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Pre.1 |
Preamble |
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Pre.2 |
The Nations accepting this Constitution, being determined to promote the common welfare by furthering separate and collective action on their part for the purpose of: raising levels of nutrition and standards of living of the peoples under their respective jurisdictions; |
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Pre.3 |
securing improvements in the efficiency of the production and distribution of all food and agricultural products; |
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Pre.4 |
bettering the condition of rural populations; |
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Pre.5 |
and thus contributing towards an expanding world economy and ensuring humanity's freedom from hunger; |
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Pre.6 |
hereby establish the Food and Agriculture Organization of the United Nations, hereinafter referred to as the "Organization" through which the Members will report to one another on the measures taken and the progress achieved in the field of action set forth above. |
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Art.2 |
Article II Membership and Associate Membership |
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Art.2.1 |
1. The original Member Nations of the Organization shall be such of the nations specified in Annex I as accept this Constitution, in accordance with the provisions of Article XXI. |
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Art.2.2 |
2. The Conference may by a two-thirds majority of the votes cast, provided that a majority of the Member Nations of the Organization is present, decide to admit as an additional Member of the Organization any nation which has submitted an application for membership and a declaration made in a formal instrument that it will accept the obligations of the Constitution as in force at the time of admission. |
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Art.2.3 |
3. The Conference may by a two-thirds majority of the votes cast, provided that a majority of the Member Nations of the Organization is present, decide to admit as a Member of the Organization any regional economic integration organization meeting the criteria set out in paragraph 4 of this Article, which has submitted an application for membership and a declaration made in a formal instrument that it will accept the obligations of the Constitution as in force at the time of admission. Subject to paragraph 8 of this Article, references to Member Nations under this Constitution shall include Member Organizations, except as otherwise expressly provided. |
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Art.2.4 |
4. To be eligible to apply for membership of the Organization under paragraph 3 of this Article, a regional economic integration organization must be one constituted by sovereign States, a majority of which are Member Nations of the Organization, and to which its Member States have transferred competence over a range of matters within the purview of the Organization, including the authority to make decisions binding on its Member States in respect of those matters. |
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Art.2.5 |
5. Each regional economic integration organization applying for membership in the Organization shall, at the time of such application, submit a declaration of competence specifying the matters in respect of which competence has been transferred to it by its Member States. |
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Art.2.6 |
6. Member States of a Member Organization shall be presumed to retain competence over all matters in respect of which transfers of competence have not been specifically declared or notified to the Organization. |
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Art.2.7 |
7. Any change regarding the distribution of competence between the Member Organization and its Member States shall be notified by the Member Organization or its Member States to the Director-General, who shall circulate such information to the other Member Nations of the Organization. |
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Art.2.8 |
8. A Member Organization shall exercise membership rights on an alternative basis with its Member States that are Member Nations of the Organization in the areas of their respective competences and in accordance with rules set down by the Conference. |
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Art.2.9 |
9. Except as otherwise provided in this Article, a Member Organization shall have the right to participate in matters within its competence in any meeting of the Organization, including any meeting of the Council or other body, other than bodies of restricted membership referred to below, in which any of its Member States are entitled to participate. A Member Organization shall not be eligible for election or designation to any such body, nor shall it be eligible for election or designation to any body established jointly with other organizations. A Member Organization shall not have the right to participate in bodies of restricted membership specified in the rules adopted by the Conference. |
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Art.2.10 |
10. Except as otherwise provided in this Constitution or in rules set down by the Conference, and Article III paragraph 4 notwithstanding, a Member Organization may exercise on matters within its competence, in any meeting of the Organization in which it is entitled to participate, a number of votes equal to the number of its Member States which are entitled to vote in such meeting. Whenever a Member Organization exercises its right to vote, its Member States shall not exercise theirs, and conversely. |
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Art.2.11 |
11. The Conference may, under the same conditions regarding the required majority and quorum as prescribed in paragraph 2 above, decide to admit as an Associate Member of the Organization any territory or group of territories which is not responsible for the conduct of its international relations upon application made on its behalf by the Member Nation or authority having responsibility for its international relations, provided that such Member Nation or authority has submitted a declaration made in a formal instrument that it will accept on behalf of the proposed Associate Member the obligations of the Constitution as in force at the time of admission, and that it will assume responsibility for ensuring the observance of the provisions of paragraph 4 of Article VIII, paragraphs 1 and 2 of Article XVI, and paragraphs 2 and 3 of Article XVIII of this Constitution with regard to the Associate Member. |
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Art.2.12 |
12. The nature and extent of the rights and obligations of Associate Members are defined in the relevant provision of this Constitution and the rules and regulations of the Organization. |
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Art.2.13 |
13. Membership and Associate Membership shall become effective on the date on which the Conference approved the application. |
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Art.3 |
Article III The Conference |
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Art.3.1 |
1. There shall be a Conference of the Organization in which each Member Nation and Associate Member shall be represented by one delegate. Associate Members shall have the right to participate in the deliberations of the Conference but shall not hold office or have the right to vote. |
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Art.3.2 |
2. Each Member Nation and Associate Member may appoint alternates, associates and advisers to its delegate. The Conference may determine the conditions for the participation of alternates, associates and advisers in its proceedings, but any such participation shall be without the right to vote, except in the case of an alternate, associate, or adviser participating in the place of a delegate. |
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Art.3.3 |
3. No delegate may represent more than one Member Nation or Associate Member. |
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Art.3.4 |
4. Each Member Nation shall have only one vote. A Member Nation which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the Conference if the amount of its arrears equals or exceeds the amount of the contributions due from it for the two preceding calendar years. The Conference may, nevertheless, permit such a Member Nation to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member Nation. |
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Art.3.5 |
5. The Conference may invite any international organization which has responsibilities related to those of the Organization to be represented at its meetings on the conditions prescribed by the Conference. No representative of such an organization shall have the right to vote. |
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Art.3.6 |
6. The Conference shall meet once in every two years in regular session. It may meet in special session: if at any regular session the Conference decides, by a majority of the votes cast, to meet in the following year; if the Council so instructs the Director-General, or if at least one-third of the Member Nations so request. |
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Art.3.7 |
7. The Conference shall elect its own officers. |
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Art.3.8 |
8. Except as otherwise expressly provided in this Constitution or by rules made by the Conference, all decisions of the Conference shall be taken by a majority of the votes cast. |
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Art.9 |
Article IX Seat |
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Art.9.1x |
The seat of the Organization shall be determined by the Conference. |
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Art.10 |
Article X Regional and Liaison Offices |
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Art.10.1 |
1. There shall be such regional offices and subregional offices as the Director-General, with the approval of the Conference, may decide. |
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Art.10.2 |
2. The Director-General may appoint officials for liaison with particular countries or areas, subject to agreement of the government concerned. |
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Art.12 |
Article XII Relations with the United Nations |
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Art.12.1 |
1. The Organization shall maintain relations with the United Nations as a specialized agency within the meaning of Article 57 of the Charter of the United Nations.1 |
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Art.12.2 |
2. Agreements defining the relations between the Organization and the United Nations shall be subject to the approval of the Conference. |
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Art.13 |
Article XIII Cooperation with Organizations and Persons |
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Art.13.1 |
1. In order to provide for close cooperation between the Organization and other international organizations with related responsibilities, the Conference may enter into agreements with the competent authorities of such organizations, defining the distribution of responsibilities and methods of cooperation. |
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Art.13.2 |
2. The Director-General may, subject to any decision of the Conference, enter into agreements with other intergovernmental organizations for the maintenance of common services, for common arrangements in regard to recruitment, training, conditions of service and other related matters, and for interchanges of staff. |
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Art.13.3 |
3. The Conference may approve arrangements placing other international organizations dealing with questions relating to food and agriculture under the general authority of the Organization on such terms as may be agreed with the competent authorities of the organization concerned. |
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Art.13.4 |
4. The Conference shall make rules laying down the procedure to be followed to secure proper consultation with governments in regard to relations between the Organization and national institutions or private persons. |
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Art.16 |
Article XVI Legal Status |
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Art.16.1 |
1. The Organization shall have the capacity of a legal person to perform any legal act appropriate to its purpose which is not beyond the powers granted to it by this Constitution. |
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Art.16.2 |
2. Each Member Nation and Associate Member undertakes, insofar as it may be possible under its constitutional procedure, to accord to the Organization all the immunities and facilities which it accords to diplomatic missions, including inviolability of premises and archives, immunity from suit and exemptions from taxation. |
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Art.16.3 |
3. The Conference shall make provision for the determination by an administrative tribunal of disputes relating to the conditions and terms of appointment of members of the staff. |
