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«PREAMBLE The Contracting Parties Recognizing the urgent need to prevent the damage that the desert locust can cause to overall agro-sylvopastoral ...»

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AGREEMENT FOR THE ESTABLISHMENT OF A COMMISSION

FOR CONTROLLING THE DESERT LOCUST IN THE WESTERN REGION

PREAMBLE

The Contracting Parties

Recognizing the urgent need to prevent the damage that the desert locust can cause to overall agro-sylvopastoral production in many countries of West and North-West Africa;

Bearing in mind the socio-economic upheaval that can result from damage caused by the desert locust and the serious environmental harm that can be caused by operations to control this pest;

Considering the need to ensure very close collaboration for desert locust control in the western region, and between this region and the other invasion areas, in view of the extensive migratory range of the pest;

Taking note of the outstanding action conducted for many years by the Organisation commune de lutte antiacridienne et antiaviaire ('Joint Anti-Locust and Anti-Aviarian Organization') and, within the framework of FAO, by the Commission for Controlling the Desert Locust in North-West Africa (CCDLNWA);

Agree as follows:

ARTICLE I

Establishment of the Commission The Contracting Parties hereby establish, within the framework of the Food and Agriculture Organization of the United Nations (hereinafter referred to as "the Organization" or "FAO") and under Article XIV of the FAO Constitution, a commission to be known as the "Desert Locust Control Commission for the Western Region" (hereinafter referred to as "the Commission" or the "DLCCWR").

ARTICLE II

Purpose of the Commission The purpose of the Commission is to promote, at national, regional and international level, action, research and training to ensure the preventive control of and appropriate response to the invasions of the desert locust in the western region of its distribution area, encompassing West Africa and North-West Africa.

ARTICLE III

Definition of the Region For the purposes of this Agreement, the western region of the invasion area of the desert locust (hereinafter "the Region") comprises Algeria, Chad, Libya, Mali, Morocco, Mauritania, Niger, Senegal and Tunisia, countries in which gregarization areas exist or that are directly affected by all early upsurges.

ARTICLE IV

Seat of the Commission

1. The Commission shall decide the location of its seat. The agreement on the seat concluded between the Director-General of FAO and the government concerned shall be submitted to the Commission for approval.

2. In agreement with the Commission for Controlling the Desert Locust in North-West Africa and the Government of Algeria, the Commission shall benefit from the expertise and, as appropriate, the property and assets of the CCDLNWA.

–  –  –

1. The Members of the Commission shall be those Member Nations of the Organization that constitute the Region defined under Article III that accept this Agreement in accordance with the provisions of Article XVII below.

2. The Commission may, by a two-thirds majority of its Members, admit to membership such other Member Nation of the Organization or such other State belonging to the United Nations, to one of its Specialized Agencies or to the International Atomic Energy Agency that has submitted an application to this effect together with an instrument declaring acceptance of the Agreement as in force at the time of admission.

–  –  –

1. Each Member Nation of the Commission undertakes to implement the preventive control strategy and to deal with plagues of the desert locust within its territory and thus to avoid or reduce agro-sylvo-pastoral damage to itself and to the other Nations in the invasion area, by adopting all necessary measures and

enacting the following provisions:

(a) participating in the implementation of any common policy of desert locust prevention and control previously approved by the Commission;

(b) establishing a national body charged with the permanent monitoring and control of the desert locust and given maximum autonomy;

(c) formulating, regularly updating and implementing, with its own resources or with the support of the Commission, contingency action plans corresponding to the different foreseeable locust situations, and making these available to the Commission and to any government concerned;

(d) facilitating the free movement of desert locust monitoring and control teams of the other Member Nations within its own borders, in support of its own units and in accordance with procedures to be determined by the Commission;

(e) procuring and maintaining intervention equipment and supplies for implementation of the plans of action envisaged in sub-paragraph (c);

(f) facilitating the storage of all equipment and supplies for desert locust control belonging to the Commission and authorizing their duty-free import or export, and their free movement within the country;

(g) encouraging and supporting, within the limits of available national resources, the activities advocated by the Commission with regard to training, survey and research, including the maintenance of national or regional stations for the study of the desert locust; stations that, in agreement with the Commission, shall be accessible to regional and international research teams.





2. Each Member Nation of the Commission undertakes to provide the other Members of the Commission and its Secretary and FAO, using standard procedures and the quickest channels, all information on the locust situation and on the progress of surveys and control operations on its respective territory.

3. The Member Nations undertake to provide the Commission with periodic reports on the measures they have taken to fulfil the obligations laid down in paragraphs 1 and 2, and to provide the Commission with any information that it may request for the satisfactory performance of its functions.

–  –  –

The functions of the Commission shall be as follows:

1. Joint Action and Assistance

The Commission shall:

(a) promote, in any manner that it considers appropriate, any national, regional or international action relating to the survey and control of the desert locust and to research activities to be conducted in the Region;

(b) organize and promote joint action for the survey and control of the desert locust in the Region whenever this is deemed necessary and, to this end, arrange for the necessary resources to be made available;

(c) determine, in consultation with the Members concerned, the nature and extent of the assistance they need to implement their national programmes and to support the regional programmes; more specifically, the Commission will help the Nations to formulate and implement contingency action plans;

(d) assist, at the request of any Member facing a desert locust situation beyond the capacity of its control and survey services, in any measure jointly decided to be necessary;

(e) maintain at strategic points determined by the Commission, in consultation with the Members concerned, reserves of equipment and supplies for desert locust control, to be used in cases of emergency and to serve in particular to supplement the resources of any Member.

2. Information and coordination

The Commission shall:

(a) communicate regularly to all the Member Nations updated information on the development of locust situations, research conducted, results obtained and programmes implemented at national, regional and international level in connection with desert locust control. The Commission shall take special care to ensure that an effective communication network is established among the Member Nations, and with the International Desert Locust Information Service at FAO, in Rome, so that all parties may promptly receive any information requested;

(b) support national locust research institutions and coordinate and develop research programmes in the Region;

(c) encourage and coordinate joint survey programmes in the Region.

3. Cooperation

The Commission may:

(a) enter into arrangements or agreements with Nations that are not Members of the Commission, with national institutions and with regional or international organizations that are directly concerned for common action in connection with the survey, research and control of locusts in the Region;

(b) enter into or encourage arrangements, through the Director-General of the Organization, with other Specialized Agencies of the United Nations system for common action on the study of locusts and desert locust control and for the mutual exchange of locust-related information.

4. Functioning

The Commission shall:

(a) adopt its own Rules of Procedure and Financial Regulations, in accordance with the provisions of Article VIII(3) and (7), and any other standing regulations it considers necessary for the performance of its functions;

(b) examine and approve the report of the Executive Committee on the activities of the Commission and adopt its programme of work and its autonomous budget, and the accounts of the previous financial period;

(c) forward to the Director-General of the Organization (hereinafter "the Director-General") reports on its activities, programme, accounts and autonomous budget, and on any matter likely to require action on the part of the Council or Conference of FAO;

(d) create any working groups it considers necessary for implementation of this Agreement.

–  –  –

1. Each Member shall be represented at the sessions of the Commission by a single delegate, who may be accompanied by an alternate, experts and advisers. The alternates, experts and advisers may take part in the proceedings of the Commission but may only vote if duly authorized by the delegate.

2. Each Member of the Commission shall have one vote. The decisions of the Commission shall be taken by a majority of the votes cast, except as otherwise provided for in this Agreement. A majority of the Members of the Commission shall constitute a quorum.

3. The Commission may, by a two-thirds majority of its Members, adopt and amend its own Rules of Procedure, which shall be consistent with this Agreement and with the FAO Constitution. The Rules of Procedure and any amendment thereto shall come into force upon their adoption by the Commission.

4. In accordance with the provisions of Article XIV (6) of this Agreement, any Member with arrears in the payment of its financial contributions to the Commission equal to or exceeding the amount of the contributions due from it for the two preceding financial years shall lose its right to vote.

5. The Commission shall elect, at the beginning of each regular session, a Chairperson and a ViceChairperson from amongst the delegates. The Chairperson and the Vice-Chairperson shall hold office until the beginning of the next regular session, and shall be eligible for re-election.

6. The Chairperson shall convene a regular session of the Commission every two years. Special sessions of the Commission may be convened by the Chairperson if so requested by the Commission in regular session, by the Executive Committee or by at least one third of the Members during intervals between two regular sessions.

7. The Commission may adopt and amend, by a two-thirds majority vote, its Financial Regulations which shall be consistent with the principles laid down in the Financial Regulations of FAO. The Financial Regulations and amendments thereto shall be communicated to the Finance Committee of the Organization which shall have the power to disallow them on the grounds of incompatibility with the principles set out in the Financial Regulations of FAO.

8. The Director-General, or a representative designated by the Director-General, shall participate, without the right to vote, in all meetings of the Commission and the Executive Committee.

9. The Commission may invite consultants and experts to participate in its proceedings.

–  –  –

When the situations referred to in Article VII(1)(d) and (e) require that urgent measures be taken during the interval between two sessions of the Commission, the Chairperson, upon the proposal of the Secretary, shall take the necessary measures, after consultation with the Members of the Commission by mail or any other rapid means of communication for a vote by correspondence.

–  –  –

1. The Member Nations and the Associate Members of the Organization that are not members of the Commission may, upon their request, be invited to be represented by an observer at the sessions of the Commission. The observer may present memoranda and participate, without the right to vote, in the proceedings of the Commission.

2. Nations which, without being Members of the Commission or Members or Associate Members of the Organization, are Members of the United Nations, of any of its Specialized Agencies or of the International Atomic Energy Agency may be invited to attend sessions of the Commission as observers, upon their 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.

3. The Commission may invite intergovernmental organizations and, at their request, non-governmental organizations with specific expertise in its area of activity to attend its sessions.

–  –  –

1. An Executive Committee shall be established comprising locust experts of five of the Member Nations of the Commission elected by the Commission according to modalities that it shall determine. The Executive Committee shall elect its Chairperson and its Vice-Chairperson from amongst its members. The Chairperson and the Vice-Chairperson shall hold office until the beginning of the regular session of the Committee subsequent to that during which they were elected. They shall be eligible for re-election.



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