the Sixteenth World Health Assembly.
506. The Codex Alimentarius Commission, at its first session held in Rome in June/July 1963, proposed an amendment to Article 9 of its Statutes, should the method of financing by trust funds be retained. The same session of the Commission adopted Rules of Procedure for the Commission. The Conference, having decided that the current method of financing the Commission by trust funds should be continued for the time being, decided to amend Article 9 of the Statutes of the Codex Alimentarius Commission by the addition of the words underlined in the following text, subject to subsequent concurrence by the World Health Assembly:
507. While agreeing to this amendment, the Conference decided that the opinion of the Finance Committee on the provision as amended should be sought through the Council with particular regard to the financial implications thereof.
508. The Conference noted the comments of the Director-General with respect to the Rules of Procedure adopted by the Code x Alimentarius Commission, which are contained in document c 63/47 Sup. 1. The Conference agreed that these Rules of Procedure which are set forth in Appendix iv to that document should be put into force on a provisional basis but decided that these Rules be immediately referred, through the Council, to the Committee on Constitutional and Legal Matters for consideration in the light of the Director-General's comments referred to above.
509. However, bearing in mind the delays which would be occasioned by this review, the Conference decided that the Committee on Constitutional and Legal Matters be requested to present its comments and suggestions with respect to any changes to the Rules of Procedure which it might deem necessary, directly to the Codex Alimentarius Commission prior to the second session of that Commission scheduled to be held in September 1964, so as to enable the Commission to take appropriate action, if necessary.
Near east plant protection commission
510. The Conference, after considering the section of document c 63/47 dealing with the establishment of a Near East Plant Protection Commission, adopted the following resolution:
Near East Plant Protection Commission
THE CONFERENCE
Having considered:
(a) the views and recommendations of the FAO plant protection meetings for the Near East in 1961 and 1962 on the need for a regional body to coordinate efforts on plant protection, and
(b) the recommendation made by the Eleventh Session of the Conference of the Organization in 1961, by which the Conference recommended that the Director-General establish a Plant Protection Committee for the Near East,
Recognizing that under the provisions of the Constitution of the Organization a regional commission is more appropriate for this purpose as the membership of a commission is open to all Member Nations and Associate Members whose territories are situated wholly or in part in one or more regions
Hereby establishes under Article VI, paragraph I of the Constitution of the Organization a regional commission to be known as the Near East Plant Protection Commission, the statutes of which shall be as follows:
1. The terms of reference of the Commission shall be to provide advice to the Conference of the Organization and through the Conference to the Members of the Commission on matters relating to the protection of plant resources in the region.
2. The terms of reference of the Commission shall in particular be:
(a) to review the current situation of major pests and diseases in the region;
(b) to advise on recent methods of control and survey techniques;
(c) to advise on plant quarantine measures, including standardization of procedures and techniques;
(d) to consider problems requiring co-operation on a regional basis and measures for mutual assistance;
(e) to review and advise co-ordination of research on plant protection so as to obtain maximum benefit with minimum costs.
(Adopted 3/12/63)
Asia and the far east commission on agricultural statistics
511. The Conference adopted the following resolution:
Asia and the Far East Commission on Agricultural Statistics
THE CONFERENCE
Having considered Recommendation No. B5 of the Sixth FAO Regional Conference for Asia and the Far East by which the Regional Conference requested the Director-General to examine the feasibility of setting up suitable machinery for assisting countries in developing their systems of agricultural statistics and food consumption surveys,
Recognizing the need of the countries of Asia and the Far East to develop their agricultural statistics and that these countries are facing broadly similar problems in the field of agricultural statistics and would therefore profit by the regular exchange of information and experience, and
Appreciating the need for some standing machinery whereby the problems encountered in the region's agricultural statistics could be regularly reviewed and studied and believing that such machinery would also contribute to co-operation and co-ordination of activities In the field of agricultural statistics in the region,
Hereby establishes under Article VI, paragraph I of the Constitution of the Organization, a regional commission to be known as the Asia and the Far East Commission on Agricultural Statistics, the statutes of which shall be as follows:
MEMBERSHIP
TERMS OF REFERENCE
(b) the setting up of a scheme of priorities taking into consideration both the immediate requirements and the long-term development of agricultural statistics on a sound and permanent basis;
(c) working out a minimum program for current agricultural statistics;
(d) the formulation of recommendations regarding measures to be adopted by member countries for:
ii. the co-ordination of food and agricultural statistics as to their coverage, accuracy, timeliness and comparability,
iii. planning short- and long-term training programs in statistics at all levels,
iv. organizing research on statistical problems of common interest to countries in the region;
(e) the formulation of recommendations regarding ways and means in which FAO could assist countries in the development of' food and agricultural statistics including such measures as the organization of training centers and seminars; the promotion of fellowships; the provision of technical assistance through experts and regional statistical advisers; the promotion of research in statistical problems under local conditions;
(f) the consideration of problems referred to the Commission by the FAO Conference and Council and FAO regional conferences and the preparation of suitable reports including relevant recommendations;
(g) the organization of technical discussions between national experts on specific statistical problems related to the program of work of' the Commission by convening working groups whose detailed terms of reference are to be worked out by the Commission;
(h) the compilation of data from member countries in relation to the program of work of the Commission and its working groups;
(i) the preparation of a summary report to the Director-General for presentation to the FAO Conference or Council incorporating the main recommendations of the Commission particularly those on policy matters which require Conference or Council action.
OBSERVERS
4. Nations which while not Member Nations or Associate Members of the Organization are Members of the United Nations, may, upon their request and with the approval of the Council of the Organization granted upon the recommendations of the Commission, be invited to attend in an observer capacity the sessions of the Commission, in accordance with the provisions relating to the granting of observer status to nations adopted by the Conference of the Organization.
INTERNATIONAL ORGANIZATIONS
SESSIONS
REPORTS
8. Recommendations having policy, program or financial implications for the Organization shall be brought by the Director-General to the attention of the Conference or Council of the Organization for appropriate action.
9. Subject to the provision of the preceding paragraph, the Director-General of the Organization may request members of the Commission to supply the Commission with information on action taken on the basis of recommendations made by the Commission.
SUBSIDIARY BODIES
11. The terms of reference and reporting procedure of the subsidiary bodies shall be determined by the Commission.
EXPENSES
LANGUAGES
RULES OF PROCEDURE
(Adopted 3/12/63)
Advisory committee on forestry education
Advisory Committee on Forestry Education
THE CONFERENCE
Approving the high priority accorded to forestry education in the Director-General's Program of Work for 1964-65, according to the directives of earlier sessions of the Conference and in recognition of the widespread number of forestry faculty and school projects being requested by developing countries under the United Nations Special Fund and the Expanded Program of Technical Assistance, and
Considering that the Director-General needs to be able to call readily on informed and impartial advice in regard to the programing, establishment and strengthening of new educational facilities in forestry, but that the procedure hitherto adopted for this purpose is no longer adequate, namely the convening of occasional ad hoc meetings of members of the FAO Panel on Education in Forestry,
Hereby authorizes the Director-General:
(b) to select Member Nations and Associate Members inviting them to appoint members of this Committee on the basis of their technical competence, such selection by the Director-General of Member Nations and Associate Members being effected in the light of the desirability that the Committee membership should be not less than twelve and not more than twenty, and that its composition should be representative of the different regions of the world and of countries with long-established institutions for training forestry personnel at the professional and technical levels;
(c) to convene periodic sessions of this Committee, on the understanding that:
ii. the Director-General shall supply the necessary secretariat services for the Committee.
(Adopted 3/12/63)
Committee on horticultural production in the near east and north African area
Committee on Horticultural Production in the Near East and North African Area
THE CONFERENCE
Having noted the recommendations of the Fifth FAO Regional Conference for the Near East (Tehran 1960) and Recommendation No. 3 of the FAO Meeting on Horticultural Problems and Programs (Cairo 1963) relating to the setting up of a permanent FAO body on fruit and vegetable production,
Considering the steadily increasing importance of horticultural production in the Near East and North African area for the improvement of the human diet of both rural and urban populations and for the strengthening of the economies of the countries concerned, and
Convinced that many technical problems related to the production and handling of horticultural crops can best be solved through international co-operation,
Hereby authorizes the Director-General:
(a) to establish under Article VI, paragraph 2 of the Constitution, a Committee of selected Member Nations and Associate Members on horticultural production in the Near East and North African area for the promotion and the establishment of a balanced program on horticultural research at regional level through periodical meetings and, if necessary, the establishment of subsidiary on specific crops or fields of work, and
(b) to select the Member Nations and Associate Members from the above-named area for membership in the Committee and to invite, when appropriate, any other interested Member Nation or Associate Member to be represented by an observer.
(Adopted 3/12/63)
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