WHO LETTER ON GMO'S: CARTAGENA PROTOCOL

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

NNNN
2003ROME02269 - Classification: UNCLASSIFIED