VZCZCXRO4849
PP RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV RUEHSR
DE RUEHC #4566/01 0482357
ZNR UUUUU ZZH
P 172341Z FEB 09
FM SECSTATE WASHDC
TO EU MEMBER STATES COLLECTIVE PRIORITY
RUEHBS/USEU BRUSSELS PRIORITY
INFO RUEHRC/DEPT OF AGRICULTURE WASHINGTON DC PRIORITY
RHEHAAA/WHITE HOUSE WASHINGTON DC PRIORITY 3851
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC PRIORITY

UNCLAS SECTION 01 OF 02 STATE 014566 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ECON ETRD EUN TBIO
SUBJECT: DEMARCHE REQUEST: EU REGULATORY COMMITTEE 
FEBRUARY 25 VOTE ON BIOTECH CORN 
 
¶1.  Sensitive but unclassified  Entire text 
 
¶2.  (U) This is an action request.  Please see Para 6. 
 
¶3. (SBU) BEGIN SUMMARY:  On February 25, 2009, the EU's DG 
Environment Regulatory Committee will vote on the DG 
Environment's proposal to approve two biotech corn varieties 
for cultivation purposes.  Prior to this meeting, it is 
important that we remind member state officials of their 
obligations under the WTO Agreement on the Application of 
Sanitary and Phytosanitary Measures (SPS Agreement), 
specifically their obligation to operate a science-based 
regulatory review process that is not subject to undue 
delays.  We should urge them to support the proposal to 
approve these biotech corn varieties, which have been 
determined by the European Food Safety Authority (EFSA) to be 
safe.  End Summary. 
 
¶4. (SBU) On February 25, 2009, the EU Regulatory Committee 
(DG Environment Regulatory Committee) will vote on the 
proposals to approve Pioneer Hi-Bred International's 1507 
corn for cultivation and Syngenta's Bt11 corn for 
cultivation, feed, and industrial processing.  If approved, 
these biotech products would be the first varieties approved 
for cultivation since 1998.  Currently, Monsanto's MON810 
corn is the only biotech corn variety approved for commercial 
cultivation in the EU.  Despite the WTO ruling against the 
EU's biotech regime, neither the Regulatory Committee nor the 
Council has mustered qualified majority to approve a biotech 
variety, whether for import or cultivation. A qualified 
majority is a majority of member states and 73.99% of 
weighted votes. The upcoming vote follows the December 4 
Commission Decision to approve the import of MON89788 which, 
like many of its predecessors, failed to attain a qualified 
majority of votes to approve or reject the application in the 
Regulatory Committee or in the Council. 
 
¶5. (SBU) Both varieties currently under consideration, 
Pioneer Hi-Bred International's 1507 corn and Syngenta's Bt11 
corn, are resistant to the European Corn Borer.  Pioneer 
Hi-bred's 1507 was submitted for EU approval in 2001 under EU 
Directive 2001/18. Syngenta's Bt11 was first submitted for EU 
approval in 1996 and later resubmitted as an expanded 
application under EU Directive 2001/18 in 2003.  In 2005, 
both products received a positive safety assessment from the 
EFSA.  In July 2008, after two years of non-action by the DG 
Environment Commissioner, the applications were sent back to 
EFSA for further review.  Three months later, in October 
2008, both received a second positive assessment after EFSA 
reviewed scientific studies related to the environmental 
impact of corn cultivation.  Both products are grown in the 
United States and have been approved in other important 
export markets. 
 
¶6. (SBU) ACTION REQUEST:  Posts are requested to deliver the 
talking points in paragraph 7 to appropriate member state 
officials in the Ministries of Agriculture, Foreign Affairs 
and Trade, as well as to other officials Posts deem 
appropriate.  Additional specific talking points for the 
Czech Republic, Slovakia, Romania, Spain, Sweden, Portugal, 
Belgium, and Bulgaria are provided below.  Posts are 
requested to report by cable or email host government 
reactions to USTR, USDA/FAS, USDOC and State Department, 
EBB/TPP/ABT and EUR/ERA. 
 
¶7. (SBU) BEGIN TALKING POINTS: 
 
GENERAL: 
 
-- We understand that member states will be voting on the DG 
Environment proposals to approve two biotech corn varieties 
for cultivation at the February 25 meeting of the DG 
Environment Regulatory Committee. 
 
-- We note that on two separate occasions, most recently in 
October 2008, EFSA has determined that these biotech 
varieties are as safe as their conventional counterparts. 
EFSA made its determinations after a thorough evaluation of 
the scientific evidence, including the impact of their 
cultivation on the environment. 
 
-- EFSA's October Assessment included a review of 11 
scientific publications published after the first EFSA 
 
STATE 00014566  002 OF 002 
 
 
assessment in 2005, as well as, relevant recent peer-reviewed 
papers identified by EFSA.  None of these studies invalidated 
the original positive risk assessment. 
 
-- We urge you to support the  proposals to approve these two 
biotech varieties which have already been approved for food, 
feed and processing use in the EU and which have been 
approved in other major markets as well. 
 
-- Recent farmer surveys show that European farmers are 
increasingly asking for access to biotech seed.  Approval of 
these corn varieties will allow farmers to choose the product 
that will best address their agronomic needs and help them 
remain competitive in the face of growing pest infestation 
and weed resistance challenges in Europe. 
 
-- The EU's biotechnology regulatory system must be permitted 
to function properly.  For this to happen, member states must 
respect their regulatory approval system - a system that they 
have chosen. 
 
-- It is each WTO Member's responsibility to adhere to the 
principles and obligations of the WTO SPS Agreement, 
including the obligation to operate a product approval 
process based on science and not subject to undue delays. 
 
-- Finally, we note that the WTO Panel found against the EU 
in our dispute on biotech approvals.  Member states have 
repeatedly failed to recognize EFSA's expertise and findings 
and abide by their own approval system. The United States 
remains very concerned with the state of the EC's compliance 
with the WTO panel finding. 
 
Additional points for the Czech Republic, Slovakia, Romania, 
Spain, Sweden, Portugal, Belgium, and Bulgaria. 
 
-- In 2008, 13.3 million farmers in 25 countries chose to 
grow biotech crops on 125 million hectares, up from 114.3 
million hectares in 2007. 
 
-- In 2008, farmers in seven EU member states were permitted 
to and chose to grow biotech corn on 100,000 hectares. 
 
-- While we have seen a steady increase in the acceptance and 
cultivation of biotech corn among EU farmers over the last 
few years, MON810 remains the only biotech product approved 
for cultivation in the EU. 
 
-- Recent farmer surveys show that many EU farmers want to 
use biotech corn varieties to control for corn rootworm, a 
devastating corn disease. 
 
-- On February 25, member states will have the opportunity to 
approve these corn varieties for cultivation.  Without these 
approvals, EU farmers will increasingly find themselves at a 
competitive disadvantage with other farmers that have access 
to the technology that for over a decade has proven to be 
safe and effective. 
 
END TALKING POINTS. 
CLINTON