From Report of the Council of FAO Eighty-Fourth Session Rome, 1-3 November, 1983
21
121. The Council agreed with the CCLM's conclusions with respect to the entry into force of the amendments to introduce mandatory contributions and to Article I(a) of the Agreement which redefined the Region. Whereas the amendments which provide for mandatory contributions by Governments did involve new obligations for Contracting Governments, the amendment to Article 1(a) did not. Thus, in accordance with the provisions of Article IX.4 of the Agreement, the amendment to Article I(a) would come into force with respect to all Contracting Governments as from the thirtieth day after acceptance of two-thirds of the Contracting Governments. On the other hand the amendments involving new obligations would come into force as from the thirtieth day after acceptance by two-thirds of the Contracting Governments, but only with respect to the Contracting Governments which at the time of entry into force or at some later date, had actually accepted the amendments.
122.
The Council, having considered the recommendations of the CCLM, decided to approve the proposed amendments and adopted the following Resolution:
Resolution 1/84
AMENDMENTS TO THE PLANT PROTECTION AGREEMENT FOR
THE ASIA AND PACIFIC REGION
THE COUNCIL,
Noting that Plant Protection Commission for the Asia and Pacific Region at its Thirteenth Session (Manila, April 1983) had decided to propose certain amendments to the Agreement under which it had been established,
Noting further that in accordance with Article IX.2 of the Agreement, the Director-General had submitted the amendments to the Council for approval,
1. Approves the amendments to the Agreement as set forth in Appendix F to this
Report,
2.
Recommends to the Director-General that the amendment of Article I(a) of the Agreement and the other amendments to the Agreement should be sent for acceptance by Contracting Governments in separate communications in view of the different conditions governing their coming into force.
FAO's Immunity from Legal Process 1/
123. The Council had discussed the question of FAO's immunity from legal process in Italy at its Eighty-second Session (November-December 1982 2/) and Eighty-third Session (June 1983) 3/. At its Eighty-second Session it had adopted Resolution 1/82 in which it had, inter alia, requested the Host Government to take measures to settle the problem that had arisen with the landlords of Building F without further reference to the Italian courts and to safeguard the Organization's immunity from legal process in the future.
124.
The Council had expressed, at its Eighty-third Session grave concern at the deteriorating situation which was reflected by further cases brought against FAO and judgments rendered against it in cases in which it had not waived its immunity. Considering that no concrete measures had been taken by the Host Government to give effect to Resolution 1/82, it had adopted Resolution 3/83. In that Resolution, the Council had urged the Host Government, inter alia, to ensure that no measures of execution were applied against FAO, and that FAO's assets were not frozen; to ensure that Sections 16 and 17 of the Headquarters Agreement were respected; to take the necessary action with a view to the settlement of the dispute with the landlords of Building F without further recourse to the Italian courts; and to take expeditious measures of a legislative nature to ensure that in future FAO would be immune from all forms of legal process before the Italian
courts.
125.
The Council welcomed the statement made by the Representative of the Host Government to the effect that the question of the Organization's immunity from legal process had been raised in the course of a recent meeting between the Director-General and the Minister of Foreign Affairs and that the Government was currently considering the possibility of amending Italian legislation regarding the immunity from measures of execution of State property and the property of inter-governmental organizations with a view to being in a
तोनोलो
1/
CL 84/2; CL 84/PV/5; CL 84/PV/6.
2/
CL 82/REP, paras. 200-218.
3/ CL 83/REP, paras. 262-269.