US embassy cable - 03ROME5567

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DECREE AND RECOMMENDED IT BE REPEALED.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