VZCZCXRO4146
RR RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV
DE RUEHFR #4606/01 3341313
ZNR UUUUU ZZH
R 301313Z NOV 07
FM AMEMBASSY PARIS
TO RUEHC/SECSTATE WASHDC 1304
RUEHRC/USDA FAS WASHDC
INFO RUCNMEM/EU MEMBER STATES
RUEHGV/USMISSION GENEVA 2776
RHEHAAA/WHITE HOUSE WASHDC

UNCLAS SECTION 01 OF 02 PARIS 004606 
 
SIPDIS 
 
SENSITIVE 
 
SIPDIS 
 
BRUSSELS PASS USEU FOR AGMINCOUNSELOR 
STATE FOR OES; EUR/ERA(GRAY); EEB/TPP/ABT/BTT (BOBO); 
STATE PASS USTR FOR MURPHY/CLARKSON; 
OCRA/CURTIS; 
STA/SIMMONS/JONES/HENNEY/SISSON; 
EU POSTS PASS TO AGRICULTURE AND ECON 
GENEVA FOR USTR, ALSO AGRICULTURE 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: EAGR SENV ECON ETRD EU FR
 
SUBJECT: FRANCE'S DRAFT BIOTECH BILL: MON-810 AT RISK 
 
REF:  (A) PARIS 4567; (B) PARIS 4364, (C) PARIS 4170, (D) 2006 PARIS 
 
2439 
 
¶1. (SBU) Summary:  Following France's months-long internal 
environmental review (ref A, B and C), French authorities have 
generated a draft biotech bill for review by the Council of State 
then the National Assembly and Senate, where it will be debated 
before becoming law.  A preliminary version, shared with the 
Embassy, describes composition of a new authority for reviewing seed 
varieties and sets forth a liability regime under which biotech 
growers would bear full weight for any economic harm caused to 
neighbors.  Of particular concern is a provision that would mandate 
public disclosure of biotech crop location at the parcel level.  It 
is likely that the French will publish a decree in the French 
Official Journal formalizing the suspension of MON810 maize seed 
cultivation shortly.  The GOF is also likely to issue a decree 
creating an interim Biotech Authority, to assess MON810.  End 
Summary. 
 
Draft Biotech Bill 
------------------ 
 
¶2. The new competent authority would 
be comprised of two committees, both of which would perform risk 
evaluations. The scientific committee would be created from the 
merge of the former Genetic Engineering Committee (assesses risk of 
biotech products in confined spaces), the Biomolecular Engineering 
Committee (assesses biotech products with regard to releases into 
the environment), and the Biotech Monitoring Committee (monitors 
biotech products once authorized and released into the 
environment). 
 
¶3.  The economic, ethical and social committee would be comprised of 
NGOs (2 representatives), farmers' unions (2), planting seed 
industry (2), consumer groups (1), lawyer (1), environmentalist (1), 
philosopher (1), and local authorities (1 or 2).  Each scientific 
and socio-economic committees would consist of 15 members. 
Reportedly, these groups' advice would not be binding, but rather 
their findings would be referred to the government for final 
decision. 
 
¶4.  The draft bill is not specific on coexistence rules e.g. 
cropping distances, but suggests that additional decrees will 
specify the details after the bill is voted on by the Parliament. 
The bill establishes a clear liability regime, under which full 
responsibility would be borne by biotech growers when others are 
harmed due to the accidental presence of GMOs.  Biotech producers 
would also need to contribute to an insurance fund.  The draft bill 
creates a public register, at the plot level, pinpointing biotech 
crop production in France. 
 
Suspension and Review of MON810 
------------------------------- 
 
¶5. (SBU) In the light of WTO requirements, the French Government 
appears to have opted against invoking the safeguard clause to 
suspend MON810 authorization. However, sources report that an 
official decree is expected shortly in the French Official Journal 
formalizing the suspension announced by President Sarkozy on October 
¶25. 
 
¶6. (SBU) In the coming days, the GOF likely will also to publish a 
decree in the Official Journal creating an interim Biotech 
Authority, whose structure would be similar to that of the permanent 
competent authority.  The transitional authority will be in charge 
of the reassessment of MON810.  This authority is also expected to 
make recommendations regarding the authorization of biotech test 
plots for 2008. 
 
¶7. (SBU) Comment:  Both the government's proposed biotech bill and 
interim measures foreseen on MON810 present risks for biotech 
cultivation in France. The interim assessment and the GOF's response 
to it are uncertain.  The draft bill reviewed by the Embassy 
presents strong concern including for the review process itself, 
liability issues and the publication of plot locations (especially 
given France's poor track record bringing to justice those 
responsible for biotech crop destruction). These factors, combined 
 
PARIS 00004606  002 OF 002 
 
 
with yet-to-be announced coexistence measures detailing cropping 
distances, could make biotech production in France economically 
unviable. End Comment. 
 
 
STAPLETON