Agreement for the Establishment of a Commission for Controlling the Desert Locust in the Eastern Region of its Distribution Area in South-West Asia in United States

Agreement for the Establishment of a Commission for Controlling the Desert Locust in the Eastern Region of its Distribution Area in South-West Asia

Rome, 3 December 1963

PREAMBLE

The Contracting Governments, having regard to the urgent
necessity of preventing losses to agriculture in certain
countries of central and western Asia 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 the Eastern
Region of its Distribution Area in South-West Asia”, whose object
shall be to promote national and international research and
action with respect to the control of the Desert Locust in that
Region.

The Region is defined as consisting of the territories of
Afghanistan, India, Iran and Pakistan and any territories
adjacent to the above countries.

Article I

MEMBERSHIP

1. The Members of the Commission for Controlling the Desert
Locust in the Eastern Region of its Distribution Area in
South-West Asia (hereinafter referred to as “the Commission”)
shall be such Member Nations and Associate Members of the
Organization situated in the Region defined in the Preamble as
accept this Agreement in accordance with the provisions of
Article XV of this Agreement.

2. The Commission may, by a two-thirds majority of its Members,
admit to membership such other States, situated in the Region
that are Members of the United Nations, any of its Specialized
Agencies or the International Atomic Energy Agency, as have
submitted an application for membership of the Commission and a
declaration made in a formal instrument that they accept this
Agreement as in force at the time of admission.

Article II

0BLIGATIONS OF MEMBERS REGARDING NATIONAL POLICIES AND
INTERNATIONAL CO-OPERATION FOR THE CONTROL OF THE DESERT LOCUST

1. Members undertake to maintain 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 Desert Locust Information Service in London, in the light
of the Agreement between the Organization and the Anti-Locust
Research Center.

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 at least the following esential
procedures:

a) maintaining a permanent locust information and reporting
service;

b) maintaining an adequate permanent locust control service;

c) holding reserves of insecticides and application equipment;

d) encouraging and supporting such training, survey and research
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;

e) participating in the implementation of any common policy of
locust control or prevention which may be approved by the
Commission;

f) facilitating the storage of any items of antilocust equipment
and insecticides 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 equipment;

g) 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 l and 2 above.

Article III

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 implement 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 programme 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 programs adopted on the national regional and international
levels in connection 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 and 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 of the United Nations, for common action in
connection with survey and control of locusts in the Region;

b) enter into or encourage arrangements, through the
Director-General, with other United Nations Specialized Agencies
or other international organizations concerned, for common action
on 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 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 an
alternate and 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
re-election.

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 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 session.

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 or its subsidiary bodies.

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 Members of the Commission may, upon their request, be
represented by an observer at sessions of the Commission and of
its subsidiary bodies.

3. States which, while not Members of the Commission nor Members
or Associate Members of the Organization, are Members of the
United Nations, any of its 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 the Organization, be invited to
attend sessions of the Commission and its subsidiary bodies in an
observer capacity.

4. The Commission may invite consultants or experts to attend its
sessions.

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. An Executive Committee shall be established and shall be
composed of one representative (preferably a locust specialist)
of each of the Members of the Commission. The Chairman and
Vice-Chairman of the Executive Committee shall be elected from
amongst its Members and shall hold office for one year. They
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
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 concerning policy matters and
the programme of activities;

b) ensure the implementation of the policies and programmes
approved by the Commission;

c) submit draft programmes of work and budget and annual accounts
to the Commission;

d) prepare the draft annual report on the activities of the
Commission for the approval of the Commission with the view of
its 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 AND FINANCIAL REGULATIONS

The Commission may, by a two-thirds majority of its membership,
adopt and amend its own Rules of Procedure and Financial
Regulations which shall be consistent with the General Rules and
the Financial Regulations respectively of the Organization. The
Rules of Procedure and Financial Regulations of the Commission
and any amendment thereto shall come into force upon approval by
the Director-General of the Organization, and as from the date of
such approval, the Financial Regulations and amendments thereto
being subject to confirmation by the Council of the Organization.

Article XI

SUBSIDIARY BODIES

1. The Commission may, if necessary, establish sub-commissions,
committees or working parties, subject to the availability of the
necessary funds in the relevant chapters of the approved budgets
of the Commission and of the Organization. The determination of
such availability shall be made by the Director-General of the
Organization. Before taking any decision involving expenditure in
connection with the establishment of subsidiary bodies, the
Commission shall have before it a report from the
Director-General on the administrative and financial implications
thereof.

2. Sessions of sub-commissions, committees and working parties
shall be convened by the Chairman of such bodies in consultation
with the Director-General of the Organization.

3. Membership in subsidiary bodies shall either be open to all
Members of the Commission or shall consist of selected Members of
the Commission, or of individuals appointed in their personal
capacity, as determined by the Commission.

4. The procedure of subsidiary bodies shall be governed mutatis
mutandis by the Rules of Procedure of the Commission.

Article XII

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. The contributions of the Members of
the Commission shall initially, be calculated on the basis of the
financial contributions worked out in respect of the Members in
connection with the United Nations Special Fund Desert Locust
Project, subject to such modifications as may be determined by
the Commission as the result of acceptances of the Agreement in
addition to those provided for in Article XX of the Agreement.

2. Contributions by Members may be made partly in cash and partly
in kind, the proportion of each being determined by the
Commission. For budgetary purposes, the cash value of
contributions in kind shall be calculated by such means as the
Commission may decide.

3. The Commission may also accept contributions and donations
from other sources.

4. Contributions shall be payable in currencies to be determined
by the Commission after consultation with each Member and with
the concurrence of the Director-General of the Organization.

5. All contributions and donations received shall be placed in a
Trust Fund administered by the Director-General of the
Organization in conformity with the Financial Regulations of the
Organization.

Article XIII

EXPENSES

1. The expenses of the Commission shall be paid out of its Budget
except those relating to such staff and facilities which can be
made available by the Organization. The expenses to be borne by
the Organization shall be determined and paid within the limits
of an annual budget prepared by the Director-General and approved
by the Conference of the Organization in accordance with the
Constitution, General Rules and the Financial Regulations of the
Organization.

2. Expenses relating to attendance by one delegate of each Member
Government of the Commission at sessions of the Commission or its
subsidiary bodies shall be borne by the Commission. Expenses of
alternates, advisers and observers, shall be borne by their
respective governments or organizations.

3. Expenses of individuals invited in their personal capacity to
attend sessions or participate in the work of the Commission or
its subsidiary bodies shall be borne by such individuals except
when they have been requested to perform a specific task on
behalf of the Commission or its subsidiary bodies.

4. The expenses of the Secretariat shall be borne by the
Organization.

Article XIV

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 in a communication addressed to the Director-General
of the Organization not later than 120 days before the Session of
the Commission at which the proposal is to be considered. The
Director-General shall inform all Members of the Commission of
all proposals for amendment, within 30 days of receipt of such
proposals.

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, 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 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 XV

ACCEPTANCE

l. Acceptance of this Agreement by any Members or Associate
Members 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.

2. Acceptance of this Agreement by non-member Nations of this
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 XVI

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 XVIII-2, the scope of the
territorial application may be modified by a subsequent
declaration.

Article XVII

INTERPRETATION AND SETTLEMENT 0F 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
the basis for renewed consideration by the parties 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 XVIII

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 from the date on which the Agreement entered into
force, whichever is the later, by giving written notice of
withdrawal to the Director-General of the Organization, who 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. The withdrawal shall
become effective one year from the date of receipt of the
notification of withdrawal.

2. A Member of the Commission may give notice of withdrawal with
respect to one or 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.

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 withdrawal shall be
deemed to apply to all the 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.

Article XIX

TERMINATION

1. This Agreement shall be considered terminated if and when the
number of Members of the Commission falls below three, unless the
remaining two Members of the Commission decide to continue, with
the approval of the Conference of the Organization. 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 XX

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 XV of this Agreement

2. The Director-General 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 XXI

AUTHENTIC LANGUAGES

The English, French and Spanish texts of this Agreement shall be
equally authentic.