US embassy cable - 03ROME2269

UNCLAS ROME 002269 
 
SIPDIS 
 
 
STATE FOR OES/ENV HAROLD FOSTER, RICK DRISCOLL 
EB FOR HANS KLEMM; IO/EDA FOR WINNICK AND KOTOK 
GENEVA FOR HOHMAN 
NAIROBI FOR UNEP 
USDA/FAS FOR BOBBY RICHEY 
 
SENSITIVE 
 
FROM FODAG 

E.O. 12958:  N/A 
TAGS: AORC, EAID, EAGR, ETRD, TBIO, SENV, WFP, WHO 
SUBJECT: WHO LETTER ON GMO'S: CARTAGENA PROTOCOL 
CONFUSION 
 
 
1.  (SBU) SUMMARY: AN EXCHANGE OF LETTERS BETWEEN WORLD 
FOOD PROGRAM (WFP) EXECUTIVE DIRECTOR AND THE WORLD 
HEALTH ORGANIZATION (WHO) DIRECTOR GENERAL REVEALED THAT 
THE WHO DIRECTOR GENERAL IS MISINFORMED CONCERNING THE 
ADVANCE INFORMED AGREEMENT PROVISION OF THE CARTAGENA 
PROTOCOL.  IN URGING WFP TO "OPERATE IN THE SPIRIT OF THE 
PROTOCOL" AND "INFORM IMPORTING COUNTRIES OF THE NATURE 
OF CONSIGNMENTS," DIRECTOR GENERAL BRUNTLAND IS ECHOING 
EUROPEAN COMMENTS MADE AT THE LAST WFP BOARD MEETING ON 
THIS SUBJECT.  END SUMMARY. 
 
2.  (SBU) MISSION HAS BEEN INFO'ED (PLEASE PROTECT) ON A 
LETTER FROM WHO DIRECTOR GENERAL (DG) BRUNTLAND TO WFP 
EXECUTIVE DIRECTOR MORRIS ON THE SUBJECT OF GMO FOOD AID. 
THE LETTER, REPEATED BELOW IN ITS ENTIRETY, SHOWS THAT 
THE WHO DG IS MISINFORMED CONCERNING THE ADVANCE INFORMED 
AGREEMENT PROVISION OF THE CARTAGENA PROTOCOL (WHICH DOES 
NOT APPLY TO SHIPMENTS OF FOOD OR FEED).  FURTHERMORE, IN 
URGING WFP TO "OPERATE IN THE SPIRIT OF THE PROTOCOL" AND 
"INFORM IMPORTING COUNTRIES OF THE NATURE OF 
CONSIGNMENTS," DIRECTOR GENERAL BRUNTLAND IS PROVIDING AN 
INTERPRETATION -- IN ADVANCE OF ENTRY INTO FORCE, AND A 
DECISION BY THE STATES PARTIES -- OF ARTICLE 18.2 (A) 
WHICH STATES THAT EACH PARTY SHALL TAKE MEASURES TO 
REQUIRE THAT DOCUMENTATION ACCOMPANYING LIVING MODIFIED 
    ORGANISMS (LMO'S) INTENDED FOR DIRECT USE AS FOOD OR 
FEED, OR FOR PROCESSING, CLEARLY IDENTIFY THAT THEY MAY 
CONTAIN LMO'S AND ARE NOT INTENDED FOR INTENTIONAL 
INTRODUCTION INTO THE ENVIRONMENT. 
 
3. (SBU) COMMENT:  THE WHO DG'S STATEMENT IS ALMOST 
IDENTICAL TO VIEWS EXPRESSED BY EUROPEAN UNION MEMBERS AT 
THE LAST WFP BOARD MEETING ON THIS SUBJECT.  THE LETTER 
PERPETUATES MISINFORMATION CONCERNING WHAT WILL AND WILL 
NOT BE REQUIRED BY THE CARTAGENA PROTOCOL (ONCE IT ENTERS 
INTO FORCE). END COMMENT. 
 
4.  (SBU) BEGIN TEXT OF LETTER: 
 
DEAR MR. MORRIS, 
 
THANK YOU FOR YOUR LETTER DATED 10 APRIL 2003.  I 
APPRECIATE IT THAT YOU KEPT ME INFORMED ON DEVELOPMENTS 
EMANATING FROM THE SOUTHERN AFRICA CRISIS. 
 
I WOULD LIKE TO COMMEND WFP FOR PREPARING A POLICY 
DOCUMENT ON FOOD AID THAT MAY CONTAIN GM MATERIAL.  IN MY 
VIEW THE STATEMENT IS CAREFULLY DRAFTED.  WFP STATES THAT 
FOOD DONATIONS MUST ADHERE TO INTERNATIONALLY AGREED 
STANDARDS THAT APPLY TO FOOD IN TRADE.  THIS CERTAINLY 
WILL INCLUDE CODEX STANDARDS, AIMING AT THE PROTECTION OF 
THE HEALTH OF CONSUMERS.  I SHARE YOUR POSITION THAT WFP 
CANNOT IMPOSE PROVISIONS OF THE CARTAGENA PROTOCOL ON 
COUNTRIES NOT BEING SIGNATORIES OF THAT PROTOCOL.  IN 
PRACTICE, HOWEVER, THIS MAY HAVE SIGNIFICANT 
CONSEQUENCES. 

A KEY ELEMENT IN THE PROTOCOL IS THE PRINCIPLE OF THE 
ADVANCE INFORMED AGREEMENT (AIA).  EXPORTING COUNTRIES 
HAVE AN OBLIGATION TO INFORM IMPORTING COUNTRIES ON THE 
NATURE OF CONSIGNMENTS.  IN PARTICULAR IN THE CASE OF GM 
FOOD THIS IS A RELEVANT PROVISION AS WE HAVE SEEN LAST 
YEAR WHEN GM FOOD AID WAS PROVIDED BY WFP TO SEVERAL 
COUNTRIES IN SOUTHERN AFRICA.  ALTHOUGH WFP CANNOT IMPOSE 
THE PROTOCOL ON COUNTRIES, THE QUESTION RISES WHETHER 
NEVERTHELESS THE WFP WILL BE ABLE TO OPERATE IN THE 
SPIRIT OF THE PROTOCOL.  THIS IMPLIES THE GMO NATURE OF 
FOOD AID HAS TO BE KNOWN TO ALLOW YOUR COUNTRY OFFICES TO 
WORK AS INDICATED IN THE STATEMENT. 
 
I THOUGHT IT APPROPRIATE TO BRING THIS TO YOUR ATTENTION. 
I WILL CONTINUE TO SUPPORT THE COOPERATION OF OUR 
ORGANIZATIONS IN THIS AREA. 
 
END TEXT OF LETTER.  TAMLYN 
 
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 2003ROME02269 - Classification: UNCLASSIFIED