US embassy cable - 05SOFIA17

UNCLAS SOFIA 000017 
 
SIPDIS 
 
 
STATE FOR EUR/SCE CENAV, SBRANDON, EB/TPP/ABT/RSINGH, 
OES/ETC/HLEE 
USDA PASS FAS/BIG/JPPASSINO 
BRUSSELS FOR AGRICULTURAL MINISTER COUNSELOR 
 
E.O. 12958: N/A 
TAGS: SENV, EAGR, ETRD, ECON, TBIO, BU 
SUBJECT: BULGARIA'S BIOSAFETY LEGISLATION: CARTAGENA 
PROTOCOL 
 
REF: STATE 259661 
 
1.  Bulgaria ratified the Cartagena Protocol on Biosafety in 
2000.  In 1996 Bulgaria set out a Biosafety Decree 
regulating biotechnology work for contained use, and field 
testing.  Commercialization and trade (both imports and 
exports) were not subject to this decree.  Therefore, the 
legislation was de facto silent on the trade implementing 
regulations of the Cartagena Protocol. 
 
2.  Bulgaria started transposing the EU biotech legislation 
in 2003/2004, due to its impending EU accession in 2007.  A 
Genetically Modified Organism (GMO) Law was drafted and 
submitted to the Parliament in March 2004.  Due to its 
political sensitivity, this law is still in the Parliament. 
Unofficially, the Committees on Agriculture, Environment and 
Health, which have responsibility for this law, claim that 
nearly two-thirds of the legislation has already been 
approved.  Final approval of the whole package is expected 
in early 2005. 
 
3.  Under the current draft, the new GMO Law will cancel any 
preceding regulations, such as the Biosafety Decree of 1996. 
The proposed legislation is based on the EU regulations, but 
in many areas is much more restrictive than the EU biotech 
legislation.  For example, the current draft would create a 
list of specific products (tobacco, roses, etc.) that are 
banned from commercialization as GM crops.  Also, it calls 
for certain geographic areas beyond the normal buffer zones 
(national parks, national reserves, expanded buffer zones) 
to remain GMO-free. 
 
4.  According to most researchers, experts, and politicians, 
the law will not be enforceable.  Furthermore, the law, if 
approved by March 2005 as currently planned, will need 
further modifications in order to reflect recent changes in 
the EU legislation. 
 
5.  We have met with members of the relevant committees to 
discuss the law and will continue to work with them to make 
it more acceptable.  Post looks forward to a potential 
January visit of State Dept's Senior Advisor for 
Agricultural Biotechnology, Madelyn Spirnak, to reinforce 
our message.