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such recommendations without delay and without the administrative complications tha rose out of the retroactive application of new provisions, he would have to be empowered to amend the Staff Regulations to give effect to recommendations of the ICSC in the circumstances en- visaged by the Council. This would entail the amendment of Rule XXXIX.3 and a consequential amendment to Staff Regulation 301.122.
5. Before considering the actual drafting of the amendments that had been submitted to it by the Director-General, the CCLM observed that an amendment to the General Regulations authorizing the Director-General to give effect to recommendations of the ICSC, as decided by the Council, would leave the Director-General free to determine whether or not to follow the course of action taken by the General Assembly. The CCLM recognized that whereas it was generally desirable to promote the harmonization of conditions of employment among organiza- tions that formed part of the United Nations Common System, such flexibility was desirable so that the effects of any changes could be considered by the Director-General and the Or- ganization's governing bodies in the light of the particular circumstances prevailing in
FAO.
6"
The CCLM also noted that the additional authority to amend the Staff Regulations envis- aged for the Director-General would not, of itself, give rise to any financial consequences for the Organization. On the other hand, some financial consequences might ensue as the consequence of the exercise by the Director-General of authority to apply particular recom- mendations of the ICSC. In this connection, the CCLM recalled that under Financial Regula- tion XIII, when the Council was called upon to take a decision involving expenditures, it should have before it a report from the Director-General on the administrative and finan- cial implications of the proposals. Concern was expressed in that the provisions of Article XIII of the Financial Regulations were prospective rather than retrospective. It was pointed out to the CCLM that while the provisions of Financial Regulation XIII did not specifically apply to such action taken by the Director-General, nevertheless it was believed that the requirement in Rule XXXIX.3 of the General Rules of the Organization, that the Director- General report to the Finance Committee and the Council, fully met the spirit and intent of Financial Regulation XIII. The CCLM agreed that, since the Director-General would re- port the promulgation of amendments to the Staff Regulations to the Finance Committee and the Council, the governing bodies would have an adequate opportunity to review the effect that such amendments would have on the Organization's finances.
1.
The CCLM examined the draft amendments to the General Rules and the Staff Regulations which would be required to give effect to the Council's decision and, noting that an amend- ment of the General Rules would require approval by the Conference, proposes the following draft Conference resolution for consideration by the Council.
DRAFT CONFERENCE RESOLUTION
AMENDMENT TO RULE XXXIX.3 OF THE GENERAL RULES OF THE ORGANIZATION
THE CONFERENCE
Recalling that by Resolution 17/73 adopted at its Seventeenth Session (November 1973) it had amended the General Rules of the Organization, thereby authorizing the Director-General to promulgate Staff Regulations to give effect to decisions of the International Civil Service Commission;
Noting that the Council, at its Eighty-second Session (November-December 1982), endorsed the Finance Committee's view that the Director-General should be authorized to apply im- mediately, at his discretion, to staff in the professional and higher categories (including the Deputy Director-General), recommendations of the International Civil Service Commission relating to salaries and allowances which had been approved by the General Assembly of the United Nations;
Noting further that with a view to giving the Director-General the authority referred to above the Council, at its Eighty-fourth Session (November 1983), endorsed a draft amendment to Rule XXXIX.3 of the General Rules of the Organization prepared by the CCLM;