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Index

RESOLUTION

6/2009

Implementation of the Immediate Plan of Action

for FAO Renewal (2009-11) Amendments to the

General Rules of the Organization

and to the

Financial Regulations

THE CONFERENCE

Recalling

Resolution 1/2008 “Adoption of the Immediate Plan of Action (IPA) for FAO Renewal (2009-11)” adopted by the

Conference

, at its Thirty-fifth (Special) Session, which called for amendments to the Basic Texts of FAO, including amendments to the General Rules of the Organization;

Recalling

also that the

Committee on Constitutional and Legal Matters (CCLM)

, at its Eighty-fourth, Eighty-fifth, Eighty-sixth and Eighty-seventh Sessions, acting under the guidance of the

Conference Committee for the Follow-up to the Independent External Evaluation of FAO (CoC‑IEE)

, has proposed amendments to the General Rules of the Organization and to the Financial Regulations for approval by the

Conference

at its session in 2009;

Noting

that the

Council

, at its Hundred and Thirty-sixth Session, endorsed the substance of the amendments proposed by the

CCLM

;

Having considered

the text of the amendments to the General Rules of the Organization and to the Financial Regulations proposed by the

Council

in its Hundred and Thirty-sixth Session;

Decides

to adopt the following amendments to the General Rules of the Organization:

Conference to meet in June

Revised paragraph 1 of Rule I of the GRO:

“

Sessions of the Conference

The regular session of the Conference shall be held at the seat of the Organization in the months of

June

October or November

, unless it is convened elsewhere or at a different time in pursuance of a decision of the Conference at a previous session, or, in exceptional circumstances, of a decision by the Council (...)

”

Reporting lines of the Technical Committees and Review by the Conference of the Strategic Framework and the Medium Term Plan

Revised paragraph 2 of Rule II of the GRO concerning the agenda of the Conference:

“

Agenda

Regular sessions

(...)

The provisional agenda for a regular session shall include:

(...) (c ) (...)

(iii)

review of the Medium Term Plan and, as appropriate, of the Strategic Framework;

(other sub-paragraphs renumbered)

(xii)

review, in accordance with Article V, paragraph 6 of the Constitution, the reports on policy and regulatory matters of the Committee on Commodity Problems, the Committee on Fisheries, the Committee on Forestry, the Committee on Agriculture and the Committee on World Food Security;

(xiii)

review, in accordance with Article IV, paragraph 6 of the Constitution and Rule XXXV of these Rules the reports on policy and regulatory matters of the Regional Conferences.

Changes to terms of office of Council members due to the change of date of the Conference Session

Revised paragraphs 1 and 2 of Rule XXII of the GRO:

“

Election of the Council

(a)

Except as provided in paragraph 9 of this Rule, the Council shall be elected for a term of three years.

(b)

The Conference shall make such provisions as will ensure that the terms of office of sixteen Members of the Council shall expire in each of two successive calendar years and seventeen in the third calendar year.

(c)

The terms of office of all members of any one group shall expire simultaneously either on the termination of the regular session of the Conference in a year in which such a session is held, or on

31 December

30 June

in other years.

The Conference shall, at each regular session, and after considering any recommendations of the General Committee, fill all vacancies due to the expiration of the terms of office of Council Members at the end of that session or at the end of

June

of the following year, in conformity with the provisions of the preceding paragraph. (...)

”

Changes to Functions of the Council and reporting lines of the Technical Committees

Revised paragraphs 1 and 2 of Rule XXIV of the GRO:

“

Functions of the Council

The Council, subject to the provisions of paragraph 3 of Article V of the Constitution, shall, between sessions of the Conference, act on behalf of the Conference as its executive organ and make decisions on matters that need not be submitted to the Conference. In particular, the Council shall exercise the functions described below:

World food and agriculture situation and related matters

The Council shall:

(a) keep under review the state of food and agriculture in the world, and consider the programmes of Member Nations and Associate Members;

(b) tender advice on such matters to governments of Member Nations and Associate Members, intergovernmental commodity councils or other commodity authorities and through the Director-General to other specialized international agencies;

(

) draw up a provisional agenda for the review by the Conference of the state of food and agriculture, drawing attention to specific policy issues which would require Conference consideration or could be the subject of a formal recommendation by the Conference under paragraph 3 of Article IV of the Constitution, and aid the Director-General to prepare the report and agenda for the review by the Conference of the programmes of Member Nations and Associate Members;

(d) (i) examine current developments in proposed and existing intergovernmental agricultural commodity arrangements, particularly those developments affecting adequacy of food supply, utilization of food reserves and famine relief, changes in production or pricing policies and special food programmes for undernourished groups; (ii) promote consistency and integration of agricultural commodity policies, national and international, with regard to (a) overall objectives of the Organization; (b) the interrelationships of production, distribution and consumption; and (c) interrelationships of agricultural commodities; (iii) initiate and authorize groups to study and investigate agricultural commodity situations which are becoming critical, and propose appropriate action, if necessary, under paragraph 2 (f) of Article I of the Constitution; (iv) advise on emergency measures such as those relating to the export and import of food and materials or equipment needed for agricultural production, in order to facilitate implementation of national programmes and, if necessary, request the Director-General to submit such advice for action to the Member Nations and Associate Members concerned; (v) perform the foregoing functions under (i), (ii) and (iii) in conformity with the Economic and Social Council's Resolution of 28 March 19472 relating to international commodity arrangements, and generally act in close cooperation with the appropriate specialized agencies and intergovernmental bodies.

(b) examine and advise on any issues pertaining to or arising out of the world food and agriculture situation and related matters, specially any such issues of an urgent nature, which would call for action by the Conference, the Regional Conferences, the Committees referred to in Article V, paragraph 6 of the Constitution or the Director-General;

(c ) examine and advise on any other issues pertaining to or arising out of the world food and agriculture situation and related matters which may have been referred to the Council in accordance with decisions of the Conference or any applicable arrangements.

Current and prospective activities of the Organization, including its

Strategic Framework, Medium Term Plan and

Programme of Work and Budget

The Council shall:

(a) consider, and make recommendations to the Conference on

, policy issues regarding: (i) the summary and draft Programme of Work and Budget and supplementary estimates submitted by the Director-General for the following financial period; (ii) the activities of the Organization in connection with the United Nations Development Programme;

the Strategic Framework, the Medium Term Plan and the Programme of Work and Budget;

(b) make a recommendation to the Conference regarding the level of the budget;

(b)

(c)

take any necessary action, within the approved Programme of Work and Budget, with respect to the technical activities of the Organization and report to the Conference on such policy aspects as may require decisions by the Conference;

(d) decide on such adjustments to the Programme of Work and Budget as may be required in the light of the decisions of the Conference on the budget level;

(e) review, in accordance with Article V, paragraph 6 of the Constitution, the reports on programme and budget matters of the Committee on Commodity Problems, the Committee on Fisheries, the Committee on Forestry, the Committee on Agriculture and the Committee on World Food Security;

(f) review, in accordance with Article IV, paragraph 6 of the Constitution and Rule XXXV of these Rules the reports on programme and budget matters of the Regional Conferences.

(...)

”

Revised cycle of Programme and Budget preparation and of Council sessions

Revised Rule XXV of the GRO:

“

Sessions of the Council

The Council shall hold a session as often as it considers necessary or on the call of its Chair

man

person

or the Director-General, or on request submitted in writing to the Director-General by

five

fifteen

or more Member Nations.

The Council shall in any event hold

three

five

sessions

between the regular sessions of the Conference,

in a biennium as follows:

(a)

one session immediately after the regular session of the Conference;

(b)

one

two

sessions in the first year of the biennium

approximately midway between the regular sessions of the Conference; and

(c )

one session not less than

120

days before the regular session of the Conference; and

(d)

one session towards the end of the second year of the biennium.

At its session held immediately after a regular session of the Conference the Council shall:

(a)

elect the Chair

men

persons

and Members of the Programme Committee, the Finance Committee and the Committee on Constitutional and Legal Matters;

(b)

take any action of an urgent nature arising out of decisions of the Conference.

At its session held in the first year of the biennium, approximately midway between the regular sessions of the Conference, the Council shall in particular conduct on behalf of the Conference a world review of the state of food and agriculture and exercise the function provided in paragraph 1 (b) of Rule XXIV of these Rules.

At its session held in the second year of the biennium, not less than

120

days prior to the regular session of the Conference, the Council shall in particular exercise the functions provided in paragraphs 1 (c), 2 (a)

and (b)

and, insofar as possible, those provided in paragraph 5 (b) of Rule XXIV of these Rules.

(other paragraphs of this Rule to be re-numbered).

”

Programme Committee

Revised Rule XXVI of the GRO:

“

Programme Committee

The Programme Committee provided for in paragraph 6 of Article V of the Constitution shall be composed of representatives of

eleven

twelve

Member Nations of the Organization. Such Member Nations shall be elected by the Council in accordance with the procedure set forth in paragraph 3 of this Rule. Members of the Committee shall appoint as their representatives individuals who have shown a continued interest in the objectives and activities of the Organization, have participated in Conference or Council sessions and have special competence and experience in economic, social and technical matters pertaining to the various fields of the Organization's activities. Members of the Committee shall be elected for a period of two years at the session of the Council

immediately

following the regular session of the Conference.

Their term of office shall expire upon election by the Council of new Members.

They shall be eligible for reappointment.

A Member Nation of the Organization seeking election as a Member of the Committee shall, as soon as possible but not later than

ten

twenty

days before the opening date of the Council session at which the election is to be held, communicate to the

Secretary-General of the Conference and Council

the name of the representative that it would appoint if elected and details of his qualifications and experience. The Secretary-General of the Conference and Council shall circulate this information in writing to Members of the Council before the Council session at which the election is to be held.

The same procedure shall apply to the nomination of the Chairperson.

The following procedures shall apply to the election of the Chairperson and the Members of the Committee:

(

) The Council shall first elect a Chair

man

person

from among the

designated

nominated

representatives of

the prospective Members of the Committee

Member Nations of the Organization. The Chairperson shall be elected on the basis of individual qualifications and shall not represent a region or a country.

(

) Member Nations shall present their candidature for election

as Members of the Committee

in respect of a specific region as determined by the Conference for the purpose of Council elections.

(c)

After the election referred to in subparagraph (b) above, t

he Council shall

proceed to the election of

elect

the

other

Members of the Committee,

in two stages, making the necessary adjustment to take into account the Member Nation of which the Chairman is a national and the region to which that Member Nation belongs

as follows

: (i)

the first stage shall be to elect eight Members from the following regions

two members from each of the following regions

: Africa, Asia and the Pacific,

Near East;

Europe

, Latin America and the Caribbean,

and Near East

. (ii)

the second stage shall be to elect three Members from the following regions

one member from each of the following regions

Europe,

North America, and Southwest Pacific.

(d)

Except as provided in subparagraph

(b)

3(a)

above, the

election of Members of the Committee

elections

shall be conducted in accordance with the provisions of paragraphs 9 (b) and 13 of Rule XII of these Rules, one election being held to fill simultaneously all the vacancies occurring in each

group of regions

region

specified in subparagraph (c) above.

(e)

The other provisions on voting arrangements in Rule XII of these Rules shall apply mutatis mutandis to the election of Members of the Committee.

(a)

If the representative of a Member of the Committee is expected to be unable to attend a session of the Committee, or if, due to incapacity, death or any other reason he is prevented from exercising his functions for the remainder of the term for which the Member he represents has been elected, that Member shall inform the Director-General and the Chair

man

person

as soon as possible, and may designate a substitute representative who shall have the qualifications and experience referred to in paragraph 1 of this Rule. The Council shall be informed of the qualifications and experience of the substitute representative.

(b)

The provisions of subparagraph (a) shall also apply to the Chairman of the Committee except that, in the absence of the Chairman elected by the Council,

If the Chairperson of the Committee elected by the Council is unable to attend a session of the Committee, the

his

functions shall be exercised by the Vice- Chair

man

person

elected in accordance with the Rules of Procedure of the Committee.

If due to incapacity, death or any other reason the Chairperson of the Committee elected by the Council is prevented from exercising his functions for the remainder of the term, the functions shall be exercised by the Vice-Chairperson elected in accordance with the Rules of Procedure of the Committee until the election by the Council, at its first session following the occurrence of the vacancy, of a new Chairperson. The new Chairperson shall be elected for the remainder of the vacated term of office.

The Chair

man

person

of the Programme Committee

may

should

attend sessions of the Conference or Council when the report of the Programme Committee is considered.

The Chair

man

person

of the Council may attend all meetings of the Programme Committee.

The Programme Committee shall have the following functions:

(a)

to review: (i) the current activities of the Organization;

(ii) the Strategic Framework, as well as the long-term programme objectives of the Organization, and the Medium Term Plan and any adjustments thereto;

(ii

) the

summary and draft

Programme of Work and Budget of the Organization for the ensuing biennium, particularly with respect to: - content and balance of the programme, having regard to the extent to which it is proposed that existing activities be expanded, reduced in scope or discontinued; - the extent of coordination of work between the different technical divisions of the Organization and between the Organization and other international organizations; - the priorities to be given to existing activities, extension of such activities and to new activities;

(iii) the programme aspects of the United Nations Development Programme with which the Organization is concerned;

(iv) any required adjustments to the current Programme of Work and Budget, or to the Programme of Work and Budget for the next biennium as may be required in the light of the decision of the Conference on the budget level

;

(b) to consider the matters listed in Rule XXVIII of these Rules;

(

) to adopt and amend its own rules of procedure, which shall be consistent with the Constitution and the General Rules of the Organization;

(

) to consider any matters submitted to it by the Council of the Director-General;

(

) to report to the Council or tender advice to the Director-General, as appropriate, on matters considered by the Committee.

The Programme Committee shall hold sessions

as often as necessary, either:

(a)

on the call of its Chair

man

person acting on his own initiative or in pursuance of a decision of the Committee or of a request submitted in writing to the Chairperson by seven Members of the Committee;

(b)

on the call

of the Director-General

acting on his own initiative or in pursuance of a request submitted in writing to him by fifteen or more Member Nations.

The Programme Committee

shall in any event hold

one

two

sessions annually.

The sessions of the Programme Committee shall be open to silent observers, unless otherwise decided by the Committee. The reasons for such a decision shall be stated in the report of the session. Silent observers shall not take part in any debates.

10.

Representatives of Members of the Committee shall be reimbursed for the cost of their travel expenses, properly incurred in travelling, by the most direct route, from their duty station to the site of the Committee session and return to their duty station. They shall also be paid a subsistence allowance while attending sessions of the Committee, in accordance with the travel regulations of the Organization.

”

Finance Committee

Revised Rule XXVII of the GRO:

“

Finance Committee

The Finance Committee provided for in paragraph 6 of Article V of the Constitution shall be composed of representatives of

eleven

twelve

immediately

following the regular session of the Conference.

Their term of office shall expire upon election by the Council of new Members.

They shall be eligible for reappointment.

A Member Nation of the Organization seeking election as a Member of the Committee shall, as soon as possible but not later than

ten

twenty

days before the opening date of the Council session at which the election is to be held, communicate to the Secretary-General of the Conference and Council the name of the representative that it would appoint if elected and details of his qualifications and experience. The Secretary-General of the Conference and Council shall circulate this information in writing to Members of the Council before the Council session at which the election is to be held.

The same procedure shall apply to the nomination of the Chairperson.

The following procedures shall apply to the election of

the Chairperson and the

Members of the Committee:

(

) The Council shall first elect a Chair

man

person

from among the

designated

nominated

representatives of

the prospective Members of the Committee

Member Nations of the Organization. The Chairperson shall be elected on the basis of individual qualifications and shall not represent a region or a country.

(

) Member Nations shall present their candidature for election

as Members of the Committee

in respect of a specific region as determined by the Conference for the purpose of Council elections.

(c)

After the election referred to in subparagraph (b) above, t

he Council shall

proceed to the election of

elect

the

other

Members of the Committee

, in two stages, making the necessary adjustment to take into account the Member Nation of which the Chairman is a national and the region to which that Member Nation belongs

as follows:

(i)

the first stage shall be to elect seven Members from the following regions

two members from each of the following regions

: Africa, Asia and the Pacific,

Near East;

Europe

, Latin America and the Caribbean

, and Near East

. (ii)

the second stage shall be to elect four Members from the following regions

one member from each of the following regions

Europe,

North America, and Southwest Pacific.

(d)

Except as provided in subparagraph

(b)

3(a)

above, the

election of Members of the Committee

elections

shall be conducted in accordance with the provisions of paragraphs 9 (b) and 13 of Rule XII of these Rules, one election being held to fill simultaneously all the vacancies occurring in each

group of regions

region

specified in subparagraph (c) above.

(e)

The other provisions on voting arrangements in Rule XII of these Rules shall apply mutatis mutandis to the election of Members of the Committee.

(a)

man

person

(b)

The provisions of subparagraph (a) shall also apply to the Chairman of the Committee except that, in the absence of the Chairman elected by the Council,

If the Chairperson of the Committee elected by the Council is unable to attend a session of the Committee, the

his

functions shall be exercised by the Vice-Chair

man

person

elected in accordance with the Rules of Procedure of the Committee.

The Chair

man

person

of the Finance Committee may should attend sessions of the Conference or Council when the report of the Finance Committee is considered.

The Chair

man

person

of the Council may attend all meetings of the Finance Committee.

The Finance Committee shall (...) have (...) the following functions: (a) to review

the Strategic Framework, the Medium Term Plan and the Programme of Work and Budget for the ensuing biennium, as well a

s the financial implications of

the

other

Director-General’s budgetary

proposals including proposals for supplementary estimates, and to make recommendations thereon to the Council regarding important matters; (...)

The Finance Committee shall hold sessions as often as necessary, either: (a) on the call of its Chair

man

person

acting on his own initiative or in pursuance of a decision of the Committee or of a request submitted in writing to the Chair

man

person

by three seven Members of the Committee; or (b) on the call of the Director-General acting on his own initiative or in pursuance of a request submitted in writing to him by

five

fifteen

or more Member Nations. The Finance Committee shall in any event hold

one

two

sessions annually.

Additional sessions may be held to provide consultation on financial matters with the appropriate commissions of the Conference.

The sessions of the Finance Committee shall be open to silent observers, unless otherwise decided by the Committee. The reasons for such a decision shall be stated in the report of the session. Silent observers shall not take part in any debates.

. Representatives of Members of the Committee shall be reimbursed for the cost of their travel expenses, properly incurred in travelling, by the most direct route, from their duty station to the site of the Committee session and return to their duty station. They shall also be paid a subsistence allowance while attending sessions of the Committee, in accordance with the travel regulations of the Organization.

”

Programme and Finance Committees functions regarding the Strategic Framework, the Medium Term Plan and the Programme of Work and Budget

Revised Rule XXVIII of the GRO:

“

Concurrent sessions and joint meetings of the Programme and Finance Committees

In the second year of the biennium t

he Programme and the Finance Committee shall hold concurrent sessions

as required

. At these sessions the two Committees shall, inter alia, review separately

the Strategic Framework,

the

summary and draft

Medium Term Plan, and the

Programme of Work and Budget submitted by the Director-General for the following biennium. The Programme Committee shall consider the programme and relevant financial aspects of the

summary and draft

Programme of Work, while the Finance Committee shall consider

substantive aspects of management and administrative services and the overall

financial aspects of the

summary and draft

Programme of Work and Budget without concerning itself with the merits of the Programme.

Towards the end of

During

the concurrent sessions mentioned above, the two Committees shall hold joint meetings to consider

, as appropriate

(a)

the financial implications of the technical,

management and administrative

aspects of the

summary and draft

Programme of Work;

(b)

the implications of the

summary and draft

Programme of Work insofar as the level of the budget is concerned;

(c)

the financial implications with respect to future years of the activities provided for in the

Medium Term Plan and the

summary and draft

Programme of Work and Budget;

(d)

the format to be adopted for the presentation of

the Strategic Framework,

the

Medium Term Plan and the

summary and draft

Programme of Work and Budget in order to facilitate the review thereof;

(e)

any other matters of joint interest to the two Committees which fall within their terms of reference.

3. The Programme and Finance Committees shall submit to the Council a consolidated report on such aspects of

the Strategic Framework,

the

Medium Term Plan and the

summary and draft

Programme of Work and Budget as are of joint interest, setting out the main features thereof and emphasizing policy issues for consideration by the Council or the Conference.

In the second year of the biennium, the Programme and Finance Committees shall consider and propose adjustments to the Programme of Work and Budget for the next biennium, as required in the light of the decisions of the Conference on the budget level.

”

Committee on Commodity Problems

Revised paragraph 7 of Rule XXIX of the GRO:

“

Committee on Commodity Problems

(...)

The Committee shall take full account of the responsibilities and activities of the Committee on World Food Security and of the

Committee on Food Aid Policies and Programmes

Executive Board of the World Food Programme

in order to avoid overlapping and unnecessary duplication of work.

In discharging its functions, the Committee shall, as appropriate, seek to strengthen inter-action with the United Nations Conference on Trade and Development, the World Trade Organization and the Common Fund for Commodities.

(...)

”

Committee on Agriculture

Revised paragraph 6 (b) of Rule XXXII of the GRO:

“

Committee on Agriculture

(...)

The Committee shall: (...) (b) advise the Council on the overall medium- and longer-term programme of work of the Organization relating to agriculture

and livestock

, food and nutrition, with emphasis on the integration of all social, technical, economic, institutional and structural aspects related to agricultural and rural development in general; (...)

”

Committee on World Food Security

Revised paragraph 6 (a) of Rule XXXIII of the GRO:

Committee on World Food Security

The Committee shall serve as a forum in the United Nations system for review and follow-up of policies concerning world food security, including food production, sustainable use of the natural resource base for food security, nutrition, physical and economic access to food and other food security-related aspects of poverty eradication, the implications of food trade for world food security and other related matters and shall in particular: (a) examine major problems and issues affecting the world food situation,

including through the report on the State of Food Insecurity in the World,

and the steps being proposed or taken to resolve them by Governments and relevant international organizations, bearing in mind the need for the adoption of an integrated approach towards their solution; (...)

”

Committee on Constitutional and Legal Matters

Revised Rule XXXIV of the GRO:

“

Committee on Constitutional and Legal Matters

The Committee on Constitutional and Legal Matters provided for in paragraph 6 of Article V of the Constitution shall be composed of

not more than

representatives of

seven Member Nations

of the Organization. Such Member Nations shall be

elected by the Council

in accordance with the procedure set forth in paragraph 3 of this Rule. Members of the Committee shall appoint as their representatives individuals who have shown a continued interest in the objectives and activities of the Organization, have participated in Conference or Council Sessions and, as far as possible, have competence and expertise in legal matters. Members of the Committee shall be elected

for a period of two years at the Session of the Council

immediately

following the regular session of the Conference.

Their term of office shall expire upon election by the Council of new Members. They shall be eligible for reappointment.

Nomination of any candidate for election to the Committee shall be submitted in writing by one or more Member Nations to the Secretary-General of the Conference and Council by a deadline to be determined by the Chairman of the Council in time to be circulated on the morning of the day set for the election. A Member Nation may nominate itself. Member Nations nominated shall signify their willingness to serve on the Committee if elected. The provisions on voting arrangements of Rule XII of these Rules shall apply mutatis mutandis to the election of Members of the Committee.

A Member Nation of the Organization seeking election as a Member of the Committee shall, as soon as possible but not later than twenty days before the opening date of the Council session at which the election is to be held, communicate to the Secretary-General of the Conference and Council the name of the representative that it would appoint if elected and details of his qualifications and experience. The Secretary-General of the Conference and Council shall circulate this information in writing to Members of the Council before the Council session at which the election is to be held. The same procedure shall apply to the nomination of the Chairperson.

The following procedures shall apply to the election of the Chairperson and the Members of the Committee: (a) The Council shall first elect a Chairperson from among the nominated representatives of the Member Nations of the Organization. The Chairperson shall be elected on the basis of individual qualifications and shall not represent a region or a country. (b) Member Nations shall present their candidature for election as Members of the Committee in respect of a specific region as determined by the Conference for the purpose of Council elections. (c) The Council shall elect one Member of the Committee from each of the following regions: Africa; Asia and the Pacific; Europe; Latin America and the Caribbean; Near East; North America; and Southwest Pacific. (d) The elections shall be conducted in accordance with the provisions of paragraphs 9 (b) and 11 of Rule XII of these Rules, one election being held to fill the vacancy occurring in each region specified in subparagraph (c) above. (e) The other provisions on voting arrangements in Rule XII of these Rules shall apply mutatis mutandis to the election of Members of the Committee.

(a) If the representative of a Member of the Committee is expected to be unable to attend a session of the Committee or if, due to incapacity, death or any other reason, he is prevented from exercising his functions for the remainder of the term for which the Member he represents has been elected, that Member shall inform the Director-General and the Chairperson as soon as possible, and may designate a substitute representative who shall have the qualifications and experience referred to in paragraph 1 of this Rule. The Council shall be informed of the qualifications and experience of the substitute representative. (b) If the Chairperson of the Committee elected by the Council is unable to attend a session of the Committee, the functions shall be exercised by the Vice-Chairperson elected by the Committee. If due to incapacity, death or any other reason the Chairperson of the Committee elected by the Council is prevented from exercising functions for the remainder of the term, the functions shall be exercised by the Vice-Chairperson until the election by the Council, at its first session following the occurrence of the vacancy, of a new Chairperson. The new Chairperson shall be elected for the remainder of the vacated term of office.

The Chairperson of the Committee on Constitutional and Legal Matters should attend sessions of the Conference or Council when the report of the Committee is considered.

The Chairperson of the Council may attend all meetings of the Committee on Constitutional and Legal Matters.

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

(a)

the application or interpretation of the Constitution, these Rules and the Financial Regulations or amendments thereto;

(b)

the formulation, adoption, entry into force and interpretation of multilateral conventions and agreements concluded under Article XIV of the Constitution;

(c)

the formulation, adoption, entry into force and interpretation of agreements to which the Organization is a party under Articles XIII and XV of the Constitution;

(d)

any other problems relating to conventions and agreements concluded under the aegis of the Organization or to which the Organization is a party;

(e)

the establishment of commissions and committees under Article VI of the Constitution, including their membership, terms of reference, reporting procedures and rules of procedure;

(f)

matters relating to membership in the Organization and its relations with nations;

(g)

the desirability of requesting advisory opinions from the

International Court of Justice

in accordance with paragraph 2 of Article XVII of the Constitution, or with the Statute of the Administrative Tribunal of the International Labour Organisation;

(h)

the policy regarding privileges and immunities to be sought from host governments for the Organization's headquarters, regional offices, country representations, conferences and meetings;

(i)

problems encountered ensuring the immunity of the Organization, its staff and its assets;

(j)

problems relating to elections and procedure for nominations;

(k)

standards for credentials and full powers;

(l)

reports on the status of conventions and agreements provided for in Rule XXI, paragraph 5 of these Rules;

(m)

policy aspects of relations with international governmental or non-governmental organizations, national institutions or private persons.

The Committee may also consider the legal and constitutional aspects of any other matters submitted to it by the Council or the Director-General.

In considering items referred to it under paragraphs

and

, the Committee may make recommendations and give advisory opinions, as appropriate.

10.

The Committee shall elect a

Chairman and a

Vice-Chair

man

person

from among its Members.

11.

The

meetings

sessions

of the Committee shall be

open to silent observers

held in private

, unless otherwise

determined

decided

by the Committee.

Silent observers shall not take part in any debates.

12.

The Committee may adopt and amend its own Rules of Procedure, which shall be consistent with the Constitution and these Rules.

13.

The Chairperson and the representatives of Members of the Committee shall be reimbursed for the cost of their travel expenses, properly incurred in travelling, by the most direct route, from their duty station to the site of the Committee session and return to their duty station. They shall also be paid a subsistence allowance while attending sessions of the Committee, in accordance with the travel regulations of the Organization.

”

Regional Conferences

New Rule XXXV of the GRO (other Rules will be re-numbered accordingly):

“

Regional Conferences

There shall be Regional Conferences for Africa, Asia and the Pacific, Europe, Latin America and the Caribbean and the Near East, which shall normally meet once every biennium in non-Conference years.

The functions of the Regional Conferences shall be: (a) To provide a forum for consultation on all matters pertaining to the mandate of the Organization within the region, including any special issues of interest to the Members in the concerned region; (b) To provide a forum for the formulation of regional positions on global policy and regulatory issues within the mandate of the Organization or having implications in respect of the mandate and activities of the Organization, including with a view to promoting regional coherence on global policy and regulatory matters; (c) To advise on and identify the special problems of their respective regions and priority areas of work which should be taken into account in the preparation of the planning, programme and budgetary documents of the Organization and suggest adjustments to these documents; (d) To review and advise on the plans, programmes or projects carried out by the Organization which impact upon the region; (e) To review and advise on the performance of the Organization in the region in contributing to the achievement of results against relevant performance indicators, including any pertinent evaluations.

The Regional Conferences shall report to the Council, through the Programme and Finance Committee, in the areas of their respective mandates, on programme and budget matters and to the Conference on policy and regulatory matters. The reports of the Regional Conferences shall be presented by the Chairperson.

(a) At least six months prior to the proposed date for the Regional Conference, the Regional Representation of the Organization in the concerned region, after consultation with the Chairperson, shall send a communication to the Members of the Regional Conference. The communication shall contain a brief outline of the programmes of the Organization of interest to the region and of the outcome of the previous session of the Regional Conference and invite Members to formulate suggestions as to the organization of the next session of the Regional Conference, with particular reference to the agenda of the session.. (b) The Director-General shall, in consultation with the Chairperson of the Regional Conference, and taking into account the process mentioned in subparagraph (a) above, prepare a provisional agenda and despatch it to Members not less than 60 days in advance of the session. (c) Any Member of the Regional Conference may request the Director-General, not less than 30 days before the date of a session, to insert an item in the provisional agenda. The Director-General shall thereupon, if necessary, circulate a revised provisional agenda to all Members together with any necessary papers.

The Regional Conferences will adopt such arrangements, consistent with the Constitution and these Rules, as may be necessary for their internal working, including the appointment of a rapporteur. The Regional Conferences may also adopt and amend their own Rules of Procedure, which shall be consistent with the Constitution and these Rules.

”

Appointment of the Director-General

Revised Rule XXXVI of the GRO:

“

Appointment of the Director-General

In pursuance of paragraph 1 of Article VII of the Constitution, the Director-General of the Organization shall be appointed under the following conditions:

(a)

When the term of office of the Director-General is due to expire, the appointment of a new Director-General shall be placed on the agenda of the regular session of the Conference immediately preceding the expiry of the term of office; whenever, for other reasons, the office of the Director-General is vacant, or notice is received of a pending vacancy, the appointment of a new Director-General shall be placed on the agenda of the next session of the Conference which opens not less than

120

days from the occurrence or notice of the pending vacancy.

(b)

In consideration of the expiry of the term of office of the Director-General, the Council shall set the dates for a period during which Member Nations may submit nominations for the office of Director-General. The nomination period shall have a duration of not less than twelve months and end at least 60 days prior to the beginning of the session of the Council referred to in sub-paragraph (c) of this paragraph. The nomination period shall be communicated to all Member Nations and Associate Members by the Secretary-General of the Conference and Council.

Nominations validly made in accordance with Rule XII.5 of these Rules shall be communicated to the Secretary-General of the Conference and Council by the date set by the Council. The Secretary-General shall circulate these nominations to all Member Nations and Associate Members by the date likewise set by the Council, it being understood that in the case of an election taking place at a regular session of the Conference, such date set by the Council shall be not later than 30 days before the session of the Council provided for in

subparagraph (c) of this paragraph

Rule XXV.2 (c) of these Rules

(c)

Subject to such arrangements as the Council may make consistent with these Rules aimed at ensuring equality among candidates, candidates shall address the session of the Council which will be scheduled not less than sixty days before the session of the Conference and respond to such questions as may be put to them by Member Nations and Associate Members of the Organization. There shall be no debate and the Council shall not draw any conclusion or recommendation from any of the statements or interventions made.

(d)

As soon as possible after the opening of the Conference session, the General Committee shall determine and announce the date of the election, it being understood that the appointment of the Director-General at a regular session shall begin and be effected within three working days following the opening date of such session.

Candidates shall address the Conference and respond to questions that Member Nations and Associate Members may put to them, subject to such arrangements as the Conference may make consistent with these Rules aimed at ensuring equality among candidates.

(e)

Travel expenses of each candidate, properly incurred in travelling, by the most direct route from his/her duty station to the site of the Council and Conference sessions referred to in sub-paragraphs (c) and (d) of this paragraph and return to his/her duty station, as well as a subsistence allowance for up to five days per session, shall be borne by the Organization in accordance with its travel regulations.

(b)

The Director-General shall be elected by a majority of votes cast. Until a candidate obtains the required majority, the following procedure shall apply:

(

) two ballots shall be held among all candidates;

(

) the candidate having received the smallest number of votes in the second ballot shall be eliminated;

(

iii

) thereafter, successive ballots shall be held, and the candidate having received the smallest number of votes in any one of these ballots shall be eliminated, until only three candidates remain;

(

) two ballots shall be held among the three remaining candidates;

(

) the candidate having received the smallest number of votes during the second ballot referred to in subparagraph (

) above shall be eliminated;

(

) a subsequent ballot, or successive ballots if necessary, shall be held among the two remaining candidates until one candidate obtains the required majority;

(

vii

) in the event of a tie between two or more candidates having received the smallest number of votes in one of the ballots referred to in subparagraphs (

) or (

iii

) above, a separate ballot or, if necessary, separate ballots shall be held among such candidates, and the candidate having received the smallest number of votes in such ballot or ballots shall be eliminated;

(

viii

) in the event of a tie between two candidates having received the smallest number of votes in the second of the two ballots referred to in subparagraph (

) above, or if all three candidates have received the same number of votes in that ballot, successive ballots shall be held among all three candidates until one candidate has received the smallest number of votes, after which the procedure provided in subparagraph (

) above shall apply.

Should the office of Director-General become vacant prior to the expiry of the term of office, the Council shall promptly make the necessary arrangements for the election of a new Director-General, subject to the provisions of sub-paragraph 1(a) of this Rule.

(c)

. Subject to the provisions of Article VII, paragraphs 1 to 3 of the Constitution, the terms and conditions of appointment of the Director-General, including the salary and other emoluments attached to the office, shall be determined by the Conference, having regard to any recommendations submitted by the General Committee, and shall be embodied in a contract signed by him and by the Chair

man

person

of the Conference on behalf of the Organization.

. The Deputy Director-General

with greater seniority in the position

shall act as Director-General in any case where the Director-General is unable to act or in the case of a vacancy in the office of the Director-General.

In case the Deputy Directors-General were appointed at the same time, the functions shall be exercised by the Deputy Director-General with greater seniority with the Organization, or if both have the same seniority, by the Deputy Director-General who is older.

”

Delegation of authority by the Director-General

Addition of a new paragraph 5 to Rule XXXVII of the GRO:

“

Functions of the Director-General

(...)

The Director-General may delegate authority and responsibility conferred upon him by this Rule to other officers of the Organization in accordance with the agreed principle of delegation of authority to the lowest appropriate levels. The Director-General shall remain accountable to the Conference and Council for the direction of the work of the Organization, in accordance with Article VII, paragraph 4 of the Constitution.

”

Appointment to the posts of Deputy Directors-General

Revised paragraph 1 of Rule XXXIX of the GRO:

“

Provisions relating to staff

The staff of the Organization shall be appointed by the Director-General, having regard to paragraph 3 of Article VIII of the Constitution. Selection and remuneration shall be made without regard to race, nationality, creed or sex. The terms and conditions of appointment shall be fixed in contracts concluded between the Director-General and each member of the staff. Appointment

to the post

of Deputy Director

-General shall be made by the Director-General, subject to confirmation by the Council. (...)

”

Instructs

the secretariat to make editorial adjustments inter alia to

Rules II, III, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI, XVII, XXIII, XXIV, XXV, XXVI, XXVII, XXIX, XXX, XXXI, XXXII, XXXIII, and XXXIV

of the General Rules of the Organization in order to use the word “

Chairperson

” instead of “

Chairman

”

“

Chairpersons

” instead of “

Chairmen

”

, “

Vice-Chairperson

” instead of “

Vice-Chairman

”, and

“

Vice-Chairpersons

” instead of “

Vice-Chairmen

”

Instructs

the secretariat to make editorial adjustments in order to renumber Rules, paragraphs and sub-paragraphs, to insert footnotes containing references to the Conference resolutions as appropriate, and to modify Rule references as appropriate.

Decides

to adopt the following amendments to the Financial Regulations:

Revised cycle of Programme and Budget preparation and of Governing Body sessions and elimination of the summary Programme of Work and Budget

Revised paragraphs 4 to 6 of Financial Regulation III: “

The budget

(...)

3.4

The Director-General shall submit to the regular session of the Conference detailed budget estimates for the ensuing financial period. The estimates shall be dispatched to all Member Nations and Associate Members not less than

days before the date fixed for the opening of the session.

3.5

The Director-General shall arrange for the summary budget to be considered by the Council not less than 90 days before the dated fixed for the opening of the regular session of the Conference.

3.5

. The Council shall prepare a report to the Conference on the estimates submitted by the Director-General.

This report shall be transmitted to all Member Nations and Associate Members at the same time as the estimates.

(other paragraphs to be renumbered) ”

(Adopted on

22 November 2009

)

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