ITALIAN BACKGROUND TO THE BT-11

UNCLAS ROME 005567

SIPDIS


STATE FOR EUR/ERA, EUR/UBI, EB/TPP/ABT -MALAC
USTR FOR R. WHITE
USDA/FAS-BIOTECH GROUP - E. JONES

E.O. 12958: N/A


TAGS: EAGR TBIO ETRD EU IT FAO
SUBJECT: ITALIAN BACKGROUND TO THE BT-11
CORN ABSTENTION

REF: STATE 337475


1. SUMMARY: THIS RESPONDS TO REFTEL AND
EXPLAINS THE PROCESS OF GOI TECHNICAL REVIEW
OF SYNGENTA'S BT11 BIOTECH SWEET CORN
APPLICATION. THE GOI REQUESTED MORE TIME
TO REVIEW AN OPINION OF THE BT11 APPLICATION.
THE EU COMMISSION DENIED THE REQUEST.
AS A RESULT, ITALY ABSTAINED. A GOI TECHNICAL
INDEPENDENT COUNCIL ALSO REVIEWED THE AMATO
DECREE AND RECOMMENDED IT BE REPEALED. END SUMMARY


2. OUR SOURCES HAVE TOLD US THAT AN INDEPENDENT
SUPREME COUNCIL ON HEALTH (CONSIGLIO SUPERIORE
DI SANITA', CSS) WROTE A FAVORABLE OPINION OF
THE EU TECHNICAL EVALUATION OF BIOTECH SWEET CORN
AND THAT THIS OPINION WAS DELIVERED TO THE MINISTRY
OF HEALTH ON THE MORNING OF DECEMBER 5. A MINISTRY
OFFICIAL DELAYED SENDING THIS REPORT TO THE MINISTER
OF HEALTH. THE WEEKEND WAS FOLLOWED BY THE DECEMBER
8 HOLIDAY IN ITALY. THE MINISTER OF HEALTH DID NOT
READ THE CSS REPORT BEFORE GIVING THE INSTRUCTIONS
TO GOI REPS IN BRUSSELS. THEREFORE, GOI DELEGATES
WERE INSTRUCTED TO FIRST REQUEST THAT THE COMMISSION
DELAY THE VOTE. WHEN THE COMMISSION DECLINED TO ACT
ON THE REQUEST, THE GOI VOTED TO ABSTAIN.


3. IN RESPONSE TO REFTEL QUESTIONS ABOUT
WHAT IT WILL TAKE TO CHANGE THE VOTE, IT IS
OBVIOUS THAT A POSITIVE TECHNICAL REVIEW,
WHILE NECESSARY, IS NOT SUFFICIENT FOR A
FAVORABLE VOTE. THE CONDITION THAT IS
LACKING IS POLITICAL WILL. THE CHANGE IN THE
VENUE FROM THE COMMITTEE TO THE AG COUNCIL
HAS SERIOUS IMPLICATIONS AS IT REMOVES THE
DECISION FROM THE MINISTRY OF HEALTH,
RELATIVELY SCIENCE-FRIENDLY, TO THE MINISTRY
OF AGRICULTURE, DECIDEDLY ANTI-BIOTECH AND
LIKELY TO ESCHEW SCIENCE-BASED REASONING IN
FORMULATING A POSITION. ITALY'S MINISTRY OF
AGRICULTURE, IF LEFT TO ACT ON ITS OWN
ACCORD, IS EXPECTED TO VOTE AGAINST THIS
APPLICATION. AGRICULTURE MINISTER GIANNI
ALEMANNO ISSUED A PRESS RELEASE ON THE RESULT
OF THE FIRST VOTE, SAYING THAT HE WAS
SATISFIED WITH THE OUTCOME AND THAT VOTING
THE APPLICATION USING POLITICAL INPUT WAS THE
CORRECT WAY TO EVALUATE THE APPLICATION.

4.IN ADDITION TO THE REVIEW OF THE BT SWEET CORN,
ITALY'S TECHNICAL OPINION FROM THE CSS HAS A SECOND
SECTION. THIS SECOND PART PROVIDES A RESPONSE TO THE
COMMISSION ON THE AMATO DECREE. THE CSS OPINION IS
THAT THERE IS NO VALID REASON FOR THE DECREE. A
PROVISIONAL LEGAL OPINION ISSUED BY THE EUROPEAN
COURT OF JUSTICE (ECJ) IN MARCH 2003 SAID THAT ITALY
HAD THE RIGHT TO PROVISIONALLY BAN FOUR EU-REVIEWED
CORN VARIETIES ALREADY APPROVED IN THE UK AND FRANCE,
BUT THAT THE GOI WAS OBLIGED TO PROVIDE EVIDENCE THAT
THE USE OF THE CORN WOULD ENDANGER HUMAN HEALTH OR
THE ENVIRONMENT. THE CSS FOUND NO SCIENTIFIC
EVIDENCE TO JUSTIFY THE BAN. THEREFORE, THE CSS
RECOMMENDED THAT THE GOI REPEAL THE AMATO DECREE.
THE AMATO DECREE HAS BEEN IN PLACE SINCE AUGUST 2000.
OUR INTERLOCUTOR SUGGESTS THAT THE GOI'S COUNCIL OF
MINISTERS WILL ACT ON THIS IN EARLY JANUARY. SEMBLER

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2003ROME05567 - Classification: UNCLASSIFIED