V.
Constitutional and legal matters
A.
Increase in the number of council seats: amendment to article V-1 of the
constitution
B.
Examination of and amendments to the FAO basic texts
C.
Statutory report on status of conventions and agreements and amendments
thereto
D.
Granting of official status to international organizations
E.
Confirmation of relationship agreement between FAO and the international
commission for the conservation of Atlantic tunas (ICCAT)
F.
Question of participation of African liberation movements in FAO meetings
A. Increase in the number of council seats: amendment to article V-1 of the constitution
306. By Resolution 20/71, the Conference at its Sixteenth Session had requested the Council to examine in consultation with the Programme and Finance Committees and the Committee on Constitutional and Legal Matters the advisability of increasing the number of Council seats, and to submit to the Conference a report, recommendations and, if appropriate, a suitable draft amendment to the FAO Constitution.
307. The Conference noted that the Council had examined the question and had recommended an increase in the number of Council seats from 34 to 40. This recommendation and a draft amendment to Article V-1 of the Constitution was embodied in a draft resolution for the Conference prepared by the Council.
308. Certain amendments were introduced proposing an increase of the number of Council seats to more than 40. After deciding that these amendments were receivable, the Conference decided that the membership of the Council should be increased from 34 to 42.
309. The Conference further decided that the Council should consider the whole problem of the constitution and rules of the Council, and submit proposals to the Eighteenth Session of the Conference, which should decide on a permanent basis on the role, functions and composition of the Council.
310. The Conference adopted the following resolution:
INCREASE IN THE NUMBER OF COUNCIL SEATS
THE CONFERENCE,
Recalling its Resolution 20/71 whereby it requested the Council to examine, in consultation with the Programme Committee, the Finance Committee and the Committee on Constitutional and Legal Matters, the advisability of increasing the number of Council seats and to submit to the Conference a report and recommendations and, if appropriate, a suitable draft amendment to the Constitution,
Considering the increase in the total membership of the Organization and the desirability of giving Member Nations a better opportunity to serve on the Council, and of ensuring balanced geographical representation,
Considering further that, in order to ensure efficiency in the exercise of its functions the Council should in no case have a membership exceeding one third of the total membership of the Organization,
Having examined the Report of the Council and the draft amendments to Article V-1 of the Constitution and Rule XXII.1(b) of the General Rules of the Organization, recommended by the Council,
B.
Examination of and amendments to the FAO basic texts
Amendments to rule XI and other general rules of the organization
Participation of non-member states in FAO bodies and meetings
Amendments to the financial regulations and proposed amendments to the general rules of the organization
Amendments to rule XI and other general rules of the organization
311. The Conference considered a draft amendment to Rule XI of the General Rules of the Organization (GRO) proposed by the Sixty-First Council Session, as well as a number of further draft amendments to the Basic Texts proposed by the Sixtieth and Sixty-First Council Sessions.
312. With regard to the draft amendment to Rule XI GRO, the Conference recalled that the application of this provision had given rise to a long and difficult debate at its Sixteenth Session. The Conference concurred with the view of the Council that this amendment eliminated existing ambiguities and avoided both excessive rigidity and situations in which delegations would be faced with last minute proposals to be dealt with at very short notice. The Conference noted that under the new provision the time limit which had given rise to the difficulties at its Sixteenth Session would be abolished, but that at the same time the requirement concerning advance circulation of proposals would become more effective. It considered that this solution would best ensure a balance between freedom of debate and protection of delegates against ''surprise'' proposals.
313. The Conference, therefore, concurred with the proposals submitted by the Council and adopted the following resolution:
EXAMINATION OF THE BASIC TEXTS
THE CONFERENCE,
Recalling the suggestion made by the Council at its Fifty-Fifth Session, that the Director General examine, in consultation with the Committee on Constitutional and Legal Matters (CCLM), the Basic Texts of the Organization and report to the Council on any inconsistencies contained therein and any problems arising from the application of the Basic Texts,
Recalling further its Resolution 17/71, by which it adopted a number of amendments to the General Rules of the Organization which had been recommended by the CCLM and endorsed by the Council,
Considering the proposals mate by the CCLM and endorsed by the Council
at its Sixtieth and Sixty-First Sessions, for certain amendments to the
Basic Texts, with a view to eliminating inconsistencies and ambiguities
and in order to bring certain provisions up-to-date,
1. Adopts the following amendments to the General Rules of the Organization:
(ii) In the English text of the introductory phrase of Rule II.2 and II.4, the term "include" is substituted for the term "consist of".
(iii) In the second half of the first sentence of Rule II.9, the words "item" and "tema" appearing in the English and Spanish versions, as well as the equivalent term in the Arabic version, are replaced by the words "agenda" and "programa", and their Arabic equivalent, respectively,
(iv) Rule XI is amended to read as follows:
2. Proposals and amendments shall be introduced in writing and handed to the Secretary-General of the Conference, who shall arrange for their circulation as Conference documents.
3. Except as may be decided otherwise by the Conference at a plenary meeting or by a commission or committee, proposals shall not be put to the vote unless copies thereof have been circulated at least twenty-four hours before the vote. The Chairman of the Conference or of the commission or committee concerned may permit voting on amendments even though these amendments have not been circulated or have been circulated less than twenty-four hours before the vote.
4. A proposal may be withdrawn at any time before voting on it has commenced,
provided that the proposal has not been amended. A proposal which has thus
been withdrawn may be reintroduced by any member.''
2. The verbatim records [minutes] and reports referred to in paragraph 1 shall be circulated as soon as possible to [members of delegations who participated in the meeting concerned] delegations attending the Conference in order to give [them] members of delegations who participated in the meeting concerned the opportunity to [suggest corrections to the Secretariat] check the accuracy of the record of their interventions.
3. As soon as possible after the end of the session, copies of all verbatim
records [and minutes] and a report embodying all resolutions, recommendations,
conventions, agreements, and other formal decisions adopted or approved
by the Conference shall be transmitted by the Director General to all Member
Nations and Associate Members''.
(vii) At the end of Rule XXV.10, the following sentence is added:
Participation of non-member states in FAO bodies and meetings
314. The Conference concurred with the Council's recommendation concerning amendments to the provisions of the Basic Texts governing participation of non-member States in FAO bodies and meetings. Under this recommendation, the eligibility for such participation, which was so far limited to States that were members of the United Nations, would be extended, in line with the pattern prevailing in the United Nations system of organizations, also to States that were members of any Specialized Agency. It further agreed that eligibility should be extended also to States members of the International Atomic Energy Agency (IAEA).
315. The Conference adopted the following resolution:
PARTICIPATION OF NON-MEMBER STATES IN FAO BODIES AND MEETINGS
THE CONFERENCE,
Having examined the amendments to the FAO Basic Texts proposed by the Council at its Sixtieth Session,
Noting that the present provisions of the Basic Texts allow for the participation of Nonmembers States in FAO bodies and meetings only if those States are members of the United Nations,
Recognizing that this restriction may lead to difficulties in certain fields of the Organization's activities in which the greatest possible degree of universality is desirable,
Noting that the legislative texts of a number of United Nations bodies and Specialized Agencies concerning participation of Non-Member States extend eligibility to all States that are members either of the United Nations or of any of the Specialized Agencies,
Considering that this wider criterion would be also appropriate for the purpose of the relevant provisions of FAO,
1. Decides to amend Article XIV, paragraph 3(b), of the Constitution as follows:
"3. Conventions, agreements, and supplementary conventions and agreements shall:
(a) ...
(b) contain provisions concerning the Member Nations of the Organization, and such nonmember States as are members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency which may become parties thereto and the number of acceptances by Member Nations necessary to bring such convention, agreement, supplementary convention or agreement into force, and thus ensure that it will constitute a real contribution to the achievement of its objectives. In the cases of conventions, agreements, supplementary conventions and agreements establishing commissions or committees, participation by non-member States of the Organization that are members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency shall in addition be subject to prior approval by at least two thirds of the membership of such commissions or committees;"
3. Invites the standing committees of the Council as well as bodies established under Articles VI and XIV of the Constitution to similarly amend at the earliest appropriate occasion those provisions of the applicable Conventions and Agreements or Rules of Procedure that contain clauses restricting eligiblity only to Non-Member States that are Members of the United Nations.
(Adopted 26 November 1973)
Amendments to the financial regulations and proposed amendments to the general rules of the organization
316. The Conference considered the recommendations of the Council for amendments to the Financial Regulations - concerning custody of funds, investment of funds and the delegation of authority, and on internal control and accounts - and for consequential amendments to the General Rules of the Organization, as proposed by the Finance Committee and the Committee on Constitutional and Legal Matters, and adopted the following resolution:
AMENDMENTS TO THE FINANCIAL REGULATIONS AND CONSEQUENTIAL AMENDMENTS TO THE GENERAL RULES OF THE ORGANIZATION
THE CONFERENCE,
Recalling the desire of the Ad Hoc Committee of Experts established to examine the finances of the United Nations and the Specialized Agencies to standardize the financial regulations of the organizations,
Noting the report of the Sixty-First Council Session,
Noting that the introduction of programme budgeting in the Organization had necessitated amendments to the Financial Regulations covering budgetary transfers,
Noting furthermore that the adoption of the amendments to the Financial Regulations recommended by the Council required certain consequential amendments to the General Rules of the Organization,
Having considered also the amendment to the General Rules of the Organization (GRO) regarding the Finance Committee's responsibilities under Rule XXVII-7(o) GRO in the review of the Organizations's Audited Accounts, as proposed by the Council at its Fifty-Ninth Session,
C. Statutory report on status of conventions and agreements and amendments thereto
317. The Conference took note of the report on the status of conventions and agreements, submitted to it in accordance with Rule XXI-5 GRO and with established practice, reflecting the status as of 21 September 1973.
318. The Conference was informed that on 31 October 1973 the Government of Belgium had deposited an instrument of ratification of the Convention on the Conservation of the Living Resources of the South-East Atlantic.
D. Granting of official status to international organizations
319. The Conference took note of the statutory report by the Director-General on the establishment of formal relations with international organizations (excluding the United Nations and Specialized Agencies), both inter-governmental and non-governmental.
E. Confirmation of relationship agreement between FAO and the international commission for the conservation of Atlantic tunas (ICCAT)
320. The Conference considered the Agreement establishing formal relations between FAO and the International Commission for the Conservation of Atlantic Tunas and adopted the following resolution:
AGREEMENT BETWEEN FAO AND THE INTERNATIONAL COMMISSION FOR THE
CONSERVATION Of AT ATLANTIC TUNAS
THE CONFERENCE,
Considering the desirability of ensuring close cooperation between the Food and Agriculture Organization of the United Nations (FAO) and the International Commission for the Conservation of Atlantic Tunas (ICCAT),
Noting that the Council at its Sixtieth Session, acting in accordance with Rule XXIV-4(c) of the General Rules of the Organization, approved, subject to confirmation by the Conference, an Agreement establishing formal relations between FAO and ICCAT,
1. Confirms the decision taken by the Council at its Sixtieth Session approving the Agreement between FAO and ICCAT.
F. Question of participation of African liberation movements in FAO meetings
321. The Conference was informed that the Director-General had submitted the question of the participation of African liberation movements in meetings of FAO to the Committee on Constitutional and Legal Matters (CCLM) which had reported to the Sixty-First Council session and that the Council had decided that the matter should be submitted, for guidance, to the Conference.
322. Having examined, in the light of the resolutions of the General Assembly and of the Economic and Social Council of the United Nations on this subject and on the basis of the relevant constitutional and procedural rules of FAO, the possibilities for arranging, in consultation with the Organization of African Unity, for participation of the liberation movements in FAO meetings, the Conference adopted the following resolution:
AFRICAN LIBERATION MOVEMENTS
THE CONFERENCE,
Noting with satisfaction that, in keeping with its requests as expressed in its Resolution 8/71, and Resolution 1804(LV) of 7 August 1973 of the Economic and Social Council of the United Nations, the Director-General had pursued his efforts "to implement the relevant General Assembly Resolutions within the mandates of FAO, and to make periodic reports to the Council ...., "
Welcoming the participation of African Liberation Movements in FAO meetings, seminars and training centres and other activities undertaken or sponsored by FAO/WFP,
Affirming that participation of African Liberation Movements in FAO/WFP meetings and other activities undertaken by FAO/WFP would ultimately contribute to the economic and social development of the territories liberated or under the control of the liberation movements in Africa,
1. Decides to request the Director-General to make the necessary arrangements through the Organization of African Unity to facilitate the participation of representatives of the liberation movements in Africa, with immediate effect,
2. Authorizes the Director-General to invite, through the Organization of African Unity, representatives of African Liberation Movements to attend regional and technical conferences and consultations convened in Africa under Article VI-5 of the Constitution including the African Regional Conference and to participate in the deliberations on items dealt with at such conferences and consultations that may be of direct concern to the liberation movements,
3. Invites the Director-General to report to the Council periodically on the measures taken in collaboration with the Organization of African Unity, to facilitate the participation of liberation movements in meetings convened, and related activities undertaken or sponsored by FAO/WFP.
Contents
-