Contents -


X. Constitutional and legal matters


A. Membership of the council
B. Composition of delegations to the conference
C. Membership in commodity study groups
D. Term of office of the director-general
E. Term of office of the committee on constitutional and legal matters and methods of convening the committee
F. Technical committees of the conference
G. Regional fisheries advisory commission for the southwest Atlantic
H. Establishment of a regional fisheries commission for western Africa
I. Statutory report on the status of conventions and agreements and on amendments thereto
J. Procedure for approval of amendments to basic texts
K. Approval of statutes (including rules of procedure) of article VI bodies
L. Relations with international organizations and granting of consultative status


A. Membership of the council


Increase in the membership of the council
Rotation of council seats


Increase in the membership of the council

418. The Conference, at its Tenth Session, had requested the Council to consider the desirability of increasing the membership of the Council in the light of the admission of new members to the Organization (Conference Resolution No. 57/59), and had requested the Council to report on this matter to its Eleventh Session. Accordingly, the Council submitted a report to the Conference (C 61/23), 21 which recommended an increase in the membership of the Council to twenty-six, and at the same time invited the Conference to consider the advisability of establishing a twenty-seventh seat, both of the additional seats being allocated to the African Region.

419. In the light of the foregoing, the Conference adopted the following resolution:

RESOLUTION No. 19/61

Increase in the membership of the Council

THE CONFERENCE

Having considered the report of the Council contained in document C 61/23,

Decides to increase the membership of the Council from 25 to 27;

Allocates the two additional seats to the African region;

Amends Article VI of the Constitution and Rule XXII.1 (b) of the General Rules of the Organization as follows, in order to effect this increase:

  • In Article VI of the Constitution, the number between brackets is to be deleted and the words underlined are to be added:
  • "1. A Council of the Organization consisting of (25) twenty-seven Member Nations shall be elected by the Conference..."
  • Redraft Rule XXII.1 (b) of the General Rules of the Organization as follows:

  • "The Conference shall make such provisions as will ensure that the terms of office of nine Members of the Council shall expire in each calendar year."
  • (Adopted 13/1 1/1961)

    420. In regard to the Council's recommendation that the membership of the Council should have a ceiling of not more than one-third of the total membership of the Organization, there was substantial support among delegates for such a ceiling.

    421. In this connection, several delegates supported a proposal that the membership of the Council should be increased to thirty. The Conference, however, felt itself unable to accept a proposal for an increase exceeding a total membership of twenty-seven at this stage. It decided accordingly that this matter be referred to the Council for its consideration and for such recommendation as it might wish to make to the Twelfth Session of the Conference in 1963.

    Rotation of council seats

    422. The Conference again felt it necessary to call attention to the principle of rotation embodied in Rule XXII.3 (c) of the General Rules of the Organization and adopted the following resolution:

    RESOLUTION No. 20/61

    Rotation of Council seats

    THE CONFERENCE

    Considering the ever-increasing number of member countries and their legitimate desire to be represented on the Council,

    Considering the tendency to increase the number of seats in order to meet this desire, and the resulting pressure which will in future tend to impair the efficiency of the Council, and

    Noting the existence of provisions in the General Rules of the Organization which cover the situation by establishing the principle of rotation and membership, invites member countries to pay serious attention to this principle of rotation and thus keep alive the interest of member countries in order to ensure efficient functioning of the Organization.

    B. Composition of delegations to the conference

    423. The Conference had before it a proposal from the Government of the United States of America to amend Article III.2 of the Constitution and Rule III.1 of the General Rules of the Organization so as to permit delegations to the Conference to be accompanied by more than one alternate.

    424. The Conference agreed to this proposal and adopted the following resolution:

    RESOLUTION No. 21/61

    Composition of delegations to the Conference

    THE CONFERENCE

    Adopts the following amendments to the Constitution and General Rules of the Organization:

    Article III.2 of the Constitution: Amend to read:

  • "Each Member Nation and Associate Member may appoint alternates, associates and advisers..., "instead of the present wording "an alternate."
  • Rule III.1 of the General Rules: Amend to read.

  • "...that is to say, its delegate, and his alternates, associates and advisers..."instead of the present word "alternate."
  • (Adopted 13/11/1961)

    C. Membership in commodity study groups


    Clarification of the term "commodity study groups "


    425. At the Thirty -Fourth Session of the Council, some members expressed concern at the disparity between the status of Associate Members that may be members of commodity study groups, and the status of non-Member Nations of the Organization that may become members of these groups. The former may not hold office and do not have the right to vote, whilst the latter could enjoy these rights.

    426. The Council referred this matter to the Committee on Constitutional and Legal Matters (CCLM).

    427. CCLM pointed out that there could be two possible ways of removing this disparity: either by depriving non-Member Nations that might become members of commodity study groups of the right to vote and to hold office, or by granting these rights to Associate Members that may be members of commodity study groups.

    428. As the status of non-Member Nations that may be members of commodity study groups results from the application of the Havana Charter, which serves as a general guide to FAO, CCLM did not feel that it could recommend that such non-Member Nations be deprived of the right to vote or to hold office in commodity study groups.

    429. In its report, CCLM suggested that, if the aforementioned disparity between the status of Associate Members and that of non-Member Nations was to be removed, it would be preferable to do so by granting Associate Members the right to hold office and to vote in such groups rather than by depriving non-Member Nations of these rights.

    430. At the Thirty -Sixth Session of the Council, many delegations favored the former solution. In view, however, of the support of other delegations for the maintenance of the status quo in this respect, the Council decided to refer the matter to the Conference together with a statement of the views expressed in the Council.

    431. This matter was discussed at length by the Conference. The Conference concurred with the views of CCLM that non-Member Nations of the Organization that may become members of commodity study groups should not be deprived of the right to vote.

    432. The main issue debated was whether, in order to remove the disparity between the status of Associate Members and that of non-Member Nations of the Organization that may be members of commodity study groups, Associate Members should be given the right to hold office and to vote in such groups.

    433. A number of arguments were put forward for and against the granting of such rights. After careful consideration of the arguments advanced, the Conference proceeded to vote on a draft amendment to Rule XXIX.9 of the General Rules of the Organization, which was intended to grant Associate Members the right to vote and to hold office in commodity study groups, but the proposal for the amendment was not adopted, the two-thirds majority required under the General Rules of the Organization not having been attained.

    Clarification of the term "Commodity Study Groups"

    434. The Thirty -Fourth Session of the Council (October 1960), when considering a draft amendment to Financial Regulation V at the request of the Tenth Session of the Conference, had noted that in the draft amendment and in Rule XXIX.9 of the General Rules of the Organization reference was made to "commodity study groups "and had considered that this term needed clarification.

    435. The Thirty -Fourth Session of the Council therefore referred this matter for consideration to the Committee on Constitutional and Legal Matters (CCLM).

    436. The Thirty -Sixth Session of the Council (October 1961) had before it the report of the Fifth Session of that Committee (C 61/28), in which it expressed the view that the term "commodity study groups"applied to groups having the four characteristics enumerated in paragraph 25 of its report.

    437. The Conference noted the decision of the Council that, before taking any action with respect to the definition formulated by CCLM, the report of that Committee should be transmitted to the Committee on Commodity Problems (CCP) with the request that the latter Committee report back to the Council its views on the characteristics referred to above.

    438. While the Conference concurred with the action taken by the Council it decided that in the light of the definition as formulated by CCLM and of the views of CCP, the Council should approve a definition of the term "commodity study groups, "without having to refer the matter back to the Conference.

    D. Term of office of the director-general

    439. The Conference had before it the proposal submitted by the Government of the United States to the effect that Article VII of the FAO Constitution should be amended to provide for a specific term of office for the Director-General.

    440. There was unanimous agreement that the Director-General should be appointed for a term of four years. As regards the question of reappointment, the majority was in favour of the proposal permitting the reappointment of the Director-General for not more than two successive terms of two years each.

    441. The Conference adopted the following resolution:

    RESOLUTION No. 22/61

    Term of office of the Director-General

    THE CONFERENCE

    Considering the desirability of establishing a specific term of office for the Director-General

    Decides to amend Article VII of the Constitution and Rule XXXII of the General Rules of the Organization as follows:

    (a) Substitute for Article VII paragraph 1 the following text:

    "1. There shall be a Director-General of the Organization who shall be appointed by the Conference for a term of four years.

    "2. Upon expiry of the term of four years, the Director-General may be reappointed for a term of two years. Upon expiry of this term of two years, the Director-General may be reappointed for a further term of two years, after which he shall not be eligible for reappointment.

    "3. Appointments and reappointments under this Article shall be made by such procedures and on such other terms as the Conference may determine.

    "4. Should the office of Director-General become vacant during any one of the above-mentioned terms of office, the Conference may appoint a successor to serve for the then unexpired portion of that term of office. Such successor may again be appointed or reappointed in accordance with the provisions of paragraphs 1, 2 and 3 of this Article, provided that the total of his terms of office does not exceed eight years."

    (b) Present paragraphs 2 and 3 of Article VII of the Constitution are to be renumbered 5 and 6.(c) Add 25 to Rule XXXII.1 (b) the words underlined:

  • "Subject to the provisions of Article VII, paragraphs I to 4 of the Constitution, the terms and conditions of appointment of the new Director-General..."
  • And further decides that the conditions laid down in Article VII paragraphs 1 to 4 of the Constitution as amended above shall only come into force with the appointment of a Director-General other than the present incumbent of that office.

    (Adopted 23/11/1961)

    E. Term of office of the committee on constitutional and legal matters and methods of convening the committee

    442. The Conference had before it the report on the above items, Document C 61/LIM/9, and adopted the following resolution:

    RESOLUTION No. 23/61

    Term of office of the Committee on Constitutional and Legal matters and methods of convening the Committee

    THE CONFERENCE

    Considering the desirability of bringing about uniformity in the terms of office of the Council Standing Committees, of clarifying the circumstances under which the Committee on Constitutional and Legal Matters should meet, and of avoiding undue use of the Council's time in reappointing that Committee,

    Amends Rule XXX of the General Rules of the Organization as shown below:

    1. Redraft Rule XXX.1 as follows:

    "The Committee on Constitutional and Legal Matters provided for in paragraph 6 of Article V of the Constitution shall be composed of no' more than seven Member Nations elected by the Council for a period of two years at the session of the Council immediately following the regular session of the Conference."

    2. Redraft the first sentence of Rule XXX.3 as follows:

    "The Committee shall hold sessions to consider specific matters referred to it by the Council or the Director-General and which may arise out of:..."

    3. Delete the last sentence of Rule XXX.3 which reads as follows:

    "When the Committee is in session, the Director-General, after consultation with the Chairman of the Committee, may seek the Committee's advice on matters of a constitutional or legal character."

    4. Delete the words between brackets from Rule XXX.4: "The Committee shall [at each of its sessions] elect a chairman and a vice-chairman from among its members."

    (Adopted 23/11/1961)

    F. Technical committees of the conference


    Terms of reference
    Reporting procedures


    Terms of reference

    443. At its Tenth Session, the Conference requested the Council to review the terms of reference and responsibilities of the Technical Committees set up by Commission 11 of the Conference for the purpose of examining and reporting upon the progress and planning of the Organization's technical activities. The Council reported (C 61/24) 28 on this question, and established under Article VI of the Constitution six ad hoc committees to function like the Technical Committees but on the basis of the appended terms of reference (Appendix H). These committees were convened one week prior to the opening of the Eleventh Session of the Conference.

    444. The Conference noted with approval the action taken by the Council with regard to the establishing of the ad hoc committees for the present session of the Conference.

    445. With regard to the proposals of the Council:

    RESOLUTION No. 24/61

    Technical of the Conference

    THE CONFERENCE

    Amends Rule XV of the General Rules of the Organization by the addition of a new paragraph 3 to that Rule as follows:

    "The Conference may at any session establish 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. These committees shall consider such items of the provisional agenda of that session of the Conference as may be referred to them by the Council and shall report to the appropriate commission of the Conference."

    Establishes six Technical Committees, open to all Member Nations and Associate Members, to convene in advance of its Twelfth Session;

    Requests the Council a' its first session in 1963 to set a date for convening these Committees, and to refer to them such items of the Provisional Conference Agenda as it deems desirable, which items are to be considered by the Committees in accordance with the terms of reference appended hereto'

    Instructs the Director-General to circulate the terms of reference for these Committees to all Member Governments at the time such governments are invited to be represented on the Committees, and also to draw the attention of the delegates attending the Committees to these terms of reference before the Committees commence their work;

    Requests the Council to consider and propose to the Twelfth Session of the Conference any amendment to Rule XIV.6 of the General Rules of the Organization as may be considered necessary in the light of the experience gained during the current Session of the Conference.

    (Adopted 23/11/1961)

    Reporting procedures

    446. The Conference noted that the Council at its Thirty -Fourth Session had proposed new procedures as an experiment for the presentation of the Technical Committees' reports to Commission II. The Conference also noted that under the revised procedure the reports of the Technical Committees were to serve only as background material and were not to be regarded as part of the Conference report and that the major issues dealt with were to be brought to the attention of Commission II by the Rapporteur of Commission II. The Conference took note of the following observations of the Rapporteur of Commission II.

    447. The six Technical Committees began their meetings during the week preceding the Eleventh Session of the Conference, when three Committees were meeting simultaneously almost every day. Thus, even had the Rapporteur been appointed before these Committees began their work, he could not have followed the deliberations of any one of them throughout. As it was, he had to rely largely on the reports of the Committees and try to determine from them what the important issues were. In this connection, it was pointed out that not all the Committees clearly indicated priorities. The Rapporteur considered that, in the last resort, such determination is a matter of judgment and not of fact, the more particularly as the instructions relating to the preparation of the Technical Committees' reports and the action thereon to be taken by the Rapporteur of Commission II were not as specific and clear as circumstances demanded.

    448. In this regard, the Rapporteur had acted on the assumption that the reports of the Technical Committees, under the new procedure, would not form part of the Conference report. In the circumstances, he proceeded with the preparation of a report which would place before the Conference not simply a list of recommendations but also the essential background material on which they were based. Anything less than that did not seem to be sufficient, as it appeared obvious to him that the Conference must take position on the major recommendations and decisions relating to the program of work and the future trends formulated by the Technical Committees. Moreover, Commission II would find it difficult to take decisions on the basis of a mere list of important points or recommendations without reopening time-consuming debate on many of them. The Rapporteur also pointed out that his draft report had been discussed and agreed with the Chairmen of the six Technical Committees and all the changes they had proposed had been incorporated.

    449. The Conference, in the light of these observations, requested the Council to re-examine its proposals concerning the reporting of Technical Committees as well as their terms of reference, with a view to avoiding duplication of effort and to identifying the respective responsibilities of the Rapporteur and the Technical Committees. The Council should also take into account the fact that a Rapporteur has limitations in reporting to the Commission on recommendations arising from six Technical Committees on different subject matters. The Council should again examine whether the Technical Committees' recommendations should not be referred to the Commission direct for a determination. The type of information which the Rapporteur should highlight in the Commission should be based on clear guidelines to be laid down for the purpose.

    As far as the report of the Eleventh Session is concerned, the Conference decided to issue the reports of the Technical Committees as appendices.

    G. Regional fisheries advisory commission for the southwest Atlantic

    450. At a Technical Conference of American States of the South Atlantic (Montevideo, September 1959), it was recommended that a permanent regional fisheries commission for that zone be created within the framework of FAO.

    451. By Resolution No. 25/59, the Tenth Session of the Conference requested the Director-General to study, together with the governments of the American countries of the south Atlantic, the possibility of creating such a commission to serve that area in a form similar to that of other FAO regional fisheries councils or commissions.

    452. At the second Technical Conference of American States of the South Atlantic (Rio de Janeiro, June 1960), the desirability of creating such a commission was reiterated.

    453. FAO was represented by observers at these conferences and the Director-General, through officers of the Organization, held consultations with the authorities of the governments concerned, from which it emerged that there was unanimous support for the establishment of such a body.

    454. Draft statutes for the establishment of a regional fisheries advisory commission for the Southwest Atlantic were submitted to the Eleventh Session of the Conference (C 61/LIM/8).

    RESOLUTION No. 25/61

    Regional Fisheries Advisory for the Southwest Atlantic

    THE CONFERENCE

    Considering the terms of Conference Resolution No. 25/59 of the Tenth Session of the Conference requesting the Director-General to study, together with the governments of the American countries of the south Atlantic, the possibility of creating a regional fisheries commission to serve the said zone in a form similar to that of other FAO regional fisheries councils or commissions,

    Noting the consultations which the Director-General had with the authorities of the governments concerned,

    Having examined the draft statutes for the establishment of a regional fisheries advisory commission for the southwest Atlantic submitted to the Eleventh Session of the Conference (C 61/LIM/8), and

    Noting further that at this session the delegates of the governments concerned have indicated that some adjustments to the proposed statutes will be required,

    Hereby establishes under paragraph I of Article VI of the FAO Constitution a Regional Fisheries Advisory Commission for the Southwest Atlantic;

    Authorizes the Director-General, in accordance with the provisions of paragraph 3 of Article VI of the Constitution of the Organization to determine, in the light of the draft statutes referred to above and in consultation with the Committee on Constitutional and Legal Matters (CCLM) the terms of reference, scope of activities, reporting procedures of and other appropriate provisions applicable to the aforementioned Commission, consistent with the Principles and Procedures of the Organization governing commissions and committees;

    Requests the Thirty -Seventh Session of the Council to call this matter to the attention of CCLM; and

    Emphasizes the desirability of putting the terms of reference, reporting procedures and other appropriate provisions into force at the earliest possible date.

    H. Establishment of a regional fisheries commission for western Africa

    455. The Tenth Session of the Conference, by Resolution No. 24/59, requested the Director-General to explore the possibility of establishing a body in the western part of the African region to serve that area in a manner similar to that in which the

    Indo-Pacific Fisheries Council and the General Fisheries Council for the Mediterranean serve their areas.

    456. Further to that resolution and to the recommendation of the meeting held at Dakar (May 1961), and in compliance with the request of the Thirty -Fifth Session of the Council (June 1961), a draft resolution for the establishment of a Regional Fisheries Commission for Western Africa, drawn up by the Director-General in consultation with CCLM, was submitted to and adopted by the Thirty -Sixth Session of the Council (October 1961).

    457. The Conference noted with satisfaction the action taken by the Council in formally establishing the Commission under paragraph I of Article V] of the FAO Constitution.

    458. The Council in its report had indicated that the sessions of the Commission would normally be convened at the seat of the Regional Office of FAO for Africa. The Conference, however, decided that, whilst the seat of the Commission should be at the FAO Regional Office for Africa, the place and time of its sessions should be determined by the Director-General in consultation with the Chairman of the Commission, as provided for in the rules of procedure of similar bodies.

    I. Statutory report on the status of conventions and agreements and on amendments thereto


    Constitution or the international rice commission
    Constitution of the European commission for the control of foot-and-mouth disease
    Agreement for the establishment of an Indo-Pacific fisheries council
    Agreement for the establishment of the general fisheries council for the Mediterranean (GFCM)
    Agreement for the establishment of a Latin-American fisheries council
    International poplar commission
    Agreement for the establishment on a permanent basis of a Latin-American forest research and training institute
    Convention on the privileges and immunities of the specialized agencies


    459. 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."

    460. The Conference had before it the report [C 61/30 (French and Spanish versions), C 61/30-Rev. I (English version) and C 61/30-Add. 1] 31 which was submitted to it in accordance with the above requirement.

    461. 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 and agreements to amend the texts of their conventions and agreements when feasible in order to bring them into line with the said set of principles and procedures. These principles are set out in Appendices C and D of the Report of the Ninth Session of the Conference.

    Constitution or the international rice commission

    462. The Conference adopted the following resolution:

    RESOLUTION No. 26/61

    Constitution of the International Rice Commission

    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 Constitution of the International Rice Commission which were adopted by the Seventh Session of that Commission at Saigon, Viet-Nam (16-20 November 1960) in order to bring that Constitution into line with the principles embodied in the above-mentioned Resolutions, and

    Noting that under Article IX of the Constitution of the Commission, amendments to that Constitution become effective only after concurrence of the FAO Conference,

    Approves the amendments to the Constitution of the International Rice Commission as shown in Appendix A to Documents C 61/30 (French and Spanish versions) and C 61/30 Rev. I (English version) submitted to the Eleventh Session of the Conference, which amendments were incorporated into the revised text of the Constitution of the Commission as adopted by that Commission at the above-mentioned session in Saigon; and

    Expresses its appreciation of the action taken by the International Rice Commission in conformity with the request contained in Resolutions Nos. 43/57 and 46/57 of the Ninth Session of the Conference;

    Considering further that, under Article V.4 of the Constitution of the Commission as amended, the Commission may adopt and amend its 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,

    Noting further that the Director-General had approved the amendments to the Rules of Procedure of the Commission which are shown in Appendix A to Documents C 61/30 (French and Spanish versions) and C 61/30 Rev. 1 (English version), but that, in view of the inter-relationship between the amendments to the Rules of Procedure and those made to the Constitution, the Director-General had made that approval subject to confirmation by the Conference,

    Hereby approves the said amendments to the Rules of Procedure of the International Rice Commission as given in the aforementioned Appendix.

    463. The Conference noted the suggestion formulated by the delegate of the United Kingdom to the effect that additional amendments should be made to the Constitution of the International Rice Commission. The text of these amendments has been incorporated in the verbatim of the proceedings of Commission III of the Conference. The Conference did not consider the substance of these amendments and suggested that the Government of the United Kingdom submit these amendments directly to the International Rice Commission for consideration at its next session.

    Constitution of the European commission for the control of foot-and-mouth disease

    464. The Conference noted that the Eighth Session of the European Commission for the Control of Foot-and-Mouth Disease had considered the amendments that would have to be made to its Constitution to bring it into line with the principles embodied in Resolutions Nos. 43/57 and 46/57 of the Ninth Session of the Conference, and that the Commission, while agreeing to accept these amendments in principle, did not proceed to adopt them formally but decided to place the matter on the agenda of its next session when it would proceed to a formal vote on them.

    465. The Conference appreciated the sympathetic consideration given by the to this matter and urged it to adopt amendments in line with the principles referred to above.

    Agreement for the establishment of an Indo-Pacific fisheries council

    466. The Conference adopted the following resolution:

    RESOLUTION No. 27/61

    Agreement for the establishment of an Indo-Pacific Fisheries Council

    THE CONFERENCE

    Considering the set of principles adopted by the Ninth Session of the Conference in Resolutions Nos. 43/57 and 46/57,

    Having examined the amendments to the Agreement for the establishment of an Indo-Pacific Fisheries Council, adopted by the Ninth Session of that Council in Karachi, Pakistan (6-23 January 1961) in order to bring the Agreement into line with the principles embodied in the above-mentioned Resolutions, and

    Noting that, under Article XV of the Agreement as adopted in Karachi, two copies in English and French of the Agreement as amended shall, after approval by the Council or Conference of the Organization, as appropriate, be certified by the Chairman of the Council or Conference of the Organization and by the Director-General of the Organization,

    Approves the amendments to the Agreement for the establishment of an Indo-Pacific Fisheries Council as shown in Appendix B to Document C 61/30 (French and Spanish versions) and C 61/30 Rev. I (English version) submitted to the Eleventh Session of the Conference; and

    Expresses its appreciation of the action taken by the Indo-Pacific [Fisheries Council in conformity with the request contained in Resolutions Nos. 43/57 and 46/57;

    Considering further that, under Article 11.7 of the Agreement as amended, the Indo-Pacific Fisheries Council may adopt and 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 the Director-General had approved the amendments to the Rules of Procedure of the Council which are shown in Appendix B to Documents C 61/30 (French and Spanish versions) and C 61/30 Rev. 1 (English version) but that in view of the interrelationship between the amendments to the Rules of Procedure and those made to the Agreement, the Director-General had made that approval subject to confirmation by the Conference,

    Hereby approves the amendments to the Rules of Procedure of the Indo-Pacific Fisheries Council as given in the aforementioned Appendix.

    467. The Conference noted the suggestion formulated by the delegate of the United Kingdom to the effect that additional amendments should he made to the Agreement for the establishment of an Indo-Pacific Fisheries Council. The text of these amendments has been incorporated in the verbatim of the proceedings of Commission III of the Conference. The Conference did not consider the substance of these amendments and suggested that the Government of the United Kingdom submit them directly to the Indo-Pacific Fisheries Council for consideration at its next session.

    Agreement for the establishment of the general fisheries council for the Mediterranean (GFCM)

    468. As a result of the adoption by the Ninth Session of the Conference in 1957 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, the Director-General prepared a document containing a set of draft amendments to the Agreement establishing GFCM and to the Rules of Procedure of that body, which amendments would be required to bring the said Agreement and Rules into line with the above-mentioned principles.

    469. Certain of the draft amendments submitted by the Director-General were adopted by GFCM without modification. These amendments, which are fully consistent with the principles adopted by the FAO Conference, are shown in Appendix F to this Report.

    470. Of the remaining amendments submitted by the Director-General, some were adopted with modifications constituting to a certain extent departures from the principles referred to above, and others were not adopted.

    RESOLUTION No. 28/61

    Amendments to the Agreement for the establishment of the 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, and

    Having examined the amendments to the Agreement for the establishment of the General Fisheries Council for the Mediterranean and to the Rules of Procedure of that Council, which were adopted by the Sixth Session of the GFCM Council held in Rome (22-28 September 1960),

    Concurs with such amendments adopted by GFCM as they appear in Appendix F to this report;

    Noting further that the principles referred to above were not fully implemented in the remaining amendments adopted by GFCM,

    Invites GFCM to reconsider this matter;

    Suggests that appropriate amendments be considered in conjunction with the Committee on Constitutional and Legal Matters (CCLM); and

    Requests the Council to can this matter to the attention of CCLM.

    Agreement for the establishment of a Latin-American fisheries council

    471. The text of an Agreement for the establishment of a Latin-American Fisheries Council was approved by the Sixth Session of the FAO Conference in 1951, for submission to Member Governments of the Organization with a view to their acceptance.

    472. Article IX.1 of the Agreement provided that the Agreement would come into force upon the date of receipt of the fifth notification of acceptance.

    473. The Tenth Session of the Conference, noting that since 1951 only two governments had deposited instruments of acceptance of this Agreement, considered it undesirable to leave the Agreement indefinitely open for acceptance and to prolong further the state of uncertainty as to whether it would ever enter into force.

    474. The Tenth Session of the Conference therefore decided that the Agreement should remain open for acceptance until 30 September 1960 and that, if by that date the required number of acceptances had not been received, the Agreement should be considered as having been withdrawn.

    475. No formal instrument of acceptance having been received since the Tenth Session of the Conference, the Eleventh Session of the Conference noted that the Agreement had been withdrawn.

    International poplar commission

    476. The Tenth Session of the Conference approved the text of the Convention placing the International Poplar Commission within the framework of the Organization.

    477. The Convention, in accordance with Article XVIII.1 thereof, was to enter into force as soon as twelve Member Nations or Associate Members of the Organization had become parties to it.

    478. The Eleventh Session of the Conference noted with satisfaction that the Convention came into force on 26 September 1961, the date of receipt of the twelfth instrument of acceptance.

    Agreement for the establishment on a permanent basis of a Latin-American forest research and training institute

    479. The Tenth Session of the Conference approved, under Article XV of the Constitution of the Organization, the text of a multilateral agreement establishing, under the auspices of the Organization and on a permanent basis, a Latin-American Forest Research and Training Institute at Mérida, Venezuela.

    480. The Agreement provided that, after acceptance by the Organization, it was to come into force as soon as instruments of acceptance had been received by the Director-General of the Organization from the Government of Venezuela and four other Member Governments, provided such acceptances were received within one year of the date of approval of the Agreement by the Conference of the Organization.

    481. The Agreement having been approved by the Conference on 18 November 1959, the period of one year expired on 18 November 1960.

    482. The Conference was happy to note that the required number of instruments of acceptance was received by 16 November 1960 and that the Agreement came into force on that Sate.


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