US embassy cable - 04MADRID1836

UNCLAS SECTION 01 OF 02 MADRID 001836 
 
SIPDIS 
 
STATE FOR D. MALAC 
USTR FOR R. WHITE 
DOC FOR LODOM 
FAS FOR B. SIMONS 
 
E.O. 12958: N/A 
TAGS: ECON, ETRD, EU, TBIO, SP, Trade Issues 
SUBJECT: IMPLEMENTATION OF EU TRACEABILITY AND LABELING 
REGULATIONS IN SPAIN 
 
REF: STATE 93453 
 
1. In response to reftel request for information on 
implementation and enforcement of the new EU Traceability and 
Labeling (T&L) for food and feed regulations, we talked to 
the Spanish Food Safety Agency, the Spanish Food and Beverage 
Federation and the Spanish Feed Compounders Association 
regarding Spain's experience. 
 
Government View: The Spanish Food Safety Agency 
 
2. We spoke with Jose Ignacio Arranz Recio, number two in the 
Spanish Food Safety Agency (AESA), an autonomous agency 
attached to the Ministry of Health and Consumer Affairs. 
Arranz explained the GOS plan for implementing the new T&L 
regulations.  The players involved are the AESA, which 
provides overall direction, the autonomous communities 
(regional governments), which are responsible for oversight 
and testing in their territories (e.g., screening products on 
supermarket shelves), the Ministry of Health's External 
Health Service, which screens products at the port of entry 
into Spain, the Ministry of Health's National Consumer 
Affairs Institute, which oversees labeling compliance, and 
the Ministry of Agriculture's Directorate General for 
Livestock, which oversees implementation of the regulations 
on feed. 
 
3. AESA has drawn up a list of food products subject to 
screening, which include various soy, flour and corn-based 
products.  The products screened and number of samples taken 
will vary from region to region.  Samples will be tested by 
public and private laboratories deemed capable of using the 
AESA-recommended methods for detecting proteins and DNA 
(methods include ELISA, PCR, and RT-PCR).  AESA is a member 
of the European Network of Genetically Modified Organisms' 
Laboratories (ENGL), and AESA in turn is creating a national 
network of approved labs.  If a region does not have an 
approved lab, samples can be sent to the AESA or to one of 
the approved labs in another region.  AESA will review the 
efficacy of the system every three months through December 
2004 and make recommendations to improve system deficiencies. 
 
4. Regarding sanctions, Arranz explained that when the 
problem is false or misleading information provided in 
labeling, the GOS will refer to the labeling regulations.  If 
the problem detected is introduction of a variety not 
authorized by the EU, the GOS will apply sanctions spelled 
out in existing national public health regulations.  Arranz 
said that the GOS is not coordinating enforcement issues with 
other EU member states. 
 
5. The AESA developed with the Spanish Food and Beverage 
Federation and the Ministry of Agriculture a guide for 
businesses, regional governments and consumers spelling out 
the T&L regulations and listing the varieties currently 
authorized by the EU as well as those pending authorization. 
Arranz confirmed that the AESA is the point of contact for 
private sector inquiries regarding implementation or 
enforcement of T&L regulations in Spain (website is 
www.msc.es/aesa). 
 
6. When asked about transposition of new T&L regulations into 
national law, Arranz said that EU regulations are applied 
directly in EU member states. 
 
Food Industry View: The Spanish Food and Beverage Federation 
 
7. Spanish Food and Beverage Federation (FIAB) Food Law 
Director Pilar Velazquez reported that most of FIAB's members 
have reformulated products to avoid labeling.  In fact, she 
is aware of no companies that are labeling, either for the 
domestic or third country markets.  Velazquez confirmed that 
FIAB worked closely with the AESA and the Ministry of 
Agriculture to develop its informational handbook on T&L 
regulations and said that FIAB's members are generally 
concerned about complying with the norms.  She expects that 
once the testing carried out by the Spanish national and 
regional governments, as well as that done by "activist" 
groups, starts to reveal results, producers will discover 
that, although they did not know it, some of their product 
inputs have GMO content. 
 
8. Velazquez characterized the Spanish government as 
"unenthusiastic" about the T&L regulations, but expected that 
the GOS will implement and enforce them "properly" to avoid 
criticism from consumer and environmental groups.  Velazquez 
confirmed our understanding that Spanish consumers are not 
overly concerned about biotech issues, and thought that after 
a year or two of T&L implementation, industry may feel more 
comfortable with sourcing cheaper GMO inputs and labeling 
their final products. 
 
Feed Industry View: The Spanish Feed Compounders Association 
 
9. Jorge Saja, the head of the Spanish Feed Compounders 
Association, told us his organization produced pamphlets for 
its members containing guidance on how to comply with the new 
T&L regulations.  He reported that the Association's members 
have not reformulated their products, and are successfully 
labeling where there is GMO content.  Saja explained that in 
the case of products produced during the 2003 market year, 
feed compounders are labeling where there is any uncertainty 
at all over the potential biotech content of inputs.  For 
market year 2004, feed factories are getting detailed 
information on all inputs, and will label where there is 
verified GMO content. 
ARGYROS