EC MEMBERSHIP IN FAO CODEX COMMISSION

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 PAGE 02 ROME 04755 020543Z 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 PAGE 03 ROME 04755 020543Z 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 PAGE 04 ROME 04755 020543Z 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 > 2002ROME04755 - Classification: UNCLASSIFIED