Agreement for the Establishment of a Commission for Controlling the Desert Locust in the Near East

Agreement for the Establishment of a Commission for Controlling the Desert Locust in the Near East in United States

Agreement for the Establishment of a Commission for Controlling the Desert Locust in the Near East

Rome, 2 July 1965

as amended by the Commission at its Seventh Session (18-22
October 1976) and approved by the FAO Council at its
Seventy-Second Session (8-10 November 1977)

PREAMBLE

The Contracting Governments, having regard to the urgent
necessity of preventing losses to agriculture in certain
countries in the Near East 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 Near East”, whose object
shall be to promote national and international research and
action with respect to the control of the Desert Locust in the
Near East. The Near East (hereinafter referred to as “the
Region”) is defined for the purpose of this Agreement, as
consisting of the territories of Iraq, Jordan, Kuwait, Lebanon,
Saudi Arabia, Sudan, Syrian Arab Republic, Turkey, United Arab
Republic and Yemen and of other territories in the Arabian
Peninsula situated south of the latitude 27 degrees north.

Article I

MEMBERSHIP

1. The Members of the Commission for Controlling the Desert
Locust in the Near East (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
provision 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

OBLIGATIONS 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.

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 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;

d) participating in the implementation of any common policy of
locust prevention which may be approved by the Commission.

e) facilitating the storage of any items of anti-locust 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;

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 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 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:

1. 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 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 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 of the Commission, 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 sessions 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 Members of the Commission may, upon their request, be
represented by an observer at sessions of the Commission.

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 in an 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 five Members
of the Commission, elected by the Commission at each of its
regular sessions. Members of the Executive Committee shall be
eligible for re-election. The representative of each Member of
the Executive Committee should preferably be a Locust Specialist.
The Chairman of the Executive Committee shall be elected by the
Commission from amongst the representatives of Members of the
Committee. He shall hold office until the next regular session of
the Commission 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 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 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

The Commission may, by a two-thirds majority of its membership,
adopt and amend its own Rule of Procedure which shall be
consistent with the General Rules of the Organization. The Rules
of Procedure of the Commission and any amendments 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 Commission 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 a
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 which may 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 incurred by delegates of Members of the Commission
and of their alternates 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
Executive Committee 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 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 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.

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 1 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 XY

TERRITORIAL APPLICATION

The Members of the Commission shall, when accepting this
Agreement, state explicity 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
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 XVII

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 both the Chairman of the Commission and the
Director-General of the Organization. The Director-General 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.

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 wirthdrawal 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 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 XVIII

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 assests of the Commission
shall be liquidated by the Director-General of the Organization
and after settlement of the liabilites 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 assests.

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 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 Agreeement comes
into force.

Article XX

AUTHENTIC LANGUAGES

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


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