AGREEMENT FOR THE ESTABLISHMENT OF A COMMISSION FOR CONTROLLING THE
DESERT LOCUST IN NORTHWEST AFRICA
as amended by the Commission at its Sixth Session (4-6 April 1977)
and approved by the FAO Council at its Seventy-Second Session (8-10
November 1977)
Rome, November 1970
PREAMBLE
The Contracting Governments, having regard to the urgent necessity of
preventing losses to agriculture in certain countries in Northwest Africa
caused by the Desert Locust, hereby establish within the framework of the Food
and Agriculture Organization of the United Nations (hereinafter referred to as
"the Organization") a Commission to be known as the "Commission for
Controlling the Desert Locust in Northwest Africa", whose object shall be to
promote national and international research and action with respect to the
control of the Desert Locust in Northwest Africa. Northwest Africa
(hereinafter referred to as "the Region") is defined, for the purpose of this
Agreement, as consisting of the territories of Algeria, Libya, Morocco and
Tunisia, and the countries adjacent hereto.
Article l
MEMBERSHIP
1. The Members of the Commission for Controlling the Desert Locust in
Northwest Africa, (hereinafter referred to as "the Commission"), shall be such
Member Nations and Associate Members of the Organizations situated in the
Region def1ned in the Preamble as accept this Agreement in accordance with the
provisions of Article XIV of this Agreement.
2. The Commission may, by a two-thirds majority of its membership, admit to
membership any other Nations situated in the Region that are part of the
United Nations, of any of the specialized agencies, or of the International
Atomic Energy Agency and that have submitted an application to this effect
together with a declaration made in a formal instrument that they accept this
Agreement as in force at the time of admission.
Article 11
OBLIGATIONS OF MEMBERS REGARDING NATIONAL POLICIES AND
INTERNATIONAL CO-OPERATION FOR THE CONTROL OF THE DESERT LOCUST
l. Members undertake to maintain directly and through the Secretary of the
Commission a regular exchange of information on the current locust situation
and the progress of control campaigns within their countries, and also to
transmit such information regularly to the Organization and to the Desert
Locust Information Service in London.
2. Members undertake to carry out all possible measures to control plagues of
the Desert Locust within their countries and to reduce crop damage by adopting
the following procedures:
a) maintaining a permanent locust reporting and control service;
b) holding reserves of insecticides and application equipment;
c) encouraging and supporting such training survey and researh work, including
where appropriate the maintenance of national research stations for the study
of the Desert Locust, as may be considered desirable by the Commission and as
are compatible with the resources of the country;
d) participating in the implementation of any common policy of locust control
or prevention which may be approved by the Commission;
e) facilitating the storage of any items of anti- locust equipment and
insecticides that might be held by the Commission and permitting the duty-free
import or export without hindrance of such goods and equipment as well as the
free movement within the country of such goods and equipments;
f) providing the Commission with any information it may request to carry out
its functions effectively.
3. Members undertake to submit to the Commission periodic reports on the
action taken to fulfil the obligations specified in paragraphs 1 and 2 above.
Article 111
SEAT OF THE COMMISSION
1. The seat of the Commission shall be determined by the Commission.
2. Sessions of the Commission shall normally be held at its seat. Sessions
may, however, be convened elsewhere in consultation with the Director-General
of the Organization, in pursuance of a decision of the Commission at a
previous session, or in exceptional circumstances of a decision by the
Executive Committee.
Article IV
FUNCTIONS OF THE COMMISSION
The following shall be the functions of the Commission:
1. Joint action and assistance
The Commission shall:
a) plan and promote joint action for the survey and control of the Desert
Locust in the Region wherever required and, to this effect, arrange means
whereby adequate resources can be made available;
b) assist and promote, in any manner which it considers appropriate, any
national, regional or international action relating to the control or survey
of the Desert Locust;
c) determine, in consultation with the Members concerned, the nature and
extent of assistance needed by such Members for implementing their national
programmes and for supporting regional programmes;
d) assist, at the request of any Member whose territory is faced with Desert
Locust situations beyond the capacity of its national services to control and
survey, in any measures jointly agreed to that may become necessary;
e) maintain at strategic localities determined by the Commission, in
consultation with the Members concerned, reserves of anti-locust equipment,
insecticides and other supplies, to be used in cases of emergency in
accordance with decisions of the Executive Committee including supplementing
of the national resources of any Member.
2. Information and co-ordination
The Commission shall:
a) ensure that all Members are provided with current information in regard to
Desert Locust infestations, and collect and disseminate information on
experience gained, research conducted and programmes adopted on the national,
regional and international levels in connexion with the control of the Desert
Locust;
b) assist the national research organizations of Members and co-ordinate
research in the Region by arranging visits of research and survey units from
Members and by other appropriate means.
3. Co-operation
The Commission may:
a) enter into arrangements or agreements through the Director-General of the
Organization, with nations in the Region that are not Members in the
Commission, for common action in connection with the survey and control of
locusts in the Region;
b) enter into or encourage arrangements, through the Director-General of the
Organization, with other United Nations Specialized Agencies or other
international organizations concerned, for common action in the study and
control of locusts and for the mutual exchange of information on problems
concerning locusts.
4. Administrative matters
The Commission shall:
a) consider and approve the report of the Executive Committee on the
activities of the Commission, the Programme and Budget of the Commission for
the ensuing financial period, and the annual accounts;
b) keep the Director-General of the Organization fully informed of its
activities and transmit to him the accounts, the Programme and the Budget of
the Commission, the latter for submission to the Council of the Organization
prior to implementation;
c) transmit to the Director-General of the Organization the reports and
recommendations of the Commission, for such action by the Council or
Conference of the Organization as may be appropriate.
Article V
Sessions OF THE COMMISSION
1. Each Member of the Commission shall be represented at sessions of the
Commission by a delegate who may be accompanied by alternates or by experts
and advisers. Alternates, experts and advisers may take part in the
proceedings of the Commission but may not vote unless authorized by the
delegate to substitute for him.
2. A majority of the Members of the Commission shall constitute a quorum. Each
Member shall have one vote. Decisions of the Commission shall be taken by a
majority of the votes cast except as otherwise provided for in this Agreement.
3. A Member which is in arrears in the payment of its financial contributions
to the Commission shall have no vote. if the amount of its arrears equals or
exceeds the amount of the contributions due from it for the two preceding
financial years.
4. The Commission shall elect, at the beginning of each regular session, a
Chairman and a Vice-Chairman from amongst the delegates. These officers shall
hold office until the beginning of the next regular session and shall be
eligible for reelection.
5. The Director-General of the Organization, in consultation with the Chairman
of the Commission, shall convene a regular session of the Commission at least
once a year. Special sessions may be convened by the Director-General of the
Organization in consultation with the Chairman of the Commission, if so
requested by the Commission in regular session or by at least one-third of the
Members during intervals between regular sessions.
6. The Director-General of the Organization or a representative designated by
him shall have the right to participate without vote in all meetings of the
Commission and of the Executive Committee.
Article VI
OBSERVERS AND CONSULTANTS
1. Participation of international organizations in the work of the Commission
and the relations between the Commission and such organizations shall be
governed by the relevant provisions of the Constitution and the General Rules
of the Organization as well as by the rules on relations with international
organizations adopted by the Conference or Council of the Organization. All
such relations shall be dealt with by the Director-General of the
Organization.
2. Member Nations and Associate members of the Organization that are not such
Members of the Commission may, upon their request, be represented by an
observer at sessions of the Commission.
3. Nations which, while not members of the Commission, nor Members or
Associate Members of the Organization but which are part of the United
Nations, any of the Specialized Agencies or the International Atomic Energy
Agency may, upon request and subject to the concurrence of the Executive
Committee and to the provisions relating to the granting of observer status to
nations adopted by the Conference of FAO, be invited to attend sessions of the
Commission in a observer capacity.
4. The Commission may invite consultants or experts to attend its sessions.
The Executive Committee may also invite consultants or experts to attend its
sessions or those of the Commission.
Article VII
SECRETARIAT
The Director-General of the Organization shall provide the Secretary and
staff of the Commission who, for administrative purposes shall be responsible
to him. They shall be appointed under the same terms and conditions as the
staff of the Organization.
Article VIII
THE EXECUTIVE COMMITTEE
1. There shall be an Executive Committee composed of one representative
(preferably a locust specialist) of each of the Members of the Commission. The
Executive Committee shall elect its Chairman and Vice-Chairman from amongst
the representatives of Members of the Committee. The Chairman and Vice-
Chairman of the Executive Committee shall hold office for one year and shall
be eligible for re-election.
2. The Executive Committee shall meet at least once between any two successive
regular sessions of the Commission. The Chairman of the Executive Committee
shall, in consultation with the Chairman of the Commission and the Director-
General of the Organization, convene sessions of the Committee.
3. The Secretary of the Commission shall act as Secretary of the Executive
Committee.
Article IX
FUNCTIONS OF THE EXECUTIVE COMMITTEE
The Executive Committee shall:
a) make proposals to the Commission with respect to the general policy of the
Commission;
b) submit draft programmes of work and budget and annual accounts to the
Commission;
c) ensure the implementation of the policies and programmes approved by the
Commission;
d) prepare the draft annual report on the activities of the Commission for the
approval of the Commission and for transmission to the Director-General of the
Organization;
e) carry out such other functions as the Commission may delegate to it.
Article X
RULES OF PROCEDURE
The Commission may, by a two-thirds majority of its membership, adopt and
amend its own Rules of Procedure which shall be consistent with the General
Rules of the Organization. The Rules of Procedure of the Commission and any
amendments that may be made thereto shall come into force upon approval by the
Director-General of the Organization, and as from the date of such approval.
Article XI
FINANCE
1. Each Member of the Commission undertakes to contribute annually its share
of the Budget in accordance with a scale of contributions to be adopted by a
two-thirds majority of the membership of the Commission. Contributions by
Members shall be made in cash.
2. The Commission may also accept contributions and donations from other
sources.
3. Contributions shall be payable in currencies to be determined by the
Commissions after consultation with each Member and with the concurrence of
the Director-General of the Organization.
4. All contributions and donations received shall be placed in the Trust Fund
administered by the Director-General of the Organization in conformity with
the Financial Regulations of the Organization .
Article XII
EXPENSES
1. The expenses of the Commission shall be paid out of its Budget except those
relating to such staff and facilities as may be made available by the
Organization. The expenses to be borne by the Organization shall be determined
and paid within the limits of annual budget prepared by the Director-General
of the Organization and approved by the Conference of the Organization in
accordance with the Constitution, General Rules and the Financial Regulations
of the Organization.
2. Expenses incurred by delegates of Members of the Commission and by their
alternates, experts and advisers, when attending sessions of the Commission,
as well as the expenses incurred by observers, shall be borne by the
respective governments or organizations. Expenses incurred by the
representative of each Member of the Commission when attending sessions of the
Executive Committee shall be borne by the Commission.
3. Expenses of consultants or experts invited to attend sessions or
participate in the work of the Commission or the Executive Committee shall be
borne by the Commission.
4. The expenses of the Secretariat shall be borne by the Organization.
Article XIII
AMENDMENTS
1. This Agreement may be amended by a two-thirds majority of the membership of
the Commission.
2. Proposals for amendments may be made by any Member of the Commission or by
the Director-General of the Organization. Proposals made by a Member of the
Commission shall be addressed to both the Chairman of the Commission and the
Director-General of the Organization and those made by the Director-General of
the Organization shall be addressed to the Chairman of the Commission, not
later than 120 days before the Session of the Commission at which the proposal
is to be considered. The Director-General of the Organization shall
immediately inform all Members of the Commission of all proposals for
amendments.
3. Any amendment to this Agreement shall require the approval of the Council
of the Organization unless the Council considers it desirable to refer the
amendment to the Conference of the Organization for approval.
4. Amendments not involving new obligations for Members of the Commission
shall take effect from the date of the approval by the Council or Conference
of the Organization, as appropriate.
5. Amendments involving new obligations for Members of the Commission shall
after approval by the Conference or Council of the Organization, come into
force in respect of each Member only upon acceptance by it. The instruments of
acceptance of amendments involving new obligations shall be deposited with the
Director-General of the Organization. The Director-General of the Organization
shall inform all Members of the Commission and the Secretary-General of the
United Nations of such acceptance. The rights and obligations of any Member of
the Commission that has not accepted an amendment involving new obligations
shall continue to be governed by the provisions of the Agreement in force
prior to the amendment.
6. The Director-General of the Organization shall inform all Members of the
Commission, all Members and Associate Members of the Organization and the
Secretary-General of the United Nations of the entry into force of any
amendment.
Article XIV
ACCEPTANCE
1. Acceptance of this Agreement by any Member or Associate Member of the
Organization shall be effected by the deposit of an instrument of acceptance
with the Director-General of the Organization and shall take effect on receipt
of such instrument by the Director-General of the Organization.
2. Acceptance of this Agreement by non-Member Nations of the Organization
shall become effective on the date on which the Commission approves the
application for membership in conformity with the provisions of Article I of
this Agreement.
3. The Director-General of the Organization shall inform all Members of the
Commission, all Members and Associate Members of the Organization and the
Secretary-General of the United Nations of all acceptances that have become
effective.
4. Acceptance of this Agreement may be made subject to reservations which
shall become effective only upon unanimous approval by the Members of the
Commission. The Director-General of the Organization shall notify forthwith
all Members of the Commission of any reservations. Members of the Commission
not having replied within three months from the date of the notification shall
be deemed to have accepted the reservation. Failing such approval, the nation
making the reservation shall not become a party to this Agreement.
Article XV
TERRITORIAL APPLICATION
The Members of the Commission shall, when accepting this Agreement, state
explicitly to which territories their participation shall extend. In the
absence of such a declaration, participation shall be deemed to apply to all
the territories for the international relations of which the Member is
responsible. Subject to the provisions of Article XVII-2, the scope of the
territorial application may be modified by a subsequent declaration.
Article XVI
INTERPRETATION AND SETTLEMENT OF DISPUTES
Any dispute regarding the interpretation or application of this Agreement,
if not settled by the Commission, shall be referred to a Committee composed of
one member appointed by each of the parties to the dispute, and in addition an
independent chairman chosen by the members of the Committee. The
recommendations of such a Committee, while not binding in character, shall
become concerned of the matter out of which the disagreement arose. If as the
result of this procedure the dispute is not settled, it shall be referred to
the International Court of Justice in accordance with the Statute of the
Court, unless the parties to the dispute agree to another method of
settlement.
Article XYII
WITHDRAWAL
1. Any member may withdraw from the Commission at any time after the
expiration of one year from the date on which its acceptance took effect or
form the date on which the Agreement entered into force, whichever is the
later, by giving written notice of withdrawal to both the Chairman of the
Commission and the Director-General of the Organization. The Director-General
of the Organization shall forthwith inform all Members of the Commission, all
Member Nations and Associate Members of the Organization and the Secretary-
General of the United Nations of the receipt of any notice of withdrawal. The
withdrawal shall become effective one year from the date of receipt by the
Director-General of the organization of the notification of withdrawal.
A Member of the Commission may give notice of withdrawal with respect to
one more of the territories for the international relations of which it is
responsible. When a Member gives notice of its own withdrawal from the
Commission, it shall state to which territory or territories the withdrawal is
to apply. In the absence of such a declaration, the withdrawal shall be deemed
to apply to all the territories for the international relations of which the
Member of the Commission is responsible, except that such withdrawal shall not
be deemed to apply to an Associate Member of the Organization.
3. Any Member of the Commission that gives notice of withdrawal from the
Organization shall be deemed to have simultaneously withdrawn from the
Commission, and this territories for the international relations of which the
Member concerned is responsible, except that such withdrawal shall not be
deemed to apply to an Associate Member of the Organization.
Article XVIII
TERMINATION
1. This Agreement shall be considered terminated if and when the number of
Members of the Commission falls below three, unless the two remaining Members
of the Commission decide, with the approval of the Conference of the
Organization, to maintain the Agreement in force. The Director-General of the
Organization shall inform all Members of the Commission, all Members and
Associate Members of the Organization and the Secretary-General of the United
Nations of such termination.
2. On termination of the Agreement all assets of the Commission shall be
liquidated by the Director-General of the Organization and after settlement of
the liabilities the balance shall be distributed proportionately amongst
Members on the basis of the scale of contributions in force at the time.
Nations whose contributions are in arrears for two consecutive years shall not
be entitled to a share of the assets.
Article XIX
ENTRY INTO FORCE
1. This Agreement shall enter into force as soon as three eligible Members or
Associate Members of the Organization have become parties to it by the deposit
of an instrument of acceptance in accordance with the provisions of Article
XIV of this Agreement.
2. The Director-General of the Organization shall notify all Nations having
deposited instruments of acceptance as well as all Member Nations and
Associate Members of the Organization and the Secretary-General of the United
Nations of the date on which this Agreement comes into force.
Article XX
AUTHENTIC LANGUAGES
The English, French and Spanish texts of this Agreement shall be equally
authentic.