This record is a partial extract of the original cable. The full text of the original cable is not available.

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 
 
PAGE 03        ROME  05252  05 OF 05  280814Z 
TO COMPROMISE EARLIER AND OPPONENTS WILL BECOME MORE 
OBDURATE.  HALL 
 
                       UNCLASSIFIED 
 
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 2002ROME05252 - Classification: UNCLASSIFIED