US embassy cable - 04ROME4563

C O N F I D E N T I A L  ROME 004563 
 
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: 12/01/2014 
TAGS: EAGR, ETRD, TBIO, KSCA, IT 
SUBJECT: ITALY/BIOTECH:COEXISTENCE DEGREE PASSED BY COUNCIL 
OF MINISTERS 
 
REF: ROME 4141 AND PREVIOUS 
 
Classified By: Economic Minister-Counselor Scott Kilner for Reason 1.4 
(b) and (d) 
 
1.(C) Summary.  On November 11, the Italian Council of 
Ministers approved a decree-law on the coexistence of GM and 
non-GM seeds planted in Italy. The decree imposes a 
moratorium on the sowing of GM seed in Italy through the end 
of 2005, by which time each of Italy's regions must issue its 
own coexistence plan. Starting in 2006, Italian farmers would 
be able to cultivate GM seeds, as long as they adhere to the 
regional coexistence plans. The decree also calls for the 
formation of a committee of federal and regional experts to 
define technical guidelines; the committee will be headed by 
a notable anti-GMO official from the Environment Ministry, 
though its membership spans the range of Italian opinion on 
GMOs. In a conversation with the Ambassador just before the 
decree's passage, Deputy Prime Minister (and now Foreign 
Minister) Gianfranco Fini admitted that the government's 
policy on GMOs was driven by politics, not science. Fini 
predicted that Italy would continue to maintain among the 
most restrictive GMO policies in the EU, within the 
flexibility provided by EU regulations. Since parliamentary 
approval is needed within sixty days of the decree-law's 
enactment for it to remain in force, we expect the debate on 
coexistence to shift to Parliament in the coming weeks. End 
summary. 
 
2. (U) On his fifth attempt, Agriculture Minister Alemanno 
finally succeeded November 11 in obtaining approval by the 
Italian Council of Ministers (PM Berlusconi's cabinet) of a 
decree-law on the coexistence of GM, non-GM, and organic 
crops.  The decree's approval was the culmination of an 
effort re-launched by Alemanno following the European Union's 
decision in September to inscribe 17 varieties of GM corn 
into the EU's seed register. The decree came   into effect 
upon its publication November 29 in the GOI's official 
gazette. It must be ratified by parliament within sixty days 
(i.e. by January 28); otherwise the decree-law lapses. 
 
Key Provisions 
-------------- 
 
3. (C) In early October, the Ambassador expressed our serious 
concerns regarding earlier drafts of the decree-law to 
several members of Berlusconi's cabinet, as well as to 
Berlusconi's senior advisor, Under Secretary Gianni Letta 
(reftel).  The process of review and scrutiny of the 
decree-law by the cabinet and others resulted in some 
positive changes in the language, although overall it remains 
inimical to the planting of biotech seeds in Italy.  Some of 
the decree-law's main provisions include: 
 
-- Technical guidelines on coexistence will be drawn up by a 
committee of experts, and will then be announced to the 
European Commission by the Agriculture Minister. The 
committee includes officials from the ministries of 
agriculture and environment, the prime minister's interagency 
committee on biotech and biosafety, and Italy's regions. 
Environment Ministry Director General Aldo Cosentino, an 
outspoken opponent of GMO cultivation, will preside over the 
committee, although the group as a whole includes officials 
with a wide range of views. 
 
-- Each of Italy's 20 regions must issue a coexistence plan 
by December 31, 2005 and must draft the plans in accordance 
with "good agricultural practices."  Regions will promote 
 farmers to help ensure. Importantly, becauQponsibility forhas been devolved 
te ultimatet h `0 and 25000. A seed before December 
31h a jail sentence. 
 
4.`n this version of the s ones is that it stippegions must h place.  Without this 
ns could have maintained a moratorium on planting 
biotech crops by simply not acting. A second improvement is 
the reference to "good agricultural practices."  Technology 
 
 
proponents hope that this reference will result in regions 
approving reasonable approaches (i.e. appropriate crop 
separations) to coexistence.  Finally, there is a reference 
to the guidelines being consistent with guidance from the 
European Commission, which represents some hope that the 
regions will not overreach their competency. 
 
5. (SBU) Even with the improvements over earlier drafts, 
however, the approved decree-law continues to discourage the 
sowing of GM seed in Italy. Italian farmers will be subject 
to imprisonment through the end of 2005 if they sow GM seed. 
Also troubling is the decree-law's provision of significant 
authority to Italy's regions, since many regional leaders 
have exhibited strong (and sometimes provocative) opposition 
to GM cultivation. The ultimate significance of the decree 
will have to await the issuance of each regional coexistence 
plan. 
 
Ambassador Discusses Decree with DPM Fini 
----------------------------------------- 
 
6. (C) During a dinner at his residence shortly before the 
decree law was approved by the Council of Ministers, 
Ambassador Sembler underscored to Deputy Prime Minister (and 
now Foreign Minister) Fini just how damaging Italian biotech 
policy has been to U.S. agricultural interests.  Most 
notably, American seed exports  -- more that $70 million 
annually just a few years ago -- had almost been driven 
completely from the Italian market.  The planned coexistence 
decree only threatened to make matters worse, the Ambassador 
stressed. 
 
7. (C) Fini responded by acknowledging that the government's 
policy on GMOs has been driven by politics, not science. 
Nevertheless, Fini predicted that the current course would 
continue at least through the next national election because 
agricultural interests and the public generally supported it. 
 "It's working for us politically," said Fini bluntly. With 
respect to the coexistence decree-law specifically, Fini 
argued that it had been modified to be consistent with 
Italy's EU obligations.  He said that EU rules offered member 
states some latitude, and that within that range of 
flexibility "Italy will adopt the most restrictive 
regulations that we can." 
 
8. (C) The Ambassador again expressed his strong disagreement 
with the GOI's policy on agricultural biotechnology, stating 
that it reflected a "lack of political leadership" on the 
issue. 
 
Comment: A Possible Struggle in Parliament 
------------------------------------------ 
 
9. (SBU) Despite the improvements over earlier versions, 
Embassy assessment is that the coexistence degree-law 
approved by the Council of Ministers remains inimical to U.S. 
interests. However, the struggle over this legislation is not 
finished yet. The cabinet's action not withstanding, an 
important body of concerned and reputable scientists 
petitioned President Ciampi not to sign the decree-law, 
calling it detrimental to scientific research and inquiry in 
Italy. In the end Ciampi did sign on November 29, more than 
two weeks after its approval (belying the supposed urgency 
that underlies the use of the decree-law mechanism). Still, 
the unexpected strength of opposition, both within the 
cabinet and from the Italian scientific community, may 
portend a fight in the legislature in the weeks ahead. During 
this period, Embassy will engage parliamentarians to 
reiterate our concerns that permanent coexistence regulations 
should be science-based and provide Italian farmers a true 
option to cultivate GM seeds. 
 
 
SEMBLER 
 
 
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	2004ROME04563 - Classification: CONFIDENTIAL