PLANT GENETIC RESOURCES INTERIM COMMITTEE SETS

UNCLAS SECTION 01 OF 05 ROME 005252

SIPDIS

USDA FOR ARS:PETER BRETTING, JUNE BLALOCK, FAS:LYNNE
REICH, DICK HUGHES, OFFICE OF THE SECRETARY: DAVID
HEGWOOD
STATE FOR OES/ENV RICK DRISCOLL, L/OES K. YOUEL PAGE AND
IO/EDA SETH WINNICK
IO/S LAUREN FLEJZOR, GEORGE ABRAHAMS
USTR DARCI VETTER, MARK SLOAN
USAID FOR ROB BERTRAM
USPTO FOR MARY CRITHARIS,LINDA LOURIE
NSC JOHN CLOUD,KEN PEEL
GENEVA ALSO FOR USTR
NAIROBI FOR UNEP
UNCLASSIFIED

PAGE 02 ROME 05252 01 OF 05 280813Z

FROM FODAG

SENSITIVE

E.O. 12958: N/A
TAGS: AORC EAGR EAGR EAGR EAGR EAGR SENV FAO SENV AORC FAO SENV AORC FAO SENV AORC FAO SENV AORC FAO
SUBJECT: PLANT GENETIC RESOURCES INTERIM COMMITTEE SETS
THE STAGE FOR DEVELOPMENT OF CRITICAL MATERIAL TRANSFER
AGREEMENT


1. (SBU) SUMMARY: U.S. OBJECTIVES WERE LARGELY MET AT
THE FIRST SESSION OF THE UN FOOD AND AGRICULTURE
ORGANIZATION'S (FAO) COMMISSION ON GENETIC RESOURCES FOR
FOOD AND AGRICULTURE, ACTING AS THE INTERIM COMMITTEE FOR
THE INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR
FOOD AND AGRICULTURE (OCTOBER 9-11). THE INTERIM
COMMITTEE (CHARGED WITH DEVELOPING THE PROPOSALS THE
TREATY GOVERNING BODY WILL CONSIDER ONCE THE TREATY
ENTERS INTO FORCE) WILL WORK ON A CONSENSUS BASIS. THE
U.S. WILL BE ABLE TO BE SUITABLY REPRESENTED ON THE GROUP
THAT WILL DEVELOP PROPOSALS ON THE TREATY'S MATERIAL
TRANSFER AGREEMENT (MTA). (THIS MTA WILL LIKELY BECOME
THE DE FACTO GLOBAL STANDARD FOR INTERNATIONAL EXCHANGES
OF PLANT GERMPLASM.) USDEL UNDERSCORED ITS SERIOUS
CONCERN WITH USING FAO REGULAR PROGRAM BUDGET FUNDING FOR
INTERIM COMMITTEE ACTIVITIES, BUT MOST COUNTRIES SEEK
ADDITIONAL FUNDS FROM THAT SOURCE. CONTACTS WITH ALLIES,
THE G-77, NGOS AND THE SECRETARIAT DURING THE FIRST
MEETING OF THE INTERIM COMMITTEE INDICATED THAT MANY VIEW
THE UNITED STATES AS HAVING LIMITED AND WANING INFLUENCE
UNCLASSIFIED

PAGE 03 ROME 05252 01 OF 05 280813Z
IN THE UPCOMING NEGOTIATIONS. THERE IS AN IMPRESSION
THAT THE UNITED STATES IS NOT EXPECTED TO BECOME A PARTY
TO THE TREATY AND SO ITS VIEWS CAN BE DISCOUNTED. END
SUMMARY.

THE INTERIM COMMITTEE
--------------


2. (U) THE FAO COMMISSION ON GENETIC RESOURCES FOR FOOD
AND AGRICULTURE (CGRFA) ACTING AS THE INTERIM COMMITTEE
FOR THE INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES
FOR FOOD AND AGRICULTURE (THE "TREATY") HELD ITS FIRST
MEETING IN ROME OCTOBER 9-11, 2002. THE U.S. DELEGATION
WAS LED BY RICHARD DRISCOLL (STATE - OES/ETC). IT ALSO
INCLUDED LUCY TAMLYN (FODAG),KATHRYN YOUEL PAGE (STATE -
L/OES),WANDA COLLINS (USDA/ARS)),KATHERINE WHITE
(USDA),AND ROBERT BERTRAM (USAID).


3. (U) WHEN THE TREATY ENTERS INTO FORCE (AFTER THE
FORTIETH RATIFICATION),IT WILL PROVIDE A MULTILATERAL
SYSTEM FOR FACILITATED ACCESS TO A DEFINED LIST OF FOOD
CROPS AND FORAGES - PLANT GENETIC RESOURCES FOR FOOD AND
AGRICULTURE (PGRFA) - FROM NATIONAL GENEBANKS AND
INTERNATIONAL AGRICULTURAL RESEARCH CENTERS (IARCS). THE
TRANSFERS OF PGRFA UNDER THE TREATY WILL BE PURSUANT TO A
STANDARD MATERIAL TRANSFER AGREEMENT (MTA),WHICH WILL IN
EFFECT BECOME THE DE FACTO GLOBAL STANDARD FOR
INTERNATIONAL EXCHANGES OF PGRFA. THE FAO CONFERENCE
CALLED ON THE COMMISSION TO ACT AS THE INTERIM COMMITTEE
FOR THE TREATY PENDING ENTRY INTO FORCE AND, IN THAT
ROLE, TO DEVELOP RECOMMENDATIONS FOR THE GOVERNING BODY
UNCLASSIFIED

PAGE 04 ROME 05252 01 OF 05 280813Z
OF THE TREATY ON A PROPOSED MTA, RULES OF PROCEDURE,
FINANCIAL RULES, AND A COMPLIANCE REGIME.

STATUS OF SIGNING AND ELECTION OF OFFICERS
--------------


4. (U) OF THE 116 FAO MEMBERS THAT VOTED TO ADOPT THE
TREATY IN NOVEMBER 2001, NEARLY SEVENTY HAVE SIGNED OR
EXPRESSED THEIR INTENT TO SIGN BY THE NOVEMBER 4, 2002
DEADLINE. EIGHT COUNTRIES HAVE RATIFIED AND SEVERAL MORE
REPORTED THEY WERE COMPLETING THE RATIFICATION PROCESS
(OR THE ACCESSION PROCESS FOR THOSE THAT WILL NOT HAVE
SIGNED BEFORE THE DEADLINE PASSES). THE USDEL EMPHASIZED
THAT PLANT GENETIC RESOURCES WERE AN IMPORTANT SUBJECT
MATTER FOR THE U.S.; THAT THE SUBSTANCE OF THE TREATY IS
UNDER INTENSIVE REVIEW AND THE USG INTENDED TO
PARTICIPATE ACTIVELY IN THE DEVELOPMENT OF THE MTA, WHICH
LIES AT THE HEART OF THE TREATY.


5. (SBU) THE INTERIM COMMITTEE SELECTED VENEZUELAN
AMBASSADOR GERBASI TO BE THE CHAIRPERSON. COMMENT:
GERBASI IS A CAPABLE CHAIR WHO IS FAMILIAR WITH THE

UNCLASSIFIED

UNCLASSIFIED PTO8161

PAGE 01 ROME 05252 02 OF 05 280813Z
ACTION OES-01

INFO LOG-00 NP-00 AF-00 AID-00 CIAE-00 USNW-00 DOEE-00
SRPP-00 EB-00 EUR-00 UTED-00 FDRE-01 TEDE-00 INR-00
IO-00 AC-01 NSAE-00 NSCE-00 OIC-02 PER-00 ACE-00
SS-00 STR-00 TEST-00 EPAE-00 ECA-00 SAS-00 /005W
-------------- FF11B9 280813Z /38
R 280722Z OCT 02
FM AMEMBASSY ROME
TO SECSTATE WASHDC 6591
INFO USDA FAS WASHDC 2349
USMISSION GENEVA
USMISSION USUN NEW YORK
AMEMBASSY NAIROBI

UNCLAS SECTION 02 OF 05 ROME 005252

SIPDIS

USDA FOR ARS:PETER BRETTING, JUNE BLALOCK, FAS:LYNNE
REICH, DICK HUGHES, OFFICE OF THE SECRETARY: DAVID
HEGWOOD
STATE FOR OES/ENV RICK DRISCOLL, L/OES K. YOUEL PAGE AND
IO/EDA SETH WINNICK
IO/S LAUREN FLEJZOR, GEORGE ABRAHAMS
USTR DARCI VETTER, MARK SLOAN
USAID FOR ROB BERTRAM
USPTO FOR MARY CRITHARIS,LINDA LOURIE
NSC JOHN CLOUD,KEN PEEL
GENEVA ALSO FOR USTR
NAIROBI FOR UNEP
UNCLASSIFIED

PAGE 02 ROME 05252 02 OF 05 280813Z

FROM FODAG

SENSITIVE

E.O. 12958: N/A
TAGS: AORC EAGR EAGR EAGR EAGR EAGR SENV FAO SENV AORC FAO SENV AORC FAO SENV AORC FAO SENV AORC FAO
SUBJECT: PLANT GENETIC RESOURCES INTERIM COMMITTEE SETS
THE STAGE FOR DEVELOPMENT OF CRITICAL MATERIAL TRANSFER
AGREEMENT

SUBJECT MATTER (HAVING CHAIRED THE CGRFA AS IT DEVELOPED
THE TREATY.) HOWEVER, AMBASSADOR GERBASI DOES NOT ALWAYS
HOLD IN CHECK HIS G-77 LEANINGS AND HIS PROCEDURAL
RULINGS AND INTERVENTIONS OCCASIONALLY REFLECT THIS
TENDENCY. THE BUREAU OF SIX VICE-CHAIRPERSONS FROM THE
DIFFERENT REGIONS HAS AS FAVORABLE A COMPOSITION AS WE
COULD HAVE HOPED, INCLUDING BRAD FRALEIGH OF CANADA FOR
NORTH AMERICA, KRISTIANE HERMANN OF AUSTRALIA FOR SOUTH
WEST PACIFIC, AND GERT KLEIJER FROM SWITZERLAND FOR
EUROPE. END COMMENT.

RULES OF PROCEDURE - CONSENSUS
--------------


6. (U) THE INTERIM COMMITTEE DEBATED AND ADOPTED ITS
OWN RULES OF PROCEDURE. ON THE CRITICAL SUBJECT OF
DECISION-MAKING, IT WAS AGREED THAT ALL DECISIONS WERE TO
BE TAKEN BY CONSENSUS. THE FACT THAT THE TREATY REQUIRES
CONSENSUS FOR DECISION MAKING PROVED A COMPELLING
ARGUMENT. THE INTERIM COMMITTEE IN THE FUTURE WILL HAVE
UNCLASSIFIED

PAGE 03 ROME 05252 02 OF 05 280813Z
TO DEVELOP PROPOSED RULES OF PROCEDURE FOR THE TREATY'S
GOVERNING BODY TO CONSIDER AT ITS FIRST MEETING. AN
OPEN-ENDED TECHNICAL AND LEGAL EXPERTS GROUP WILL BE SET
UP TO DEVELOP THIS PROPOSAL, AS WELL AS A PROPOSAL ON
FINANCIAL RULES AND ONE ON COMPLIANCE FOR CONSIDERATION
BY THE GOVERNING BODY. IN RESPONSE TO AN EU PROPOSAL,
THE RULES OF PROCEDURES WERE WRITTEN TO PERMIT NATIONAL,
INSTEAD OF JUST INTERNATIONAL, NGOS TO BE OBSERVERS AT
THE INTERIM COMMITTEE. THE USDEL BLOCKED THE PORTION OF
THE EU PROPOSAL THAT WOULD HAVE ALLOWED THE EXCLUSION OF
AN OBSERVER IF ONE-THIRD OF THE MEMBERS VOTED TO DO SO.

TERMS OF REFERENCE FOR MATERIAL TRANSFER AGREEMENT GROUP
-------------- --------------


7. (SBU) THE MEETING BECAME THE MOST CONTENTIOUS OVER
THE PIVOTAL MATTER OF SETTING THE TERMS OF REFERENCE FOR
THE GROUP THAT WILL DEVELOP THE STANDARD MTA. THE FAO
CONFERENCE HAS CALLED ON THE INTERIM COMMITTEE TO
ESTABLISH AN EXPERT GROUP TO HELP DEVELOP THE PROPOSED
TERMS OF THE STANDARD MTA. FORTUNATELY, THE FAO
SECRETARIAT DREW HEAVILY ON A U.S.-PREPARED NON-PAPER ON

SIPDIS
THE TERMS OF REFERENCE AS THE BASIS FOR DISCUSSION. THE
U.S. ACHIEVED GENERALLY GOOD RESULTS ON THE THREE KEY
ASPECTS OF THE TERMS OF REFERENCE: COMPOSITION OF THE
GROUP; PARTICIPATION OF NON-FAO ENTITIES; AND, THE
MANDATE FOR THE MTA GROUP.


8. (SBU) THE U.S. AND CANADA INITIALLY SOUGHT EQUAL
REPRESENTATION (FOUR PEOPLE) FOR THE NORTH AMERICA REGION
WITH THE OTHER SIX FAO REGIONS. THE G-77 BALKED AND
UNCLASSIFIED

PAGE 04 ROME 05252 02 OF 05 280813Z
PRESSED FOR NORTH AMERICA TO BE LIMITED TO TWO. THE U.S.
TOOK ADVANTAGE OF THE INTERIM COMMITTEE'S CONSENSUS RULE,
WITH CANADA'S SUPPORT, AND INSISTED ON EQUAL
REPRESENTATION. THE CHAIR WEIGHED IN WITH A
REPRESENTATION SCHEME USED BY THE CGRFA'S TECHNICAL
WORKING GROUP ON PLANT GENETIC RESOURCES, WHICH WOULD
HAVE GIVEN NORTH AMERICA TWO REPRESENTATIVES AND FIVE FOR
EACH OF THE THREE LARGE G-77 REGIONS. CANADA TOLD US
QUIETLY THAT THEY WOULD NOT BREAK CONSENSUS ON THIS ISSUE
AND WOULD ACCEPT THE CHAIR'S PROPOSAL. THE USDEL STAYED
FIRM, AND BEFORE CANADA ACQUIESCED, THE CHAIR PROPOSED A
CONTACT GROUP TO RESOLVE THE ISSUE. THE CONTACT GROUP
REACHED A SATISFACTORY COMPROMISE FROM THE U.S.
PERSPECTIVE: WE AGREED ON TWO REPRESENTATIVES PLUS TWO
ADVISERS FOR NORTH AMERICA (WHICH WOULD ALLOW US TO BRING
IN TO THE ROOM THE INDUSTRY AND LEGAL EXPERTISE WE WANT
TO HAVE AVAILABLE); THE OTHER REGIONS WERE LIMITED TO
FOUR PER REGION WITH FOUR ADVISERS; AND IT WAS AGREED
THAT THE REPORT OF THE EXPERT GROUP TO THE INTERIM
COMMITTEE WOULD REFLECT ALL VIEWS ON AN EQUAL BASIS (NOT
PRESENT A MAJORITY VIEW WITH MINORITY VIEWS RELEGATED TO
A LOWER STATUS). THE G-77 OBJECTED TO THE PROPOSAL BY

UNCLASSIFIED

UNCLASSIFIED PTO8164

PAGE 01 ROME 05252 03 OF 05 280814Z
ACTION OES-01

INFO LOG-00 NP-00 AF-00 AID-00 CIAE-00 USNW-00 DOEE-00
SRPP-00 EB-00 EUR-00 UTED-00 FDRE-01 TEDE-00 INR-00
IO-00 AC-01 NSAE-00 NSCE-00 OIC-02 PER-00 ACE-00
SS-00 STR-00 TEST-00 EPAE-00 ECA-00 SAS-00 /005W
-------------- FF11C7 280814Z /38
R 280722Z OCT 02
FM AMEMBASSY ROME
TO SECSTATE WASHDC 6592
INFO USDA FAS WASHDC 2350
USMISSION GENEVA
USMISSION USUN NEW YORK
AMEMBASSY NAIROBI

UNCLAS SECTION 03 OF 05 ROME 005252

SIPDIS

USDA FOR ARS:PETER BRETTING, JUNE BLALOCK, FAS:LYNNE
REICH, DICK HUGHES, OFFICE OF THE SECRETARY: DAVID
HEGWOOD
STATE FOR OES/ENV RICK DRISCOLL, L/OES K. YOUEL PAGE AND
IO/EDA SETH WINNICK
IO/S LAUREN FLEJZOR, GEORGE ABRAHAMS
USTR DARCI VETTER, MARK SLOAN
USAID FOR ROB BERTRAM
USPTO FOR MARY CRITHARIS,LINDA LOURIE
NSC JOHN CLOUD,KEN PEEL
GENEVA ALSO FOR USTR
NAIROBI FOR UNEP
UNCLASSIFIED

PAGE 02 ROME 05252 03 OF 05 280814Z

FROM FODAG

SENSITIVE

E.O. 12958: N/A
TAGS: AORC EAGR EAGR EAGR EAGR EAGR SENV FAO SENV AORC FAO SENV AORC FAO SENV AORC FAO SENV AORC FAO
SUBJECT: PLANT GENETIC RESOURCES INTERIM COMMITTEE SETS
THE STAGE FOR DEVELOPMENT OF CRITICAL MATERIAL TRANSFER
AGREEMENT

THE U.K. - WHICH THE U.S. AND OECD COUNTRIES SUPPORTED -
FOR THE BUREAU TO SELECT THE CHAIR OF THE MTA GROUP.
THEREFORE, THIS ITEM PRESUMABLY WILL BE THE FIRST MATTER
FOR CONSIDERATION BY THE MTA GROUP WHEN IT MEETS.


9. (SBU) COMMENT. IT HAD BEEN CLEAR FROM THE START THAT
THE G-77 INTENDED THE MTA GROUP TO BE A POLITICAL
NEGOTIATING BODY AND NOT A GATHERING OF TECHNICAL AND
LEGAL EXPERTS. NONETHELESS, THROUGH THE USE OF ADVISERS
WE - AS WELL AS AUSTRALIA AND EUROPE - WILL HAVE INDUSTRY
EXPERTISE IN THE NEGOTIATING ROOM. WE BELIEVE THAT
HAVING THESE TRUE EXPERTS ON MTAS IN THE ROOM COULD HAVE
A PROFOUND, POSITIVE EFFECT ON THE NEGOTIATIONS. THE
UPSIDE OF HAVING A POLITICAL NEGOTIATING GROUP IS THAT
THERE SHOULD BE GREATER ACCEPTANCE OF ANY CONSENSUS
RESULTS THAT ARE PRESENTED TO THE INTERIM COMMITTEE. END
COMMENT.


10. (U) THE USDEL ALSO ACHIEVED THE OBJECTIVE OF
INCLUDING A REPRESENTATIVE OF THE IARCS WITH THE ABILITY
UNCLASSIFIED

PAGE 03 ROME 05252 03 OF 05 280814Z
TO PARTICIPATE. THE G-77, IN PARTICULAR SOUTH AFRICA,
OPPOSED THE CGIAR PARTICIPATING, SAYING THAT THE IARCS
ARE "TAINTED" PRESUMABLY BECAUSE OF THEIR RELIANCE ON
FUNDING FROM AND THEIR GOOD WORKING TIES WITH OECD
COUNTRIES. THE U.S. AND OTHER OECD COUNTRIES HELD FIRM,
FORCING THE G-77 EVENTUALLY TO CONCEDE THE POINT. THE
U.S. AND OTHER OECD COUNTRIES ALSO BLOCKED THE G-77'S
PROPOSAL TO INCLUDE A REPRESENTATIVE FROM THE CONVENTION
ON BIOLOGICAL DIVERSITY (CBD). THE EU WAS ABLE TO ADD TO
THE MTA GROUP A REPRESENTATIVE FROM WIPO AND ONE FROM
UPOV, WHO WOULD BE AVAILABLE TO ANSWER QUESTIONS IF
CALLED UPON.


11. (U) ON THE TASKS FOR THE MTA GROUP, THE G-77
(ESPECIALLY IRAN, BRAZIL, COLOMBIA, SOUTH AFRICA,
CAMEROON AND ANGOLA) SUCCEEDED IN A NUMBER OF CASES IN
SUPPLANTING SPECIFIC, LIMITED TASKS WITH BROADER, MORE
OPEN-ENDED ONES. G-77 EFFORTS WERE PARTICULARLY DIRECTED
AT BROADENING THE "BENEFIT-SHARING" PROVISIONS OF THE MTA
AND SEEKING WAYS TO ENSURE COMPLIANCE. THIS MEANS THE
DEBATE IN THE MTA GROUP WILL LIKELY BE BROAD RANGING,
RATHER THAN LIMITED TO CLARIFYING A NUMBER OF TECHNICAL
POINTS. THE USDEL, WORKING WITH CANADA, DID ACHIEVE
INCLUSION OF THE TASK OF ENSURING THE MTA WILL BECOME
BINDING UPON THE RECIPIENT'S ACCEPTANCE OF THE PGRFA.
(COMMENT: WHILE THE USDEL WOULD HAVE PREFERRED UPON THE
"RECEIPT" OF THE PGRFA, IT ACCEPTED CANADA'S SUGGESTION
OF UPON "ACCEPTANCE" OF THE PGRFA. END COMMENT). THIS IS
AN IMPORTANT TECHNICAL POINT THAT WILL NEED TO BE
ADDRESSED FOR THE MTA TO FUNCTION PROPERLY.

UNCLASSIFIED

PAGE 04 ROME 05252 03 OF 05 280814Z
FINANCIAL RULES AND BUDGET
--------------


12. (U) THE INTERIM COMMITTEE AT THIS MEETING AGREED ON
A PROCESS FOR DEVELOPING PROPOSED FINANCIAL RULES TO THE
GOVERNING BODY TO CONSIDER AT ITS FIRST MEETING. THE
TECHNICAL AND LEGAL EXPERT GROUP MENTIONED ABOVE FOR
CONSIDERING THE GOVERNING BODY'S RULES OF PROCEDURE WILL
ALSO PREPARE RECOMMENDATIONS ON FINANCIAL RULES. THE
USDEL AND JAPAN AGREED WITH THE PROCESS, AND AT THE SAME
TIME THEY MADE CLEAR THAT THEY OPPOSED THE CONCEPT OF
USING "INDICATIVE ASSESSMENTS" WITH VOLUNTARY
CONTRIBUTIONS.


13. (U) BUDGET MATTERS AROSE THROUGHOUT THE MEETING. THE
SECRETARIAT CITING FAO RULES EFFECTIVELY PUT DOWN CALLS

SIPDIS
FOR THE FAO CORE BUDGET BE USED TO FUND THE TRAVEL OF G-
77 REPRESENTATIVES. ONLY VOLUNTARY, EXTRA-BUDGETARY
FUNDS COULD BE USED FOR THAT PURPOSE. THE SECRETARIAT
PREPARED AN REVISED INDICATIVE BUDGET AND WORK PROGRAM
FOR THE INTERIM COMMITTEE, WHICH LOWERED THE ORIGINAL
ESTIMATES OF THE WORK PROGRAM. THE REVISED BUDGET NEEDS

UNCLASSIFIED

UNCLASSIFIED PTO8166

PAGE 01 ROME 05252 04 OF 05 280814Z
ACTION OES-01

INFO LOG-00 NP-00 AF-00 AID-00 CIAE-00 USNW-00 DOEE-00
SRPP-00 EB-00 EUR-00 UTED-00 FDRE-01 TEDE-00 INR-00
IO-00 AC-01 NSAE-00 NSCE-00 OIC-02 PER-00 ACE-00
SS-00 STR-00 TEST-00 EPAE-00 ECA-00 SAS-00 /005W
-------------- FF11CE 280814Z /38
R 280722Z OCT 02
FM AMEMBASSY ROME
TO SECSTATE WASHDC 6593
INFO USDA FAS WASHDC 2351
USMISSION GENEVA
USMISSION USUN NEW YORK
AMEMBASSY NAIROBI

UNCLAS SECTION 04 OF 05 ROME 005252

SIPDIS

USDA FOR ARS:PETER BRETTING, JUNE BLALOCK, FAS:LYNNE
REICH, DICK HUGHES, OFFICE OF THE SECRETARY: DAVID
HEGWOOD
STATE FOR OES/ENV RICK DRISCOLL, L/OES K. YOUEL PAGE AND
IO/EDA SETH WINNICK
IO/S LAUREN FLEJZOR, GEORGE ABRAHAMS
USTR DARCI VETTER, MARK SLOAN
USAID FOR ROB BERTRAM
USPTO FOR MARY CRITHARIS,LINDA LOURIE
NSC JOHN CLOUD,KEN PEEL
GENEVA ALSO FOR USTR
NAIROBI FOR UNEP
UNCLASSIFIED

PAGE 02 ROME 05252 04 OF 05 280814Z

FROM FODAG

SENSITIVE

E.O. 12958: N/A
TAGS: AORC EAGR EAGR EAGR EAGR EAGR SENV FAO SENV AORC FAO SENV AORC FAO SENV AORC FAO SENV AORC FAO
SUBJECT: PLANT GENETIC RESOURCES INTERIM COMMITTEE SETS
THE STAGE FOR DEVELOPMENT OF CRITICAL MATERIAL TRANSFER
AGREEMENT

ARE USD 1 MILLION FOR 2003 AND USD 0.8 MILLION FOR 2004
IN VOLUNTARY CONTRIBUTIONS.


14. (U) FOR THE FUTURE, NORWAY, JAPAN, THE EU AND THE G-
77 VOICED THEIR SUPPORT FOR HAVING THE FAO REGULAR BUDGET
PROVIDE A MAJOR PORTION OF THE FUNDS NEEDED FOR THE
TREATY TO FUNCTION PROPERLY. THE USDEL OPPOSED THIS
POSITION, NOTING THAT THE FAO IS OPERATING UNDER
BUDGETARY CONSTRAINTS AND WOULD HAVE TO WEIGH ALL ITS
PRIORITIES IN DECIDING HOW MUCH, IF ANY, TO SUPPORT THE
OPERATING COSTS OF THE TREATY FROM CORE FAO FUNDS. THE
U.S., CANAD AND JAPAN URGED THE SECRETARIAT TO LOOK FOR
COSTEFFICIENCIES. THE USDEL SUGGESTED THAT THE CGRFA
REORDER ITS ACTIVITIES WITHIN ITS BUDGET ENVELOPESO AS
TO PROVIDE ADDITIONAL FUNDING FOR THE WORKOF THE INTERIM
COMMITTEE.

COMPLIANCE REGIME
--------------

UNCLASSIFIED

PAGE 03 ROME 05252 04 OF 05 280814Z

15. (U) THE EU PROPOSED AND TH U.S. AND OTHERS AGREED TO
HAVE THE TECHNICAL AND LEGAL EXPERT GROUP HANDLING
RECOMMENDATIONS TO THE GOVERNING BODY FOR RULES OF
PROCEDURE AND FOR FINANCIAL RULES ALSO CONSIDER A
RECOMMENDATION ON A COMPLIANCE REGIME. THE U.S.
INTERVENED TO UNDERSCORE THE GROUP SHOULD ESTABLISH ITS
OWN COMPLIANCE REGIME SPECIFICALLY TAILORED TO THE NEEDS
OF THIS TREATY, RATHER THAN SIMPLY ADOPTING THE ELEMENTS
DEVELOPED UNDER THE BIOSAFETY PROTOCOL. THERE APPEARED
TO BE GENERAL AGREEMENT ON THIS POINT. THE SECRETARIAT
WILL SEND OUT A REQUEST FOR VIEWS ON COMPLIANCE AND,
BEFORE THE FIRST MEETING OF THE EXPERT GROUP, WILL
COMPILE A SYNTHESIS FOR THE GROUP TO CONSIDER. NORWAY
AND THE G-77, ESPECIALLY COLOMBIA AND BRAZIL, CALLED FOR
A STRONG COMPLIANCE REGIME INCLUDING POSSIBLE USE OF
SANCTIONS. THE U.S. AND THE EU SPOKE OF A COMPLIANCE
EGIME THAT ENCOURAGED CAPACITY BUILDING RATHER THA A
PUNITIVE REGIME FOR NON-COMPLIANCE.

OTHER SSUES
--------------


16. (U) THE INTERIM COMMITTE POSTPONED CONSIDERATION OF
THE FUTURE AGREEMENTS BETWEEN THE IARCS AND THE GOVERNING
BODY ONCE THE TREATY COMES INTO FORCE AND THE ISSUE OF
THE FUNDING STRATEGY CALLED FOR IN THE TREATY.
NONETHELESS, THE G-77 CIRCULATED A PROPOSAL FOR
CONCERNING THE FUTURE AGREEMENT BETWEEN THE GOVERNING
BODY AND THE IARCS. THE INTERIM COMMITTEE DID NOT TAKE
UP THIS MATTER. COMMENT: OUR PRELIMINARY REVIEW OF THE
G77 LANGUAGE FOR THE FUTURE IARC AGREEMENT WITH THE
UNCLASSIFIED

PAGE 04 ROME 05252 04 OF 05 280814Z
GOVERNING BODY, WHICH WAS INSPIRED BY COLOMBIA IN
PARTICULAR, SUGGESTS THAT THEY WILL CONTINUE TO SEEK CBD-
TYPE OBJECTIVES WITH RESPECT TO NATIONAL SOVEREIGNTY IN
WAYS THAT, IF SUCCESSFUL, WOULD CONTINUE TO ERODE THE
INTERNATIONAL PUBLIC GOOD CHARACTER OF THE IARC
COLLECTIONS, HAMPERING THE ABILITY OF THE IARCS TO
OPERATE AS ENVISIONED IN THE TREATY. END COMMENT.

NEXT STEPS
--------------


17. (U) REGIONS AND COUNTRIES WILL HAVE UNTIL THE END OF
THE YEAR TO NOMINATE REPRESENTATIVES TO THE MTA GROUP.
IF SUFFICIENT VOLUNTARY CONTRIBUTIONS ARE RECEIVED, THE
MTA GROUP WOULD MEET IN THE FIRST HALF OF 2003. THE
TECHNICAL AND LEGAL EXPERT GROUP ON RULES OF PROCEDURE,
FINANCIAL RULES AND COMPLIANCE WOULD MEET LATER IN 2003,
ASSUMING THE VOLUNTARY CONTRIBUTIONS ARE FOUND.

COMMENT
--------------

UNCLASSIFIED

UNCLASSIFIED PTQ8720

PAGE 01 ROME 05252 05 OF 05 280814Z
ACTION OES-01

INFO LOG-00 NP-00 AF-00 AID-00 CIAE-00 USNW-00 DOEE-00
SRPP-00 EB-00 EUR-00 UTED-00 FDRE-01 TEDE-00 INR-00
IO-00 AC-01 NSAE-00 NSCE-00 OIC-02 PER-00 ACE-00
SS-00 STR-00 TEST-00 EPAE-00 ECA-00 SAS-00 /005W
-------------- FF11DA 280814Z /38
R 280722Z OCT 02
FM AMEMBASSY ROME
TO SECSTATE WASHDC 6594
INFO USDA FAS WASHDC 2352
USMISSION GENEVA
USMISSION USUN NEW YORK
AMEMBASSY NAIROBI

UNCLAS SECTION 05 OF 05 ROME 005252

SIPDIS

USDA FOR ARS:PETER BRETTING, JUNE BLALOCK, FAS:LYNNE
REICH, DICK HUGHES, OFFICE OF THE SECRETARY: DAVID
HEGWOOD
STATE FOR OES/ENV RICK DRISCOLL, L/OES K. YOUEL PAGE AND
IO/EDA SETH WINNICK
IO/S LAUREN FLEJZOR, GEORGE ABRAHAMS
USTR DARCI VETTER, MARK SLOAN
USAID FOR ROB BERTRAM
USPTO FOR MARY CRITHARIS,LINDA LOURIE
NSC JOHN CLOUD,KEN PEEL
GENEVA ALSO FOR USTR
NAIROBI FOR UNEP
UNCLASSIFIED

PAGE 02 ROME 05252 05 OF 05 280814Z

FROM FODAG

SENSITIVE

E.O. 12958: N/A
TAGS: AORC EAGR EAGR EAGR EAGR EAGR SENV FAO SENV AORC FAO SENV AORC FAO SENV AORC FAO SENV AORC FAO
SUBJECT: PLANT GENETIC RESOURCES INTERIM COMMITTEE SETS
THE STAGE FOR DEVELOPMENT OF CRITICAL MATERIAL TRANSFER
AGREEMENT


18. (SBU) AS EXPECTED, THERE WERE MOMENTS DURING THE
COMMISSION WHEN IT APPEARED THAT G-77 DELEGATES WERE
ATTEMPTING TO WALK BACK SEVEN YEARS OF NEGOTIATION.
NONETHELESS, THE U.S. ACCOMPLISHED ITS MAJOR OBJECTIVES
CONCERNING THE DECISION MAKING RULE, NORTH AMERICAN
REPRESENTATION AT THE MTA GROUP, IARC PARTICIPATION IN
THE MTA GROUP, AND THE BUDGET. HOWEVER, IT WAS EVIDENT
THAT THE NEGOTIATIONS WILL BECOME MORE DIFFICULT AS THE
SUBSTANTIVE ISSUES ARE ADDRESSED. FORTUNATELY, THERE ARE
A NUMBER OF ALLIES, ESPECIALLY AUSTRALIA, CANADA AND
JAPAN, WHO GENERALLY SUPPORT OUR ISSUES (AND THE G-77 IS
NOT ALWAYS MONOLITHIC ON THE ISSUES.)


21. (SBU) COMMENT, CONT. THE USDEL CAME AWAY FROM THE
MEETING WITH THE SENSE THAT OUR ALLIES, THE G-77, THE
NGOS AND THE SECRETARIAT VIEW THE UNITED STATES AS HAVING
LIMITED AND WANING INFLUENCE IN THE UPCOMING
NEGOTIATIONS. THERE IS AN IMPRESSION THAT THE U.S. IS
NOT EXPECTED TO BECOME A PARTY TO THE TREATY AND SO ITS
VIEWS CAN BE DISCOUNTED. CONSEQUENTLY, ALLIES ARE LIKELY
UNCLASSIFIED

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TO COMPROMISE EARLIER AND OPPONENTS WILL BECOME MORE
OBDURATE. HALL

UNCLASSIFIED

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2002ROME05252 - Classification: UNCLASSIFIED