US embassy cable - 03THEHAGUE2874

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