U.S. Department of State (1995)

Subject:

Request for host Government support for U.S. position on WMO resolution on meteorological data exchange.

From:

Secretary of State, Wash. DC

Date:

May 1995

1. Summary: Embassies are requested to make a demarche seeking host government support for the USG position opposing a resolution before the WMO Congress in June to establish restrictions on the practice of free and unrestricted exchange of meteorological data and products and recognizing the alternative of national legal and enforcement mechanism to address commercial issues.

2. The Department appreciates the wide response to our request last February for embassies to make a demarche expressing USG concerns on a proposal in a draft resolution before the WMO Congress in June to modify the WMO's traditional practice of free and unrestricted access exchange of meteorological data and asking for host government views on the proposal (RETFIL). RETFIL also contains background information for the embassy. Based on the recommendations of a working group established under the Committee on International Science, Engineering and Technology, U.S. Government has decided to oppose the part of the draft resolution calling for the establishment of a category of data, which receiving countries cannot export for commercial purposes. We recognize that alternative to this "two-tier" policy already exists. Namely, the use of legal and enforcement mechanisms (e.g., copyright and licenses) to address such commercial issues.

3. Hence at the Twelfth World Meteorological Congress the U.S. will oppose the resolution as it now stands. The Administrator of the National Oceanic and Atmospheric Agency, Dr. James Baker, who chaired the working group and who will lead the U.S. delegation to the WMO Congress, has been in contact with several of his counterparts in other countries to garner support for an alternative proposal for the use of national mechanisms that could serve as a consensus position at the WMO Congress. We will let you know if his efforts are successful.

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   Demarche Talking Points
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4. Embassies in countries that are WMO members are requested to make a demarche seeking host government support for the U.S. position of opposing the establishment of restrictions on the heretofore free and unrestricted exchange of data. Demarch should be directed at foreign ministry and/or technical ministries at a level responsible not only for meteorology but also for environment, oceans and science. Embassies should draw on the following talking points, which may be left in the form of a non-paper. We would appreciate a response as soon as possible.

5. Note: The talking points are written for embassies that have presented the first requested demarche. Other embassies should replace the opening of the first talking point ("In an earler demarche, the U.S. Government wishes to express to".

6. Begin talking points:

   • In an earlier demarche, the U.S. Government expressed to your government our concerns over draft WMO resolution 11.4, "WMO policy and new practice for exchange of meteorological an related data and products including guidelines on relationships in commercial meteorological activities," to be considered at the Twelfth Congress of the World Meteorological Organization in May-June 1955.

   • The first part of this proposed resolution would reaffirm the principle of free and unrestricted exchange of meteorological and related data among WMO members. However the second part of the resolution would establish a special "Tier-2" category of meteorological data and products that could not be exported from the receiving country for commercial purposes.

   • The U.S. Government vigorously promotes international acceptance of the principal of free and unrestricted access to meteorological and other forms of environmental data. This is consistent with the long-standing practice not only of the U.S. but also in WMO and other international bodies and conventions.

   • The adoption of the WMO proposal would alter a long-established international practice of free and unrestricted exchange of meteorological and other forms of environmental data and products to solve what is a national problem affecting only a small number of national weather services.

   • As written, the proposal would require enforcement by the country receiving the data and products. We believe that the resolution of conflicts between commercial activities should take place at the national level of the country originating the data and should use existing national legal enforcement mechanisms. This position recognizes WMO members' right to regulate commercial activities involving their own environmental data.

   • The U.S. National Academy of Sciences in a report dated March 1995, the American Meteorological Society, U.S. industry, and the U.S. academic communities, have expressed strong opposition to the proposed data restrictions. Their concerns focus on (A) the establishment of a precedent leading to restrictions on other types of environmental data; (B) the implications of restrictions on amounts of, access to, and use of archived data; (C) the potential for increasing levels of restrictions in the future, and (D) the encouragement of commercial cartels.

   • To explore the many scientific, commercial, and scientific issues raised by the two-tier proposal, the U.S. Government formed an interagency group under the Chair of NOAA Administrator Dr. James Baker, to study the proposed resolution and make recommendations for the U.S. position.

   • Based on Dr. Baker's recommendations, which were approved at at senior levels of all agencies involved, the U.S. Government will:
     1. Endorse the policy of broadening and enhancing the free and unrestricted international exchange of meteorological and related data products as stated in the WMO Draft Resolution 11.4 (CG-XII);
     2. Oppose the proposed Two-tier practice on international exchange of meteorological and related data products.
     3. Recognize the use of national legal and enforcement mechanisms to address commercial issues; and
     4. Endorse guidelines in the draft resolution for interaction amoung national weather services and the private sector.

   • To meet the concerns of other nations on the commercial use of environmental data, the U.S. Government will recommend that the WMO Secretariat be tasked with the monitoring and evaluating the impact of this resolution on the international echange of data and products over the next four years and with reporting the results to the Thirteenth World Meteorological Congress in 1999.

   • We believe the U.S. position takes into account the interests of all nations in maintaining and indeed strengthening the free and unrestricted exchange of access to environmental data. It also recognizes the existence of national mechanisms for nations wishing to protect their respective national meteorological services from commercial competition and avoids establishing new mechanisms for restricting international trade.

   • The U.S. Government respectively requests the support of your government in opposing the establishment of a restrictive Tier 2 category for international exchange of meteorological data and products and recognizing instead the use of existing national mechanisms to address commercial issues as well as recommending WMO monitoring and evaluation of the results.

   • The U.S. representative at the Twelfth Meteorological Congress, NOAA Administrator Dr. James Baker, looks forward to working positively and constructively with your nations representative.

Christopher