US embassy cable - 02ROME4755

UNCLAS ROME 004755 
 
SIPDIS 
 
USDA FOR FSIS SCARBROUGH 
STATE FOR IO/EDA SETH WINNICK, EB HANS KLEMM 
 
FROM FODAG 
 
E.O. 12958:  N/A 
TAGS: AORC, EAGR, FAO 
SUBJECT:  EC MEMBERSHIP IN FAO CODEX COMMISSION 
 
REF:  SECSTATE 191031 
 
1.  (SBU) SUMMARY AND ACTION REQUEST. MISOFF SHARED 
REFTEL INSTRUCTIONS CONCERNING EUROPEAN COMMISSION (EC) 
                       UNCLASSIFIED 
 
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MEMBERSHIP IN THE UN FOOD AND AGRICULTURE ORGANIZATION'S 
(FAO) CODEX ALIMENTARIUS COMMISSION WITH CANADIAN DEPUTY 
PERM REP (DPR).  CANADA CURRENTLY REPRESENTS NORTH 
AMERICA ON THE FAO'S COMMITTEE ON CONSTITUTIONAL AND 
LEGAL MATTERS WHERE THIS ISSUE WILL BE DISCUSSED OCTOBER 
2-3, 2002.  CANADIAN DPR STATED THAT HIS OWN INSTRUCTIONS 
WERE DIFFERENT FROM U.S. INSTRUCTIONS AND PROMISED TO 
CONSULT OTTAWA.  WASHINGTON MAY WISH TO DISCUSS THIS AS 
WELL WITH CANADIAN COUNTERPARTS SO THAT U.S. AND CANADIAN 
POSITIONS ARE AS SYNCHRONIZED AS POSSIBLE BEFORE THE 
OPENING OF THE CCLM.   END SUMMARY. 
 
2.  (SBU) MISOFF SHARED INSTRUCTIONS CONCERNING EUROPEAN 
COMMISSION (EC) MEMBERSHIP IN THE UN FOOD AND AGRICULTURE 
ORGANIZATION'S (FAO) CODEX ALIMENTARIUS COMMISSION WITH 
CANADIAN DEPUTY PERM REP (DPR).  CANADA CURRENTLY 
REPRESENTS NORTH AMERICA ON THE FAO'S COMMITTEE ON 
CONSTITUTIONAL AND LEGAL MATTERS WHERE THIS ISSUE WILL BE 
DISCUSSED OCTOBER 2-3, 2002. CANADIAN DPR STATED THAT HIS 
OWN INSTRUCTIONS WERE DIFFERENT FROM U.S. INSTRUCTIONS 
AND PROMISED TO CONSULT OTTAWA IMMEDIATELY (CONTACT IN 
OTTAWA IS CHRIS MORAN, TEL 944-4847). 
 
3.  (SBU) ISSUE ONE:  EC MEMBER STATES DEVELOPING OR 
SUPPORTING THE POSITION OF THE EC WITHIN ITS COMPETENCE: 
CANADA IS PREPARED TO ACCEPT.  PER REFTEL, U.S. WOULD NOT 
SUPPORT, BUT CONSIDER A "SPECIAL PROVISION."  SUCH A 
PROVISION MIGHT ALLOW MEMBER STATE REPRESENTATIVES TO 
SPEAK AS PART OF THE EC DELEGATION WITHIN EXISTING FAO 
RULES, PARTICULARLY IN CLARIFYING COMPLICATED TECHNICAL 
MATTERS. 
                       UNCLASSIFIED 
 
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RECOMMENDATION:  SHOULD BE DISCUSSED WITH OTTAWA TO COME 
TO COMMON POSITION ALONG THE LINES OF U.S. POSITION. 
U.S. POSITION RESPECTS PRINCIPLE OF "NO ADDITIONALITY" 
WHICH IS THE BASIS OF CURRENT FAO PRACTICE AS REGARDS THE 
EC. 
 
4.  (SBU) ISSUE TWO:  EC PRESENCE DURING VOTE:  CANADA IS 
PREPARED TO ACCEPT EC MEMBER ABSENCE FROM ROOM DURING EC 
VOTE. 
 
RECOMMENDATION:  CCLM PAPER PREPARED BY FAO LEGAL OFFICE 
RECOMMENDS THAT THIS ISSUE BE DECIDED IN THE CODEX 
COMMISSION ITSELF; U.S. SUPPORTS THIS ADVICE. IN 
DISCUSSION WITH CANADIAN DPR, CANADA APPEARS WILLING TO 
ACCEPT DEFERRING A DECISION ON THIS TO THE COMMISSION. 
THIS NEEDS TO BE CONFIRMED WITH OTTAWA. 
 
5.  (SBU) ISSUE THREE:  EC PARTICIPATION IN THE CODEX 
EXECUTIVE COMMITTEE.  CANADA IS PREPARED TO SUPPORT 
ALLOWING EC TO PARTICIPATE IN THE COMMITTEE CONSISTENT 
WITH CURRENT FAO PRACTICE.  U.S. PROPOSAL WOULD REQUIRE 
THAT THE EC REP BE RECOGNIZED TO SPEAK AS A MEMBER OF 
WHATEVER EU DELEGATION WAS A MEMBER OF THE EXECUTIVE 
COMMITTEE. 
 
RECOMMENDATION:  THE FAO PROPOSAL IS IN LINE WITH CURRENT 
PRACTICE AT THE FAO, WHERE THE EC PARTICIPATES IN THE FAO 
COUNCIL AND IN OTHER LIMITED MEMBERSHIP BODIES SUCH AS 
FAO DRAFTING COMMITTEES.  IN THESE INSTANCES THE EC IS 
NOT CONSIDERED AN "ELECTED MEMBER" AND IS NOT ELIGIBLE TO 
                       UNCLASSIFIED 
 
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SERVE ON BUREAU POSITIONS; IT IS, HOWEVER, RECOGNIZED AS 
THE EC AND GIVEN THE FLOOR ON ITEMS WHERE IT HAS DECLARED 
COMPETENCE.  IN THESE SITUATIONS THE MEMBER STATE WHICH 
IS ALSO A MEMBER OF THE LIMITED MEMBERSQ BODY DOES NOT 
SPEAK ON THE SAME ISSUE.  THE CCLM IS LIKELY TO CONCLUDE 
THAT THE U.S. PROPOSAL IS A DEVIATION FROM THE CURRENT 
FAO PRACTICE.  IN DISCUSSING WITH CANADIANS, THE U.S. 
MIGHT SUGGEST THAT A STALEMATE AT THE CCLM IS A PREFERRED 
OUTCOME (WITH THE ISSUE BEING SENT BACK TO THE CODEX 
COMMISSION FOR DISCUSSION AND/OR DECISION.) 
 
6.  (SBU) COMMENT:  WE RECOGNIZE THAT THE ACTIONS OF THE 
CODEX COMMISSION, AS A STANDARD SETTING BODY RECOGNIZED 
BY THE WORLDQADE ORGANIZATION, ARE OF A HIGHER LEVEL OF 
IMPORTANCE THAN MOST OF THE DECISIONS TAKEN BY THE FAO 
GOVERNING BODIES.  NONETHELESS, FODAG'S EXPERIENCE ON THE 
GROUND IS THAT THE CURRENT FAO PRACTICE RESPECTS THE 
PRINCIPLE OF "NO ADDITIONALITY" AND THAT EU MEMBER STATES 
THEMSELVES ARE AN EFFECTIVE WATCHDOG IN ENSURING THAT THE 
EC DOES NOT STRAY BEYOND ITS AREA OF COMPETENCE.  HALL 
 
                       UNCLASSIFIED 
 
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 2002ROME04755 - Classification: UNCLASSIFIED