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wa

CL

council

CL 84/5 October 1983

FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS ROME

Eighty-fourth Session

Rome, 1 3 November 1983

REPORT OF THE FORTY-THIRD SESSION OF THE

COMMITTEE ON CONSTITUTIONAL AND LEGAL MATTERS (CCLM)

E

(Rome, 3

-

5 October 1983)

I.

INTRODUCTION

1. The Forty-third Session of the Committee on Constitutional and Legal Matters (CCLM) was held from 3 to 5 October 1983 under the Chairmanship of Mr T. Glaser (Switzerland). The following Members of the Committee were represented: Hungary, Italy, Switzerland, United Kingdom and the United States of America.

2.

The CCLM considered the following substantive questions:

1. Amendment of Rule XXXIX.3 of the General Rules of the Organization.

2.

Amendments to the Plant Protection Agreement for the Asia and Pacific Region:

Provisions for Mandatory Contributions by Contracting Governments;

(a)

(b)

Inclusion of the People's Republic of China in the definition of the Region.

II.

AMENDMENT OF RULE XXXIX.3 OF THE GENERAL RULES OF THE ORGANIZATION

3. The CCLM noted that the Council at its Eighty-second Session in November-December 1982 1/, endorsing the views expressed by the Finance Committee at its Fiftieth Session in September 1982 2/, decided that the Director-General should be authorized to apply immediately, at his discretion, "to staff in the Professional and higher categories (in- cluding the Deputy Director-General) any future recommendations of the ICSC approved by the General Assembly of the United Nations, reporting his actions or reasons for not taking immediate action to the Finance Committee and, as necessary, to the Council". Further, the CCLM noted that the Council had recognized that "although action by the General Assembly on personnel matters did not require similar action on the part of FAO, not to do so would imply a deviation from the UN Common System".

4.

The CCLM considered that the application by the Director-General of recommendations of the International Civil Service Commission (ICSC) approved by the General Assembly, concerning the salaries and allowances of staff in the Professional and higher categories, as proposed by the Council, might require changes to be made in Staff Regulations. The CCLM noted that the Director-General was already empowered under Rule XXXIX.3 to amend the Staff Regulations to give effect to decisions of the ICSC. However, this authority did not extend to recommendations of the ICSC. So that the Director-General might apply

W/M5842/c

1/ CL 82/REP, paragraphs 181 and 182.

2/ CL 82/11, paragraph 2.63.

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