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Index

Resolution

No.

30/55

Admission of

Associate Members

The Conference

Noting

that in 1953 it had approved in principle a proposal from the

Government of India

to the effect that territories or groups of territories which are not responsible for the conduct of their international relations might be ad misted as Associate Members by the Organization;

Having received

a detailed report from the

Council

on the action to be taken to implement this proposal, embodying appropriate amendments to the Constitution, Rules of Procedure and Financial Regulations;

Reaffirms

its approval of the principle of the proposal submitted by the

Government of India

and endorses the recommendations submitted by the

Council

for its implementation;

Declares

that Associate Members upon admission to the Organization in conformity with the provisions of the Constitution and Rules of Procedure shall be empowered to participate with Member Nations in the activities of the Organization, except that they shall not have the right to vote or hold office in the Conference, its Commissions and Committees, and shall not be eligible for election to the Council, the Nominations Committee, the General Committee, the Credentials Committee, the Committee on Commodity Problems or the Committee on Relations with International Organizations, nor shall the members of the Co-ordinating Committee or the members of the Committee on Financial Control be selected from among the peoples of Associate Members;

Recommends

that the delegates of such Associate Members to the Conference and other bodies be competent in the field of food and agriculture and that they should be chosen from among the peoples of the Associate Members;

Declares

that Associate Members shall be subject to the same obligations as Members except that the difference in their status within the Organization shall be taken into account in determining the amount of their contributions to the budget of the Organization;

Adopts

the amendments to the Constitution, Rules of Procedure and Financial Regulations embodied in Appendix B to this Report, the purpose of which amendments is to specify the conditions under which Associate Members may be admitted to the Organization and to define the rights and obligations of such Associate Members.

Appendix B

Amendments

ARTICLE II

Membership

and Associate Membership

The original Member

[s]

Nations

of the Organization shall be such of the nations specified in Annex I as accept this Constitution in accordance with the provisions of Article XX.

The Conference may, by a two-thirds majority of the votes cast, provided that a majority of the

[membership]

Member Nations

of the Organization is present, decide to admit as an additional Member of the Organization any nation which has submitted an application for membership and a declaration made in a formal instrument that it will accept the obligations of the Constitution as in force at the time of admission.

[Membership shall become effective on the date on which the Conference approves the application for memberships].

The Conference may, under the same conditions regarding the required majority and quorum as prescribed in paragraph 2 above, decide to admit as an Associate Member of the Organization any territory or group of territories which is not responsible for the conduct of its international relations upon application made on its behalf by the Member Nation or authority having responsibility for its international relations, provided that such Member Nation or authority has submitted a declaration made in a formal instrument that it will accept on behalf of the proposed Associate Member the obligations of the Constitution as in force at the time of admission, and that it will assume responsibility for ensuring the observance of the provisions of paragraph 4 of Article VIII, paragraphs 1 and 2 of Article XV, and paragraphs 2 and 3 of Article XVII of this Constitution with regard to the Associate Member.

The nature and extent of the rights and obligations of Associate Members are defined in the relevant provisions of this Constitution and the Rules and Regulations of the Organization.

Membership and Associate Membership shall become effective on the date on which the Conference approves the application.

ARTICLE III

The Conference

There shall be a Conference of the Organization in which each Member Nation

and Associate Member

shall be represented by one delegate.

Associate Members shall have the right to participate in the deliberations of the Conference but shall not hold office nor have the right to vote.

Each Member Nation

and Associate Member

may appoint an alternate...

No delegate may represent more than one Member Nation

or Associate Member

ARTICLE IV

Functions of the Conference

The Conference may by a two-thirds majority of the votes cast make recommendations to Member Nations

and Associate Members

concerning questions relating to food and agriculture for consideration by them with a view to implementation by national action.

ARTICLE V

Council of

[FAO]

the Organization

A Council of the

[Food and Agriculture]

Organization consisting of twenty-four Member Nations shall be elected by the Conference. Each Member Nation on the Council shall have one representative. The tenure and other conditions of office of the Members of the Council shall be subject to rules made by the Conference.

ARTICLE VIII

Staff

The staff of the Organization shall be responsible to the Director-General. Their responsibilities shall be exclusively international in character and they shall not seek or receive instructions in regard to the discharge thereof from any authority external to the Organization. The Member Nations

and Associate Members

undertake fully to respect the international character of the responsibilities of the staff and not to seek to influence any of their nationals in the discharge of such responsibilities.

Each Member Nation

and Associate Member

undertakes, insofar as it may be possible under its constitutional procedure, to accord to the Director-General and senior staff diplomatic privileges and immunities and to accord to other members of the staff all facilities and immunities accorded to non-diplomatic personnel attached to diplomatic missions, or, alternatively, to accord to such other members of the staff the immunities and facilities which may hereafter be accorded to equivalent members of the staffs of other public international organizations.

ARTICLE XI

Reports by Member

[s]

Nations and Associate Members

Each Member Nation

and Associate Member

shall communicate periodically to the Organization reports...

The Director-General may request any Member Nation

or Associate Member

to submit information relating to the purpose of the Organization.

Each Member Nation

and Associate Member

shall, on request communicate to the Organization...

ARTICLE XIV

Conventions and Agreements

The Conference may... approve and submit to Member Nations conventions or agreements concerning questions relating to food and agriculture. The Council, under rules to be made by the Conference, may... approve and submit to Member Nations any convention or agreement... provided that:(a)...Conventions or agreements approved by the Conference or Council shall come into force for each Member Nation only after acceptance by it in accordance with its constitutional procedure.

The Council may,... approve and submit to Member Nations regulations or supplementary agreements...

As regards an Associate Member, the conventions, agreements, regulations and supplementary agreements shall be submitted to the authority having responsibility for the international relations of the Associate Member.

[3]

The Conference shall make rules laying down the procedure...

Two copies in the authentic language or languages of any convention or agreement approved by the Conference or the Council shall be certified by the Chairman of the Conference or of the Council respectively and by the Director-General. Of these copies, one shall be deposited in the archives of the Organization and the other transmitted to the Secretary-General of the United Nations for registration in accordance with the provisions of paragraph 6 below. In addition, the Director-General shall certify copies of the conventions and agreements and transmit one copy to each Member Nation of the Organization and to such non-member Nations as may become parties to the conventions or agreements (See Resolution 31 /55).

[4.]

The Director-General shall register with the United Nations...

ARTICLE XV

Legal Status

Each Member Nation

and Associate Member

undertakes, insofar as it may be possible under its constitutional procedure, to accord to the Organization all the immunities and facilities which it accords to diplomatic missions, including inviolability of premises and archives, immunity from suit, and exemptions from taxation.

ARTICLE XVII

Budget and Contributions

Each Member Nation

and Associate Member

undertakes to contribute annually to the Organization its share of the budget, as apportioned by the Conference.

When determining the contributions to be paid by Member Nations and Associate Members, the Conference shall take into account the difference in status between Member Nations and Associate Members.

Each Member Nation

and Associate Member

shall upon approval of its application pay...

ARTICLE XVIII

Withdrawal

Any Member Nation may give notice of withdrawal from the Organization at any time after the expiration of four years from the date of its acceptance of this Constitution.

The notice of withdrawal of an Associate Member shall be given by the Member Nation or authority having responsibility for its international relations.

Such notice shall take effect one year after the date of its communication to the Director-General. The financial obligation to the Organization of a Member Nation which has given notice of withdrawal,

or of an Associate Member on whose behalf notice of withdrawal has been given,

shall include the entire financial year in which the notice takes effect.

ARTICLE XIX

Amendment of Constitution

The Conference may amend this Constitution by a two-thirds majority of the votes cast, provided that such majority is more than one-half of the

[Membership]

Member Nations

of the Organization.

An amendment not involving new obligations for Member Nations

or Associate Members

shall take effect forthwith, unless the resolution by which it is adopted provides otherwise. Amendments involving new obligations shall take effect for each Member Nation

and Associate Member

accepting the amendment on acceptance by two-thirds of the.

[Membership]

Member Nations

of the Organization and thereafter for each remaining Member Nation

or Associate Member

on acceptance by it.

As regards an Associate Member the acceptance of amendments involving new obligations shall be given on its behalf by the Member Nation or authority having responsibility for the international relations of the Associate Member.

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