US embassy cable - 05ANKARA46

UNCLAS ANKARA 000046 
 
SIPDIS 
 
STATE FOR EB/TPP/ABT/BTT RSINGH 
STATE FOR OES/ETC HLEE 
USDA FOR FAS/OA/BIG PAUL SPENCER, JPPASSINO 
 
E.O. 12958: N/A 
TAGS: ETRD, EAGR, KPAO, TU 
SUBJECT: Turkey Biotech Regulations On Hold 
 
Ref: (A)  State 259661 (B) Ankara 6772 (C) Ankara 6208 (D) 
 
Ankara 801 
 
Sensitive but Unclassified.  Not for Internet Distribution. 
 
1.  (SBU)  SUMMARY.  TURKEY HAS DRAFTED BIOTECHNOLOGY 
REGULATIONS THAT IF ADOPTED IN THEIR CURRENT FORM, 
WOULD RESTRICT AGRICULTURAL TRADE.  THE DRAFT WAS 
RECENTLY FINALIZED AND CIRCULATED TO RELEVANT 
INDUSTRIES.  INDUSTRY SOURCES INDICATE THAT THE DRAFT 
REGULATIONS HAVE BEEN PUT ON HOLD AFTER A SERIES OF 
OUTREACH EVENTS AND COMMENTS TO THE DRAFT LAW MADE BY 
LOCAL ASSOCIATIONS, PRIVATE COMPANIES AND USDA/FAS.  AS 
IT APPEARS THAT THE GOT IS SERIOUSLY CONSIDERING US AND 
INDUSTRY COMMENTS AND CONCERNS, THE TIMING IS GOOD TO 
CONTINUE TO ENGAGE TURKEY TO PROMOTE TRADE FRIENDLY 
IMPLEMENTATION OF THE PROTOCOL. 
 
2.  (SBU) THE CURRENT DRAFT OF THE BIOTECHNOLOGY 
REGULATIONS IS A FRAMEWORK LAW THAT WAS INTENDED TO BE 
IMPLEMENTED BY THE END OF 2005.  AS SUCH, IT IS VERY 
GENERAL AND AMBIGUOUS, AND WILL REQUIRE SUBSEQUENT 
IMPLEMENTATION REGULATIONS TO BE PUBLISHED.  THE AG 
AFFAIRS OFFICE HAS CIRCULATED THE DRAFT LAW AT USDA/FAS 
AND PROVIDED THE GOT UNOFFICIAL COMMENTS.  AFFECTED 
INDUSTRIES HAVE ALSO REVIEWED THE DRAFT AND PROVIDED 
COMMENTS.  WHILE THE PROPOSED LAW WOULD NOT BAN BIOTECH 
PRODUCTS, IT DOES ESTABLISH UNACCEPTABLE LIABILITY FOR 
EXPORTERS, IMPORTERS AND END-USERS.  IT ALSO CATERS TO 
NON-SCIENCE BASED CONSUMER CONCERNS.  FOR EXAMPLE, USE 
OF BIOTECH PRODUCTS IN BABY FOODS IS PROHIBITED.  ON 
THE POSITIVE SIDE, THE REGULATIONS WOULD ULTIMATELY 
ALLOW FOR THE PLANTING OF BIOTECH CROPS IN TURKEY. 
 
3.  (SBU) ELEMENTS OF THE DRAFT FRAMEWORK LAW THAT ARE 
LIKELY TO RESTRICT TRADE ARE RELATED TO THE PRINCIPLES 
OF LIABILITY.  AS WRITTEN, IT APPEARS THAT IMPORTERS 
AND HANDLERS OF ALL BIOTECH PRODUCTS ARE SUBJECT TO 
UNLIMITED LIABILITY, INCLUDING ENVIRONMENTAL LIABILITY. 
THE THRESHOLD LEVEL OF ADVENTITIOUS PRESENCE IS NOT 
ESTABLISHED.  THE THRESHOLD LEVEL FOR LABELING IS NOT 
ESTABLISHED.  THERE ARE MANY OTHER AREAS THAT ARE OPEN 
TO INTERPRETATION, AND DEPENDING ON THE IMPLEMENTATION 
REGULATIONS COULD BE QUITE RESTRICTIVE. 
 
4.  (SBU) THE ANKARA AG AFFAIRS OFFICE HAS CONDUCTED 
NUMEROUS TRAINING AND OUTREACH ACTIVITIES IN RECENT 
YEARS TO INFORM THE GOT AND AFFECTED INDUSTRIES ABOUT 
AGRICULTURE BIOTECHNOLOGY.  THE ECON AND PA SECTIONS 
RECENTLY SUBMITTED A REQUEST FOR SPEAKERS (REFTEL B). 
DESPITE A SIGNIFICANT ANTI-BIOTECHNOLOGY CAMPAIGN LED 
BY A CONSUMER PROTECTION NGO, THESE EFFORTS HAVE PAID 
DIVIDENDS.  FIRST, THE DOMESTIC FOOD AND AGRICULTURAL 
INDUSTRIES HAVE FORMED A PLATFORM TO DISCUSS 
BIOTECHNOLOGY IN AN OBJECTIVE AND SCIENCE-BASED FORUM. 
THIS PLATFORM HAS MET WITH TURKISH OFFICIALS AND HAS 
ORGANIZED SEMINARS ON FOOD SAFETY AND OTHER BENEFITS 
RELATED TO AGRICULTURAL BIOTECHNOLOGY.  SECONDLY, THE 
GOT, IN SOMEWHAT UNPRECEDENTED FASHION, HAS INVITED 
INDUSTRY (INCLUDING FOREIGN COMPANIES) COMMENTS TO THE 
LEGISLATION.  THESE TWO DEVELOPMENTS HAVE INFUSED A 
WEALTH OF KNOWLEDGE AND A NEW PERSPECTIVE INTO THE 
BIOTECHNOLOGY DEBATE THAT WAS FORMERLY GUIDED BY FEAR 
AND MISINFORMATION. 
 
5.  (SBU) BASED ON CURRENT DEVELOPMENTS, IN ADDITION TO 
SPEAKER REQUESTED PER REFTEL B, POST SUPPORTS ENGAGING 
TURKEY ON IMPLEMENTATION ELEMENTS OF THE CARTAGENA 
PROTOCOL. 
 
EDELMAN