CCLM 71/2

COMMITTEE ON CONSTITUTIONAL AND
LEGAL MATTERS

Seventy-first Session

Rome, 10 - 11 October 2000

REVISED NOTE ON THE METHODS OF WORK
OF THE COUNCIL

1. In 1971, the Council established an Intergovernmental ad-hoc Committee on the Methods of Work of the Council. The proposals of this Committee were reviewed by the Council in 1972 and the "Note on the Methods of Work of the Council" adopted at the 60th Session of the Council in 1973.1 Since that date, no further revisions have taken place.

2. According to the Note, the methods of work should be printed and distributed with the provisional agenda. The Secretariat has observed this practice for all Council sessions since 1973 although, with the passing of time, some of the methods of work included in the Note (e.g. the "Committee-of-the-whole") were abolished or had become obsolete. The Note, as reproduced for the 117th Session of the Council (CL/117/INF/4), will be made available to the Committee on Constitutional and Legal Matters (CCLM) members for comparison purposes.

3. It is proposed that the CCLM consider the revised "Note on the Methods of Work of the Council" presented in this document, which reflects the latest developments and decisions emanating, in particular, from the results of the examination of Governance issues by the Joint Meeting of the Programme and Finance Committees under their standing item on "Savings and Efficiencies in Governance". The text is presented in two colums, the first containing the text of the Note, the second containing explanatory comments.

4. The CCLM would then append the revised Note to its report for endorsement by the 119th Session of the Council.

NOTE ON THE METHODS OF WORK OF THE COUNCIL

 EXPLANATORY COMMENTS
(Reference to paragraphs of old version)
The text of this Note, originally adopted by the Council at its Sixtieth Session in June 19732, was updated at its Hundred and Nineteenth Session in November 2000, in the light of the recommendations made by the Committee on Constitutional and Legal Matters (CCLM) at its October 2000 Session. Updated version of the first line

FUNCTIONS OF THE COUNCIL

  
1. The Council should concentrate on general policy issues pertaining to the achievement of the objectives and functions, spelled out in the Preamble and Article I of the FAO Constitution. Exactly the same as old 1
2. The Council should in particular focus on those of its functions relating to the general policy of the Organization, as set out in Rule XXIV of the General Rules of the Organization (GRO), and in particular: Exactly the same as old 1.1
  1. the world food and agricultural situation and related matters;
New, to reflect genetic resources, standard setting, etc.
  1. current and prospective activities of the Organization, including its Programme of Work and Budget;
New, to reflect TCP, SPFS, EMPRES
  1. administrative matters and financial management of the Organization;

New overall chapeau, comprising all funding sources including extra-budgetary resources
  1. constitutional matters, including making recommendations to the Conference on amendments to the Basic Texts of the Organization;
New
  1. electing members of Programme Committee, Finance Committee, and Committee on Constitutional and Legal Matters, and proposing candidates for the offices of the Conference.
New
3. The Council should act on behalf of the Conference on matters specifically entrusted to it by the superior body and should delegate authority to the Programme and Finance Committees as might be necessary. Encompasses more than just PWB, which was highlighted in old version - reworded differently, but included in old 1.3
4. In reviewing the activities of its subsidiary bodies, the Council should ensure that:
  1. they give the necessary attention to the matters falling within their respective mandates;
  2. they do not duplicate each other's work; and
  3. their discussions are not repeated in the Council, except when this is necessary to enable a decision to be reached.

Exactly the same as old 1.4

AGENDA AND DOCUMENTATION  
5. The Provisional Agenda should be issued together with the invitation letters 60 days before the date of commencement of the Council Session and documents for Council sessions should be issued in sufficient time for Member Nations to examine them before the session, and in a form that shall facilitate the Council's consideration. New - expanding on old 2.1
6. An Annotated Provisional Agenda should be issued prior to the Council Session providing under each proposed agenda item the following information:
  1. the documentation required for the discussion of that item;
  2. an indication whether the item is submitted to Council for decision, discussion or information.
New - expanding on old 2.1
7. The length of Council documents should normally not exceed 6 400 words. All documents should be issued in the languages of the Organization (Arabic, Chinese, English, French and Spanish). New
8. Unless the timing of the sessions of the bodies concerned makes it impossible, all documents (other than the summary of the proposed Programme of Work and Budget) should be dispatched at least six weeks before the opening of the session in question. From old 3.1 - shortening deadline from 8 to 6 weeks
9. Sessions of other bodies whose reports must be considered by the Council should, as far as possible, be held in sufficient time to meet the deadline in paragraph 8 above.

Exactly the same as old 3.2

10. To facilitate decision-making by Council all reports of subsidiary bodies and other documents should be prefaced by a list of points requiring the Council's decision or consideration. Slightly different from old 3.3
11. The points requiring the Council's decision should be divided into:
  1. those where a subsidiary body has made recommendation(s) for endorsing by the Council;
  2. those on which no decision has been reached by a subsidiary body and on which a decision by the Council is required.
Exactly the same as old 3.4
12. In respect of a), there should be no discussion in the Council unless a member desires clarification or amendments to a subsidiary body's recommendation, in which case it should inform the Secretariat in advance of the meeting. Exactly the same as old 3.4
13. Reports of subsidiary bodies and other documents which do not contain points requiring the Council's decision or consideration should be presented for information only. Exactly the same as old 3.5
CONDUCT OF DEBATE  
14. The summaries contained in the documents should provide adequate introductory material, and therefore oral introduction should not normally be necessary. Exactly the same as old 5
15. Secretariat introductions should be made only when important new developments have occurred since the relevant document was issued. Exactly the same as old 5.1
16. At the discretion of the Chairperson of the Council, the Chairpersons of the Programme Committee, the Finance Committee and the CCLM may be invited to introduce their reports. Shortened version of old 5.2
17. Lengthy and/or repetitious statements should be avoided and speakers should not restate views already expressed by others, unless extended debate is required to develop a consensus. In these cases, speakers should confine themselves to indicating their agreement with a previous speaker, and not repeat what has already been said. Exactly the same as old 6 and 6.1
18. The participation of representatives of organizations of the United Nations system in FAO sessions will continue to be governed by existing procedures and practices. Exactly the same as old 6.5
19. In respect of items on which a decision is required, the Chairperson, if preliminary debate indicates that there is likely to be difficulty in reaching agreement, should suspend the debate and allow for informal consultations or set up a sessional working party to examine the matter and make recommendations to the Plenary. Exactly the same as old 2.3, except for reference to Committee-of the-whole, which no longer exists
20. With the exception of the provisions of paragraph 19 above, debate on any item should normally be completed before debate on the next item begins.

Same as old 2.4
21. Any Council member who wishes to open a discussion on an item presented for information only, should inform the Secretary-General as soon as possible, and in any case before the meeting at which that item is scheduled. Slightly modified version of old 2.2
22. Information items or documents which do not form part of the Agenda for Council discussions will be listed at the end of the Agenda. Any delegation wishing to refer to these items or documents may do so under the Agenda item "Any other Matters" New
23. Committee Chairpersons and the Secretariat should have the Right of Reply to the points made in the debate. Exactly the same as old 5.3
24. At the end of the debate on each item, the Chairperson should as far as possible highlight the main trends apparent in the debate. This should be taken into account by, but should not be binding on, the Drafting Committee.

Slightly modified version of old 6.6
COUNCIL REPORTS AND RECORDS  
25. Verbatim records shall be kept of Council Plenary meetings and accordingly Council reports, while recording in an unambiguous manner all decisions reached by the Council, should be as concise as possible Rewording of old 6.7 and 7
26. A draft report should be prepared by a Drafting Committee with Secretariat assistance. Exactly the same as old 7.1
27. The reports of the Council should be written in clear and unambiguous terms to avoid potential misunderstandings on the type of follow-up action required. New
28. Reports on the various agenda items should provide a brief indication of the background and the main views expressed and then list decisions reached. The action taken by the Council should be clearly specified using the formula "The Council agreed/decided/recommended/requested/urged, ..."and the verb should be underlined in the report. Elaboration of old 7.4
29. If the views of "some"or "many" members are included in reports, the verb should not be underlined to ensure that they are not mistaken for decisions of the Council. To the extent possible, these expressions or variations thereof ("a few", "several") should however be avoided. New
30. Reports should not generally record the views of individual delegations by name, since the verbatim records include all interventions made in Plenary meetings. Slight variation of old 7.6
31. Expression in the passive voice, such as "note was taken of..." or "support was expressed..."should be avoided. Instead, the report should specify that "the Council took note" or "expressed its support". New
32. The Secretary-General should provide the Council at each session with an information document regarding the implementation of decisions taken at the preceding session. Same as old 7.8

ADHERENCE TO THE METHODS OF WORK

  
33. These methods of work should be available to delegations during the sessions of the Council. Slight variation of old 9.1
34. The Chairperson should draw these Notes to the attention of members at each session, and at the first meeting of the Drafting Committee its members should be formally appraised of the guidelines listed in the section "Council Reports and Records" (paras. 25 to 32 above). Expansion of old 9.2
35. Appropriate sections of these methods of work should be applied to the subsidiary bodies of the Council. Exactly the same as old 9.3
Annex - Rules applicable to Council Procedures Exactly the same as old version

1 CL 60/REP, paras 170-174 and Appendix G.

2 At its Sixtieth Session the Council adopted this text after re-examining the decisions taken at its Thirty-fifth Session (June 1961) as amended at its Forty-third Session (October 1964). It had also reviewed the recommendations of the Intergovernmental Ad Hoc Committee on the Methods of Work of the Council which it had set up at its Fifty-sixth Session (June 1971) and had taken into account its own detailed comments on those recommendations made at its Fifty-ninth Session (November 1972). See CL 60/REP, paras 170-179 and Appendix G.