COMMUNICATION FROM THE COMMISSION TO THE COUNCIL The role of the European Union in the Food and Agriculture Organisation (FAO) after the Treaty of Lisbon: Updated Declaration of Competences and new arrangements between the Council and the Commission for the exercise of membership rights of the EU and its Member States
Date: 2013-05-29
Institutions: European Commission
Subjects: EU competence, FAO, Treaty of Lisbon, competence of the Member States, operation of the Institutions

EUROPEAN 
COMMISSION 

Brussels, 29.5.2013  
COM(2013) 333 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

The role of the European Union in the Food and Agriculture Organisation (FAO) after 
the Treaty of Lisbon: Updated Declaration of Competences and new arrangements 
between the Council and the Commission for the exercise of membership rights of the 
EU and its Member States 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

The role of the European Union in the Food and Agriculture Organisation (FAO) after 
the Treaty of Lisbon: Updated Declaration of Competences and new arrangements 
between the Council and the Commission for the exercise of membership rights of the 
EU and its Member States 

INTRODUCTION: THE EU AND THE FAO 

Since  1991,  the  European  Union,  alongside  its  Member  States,  has  been  a  Member 
Organisation of the Food and Agriculture Organization of the UN (FAO).  
The FAO and the two other Rome-based UN agencies1 are at the heart of international policy, 
playing  a  normative,  technical  and  operational  role  in  areas  such  as  nutrition,  agricultural 
productivity,  rural  development,  global  food  crisis  prevention,  transboundary  threats, 
sustainable  forest  management,  fisheries  and  aquaculture,  water  and  land,  animal  and  plant 
production  and  health,  capacity  development  for  information  and  statistics,  global  standard 
setting, trade and commodities, development and humanitarian aid; areas that are all central to 
the EU.  

Through  its  membership  of  FAO  and  its  strategic  partnership  agreements  with  the  three 
Rome-based  UN  agencies,  the  EU  has  demonstrated  its  willingness  to  engage  in  policy 
dialogue at the highest level. This is complemented by substantial financial contributions to 
all three organisations. Taken together, these three bodies constitute the principal international 
policy fora on policy issues in areas of food and agriculture where a strong EU involvement is 
essential. 

The work that the FAO does is vital in advancing the international food security agenda. The 
FAO's  mandate  touches  on  core  EU  policy  areas  and  it  is  essential  that  the  EU  is  able  to 
engage  with  the  FAO  in  all  of  these  areas  so  as  to  ensure  that  policies,  guidelines  and 
principles adopted at international level take good account of EU policies. The EU needs to 
show that the critical role it plays in responding to the challenges of global food insecurity, by 
virtue of its position as the world's largest donor, is backed up by a sound policy component. 
This will be particularly important as the EU embarks on innovative initiatives on resilience 
and nutrition which coincide with the programming exercise which takes us up to end 2020. 
This is also a period which will see intensification of the post-2015 Millennium Development 
Goals  (MDG)  discussions,  including  on  the  formulation  of  Sustainable  Development  Goals 
(SDGs), where the EU will want to play a decisive and strong role. 

The FAO's mandate covers areas that are at the core of EU policies and indeed of its role in 
the world. Recent examples illustrate the EU’s involvement and interest in the work of FAO. 
The  EU  has  participated  in  negotiations  which  resulted  in  adoption  of  the  Voluntary 
Guidelines  for  the  Responsible  Governance  of  Tenure  of  Land,  Forests  and  Fisheries 
(VGGT),  the  Agreement  on  Port  State  Measures  to  Prevent,  Deter  and  Eliminate  Illegal, 
Unreported  and  Unregulated  Fishing  and  the  Voluntary  Guidelines  on  Flag  State 
Performance.  It  is  active  in  current  discussions  on  the  principles  that  should  govern 
responsible  agricultural  investment.  The  EU  actively  contributes  to  the  work  of  the 
International  Treaty  on  Plant  Genetic  Resources  for  Food  and  Agriculture.  As  a  member 
organisation,  the  EU  also  provides  the  necessary  and  available  statistical  data  in  the  policy 
areas covered by the FAO. The EU is frequently represented at political level when topics of 

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World Food Programme (WFP) and International Fund for Agricultural Development (IFAD)  

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international  interest,  such  as  the  recent  food  crises  in  the  Sahel  and  the  Horn  of  Africa  or 
rising food prices, demand an international response.  

The EU is also a strong advocate of FAO reform and the reform of the Committee on World 
Food  Security  (CFS),  an  intergovernmental  body  set  up  by  FAO  to  review  and  follow-up 
policies on world food security, supporting financially and politically both reform processes.  

Between  2006  and  2011,  an  average  of  over  €1  b illion  was  allocated  every  year  for  rural 
development,  territorial  planning,  agriculture  and  food  security.  Sustainable  agriculture  and 
food  and  nutrition  security  are  at  the  top  of  the  EU's  long-term  development  cooperation 
agenda  and  are  an  important  aspect  of  our  dialogue  with  partner  governments  and 
international  organisations  such  as  the  FAO.  At  the  same  time,  addressing  emergency  food 
and nutrition needs is a priority for the EU.  

Therefore at policy level, it is essential that the EU engages more effectively with the FAO. 
As the world's largest donor to food security, the EU has a critical role to play in responding 
to the challenges to global food security.  

The role of the European Union in the FAO after the Treaty of Lisbon 

Since  the  entry  into  force  of  the  Treaty  of  Lisbon,  the  Union's  external  representation  is 
ensured  by  the  Commission  in  all  areas  other  than  Common  Foreign  and  Security  Policy 
(CFSP),  where  the  Union  is  represented  by  the  President  of  the  European  Council  and  the 
High  Representative  for  Foreign  Affairs  and  Security  Policy.  The  Union  Delegations 
represent the EU both for CFSP and non-CFSP matters in third countries and at international 
organisations.  As  the  FAO  deals  only  with  non  CFSP  issues,  the  relevant  EU  actors  are 
therefore the Commission and the EU Delegation accredited to the FAO.  

The  Treaties  also  provide  for  a  close  and  sincere  cooperation  between  the  Union  and  its 
Member States. In the FAO, like in other international organisations, all efforts shall be made 
to ensure that the interaction between the EU actors and the EU Member States is consistent. 
They shall coordinate their action to the fullest extent possible, in the light of key principles 
such as the unity of representation, transparency and sincere cooperation.  

Providing  the  Union  and  its  Member  States  with  the  means  to  act  more  effectively  and 
coherently  in  the  FAO  is  part  of  a  broader  strategy  pursued  by  the  Commission  for  the 
progressive  improvement  of  the  EU's  participation  in  international  organisations  and  other 
fora and is in line with the European Parliament’s resolution of 11 May 2011: “The EU as a 
global actor: its role in multilateral organisations”2.  

Unlike  many  organisations  in  which  status  limitations  restrict  the  EU's  ability  to  participate 
efficiently, the EU is already a Member Organisation of the FAO. Hence, there is no change 
needed in that respect. A coherent, comprehensive and unified external representation of the 
EU  can  be  achieved,  on  the  one  hand,  by  submitting  to  the  FAO  a  new  declaration  of 
competences to replace the last Declaration of competences issued in 1994 and, on the other 
hand,  by  replacing  the  current  internal  arrangements  between  the  Council  and  the 
Commission dating from 1991, updated in 1992 and 1995. 

Neither the new Declaration of competences, nor the new arrangements affect in any way the 
division  of  competences  between  the  EU  and  its  Member  States  as  provided  for  under  the 
Treaties. 

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P7_TA-PROV(2011)0229 

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THE DECLARATION OF COMPETENCES 

Under Article II, paragraph 7, of the Constitution of the FAO, the EU is bound to submit to 
the  FAO  any  change  regarding  the  distribution  of  competences  between  the  EU  and  its 
Member States.  

The  last  Declaration  of  competences  of  the  European  Community  to  the  FAO  dates  from 
19943. Since then, the competences conferred upon the EU by the Treaties which are relevant 
for  the  activities  of  the  FAO  have  evolved  substantially.  Furthermore,  the  Treaty  of  Lisbon 
has clarified the legal framework applicable to the division of competences between the EU 
and its Member States.  

Against  this  backdrop,  it  is  deemed  necessary  to  submit  to  the  FAO  a  new  declaration  of 
competences.  

The  Declaration  of  competences  should  list  the  competences  conferred  upon  the  EU  by  the 
Treaties  which  are  most  relevant  for  the  activities  of  the  FAO.  Given  possible  future 
evolutions  of  the  division  of  competences  between  the  EU  and  its  Member  States  and  the 
mere  declaratory  character  of  such  a  declaration  of  competences,  the  Declaration  should  be 
kept  general  while  allowing  other  members  of  the  FAO  to  be  informed  of  the  exercise  of 
membership rights in combination with the information note to be submitted by the EU to the 
FAO in relation to the specific meetings of the bodies of the FAO. 

The Declaration of competences will replace the one made in 1994 which currently applies to 
most bodies and agreements of the FAO, including the central bodies of the FAO. Therefore, 
this  new  Declaration  of  competences  should  allow  the  EU  to  clarify  its  relations  with  the 
institutionally most important organs of the FAO. It is, however, appropriate, at this stage, not 
to  include  in  this  exercise  FAO  bodies  and  agreements  for  which  the  EU  has  submitted  a 
specific  declaration  of  competences.4  The  Commission  is  in  the  process  of  assessing  these 
specific  declarations  of  competences  in  view  of  their  possible  future  revision,  taking  into 
account the obligations stemming from the Constitution of the FAO, as well as the on-going 
discussions within the international bodies concerned and the evolving nature of the relevant 
EU legislative framework. Appropriate Commission initiatives to revise them are planned to 
start as of 2014.  

THE NEW ARRANGEMENTS ON THE EXERCISE OF MEMBERSHIP RIGHTS 

The internal coordination for the preparation and exercise of membership rights in the FAO is 
currently  regulated  by  an  arrangement  concluded  in  1991  between  the  Council  and  the 
Commission5. It has been revised in 19926 and 19957 to clarify certain practices in terms of 
speaking  and  voting  rights.  The  Court  of  Justice  has  had  the  occasion  to  decide  that  such 
arrangements are legally binding upon the institutions8. 

These  arrangements  require  revision  for  several  reasons.  In  practice,  their  application  has 
constantly  led  to  time-consuming  discussions  on  the  division  of  competences.  This  has  not 
left sufficient time for the relevant Council preparatory bodies to elaborate on the substance of 

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Letter of the President of the Council of the European Union of 4 October 1994 (8406) 
General Fisheries Commission for the Mediterranean (GFCM); Agreement on Port State Measures to 
Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSM) ; Codex Alimentarius 
Commission; International Plant Protection Convention (IPPC) 
Council document 10478/91 of 18/12/1991 
Council document 9050/92 of 7 October 1992 
Council document 8460/95 of 26 June 1995 
Case C-25/94 of 19.3.1996 

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the  positions  to  be  taken  in  view  of  FAO  meetings.  Furthermore,  they are  no longer in line 
with the provisions of the Lisbon Treaty. 

Any  new  arrangements  should  be  seen  as  a  tool  to  allow  the  Council  to  improve  and  fully 
exercise  its  role  in  EU  policy  making  and  also  to  ensure  that  the  Commission  and  the  EU 
Delegations, as external actors of the EU, can effectively represent the EU in the FAO.  

They  should  ensure  a  more  effective  preparation  of  FAO  meetings.  In  particular,  sufficient 
time shall be given to the relevant preparatory bodies of the Council to consider lines to take 
or, where necessary, provisional statements which reflect existing EU positions.  

Where  there  is  no  existing  EU  position  or  where  conditions  or  circumstances  have 
substantially  changed,  it  shall  be  ensured  that  the  Council  can  carry  out  its  policy-making 
functions  by  agreeing  upon  an  EU  position  in  accordance  with  the  relevant  Treaties’ 
provisions  in  due  time  before  FAO  meetings.  Finally,  common  positions  of  the  EU  and  its 
Member States shall be established in all cases where agenda points of the FAO relate to areas 
for  which  EU  positions  cannot  suffice  on  their  own  to  cover  the  whole  agenda  items  in 
question.  

As these new arrangements should enable the EU and its Member States to achieve coherent, 
comprehensive and unified external representation, all EU positions should be expressed from 
behind the EU nameplate. Therefore, EU actors and the Member State holding the Presidency 
of  the  Council  should  collaborate  closely,  in  particular  for  the  presentation  of  common 
positions.  

The  new  arrangements  between  the  Council  and  the  Commission,  regarding  the  exercise  of 
membership  rights  of  the  EU  and  its  Member  States,  should  replace  the  arrangements  of 
1991/95.  In  doing  so,  namely  replacing  the  1991/95  arrangements  which  have,  in  practice 
caused  lots  of  difficulties  and  lengthy  discussions,  the  Council  and  the  Commission  would 
agree to a better and effective way to prepare the meetings of the most central bodies of the 
FAO. Given the nature of these arrangements, namely the exercise of membership rights of 
the EU and its Member States, they should apply to all FAO bodies and agreements except to 
those in which only the EU is member, or, conversely, of those in which only the EU Member 
States are members or bodies for which specific arrangements apply.9 The Commission will 
start as of 2014 to assess these specific arrangements in view of their possible revision.  

ACCOMPANYING MEASURES TAKEN BY THE COMMISSION AND THE EU DELEGATION 

The  Commission  is  committed  to  ensure  that  it  makes  available  the  necessary  resources  to 
effectively participate in the work of FAO. A number of measures have already been taken in 
this  respect.  The  EU  Delegation  in  Rome  has  been  strengthened  by  two  additional  posts 
covering  the  humanitarian  and  agricultural  portfolios.  In  addition,  there  will  be  systematic 
mobilization of expertise from Headquarters when the need arises and a greater involvement 
in contributing to policy discussions taking place in the FAO.  

It is noted that, at present, the EU is not entitled to participate in the three FAO committees 
with  restricted  membership  (Finance  Committee, Programme Committee and Committee on 
Constitutional  and  Legal  Matters).  This  is  by  virtue  of  its  status  as  member  organisation, 

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1993  FAO  Agreement  to  Promote  Compliance  with  International  Conservation  and  Management 
Measures  by  Fishing  Vessels  on  the  High  Seas;  2009  Agreement  on  Port  State  Measures  to  Prevent, 
Deter  and  Eliminate  Illegal,  Unreported  and  Unregulated  Fishing  (PSM);  General  Fisheries 
Commission  for  the  Mediterranean  (GFCM);  Indian  Ocean  Tuna  Commission  (IOTC);  Codex 
Alimentarius  Commission  ;  European  Commission  for  the  Control  of  Foot-and  Mouth  Disease 
(EuFMD); International Plant Protection Convention (IPPC);  

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which comes with these limitations. Considering the financial weight of the EU in the FAO, 
and the strong link between governance and thematic questions since the reform, this situation 
hampers  the  EU's  ability  to  participate  fully  in  all  aspects  of  FAO  work  and  needs  to  be 
addressed. The more general question of a formal role for the EU in Committees (chair, co-
chair)  also  needs  to  be  addressed  in  the  near  future  to  achieve  coherence  with  the  Lisbon 
Treaty.  

CONCLUSIONS 

Given the above, the Commission proposes that: 

• 

• 

the  Council  takes  note  of  the  Declaration  of  competences  set  out  in  Annex  1  to  be 
submitted to the FAO, in accordance with Article 221 TFEU, by the EU Delegation 
in Rome in replacement of the Declaration of competences of 1994.  

the Council and the Commission agree on the arrangements set out in Annex 2 to be 
applied as of the date of the agreement on the Arrangements regarding the exercise 
of membership rights in the FAO. 

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Annex 1 

DECLARATION OF COMPETENCES BY THE EUROPEAN UNION IN RESPECT OF 
MATTERS COVERED BY THE CONSTITUTION OF THE FOOD AND AGRICULTURE 
ORGANISATION OF THE UNITED NATIONS (FAO) 

(Pursuant to the General Rules of the FAO) 

As  a  member  organisation  of  the  Food  and  Agriculture  Organisation  (FAO)  the  European 
Union  (EU)  submits,  in  accordance  with  Article  II,  paragraph  7,  of  the  Constitution  of  the 
FAO, the following Declaration of competences specifying the categories and policy areas in 
respect of which the Member States of the EU have conferred competences upon the EU in 
the areas covered by the FAO.  

This  Declaration  of  competences  applies  to  all  FAO  bodies  and  agreements,  with  the 
exception  of  those  for  which  there  is  a  specific  declaration  of  competences1.  It  replaces  the 
one that has been submitted to the FAO in 19942. 

GENERAL PRINCIPLES 

1. 
The FAO has already been informed3 that, as of the entry into force of the Treaty of Lisbon on 
1 December 2009, the EU has replaced and succeeded the European Community and that, as 
of that date, the Delegation of the European Commission accredited to the FAO has become 
the Delegation of the EU. Under Article 1, third paragraph, of the Treaty on European Union 
(TEU),  the  EU  is  founded  on  the  TEU  as  well  as  on  the  Treaty  on  the  Functioning  of  the 
European Union (TFEU). 

The  areas  of  competence  of  the  EU  are  set  out  in  Articles  2  to  6  TFEU.  Where  the 
competence is shared between the EU and its Member States and to the extent that the EU has 
not  exercised  its  competence  or  has  decided  to  cease  exercising  its  competence,  Member 
States shall exercise their competence. Competences not attributed to the EU by the Treaties 
fall within the competences of the Member States of the EU. 

On  the  basis  of  this  Declaration  and  in  accordance  with  Article  II,  paragraph  8,  of  the 
Constitution  and  Rule  XLII  of  the  General  rules  of  the  Organisation  (FAO),  the  EU  will 
submit  to  the  FAO,  when  required,  before  a  meeting  of  an  FAO  body,  an  information  note 
relating to the exercise of the membership rights by either the EU or its Member States with 
respect to the subject matters covered by that meeting4. 

In accordance with Article II, paragraph 10, of the Constitution (FAO), in policy areas falling 
within  the  competences  of  the  EU,  as  set  out  below,  the  EU  will  exercise  the  membership 
rights; in policy areas where both the EU and its Member States have competences to act in 
the FAO, as set out below, either the EU or its Member States will exercise the membership 
rights of both the EU and its Member States. 

The distribution of competences between the EU and its Member States, as set out below, is, 
by its nature, subject to change. Whenever changes arise which affect the list below, the EU 

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General  Fisheries  Commission  for  the Mediterranean"  (GFCM); Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated 
Fishing (PSM) ; Codex Alimentarius Commission; International Plant Protection Convention (IPPC) 
Letter of the President of the Council of the European Union of 4 October 1994 (8406). 

Note verbale dated 27 November 2009. 

The EU considers that the systematic submission of such an information note is not required for meetings or specific agenda points thereof where either a vote is not envisaged or the division of competence between the EU and its 
Member States results directly from the present declaration of competence. 

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reserves  the  right  to  amend  this  declaration  accordingly,  without  this  constituting  a 
prerequisite for the exercise of its competences in matters covered by the FAO. 

2. 

2.1. 

2.2. 

COMPETENCES OF THE EU 

Only the EU has the competence to act in the FAO in the policy areas listed in 
Article  3(1)  TFEU,  namely  the  customs  union,  the  establishing  of  the 
competition  rules  necessary  for  the  functioning  of  the  internal  market,  the 
monetary  policy  for  the  EU  Members  States  whose  currency  is  the  euro,  the 
conservation of marine biological resources under the common fisheries policy 
and the common commercial policy. 

In  addition,  in  certain  policy  areas,  listed  in  particular  in  Article  4(2)  TFEU, 
only the EU may act in the FAO insofar as the EU has adopted common rules 
which may be affected by actions taken by the FAO or where external action of 
the EU is necessary to enable the EU to exercise its internal competences. These 
policy areas are, in particular: 

– 

the  internal  market,  including  measures  with  the  aim  of  establishing  or 
ensuring  the  functioning  of  the  internal  market  (Article  26(1)  TFEU),  the 
approximation of laws (Articles 114 to 118 TFEU) and the free movement of 
goods, persons, services and capital (Articles 28 to 37, 45 to 66 TFEU); 

– 

agriculture and rural development, in particular action to: 

• 

• 

• 

• 

• 

• 

increase agricultural productivity in a sustainable manner, in line with the 
Union's  action  in  the  field  of  environmental  policy,  climate  change, 
forestry and energy; 

stabilise markets, control price volatility, assure the availability of supply 
and guarantee food security; 

pursue  the  objectives  of  the  common  commercial  policy  in  respect  of 
agricultural products;  

ensure a fair standard of living for agricultural communities; 

ensure that supplies reach consumers at reasonable prices; 

ensure the economic development of agricultural regions and rural areas. 

– 

– 

– 

fisheries other than the conservation of marine biological resources, as well as 
aquaculture; 

environment,  including  measures  to  be  adopted  under  Article  192  TFEU  in 
order to achieve the objectives of the EU policy set out in Article 191 TFEU, 
namely  to  preserve,  protect  and  improve  the  quality  of  the  environment,  to 
protect  human  health,  to  ensure  prudent  and  rational  utilisation  of  natural 
resources,  including  forests  and  to  promote  measures  at  international  level  to 
deal  with  regional  or  worldwide  environmental  problems,  and  in  particular 
combating climate change;  

energy, including measures to be adopted under Articles 170, 192 and 194 (2) 
TFEU in order to achieve the objectives of the EU policy set out in the Article 
194  TFEU  in  the  context  of  the  establishment  and  functioning  of  the  internal 
market and with regard to the need to preserve and improve the environment, 
namely  to  ensure  the  functioning  of  the  energy  market,  to  ensure  security  of 

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energy supply in the EU, promote energy efficiency and energy saving and the 
development  of  new  and  renewable  forms  of  energy  and promote  the 
interconnection of energy networks; 

– 

measures  to  be  taken  pursuant  to  Article  168(4)  TFEU  related  to  common 
safety  concerns  in  public  health,  including  measures  to  set  high  standards  of 
quality  and  safety  of  organs  and  substances  of  human  origin  as  well  as  for 
medicinal  products  and  devices  for  medical  use  and  measures  in  relation  to 
food and feed, in the veterinary and phytosanitary fields. 

3. 

3.1. 

COMPETENCES OF THE EU AND ITS MEMBER STATES  

In certain policy areas, both the EU and its Member States have competences to 
act in the FAO, including, in particular: 

– 

– 

– 

– 

– 

– 

Research and development and space including measures to be adopted under 
Article 180 TFEU in order to carry out activities regarding the definition and 
implementation  of  research,  technological  development  and  demonstration 
programmes by promoting cooperation and dissemination of results; 

Development cooperation including measures to be adopted under Article 209 
TFEU in order to achieve the objectives of the EU policy set out in Article 208 
TFEU, namely the reduction and eradication of poverty, and food security and 
nutrition;  

Humanitarian  aid,  including  activities  carried  out  by  the  EU,  as  well  as  legal 
and policy measures adopted by the latter, intended to achieve the humanitarian 
aid  objectives  specified  in  Article  214(1)  TFEU,  namely  providing  ad  hoc 
assistance  and  relief  and  protection  for  people  in  third  countries  who  are 
victims  of  natural  or  man-made  disasters,  in  order  to  meet  the  humanitarian 
needs resulting from these different situations; 

Protection and improvement of human health; 

Industry,  including  measures  encouraging  a  favourable  environment  for  the 
competiveness  of  industry  and  particularly  for  small  and  medium-size 
enterprises; 

Tourism,  including  the  encouragement  of  a  favourable  environment  for  the 
development of the tourism industry. 

3.2. 

As members of the FAO, both the EU and its Member States have competences 
to  act  in  the  FAO  with  regard  to  organisational  and  procedural  matters, 
including  legal  and  budgetary  issues,  election  of  chairpersons,  adoption  of 
agendas and reports. 

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Annex 2 

ARRANGEMENTS BETWEEN THE COUNCIL AND THE COMMISSION REGARDING 
THE EXERCISE OF MEMBERSHIP RIGHTS OF THE EUROPEAN UNION AND ITS 
MEMBER STATES IN THE FOOD AND AGRICULTURE ORGANISATION (FAO) 

1. 

SCOPE AND GENERAL PRINCIPLES 

These  arrangements  apply  to  the  preparation  and  exercise  of  membership  rights  of  the 
European  Union  (EU)  and  its  Member  States  in  all  FAO  bodies  and  agreements,  including 
drafting  committees.  They  do  not  apply  to  bodies  and  agreements  in  which  only  the  EU  is 
member, or conversely, of those in which only the EU Member States are members or bodies 
for  which  specific  arrangements  apply.14  These  arrangements  replace  the  arrangements 
concluded in 1991 (Doc. 10478/91, Annex II.a), updated in 1992 (doc. 9050/92, Annex II.b) 
and in 1995 (ref. 8460/95, Annex II.c).  

These  arrangements  shall  be  applied  in  full  respect  of  the  principle  of  sincere  cooperation 
provided  for  in  Articles  4(3)  and  13(2)  TEU  so  to  enable  the  EU  to  achieve  coherent, 
comprehensive and unified external representation. 

These  arrangements  do  not  affect  the  distribution  of  competences  between  the  EU  and  its 
Member States or the allocation of powers between the institutions under the Treaties. Neither 
do  they  affect  the  decision-making  procedures  for  the  adoption  of  EU  positions  by  the 
Council as set out in the Treaties. These arrangements do not prejudge future similar exercises 
for other international organisations. 
For the purpose of these arrangements and in line with case-law of the Court of Justice15, a 
matter is covered by an EU position either where this matter is subject to EU legislation or an 
EU policy established by other means (such as general guidelines, Council conclusions, EU 
strategies  or  EU  concerted  actions)  or  where  such  an  EU  position  is  established  for  the 
purpose of the relevant FAO meeting.  

2. 

PREPARATION OF FAO MEETINGS 

2.1. 

Fora for coordination 

All issues related to the preparation and exercise  of  membership rights in  the FAO  shall be 
submitted to the relevant preparatory bodies of the Council (i.e. Coordination Working Party 
(FAO), Fisheries, Forestry or Phytosanitary Measures Working Parties) in Brussels.  

All efforts shall be made to reach an agreement in these Working Parties in a spirit of sincere 
cooperation. Where an agreement cannot be reached in the Working Parties, the matter shall 
be  submitted  to  COREPER  and,  where  necessary,  to  the  Council  in  due  time  before  the 
relevant FAO meeting.  

When  necessary,  local  coordination  meetings  may  take  place  in  Rome  or  elsewhere 
(depending on the venues of the FAO meetings). They shall be prepared and presided over by 
the EU Delegation accredited to FAO or, where the FAO meeting takes place outside Rome 
and the EU Delegation accredited to FAO is unable to take up this duty, by the EU Delegation 
in the country hosting the meeting or, otherwise, by the Representation of a Member State in 

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15

1993 FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on 
the  High  Seas;  2009  Agreement  on  Port  State  Measures  to  Prevent,  Deter  and  Eliminate  Illegal,  Unreported  and  Unregulated 
Fishing (PSM); General Fisheries Commission for the Mediterranean (GFCM); Indian Ocean Tuna Commission (IOTC); Codex Alimentarius Commission; European 
Commission for the Control of Foot-and Mouth Disease (EuFMD); International Plant Protection Convention (IPPC);  
Case C-246/07 Commission v Sweden [2010] ECR I-3317. 

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that  country  or  the  Commission,  in  collaboration  with  the  EU  Delegation  to  FAO.  The 
purpose of these local coordination meetings is to address unforeseen issues. These meetings 
cannot alter substantially EU positions, common positions, lines to take or statements which 
are established in accordance with point 2.3 below. 

2.2. 

"Information note" with regard to the exercise of membership rights of the EU 
and its Member States  

Where required under Rule XLII, paragraph 2, of the FAO-General Rules of the Organisation, 
on  receipt  of  the  agendas  from  the  FAO,  the  Commission  shall  submit  to  the  General 
Secretariat  of  the  Council  a  draft  of  the  provisional  "information  note"  with  regard  to  the 
exercise of the membership rights of the EU and its Member States (hereinafter referred to as 
the "provisional information note").  

The provisional information note shall set out the provisional distribution of tasks and, where 
applicable, the casting of votes in the FAO bodies concerned.  

In case a Member State disagrees with the Commission’s draft of the provisional information 
note, it shall explain its reasons in writing at the latest two working days before the relevant 
Working Party meeting.  

The Commission shall transmit the provisional information note to the Delegation of the EU 
accredited to FAO in Rome for further transmission to FAO. 

The  transmission  of  the  provisional  information  note  is  without  prejudice  to  possible 
subsequent modifications to be transmitted to the FAO. This may be the case, in particular, 
where  EU  positions  or  common  positions  (which  may  take  the  form  of  lines  to  take  or 
statements)  are  established  only  after  the  transmission  the  provisional  information  note, 
and/or due to the late reception of background documents from the FAO.  

2.3. 

Preparation and adoption of lines to take and of voting intentions 

2.3.1.  The  positions  to  be  taken  by  the  EU  or  the  EU  and  its  Member  States  in  the  FAO 
shall, in principle, take the form of lines to take, leaving the external actors sufficient 
flexibility to represent the interests of the EU and/or its Member States in the most 
efficient way. Only where considered necessary, positions should be set out fully in 
statements.  The  power  to  act  on  the  basis  of  lines  to  take  or  to  deliver  statements 
shall also cover the casting of votes.  

2.3.2.  For agenda  items  covered by existing  EU  positions16, the Commission  shall inform 
the Council of draft EU lines to take which shall reflect these existing EU positions. 
In  accordance  with  the  principle  of  sincere  cooperation  and  in  order  to  allow  the 
Commission  to  draw  on  all  available  expertise,  Member  States  may  submit 
observations which the Commission shall take into account, when finalising the EU 
lines to take. 

2.3.3.  For agenda items not covered by existing EU positions17, but where it is necessary or 
deemed  appropriate  to  establish  an  EU  position  for  that  purpose,  the  Commission 
shall submit to the Council for endorsement a draft EU position (which may take the 
form of lines to take or statements; see point 2.3.1.). 

The same principles shall apply where existing EU positions have to be substantially 
adapted for the purpose of a position to be taken in the FAO.  

16

17

Including agenda items which also contain ancillary elements not covered by an EU position. 
Including agenda items which also contain ancillary elements already covered by an EU position. 

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In  preparing  its  drafts,  the  Commission  will  draw  upon  expertise  from  Member 
States when appropriate.  

2.3.4.  Common  lines  to  take  of  the  EU  and  its  Member  States  shall  be  established  for 

agenda items which: 

2.3.4.1.  cover policy areas of cooperation with third countries and humanitarian aid (Part V, 
Title  III  of  TFEU)  and  for  which  it  is  deemed  appropriate  that  the  EU  and  its 
Member States deliver joint statements referring to their respective actions in these 
areas; or 

2.3.4.2.  are partly covered by an EU position but, at the same time, are intrinsically linked to 

matters for which the adoption of an EU position is excluded; or 

2.3.4.3.  cover  organisational  and  procedural  matters,  such  as  election  of  chairpersons, 

adoptions of agendas and reports. 

Drafts  for  the  establishment  of  these  common  lines  to  take  shall  be  submitted  by  the 
Commission for the cases referred to in 2.3.4.1. and 2.3.4.2. and by the Member State holding 
the rotating Presidency of the Council for the cases referred to in 2.3.4.3.  

2.3.5.  For  agenda  items  not  covered  by  EU  or  common  positions,  Member  States  inform 
each  other  as  well  as  the  EU  Delegation  and  the  Commission  about  their  draft 
positions and voting intentions. 

2.3.6.  Any  drafts  shall  be  submitted  to  the  relevant  preparatory  body  of  the  Council 

wherever possible 5 working days before the meeting of that body. 

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3. 

3.1. 

3.2. 

3.3. 

INTERVENTIONS AND CASTING OF VOTES IN FAO BODIES 

The EU Delegation and/or the Commission act on the basis of EU lines to take 
or deliver EU statements "on behalf of the EU" (and, where applicable, cast the 
respective vote). 

The EU Delegation and/or the Commission act on the basis of common lines to 
take  or  deliver  common  statements  "on  behalf  of  the  EU  and  its  Member 
States" (and, where applicable, cast the respective vote).  

However, in the following cases, an entrusted Member State acts on the basis of 
common lines to take or delivers common statements "on behalf of the EU and 
its Member States" (and, where applicable, casts the respective vote): 

– 

– 

In cases under 2.3.4.2, where the common position primarily contains elements 
not covered by an EU position. This distribution of tasks shall be made on the 
basis of the main expected impact of the policy pursued within the FAO on the 
EU or on its Member States.  

For organisational and procedural matters, such as the election of chairpersons, 
adoptions of agendas and reports.  

3.4.  Member  States  deliver  statements  on  their  own  behalf  (and,  where  applicable, 

cast the respective vote).  

3.5. 

4. 

4.1. 

4.2. 

4.3. 

As  regards  the  three  FAO  committees  with  restricted  membership  (Finance 
Committee,  Programme  Committee  and  Committee  on  Constitutional  and 
Legal Matters), which so far do not extend to the EU, the nominated member(s) 
from the EU Member State(s) that sit(s) in these committees shall be entrusted, 
where applicable, to deliver EU statements or common statements and cast the 
vote, if the need arises.  

PRACTICALITIES 

EU  statements  or  common  statements  are  delivered  from  behind  the  EU 
nameplate.  EU  statements  are  delivered  "on  behalf  of  the  EU”.  Common 
statements are delivered “on behalf of the EU and its Member States".  

In  order  to  gain  the  best  available  expertise  and  reinforce,  where  necessary, 
their  resources,  the  EU  Delegation  and/or  the  Commission  may  decide  for 
specific meetings of the FAO, to draw upon experts of Member States who may 
be asked to take the floor to further elaborate on the statements, speaking from 
behind the EU nameplate.  

Questionnaires: The Commission will reply to the Questionnaires that the FAO 
sends  to  the  EU.  Before  the  Commission  returns  the  completed  questionnaires 
to the FAO, it will send them to the Council for comments. Member States will 
have 10 days to react.  

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