Identifier
Created
Classification
Origin
03THEHAGUE2874
2003-11-17 07:10:00
UNCLASSIFIED
Embassy The Hague
Cable title:  

Biotech Regulations In The Netherlands

Tags:  EAGR ECON NL SENV TBIO EUN 
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UNCLAS SECTION 01 OF 02 THE HAGUE 002874 

SIPDIS

SECSTATE WASHDC PLEASE PASS TO
EB/DMALEC
OES/HLEE
USDA/FAS/OA/BSIMMONS
USDA/APHIS/BRS/JTURNER
USAID/JLEWIS
FDA/RLAKE
EPA/JANDERSEN

REF.: STATE 263456

E.O. 12958: N/A
TAGS: EAGR ECON NL SENV TBIO EUN
SUBJECT: Biotech Regulations In The Netherlands


UNCLAS SECTION 01 OF 02 THE HAGUE 002874

SIPDIS

SECSTATE WASHDC PLEASE PASS TO
EB/DMALEC
OES/HLEE
USDA/FAS/OA/BSIMMONS
USDA/APHIS/BRS/JTURNER
USAID/JLEWIS
FDA/RLAKE
EPA/JANDERSEN

REF.: STATE 263456

E.O. 12958: N/A
TAGS: EAGR ECON NL SENV TBIO EUN
SUBJECT: Biotech Regulations In The Netherlands



1. Summary: In The Netherlands, the laws and regulations
affecting the
approval, production, importation and labeling of products of
agricultural
biotechnology are for the most part based on directives and
legislation of the
European Union. At the moment, the Ministry for Public Health is
preparing for the enforcement of the EU Traceability and Labeling
Legislation and the application of related penalties.


2. The following ministries and organizations are responsible
for the
implementation and enforcement of the legislation regarding the
importation
and sales of agricultural biotech products:

-The Ministry of Public Health is the primary responsible
authority on the
introduction of agricultural biotech products. Contact person:
Mrs. Van der
Lem, phone: 0031 (0)70 3405447.
-The Ministry of Public Housing, Planning and Environment (VROM)
is the
legislative body for the introduction of live Genetically Modified
Organisms
(GMOs) in the environment. Contact person: Mr. Boonstra, phone:
0031 (0)70

3394866.
-The Ministry of Economic Affairs and the Ministry of Agriculture,
Nature and
Food Quality are responsible for the authorization of biotech food
products
and ingredients in the food chain. Contact person: Mr. Henneken
(MinAg),phone:
0031 (0)70 3784289.
-The Food and Consumer Product Safety Authority (VWA),which is
presently
part of the Ministry of Agriculture, Nature and Food Quality, is
responsible for
testing agricultural and food products for their biotech content.
Contact
person: Mr. de Sitter, phone: 0031 (0)70 4484848.


3. For the application of agricultural biotech products for
experimental
practices and unintentional presence of these products in the
environment, EC
Directive 98/81/EC has been implemented by four Dutch regulations.
VROM is
responsible for the implementation and enforcement of these
regulations.


4. Directive 2001/18/EC, regulating the deliberate release of
genetically modified organisms into the environment, has not yet
been translated and implemented into Dutch laws by the Dutch
government due to the complexity of the implementation. VROM
expects that the directive will be implemented by April 1, 2004.
Until this date, for the market introduction of agricultural
biotech products and deliberate introduction in the environment,
the EC approval process will have to be followed. In addition,
for field experiments a license is required, issued by VROM in
consultation with the Commission on Genetic Modification (COGEM)
and the Ministry of Agriculture, Nature and Food Quality. The
approval process is partly based on EC Directive 98/81/EC.


5. The VWA is responsible for testing agricultural and food
products for
their biotech content and compliance with EU regulations. The VWA
tests on a
random basis living agricultural products such as seeds and
consumer end-products. So far, only warnings have been given in
case of contraventions. Currently, raw materials and ingredients
are reportedly not subject to monitoring on biotech components.
Raw materials will be subject to monitoring under the new EU
Traceability and Labeling (T&L) Legislation. The private sector,
however, has already put in place several systems for the
segregation of raw materials based on their biotech content.


6. The Dutch Government has backed the new EU T&L Legislation
for agricultural biotech products presuming that the adoption will
lead to an end of the moratorium. The Cabinet's policy is based
on consumers' freedom of choice through segregation and labeling.
However, the Dutch government is concerned about the
implementation and enforcement. The Dutch government is in
particular concerned about the possibilities for fraud regarding
labeling of products that are derived from agricultural biotech
products. Another concern is that the required paperwork that
could lead to higher transaction costs for the trade of products.


7. At the moment, the Ministry for Public Health is preparing
the
enforcement of the T&L Legislation and the related penalties. The
VWA and the
Dutch Customs Administration, will be responsible for the
enforcement.
During the fall of 2003, the Dutch Cabinet will discuss the rules
for the co-existence of biotech and conventional crops. The MinAg
has the viewpoint that the agricultural sector has to formulate
the rules co-existence autonomously.
If the sector has no regulations for production of biotech crops
in place before
July 2004, the MinAg reportedly will take over this task. SOBEL