18. It should be mention that of the five other agreements concluded under Article XIV of the Constitution that provide for mandatory contributions, four do not specify the criteria for app rtioning contributions.
19. It can be concluded this: (i) it is by no means indispensable to specify the criteria on which apportionment is to be based in the agreement itself: and that (ii) even in bodies established under ticle XIV of the FAO Constitution, different criteria for apportioning contributions he been adopted. The only way in which the financial
implications for the parties
to be laid down in the Agri require frequent amendments necessary for the amounts to
Commentary on paragraph 2 ci
20.
ould be made foreseeable in advance is for specific amounts at or an annex thereto. However, so static a system would
the Agreement when inflation and other factors made it be revised in order to remain realistic.
ew Article III
In view of the fact th states may become Members of the Commission in the course of a biennium - and possibly arly in that biennium - it would be appropriate for some contribution to be paid by t m for at least part of the biennium in which their membership took effect. Paragraph 2 therefore requires the Commission to determine how this contribution would be calculated. This determination should be made preferably at the first session of the Commission following the entry into force of the amendments.
Commentary on paragraph 3 of New Article III
21.
Contributions from Members of the Commission are deposited in trust funds administered by the Director-General of FAO, as provided in paragraph 4 of New Article III. Thus, both the Members of the Commission and the Director-General have a responsibility to ensure that contributions are deposited in currencies which would permit the implementation of the Commission's programm of work. For example, if contributions were made in non-convertible currencies, it would be impossible to make monies available from the trust. fund to finance activities that the Commission had planned in the region, but which were outside the country in whose non-convertible currency a contribution had been made.
Commentary on paragraph 4 of New Article III
22.
In accordance with paragraph 33(c)(ii) of the "Principles and Procedures which should govern conventions and agreements concluded under Articles XIV and XV of the Constitution, and Commissions and Committees established under Article VI of the Constitution" (Part R of the FAO Basic Texts) adopted by the FAO Conference at its Ninth Session, contributions to the budgets of Article XIV bodies are remitted to FAO which establishes a trust or special fund for the purpose; these trust or special funds being administered in accordance with
FAO's Financial Regulations.
23.
As is the case in agreements setting up other Article XIV bodies that have their own budget, this paragraph alsc envisages the possibility of supplementary contributions from Members of the Commission it. volontary contributions additional to the mandatory contributions provided for i. paragraph 1 of New Article III) as well as donations from other sources, being made to support specific activities of the Commission. Monies thus received would also be placed in trust funds.
Commentary on paragraph 5
24.
This paragraph, which is based on the corresponding provisions of other similar Agreements, is designed to ensure that any uncommitted balances in the Commission's budget will remain available for use in the following biennium.
Commentary on paragraph 6
25.
This amendment is not absolutely necessary because it is not mandatory for Governments to establish such funds and they remain free to do so, on a volontary basis, at any time and in any amount. While paragraph 6 is not required, from a legal point of view, it serves as a reminder to Members of the Commission of this additional method of raising funds to finance the Commission's work. It is also an example of technical cooperation among developing countries and, in fact, paragraph 6 is based on Article XV.3