DRAFT GMO LAW BRINGS ANTI-BIOTECH FEELINGS BACK TO

UNCLAS ZAGREB 000510

SIPDIS


SENSITIVE

C O R R E C T E D C O P Y

VIENNA FOR QUINTIN GRAY AND SARAH HANSON
BUDAPEST FOR KARYN POSNER-MULLEN
DEPARTMENT PLEASE PASS USTR
USDA FOR PAUL SPENCER, BEVERLY SIMMONS, AND PETER SCHMEISSNER

E.O. 12958: N/A
TAGS: EAGR SENV ETRD PGOV HR
SUBJECT: DRAFT GMO LAW BRINGS ANTI-BIOTECH FEELINGS BACK TO
THE SURFACE

REF: 04 ZAGREB 2196

SUMMARY AND COMMENT
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1. (SBU) A proposal to consolidate Croatia's restrictive legislative
framework for the introduction of genetically modified seeds has
brought public outrage at the thought of GMOs in Croatia back to the
surface. While Parliament seems set to institutionalize a
precautionary principle approach for seed imports, some vocal MPs
have seized the opportunity to call for an outright ban on all GMO
product raising the prospect of a national referendum on the GMO
question. Despite the controversy, the draft law would change little,
moving coordinating responsibility from the Ministry of Culture to the
equal disinterested Ministry of Health and establishing a testing and
licensing regime so restrictive it constitutes a de facto ban.
Legislation on GMO foods remains unchanged. Limited lab capacity will
challenge the GoC's ability to implement testing thresholds and compel
a very selective and subjective method of choosing samples for
testing. While GoC officials acknowledge legal obligations to open
their agricultural market to foreign imports, most openly acknowledge
that Croatia is positioning itself as a GMO-free, "healthy" tourist
destination. END SUMMARY AND COMMENT.

PARLIAMENT SENDS DRAFT BILL BACK FOR REDRAFTING
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2. (SBU) A draft GMO law currently before Parliament has done nothing
to cool tempers over the highly emotional GMO issue in Croatia. On
March 22, the Parliamentary Committee on Agriculture and Forestry
debated and rejected upon second reading a draft GMO law. Members of
the governing Croatian Democratic Union (HDZ) and opposition Social
Democratic Party (SDP) supported the draft, while most other parties
have openly opposed any measure short of an outright ban. Meeting
the afternoon with the DCM, Committee Chairman Bozidar Pankretic
stated that the problem with the legislation was not that MPs lacked
sufficient scientific advice but rather that science had reached no
definitive conclusions on the safety of GMO seeds. Pankretic was
realistic about Croatia's WTO obligations, but acknowledged most MPs
are very responsive to public fears that the bill is excessively
permissive. Key concerns included cross-contamination of non-GMO
fields, squeezing out small domestic farmers while leaving the entire
sector vulnerable to foreign seed providers, and a lack of proof that
modified genes in crops cannot "jump" to digestive bacteria. Several
MPs for the first time raised the issue of a nation-wide referendum
on banning all GMO seed imports. Looking ahead, Pankretic left open
the possibility that the GoC might still approve the draft text
without further edits.

DRAFT GMO LAW SPARKS CONTROVERY BUT CHANGES LITTLE
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3. (SBU) At the GoC's request, the Ministry of Culture recently
drafted legislation that would consolidate several laws (reftel)
governing biotechnology into a single GMO law. The proposed language
only addresses the introduction into nature of genetically-modified
seeds, currently covered under the extant 2003 Law on Nature
Protection; the import and licensing of GMO foods will continue to be
governed by the 2003 Law on Food and Feed. The draft language moves
responsibility for coordinating Croatia's GMO policy from the
Ministry of Culture Division for Nature Protection to the Ministry of
Health Division for Sanitary Inspection. The law would also establish
a scientific advisory council consisting of an expert committee for
contained use and one for introduction into the market. Though the
draft law would on the surface establish a legislative framework for
the import, licensing, and planting of seeds containing GMO content
in Croatia, according to key GoC officials the language is
"cumbersome" enough to constitute a de facto ban on seed imports.
The threshold for GMO content in seeds is 0.0%. The law also
contains numerous safeguard clauses prohibiting planting of GMO
seeds in any
protected nature are national park, or other area of ecological
importance undefined by any legislation. Lastly, the law for
the first time introduces a break clause allowing the GoC to
temporarily or even permanently suspend the import or planting of
GMO seeds if it believes doing so would protect public health or the
environment.

FOOD REGULATION VIRTUALLY UNCHANGED
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4. (U) The 2003 Law on Food and Feed will continue to govern the
possible import, licensing, and labeling of any foods containing GMO
content. Under the law, the threshold for GMO content in food depend
upon whether or not the product has previously been tested and
licensed in the EU. If the product has been accepted by an EU member
state, it does not need to be labeled for sale on the Croatian market
provided separate tests within Croatia confirm the product contains
less than 0.9% GMO content. The threshold drops to 0.0% for products
that have


not yet been accepted by an EU member. All new foods will require a
risk assessment concluded by a licensed Croatian institution; foreign
(even EU) risk assessments will not be accepted for licensing foods
containing GMO content. A recently created Food Agency, directed by
Dr. Boris Antunovic, will be responsible for coordinating testing,
licensing, and labeling of novel foods. Post has recently nominated
D Antunovic for a European regional IV program on biotechnology and
food safety.

TESTING CAPABILITIES OUT OF SYNCH WITH LEGISLATION
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5. (SBU) Dr. Peter Schmeissner, a biotech specialist at USDA, recent
visited Zagreb from March 21-23 for a biotech-themed IIP Speaker's
Program. During Dr. Schmeissner's visit, he had a chance to tour
Croatia's single laboratory (housed at the Institute for Public
Health and overseen by IV returnee Dr. Krunoslav Capak) capable of
testing both foods and seeds for GMO content. According to Dr.
Schmeissner, the lab was of acceptable quality but has a severely
limited capacity meaning the Institute must be very selective when
deciding what products to test. Dr. Schmeissner also questioned
whether the lab's equipment allowed for accurate enough results to
enforce a 0.9% threshold for food. A large circulation daily
recently
carried a large article criticizing the lab for not yet receiving ISO
certification a process that by this point is mostly a question of
time rather than further financial investment. The article noted with
disapproval that the GoC's 9 million kuna ($1.6 million) investment in
the IPH lab has yet to translate into a national facility capable of
reliably testing for GMO content.

GMOS AND THE MARKET FOR "HEALTHY" FOOD
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6. (SBU) In separate meetings, interlocutors at the Ministry of
Agriculture, the Ministry of Health, and the Institute for Public
Health acknowledged the draft GMO law constitutes a virtual ban on
GMO
seeds, offering that anything else would be politically impossible.
The top Ministry of Health official for biotechnology, who will take
over umbrella coordination under the new legislation, told Emboffs
that the GoC sees little need to implement a procedure to allow GMO
seed imports given a lack of agricultural problems (rain, pests, or
soil)
that might justify their usage. The official explained that Croatia
clearly sees its future as a "niche market for healthy food" (NOTE:
In Croatian, the word "healthy" encompasses everything from
conventional organic to non-GMO products.) Opponents to GMOs in
Croatia have been emboldened by the perceived success of Austria,
Slovenia, and to a degree Italy in standing up to the European
Commission on GMOs; complying with EU regulations has little meaning
so
long as Croatia can position itself within a regional group of
"healthy," GMO-free market.

DELAWIE


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