1. The FAO and the EU; interaction between legal orders & how does FAO see the EU? Françoise D. Schild Francoise.schild@minbuza.nl Permanent Representation of the Kingdom of the Netherlands to the UN organisations, Rome November 5, 2010 ©FAO/Giuseppe Bizzarri

2. 2 Structure I. Perspectives and elements in relation EU-FAO II. Comparing EU and FAO III. EU participation in FAO IV. Examples of interaction between EU and FAO EU as a partner in FAO’s field work Codex Alimentarius Commission World Committee on Food Security

3. I. Perspectives and elements in relation EU-FAO Perspectives to consider Perception of other Members of the Organisation (official meetings); Perception by the FAO Secretariat (official meetings & co-operation in the field) Perception of wider UN system (special status EU at FAO) Elements to consider Speaking time and negotiating power Role of and control over EU delegation (after Lisbon) Effectiveness and efficiency Speaking with one voice and coherence (effects Lisbon Treaty) Division of competences EU/MS Financial contributions to the work of FAO 30-1-2016 3

4. 4 II. Comparing EU and FAO European Union (EU)Food and Agriculture Organisation of the United Nations (FAO) NatureIntergovernmental, supranational Concluding treaties (arts. 209(2) and 214(4) TFEU) Intergovernmental Treatymaking body (art. XIV FAO Const) Policy fields (selection of some matching fields) Conservation marine resources (art. 3(1)(d) TFEU) agriculture and fisheries (art. 4(2)(d)TFEU) development and humanitarian aid (art. 4(4) TFEU) Commodity problems (CCP), fisheries (COFI), forestry (COFO), agriculture (COAG), world food security (CFS) (art. I FAO Const), technical assistance agriculture (art. I (3)(a) FAO Const), emergency assistance agriculture (Strategic Objective I) Membership27191, EU and MS part of European Regional Group

5. III. EU participation in FAO Since 1991 EU is a Member of FAO in the capacity of ‘regional economic integration organisation’ (‘REIO’; art. II (3-10) FAO Const.); EU participation is implemented based on ‘Declaration of Competences’ and interinstitutional arrangements between Council and Commission Before every FAO meeting a statement of voting and competences is submitted; clarifying to other FAO Members who (Member States or EU) has competence and who will vote;); EU Delegation speaks when there is EU competence EU Presidency or EU Delegation speaks when competences are shared, individual MS may intervene EU Presidency or individual MS speak when competences lie with the MS EU and MS exercise their voting rights alternatively (art. II (10) FAO Const.) Effects of entry into force Lisbon Treaty?

6. IV. Examples of interaction between EU and FAO 1.The EU as a partner to FAO’s work in the field (complementary competences EU and Member States) Financial and Administrative Framework Agreement (FAFA; co-operation UN-EU) 2003 Strategic Partnership EU-FAO (selection of policy fields) 2004 Annual high-level consultations between Commission and FAO Following FAO reform and entry into force of Lisbon Treaty negotiations between EU and three Rome Based Agencies ongoing on a new programmatic framework

7. IV. Examples of interaction between EU and FAO- continued 2. Codex Alimentarius Commission (EU competence mostly exclusive) 181 MS + EU (Member since 2003) Membership ‘…should help reinforce coherence between the standards, guidelines or recommendations and other provisions adopted by the Codex Alimentarius Commission and other relevant international obligations of the European Community’ (Council Decision 2003/882) Statement of competences submitted at each meeting There is no particular intra-European procedure for the transposition of Codex standards into EU legislation Codex standards are converted into EU regulations which are enforced by MS authorities (e.g. Aflatoxine)

8. IV. Examples of interaction between EU and FAO- continued 3. World Committee on Food Security (CFS, shared competence?) Council conclusions on an EU policy framework to assist developing countries in addressing food security challenges (May 2010); Commission Communication An EU policy framework to assist developing countries in addressing food security challenges ( COM(2010)127 final); Commission Communication Humanitarian Food Assistance (COM(2010) 126 final); Two way interaction: EU strived to influence the process beforehand Influence of CFS discussions in 2010 to be expected on both EU development actions and national development aid policies 30-1-2016 8