ITALY/BIOTECH: PROPOSED COEXISTENCE DEGREE COULD

C O N F I D E N T I A L ROME 004141 SIPDIS STATE PASS USDA FOR OSEC - PENN AND SIMMONS STATE PASS USDA/FAS FOR BLUM AND D.YOUNG STATE PASS USTR E.O. 12958: DECL: 10/25/2009 TAGS: EAGR ETRD TBIO KSCA IT SUBJECT: ITALY/BIOTECH: PROPOSED COEXISTENCE DEGREE COULD BLOCK GM CULTIVATION IN ITALY REF: A. 03 ROME 5507 ¶B. 03 ROME 5149 ¶C. 03 ROME 5127 Classified By: Economic Minister-Counselor Scott Kilner for Reason 1.4 (b) and (d) ¶1. (C) Summary. Agriculture Minister Alemanno has once again asked the Italian Council of Ministers to approve a decree-law on the coexistence of GM and non-GM seeds planted in Italy. Like the draft that Alemanno attempted (unsuccessfully) to push through in November 2003, the vague text of the new draft decree-law seems designed to deny Italian farmers the possibility of cultivating GM crops. The Ambassador raised our concerns on the new draft with Prime Minister Berlusconi's key advisor, Under Secretary Gianni Letta, as well as several other ministers that are generally favorable to biotech. Enough ministers objected to the draft during the October 8 Council meeting to keep it from being approved, but Alemanno has vowed to present a slightly reworked (though still very troublesome) draft at the next Council meeting, perhaps as soon as October 28. End summary. ¶2. (U) Agriculture Minister Alemanno has resumed his push to implement a decree-law on the coexistence of GM and non-GM seeds that would effectively inhibit farmers from attempting to cultivate GM crops in Italy. Reacting to the European Union,s decision in September to inscribe 17 varieties of GM corn into the EU,s seed register, Alemanno announced October 5 that he would introduce the draft decree-law at the October 8 meeting of the Council of Ministers. Once adopted by the Council, a decree-law takes effect immediately, but must be ratified by parliament within sixty days; otherwise the decree-law lapses. In theory, the Italian constitution limits decree laws to cases of necessity and urgency, although in practice the authority has been used quite broadly. Draft Decree-Law of October 8, 2004 -------------- ¶3. (SBU) Embassy obtained a copy of the draft decree-law presented at the October 8 cabinet meeting. Like his draft coexistence decree of November 2003 (see reftels),this new vaguely worded draft does not provide a neutral set of rules under which farmers could choose whether or not to grow GM crops. Rather, the draft includes a number of measures that appear primarily aimed at stopping Italian farmers from choosing to sow GM seeds. Among the more troublesome parts of the draft decree-law: -- Farmers growing biotech crops must bear all responsibility and potential legal burdens for coexistence impacts on neighboring conventional or organic production or on the environment, and could face heavy fines or imprisonment for damages. -- Each individual region would be responsible for implementing the decree, potentially creating a patchwork of regulations that would fragment the Italian seed market. -- GM production would be banned in a "homogeneous" production area that also produces a quality agricultural product (usually associated with a geographic indication). -- GM production would be banned until the necessary regulatory work had been completed at the regional level to implement the decree. Ambassador Intervenes -------------- ¶4. (C) Given the likely negative impact of this proposal on exports of U.S. seeds to Italy, Ambassador Sembler (joined by AgMinCouns and Econ MinCouns) met with Under Secretary Gianni Letta, PM Berlusconi,s top advisor, prior to the October 8 cabinet meeting to underscore our serious concerns with the draft decree-law. (Letta had been instrumental in derailing Alemanno,s attempt in November 2003 to impose a similar, flawed coexistence decree). The Ambassador also telephoned several ministers known to be receptive towards GM issues, including Minister of Productive Activities Antonio Marzano, Minister of Education and Research Letizia Moratti, Minister of Health Girolamo Sirchia, and Minister for EU Affairs Rocco Buttiglione. ¶5. (C) In his discussions the Ambassador emphasized that regulating an important issue like coexistence should not be done through a decree-law circumventing normal parliamentary procedure. Such decree-laws are intended to be used only in limited circumstances involving an urgent need, yet Italian farmers would not be planting any GM corn until spring 2005 at the earliest. The Ambassador further noted that the draft decree-law runs counter to the intention of the EU to give farmers choice in cultivation decisions, and he suggested that the government should consider consultations with the European Commission before finalizing the regulations. Rather than providing a practical framework in which farmers could choose whether or not to cultivate GM crops, Alemanno,s proposal would create such a high level of uncertainty, with potentially serious punishment, that no Italian farmer would run the risk of cultivating GM seeds. Council of Ministers Delays Coexistence Decree -- For Now -------------- -------------- ¶6. (SBU) At the Council of Ministers' October 8 meeting, several ministers, reportedly including Marzano, Sirchia, and Moratti, expressed their opposition to the current draft, which in the end was not approved. We understand that some ministers expressed the concerns of leaders of some of Italy,s regions regarding the significant responsibility placed on them to implement the new rules. The Council reportedly found the draft decree,s outright ban on biotech cultivation, pending regional implementation of the coexistence decree, to be inconsistent with EU regulations. In addition, some ministers expressed doubt regarding the urgency of the issue, and whether the EU should be consulted before finalizing a decree. Press reports recently quoted Prime Minister Berlusconi saying "I'm in favor of guaranteeing maximum freedom. Perhaps with regard to this decree it would be good to take a pause or pass a parliamentary bill" (informal translation). ¶7. (SBU) Alemanno has indicated that he plans to ask the Council of Ministers to reconsider the draft coexistence decree at the next council meeting (the prime minister's office has yet to confirm the timing of the meeting or whether Alemanno's decree will be on the agenda). In the meantime Alemanno has held meetings with both regional leaders and farmers organizations in order to persuade them to support the decree. Embassy has obtained a revised draft that does not appear to differ significantly from the October 8 draft, at least in terms of providing farmers with a more definitive framework that would enable them to freely choose to cultivate GM crops. The revised decree provides for a federal/regional conference to define coexistence rules, including along regional borders. However, it still leaves each region to implement its own autonomous coexistence plan. Comment -------------- ¶8. (C) Embassy is continuing to press more biotech-friendly ministries, as well as the prime ministry, at senior levels in advance of the next Council of Ministers meeting (which we understand has been scheduled for October 28). Nevertheless, it appears likely that the Council will eventually pass some sort of coexistence decree, given that Alemanno has placed his personal credibility on its approval, and reportedly has even threatened to resign if his decree law is not enacted. If the government does decide to pursue such rules through a normal parliamentary bill (in line with Berlusconi's reported preference),this may provide for additional opportunities to water down the legislation's most harmful provisions. SEMBLER NNNN 2004ROME04141 - Classification: CONFIDENTIAL