Identifier
Created
Classification
Origin
02ROME4755
2002-10-02 05:12:00
UNCLASSIFIED
Embassy Rome
Cable title:
EC MEMBERSHIP IN FAO CODEX COMMISSION
how-toThis record is a partial extract of the original cable. The full text of the original cable is not available.
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
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
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