B. GENERAL RULES OF THE ORGANIZATION (b)

Rule XXXVI: Appointment of the Director-General

Rule XXXVII: Functions of the Director-General

Rule XXXVIII: Consultation by the Director-General with governments under Article XIII, paragraph 4 of the Constitution

Rule XXXIX: Provisions relating to staff

Rule XL: General

Rule XLI: Competence

Rule XLII: Arrangements for the Conference

Rule XLIII: Arrangements for the Council

Rule XLIV: Quorum and voting arrangements at meetings of the Conference and Council

Rule XLV: Arrangements regarding committees of restricted membership

Rule XLVI: Seat of the Organization

Rule XLVII: Languages

Rule XLVIII: Suspension and amendment of Rules

C. THE DIRECTOR-GENERAL AND STAFF

Rule XXXVI
Appointment of the Director-General

1. In pursuance of paragraph 1 of Article VII of the Constitution, the Director-General of the Organization shall be appointed under the following conditions:

1. When the term of office of the Director-General is due to expire, the appointment of a new Director-General shall be placed on the agenda of the regular session of the Conference immediately preceding the expiry of the term of office; whenever, for other reasons, the office of the Director-General is vacant, or notice is received of a pending vacancy, the appointment of a new Director-General shall be placed on the agenda of the next session of the Conference which opens not less than 90 days from the occurrence or notice of the pending vacancy. Nominations validly made in accordance with Rule XII.5 of these Rules shall be communicated to the Secretary-General of the Conference and Council by the date set by the Council. The Secretary-General shall circulate these nominations to all Member Nations and Associate Members by the date likewise set by the Council, it being understood that in the case of an election taking place at a regular session of the Conference, such date set by the Council shall be not later than 30 days before the session of the Council provided for in Rule XXV.2 (c) of these Rules. As soon as possible after the opening of the Conference session, the General Committee shall determine and announce the date of the election, it being understood that the appointment of the Director-General at a regular session shall begin and be effected within three working days following the opening date of such session.
2. The Director-General shall be elected by a majority of votes cast. Until a candidate obtains the required majority, the following procedure shall apply:
1. two ballots shall be held among all candidates;
2. the candidate having received the smallest number of votes in the second ballot shall be eliminated;
3. thereafter, successive ballots shall be held, and the candidate having received the smallest number of votes in any one of these ballots shall be eliminated, until only three candidates remain;
4. two ballots shall be held among the three remaining can didates;
5. the candidate having received the smallest number of votes during the second ballot referred to in subparagraph
6. above shall be eliminated;
7. a subsequent ballot, or successive ballots if necessary, shall be held among the two remaining candidates until one candidate obtains the required ajority;
8. in the event of a tie between two or more candidates having received the smallest number of votes in one of the ballots referred to in subparagraphs (ii) or (iii) above, a separate ballot or, if necessary, separate ballots shall be held among such candidates, and the candidate having received the smallest number of votes in such ballot or ballots shall be eliminated;
9. in the event of a tie between two candidates having received the smallest number of votes in the second of the two ballots referred to in subparagraph (iv) above, or if all three candidates have received the same number of votes in that ballot, successive ballots shall be held among all three candidates until one candidate has received the smallest number of votes, after which the procedure provided in subparagraph (vi) above shall apply.
3. Subject to the provisions of Article VII, paragraphs 1 to 3 of the Constitution, the terms and conditions of appointment of the Director-General, including the salary and other emoluments attached to the office, shall be determined by the Conference, having regard to any recommendations submitted by the General Committee, and shall be embodied in a contract signed by him and by the Chairman of the Conference on behalf of the Organization.

2. The Deputy Director-General shall act as Director-General in any case where the Director-General is unable to act or in the case of a vacancy in the office of the Director-General.

Rule XXXVII
Functions of the Director-General

1. The Director-General shall have full powers and authority to direct the work of the Organization, subject to the general supervision of the Conference and of the Council and in accordance with these Rules and the Financial Regulations. The Director-General is the executive officer of the Organization, and as such shall service the Conference and Council, carry out their decisions, and act on behalf of the Organization in all its transactions.

2. In particular, the Director-General shall, in accordance with these Rules and the Financial Regulations, and provided that he reports to the Council or Conference as appropriate on all matters involving policy issues:

1. be responsible for the internal administration of the Organization and for the appointment and discipline of the staff;
2. convene the sessions of the Conference and Council;
3. publish annually and communicate to Member Nations and Associate Members a detailed world survey of the state of food and agriculture;
4. present a report on the work of the Organization at each regular session of the Conference;
5. carry out the duties with regard to conventions and agreements laid down in these Rules;
6. receive applications for admission to the Organization;
7. prepare:
1. in the light of guidance given by the Conference and Council at previous sessions and by regional and technical conferences, commissions or committees, a summary Programme of Work and Budget for consideration by the Programme and Finance Committees, other appropriate organs of the Organization, and the Council; and
2. in the light of the observations by the aforementioned Committees and organs and by the Council, a draft Programme of Work and Budget for submission to the Conference;
8. prepare and submit the accounts of the Organization;
9. prepare a report on the state of food and agriculture for submission to the regular session of the Conference as provided in Rule II.2 (c) (i);
10. request and receive payments of contributions of Member Nations and Associate Members and report thereon;
11. conduct the relations of the Organization with other international organizations, and provide liaison with intergovernmental commodity bodies and with United Nations agencies;
12. perform such other duties as are provided for in these Rules and the Financial Regulations, or any other rules and regulations from time to time in force.

3. Pursuant to Article VI of the Constitution, the Director-General may:

1. establish:
1. panels of experts;
2. committees or working parties when he is satisfied that urgent action is required;
2. convene:
1. commissions, committees, working parties or meetings of members of panels;
2. general, regional, technical or other conferences, or working parties or consultations of Member Nations and Associate Members, on the authority of the Conference or Council, or on his own initiative, when he is satisfied that urgent action is required.

4. When determining the site of any meeting to be convened by the Organization, the Director-General should be satisfied that the host government is willing to grant to all delegates, representatives, experts, observers and members of the Secretariat of the Organization attending such a meeting the immunities that are necessary for the independent exercise of their functions in connection with the meeting.

Rule XXXVIII
Consultation by the Director-General with Governments under Article XIII, Paragraph 4 of the Constitution

1. In order to secure proper consultation with governments under Article XIII, paragraph 4 of the Constitution, the procedure, in general, shall be that the Director-General shall not establish formal or official relations with nationals or national institutions without consulting in advance the Member Nation or Associate Member concerned.

2. When a Member Nation or Associate Member has established a National FAO Committee, the Committee may, with the specific concurrence of the interested government, be utilized as a suitable instrument for coordinating the participation of the said Member Nation or Associate Member in the activities of the Organization, under such conditions as the government may have determined.

Rule XXXIX
Provisions Relating to Staff

1. The staff of the Organization shall be appointed by the Director- General, having regard to paragraph 3 of Article VIII of the Constitution. Selection and remuneration shall be made without regard to race, nationality, creed or sex. The terms and conditions of appointment shall be fixed in contracts concluded between the Director-General and each member of the staff. Appointment to the post of Deputy Director-General shall be made by the Director- General, subject to confirmation by the Council.

2. The Director-General shall submit proposals to the Finance Committee on the scale of salaries and conditions of recruitment and service of the staff and shall report to the Finance Committee and the Council any decisions or recommendations of the International Civil Service Commission relating to such matters. He shall submit proposals to the Finance Committee on the general structure of the administrative and technical services of the Organization. He shall, insofar as may be feasible, arrange for public announcements of staff vacancies and shall fill vacancies in accordance with such competitive methods of selection as he may consider most suitable for various types of appointment.

3. The Director-General, with the approval of the Council, shall promulgate such general staff regulations as may be necessary, including the requirement of a declaration of loyalty to the Organization. The Director- General shall have authority to promulgate Staff Regulations to give effect to decisions of the International Civil Service Commission, as well as to give effect to recommendations of the International Civil Service Commission which have been approved by the General Assembly of the United Nations with regard to the salaries and allowances of the staff in the professional and higher categories. He shall report the promulgation of such Staff Regulations to the Finance Committee and the Council.

4. Except as provided in paragraph 1 of this Rule, the Director-General shall act in his unfettered judgement in appointing, assigning and promoting staff personnel, and shall not be bound to accept advice or request from any other source.

5. The Director-General shall have disciplinary control over the members of the staff, including the power of dismissal, except that in the case of the Deputy Director-General the approval of the Council must be obtained for dismissal.

6. The Director-General shall arrange for consultation between the Organization and the United Nations with regard to the establishment of common machinery for the settlement of matters of dispute between the employees and the Organization which have not been settled by internal conciliation.

D. MEMBER ORGANIZATIONS

Rule XL
General

The provisions of the General Rules of the Organization applicable to Member Nations shall apply mutatis mutandis to Member Organizations, except as may be otherwise provided in the Constitution or in these General Rules.

Rule XLI
Competence

1. Any Member Nation of the Organization may request a Member Organization or its Member States to provide information as to which, as between the Member Organization and its Member States, has competence in respect of any specific question. The Member Organization or the Member States concerned shall provide this information on such request.

2. Before any meeting of the Organization the Member Organization or its Member States shall indicate which, as between the Member Organization and its Member States, has competence in respect of any specific question to be considered in the meeting and which, as between the Member Organization and its Member States, shall exercise the right to vote in respect of each particular agenda item.

3. In cases where an agenda item covers both matters in respect of which competence has been transferred to the Member Organization and matters which lie within the competence of its Member States, both the Member Organization and its Member States may participate in the discussions. In such cases the meeting, in arriving at its decisions, shall take into account only the intervention of the party which has the right to vote.

Rule XLII
Arrangements for the Conference

1. The credentials of delegates, alternates, associates and advisers of a Member Organization to sessions of the Conference shall be issued by, or on behalf of, the head of the executive body of the Member Organization concerned.

2. Member Organizations shall not participate in the Credentials Committee or the General Committee or any other body of the Conference dealing with the internal working of the Conference as the Conference may decide.

3. Member Organizations shall not hold office in the Conference or any subsidiary body of the Conference.

Rule XLIII
Arrangements for the Council

Member Organizations shall not hold office in the Council or any subsidiary body of the Council.

Rule XLIV
Quorum and Voting Arrangements at Meetings of the Conference and Council

1. For the purpose of determining a quorum, as specified in paragraph 2 (b) of Rule XII, the delegation of a Member Organization shall be counted to the extent that it is entitled to vote in the meeting in respect of which the quorum is sought.

2. Member Organizations shall not participate in voting for elective places as defined in paragraph 9 (a) of Rule XII.

Rule XLV
Arrangements Regarding Committees of Restricted Membership

Member Organizations shall not participate in the Programme Committee, the Finance Committee and the Committee on Constitutional and Legal Matters.

E. MISCELLANEOUS PROVISIONS

Rule XLVI
Seat of the Organization

The seat of the Organization shall be in Rome, Italy.

Rule XLVII
Languages

Arabic, Chinese, English, French, Russian and Spanish are the languages of the Organization.

Rule XLVIII
Suspension and Amendment of Rules

1. Subject to the provisions of the Constitution, any of the foregoing Rules may be suspended by a two-thirds majority of the votes cast at any plenary meeting of the Conference, provided that notice of the intention to propose the suspension has been communicated to the delegates not less than 24 hours before the meeting at which the proposal is to be made.

2. Amendments of, or additions to, these Rules may be adopted by a two-thirds majority of the votes cast at any plenary meeting of the Conference, provided that the intention to propose the amendment or addition has been communicated to the delegates not less than 24 hours before the meeting at which the proposal is to be considered, and provided further that the Conference has received and considered a report on the proposal by an appropriate committee.

3. The Council may propose amendments and additions to these Rules and any such proposals may be considered at the next session of the Conference.