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Exhibits


EXHIBIT 1

International Guidelines for BSE
Page
17
EXHIBIT 2 Risk Analysis Structure of the FAO    18
EXHIBIT 3 OIE BSE Recommendations 19
EXHIBIT 4 WHO BSE Recommendations 21
EXHIBIT 5 CODEX BSE Recommendations 22
EXHIBIT 6 U.S. BSE Surveillance Program 23
EXHIBIT 7  Media Strategy 24
EXHIBIT 8 Sample Letter to a Potential U.S. Coalition Member 26
EXHIBIT 9 Sample Letter to Member of Congress 27
EXHIBIT 10 Sample Congressional Testimony 28
EXHIBIT 11 Legislative Strategy 30
EXHIBIT 12 Sample Letter to USTR and USDA  32
EXHIBIT 13 Negotiation Strategy 33
EXHIBIT 14 Sample Press Release 35
EXHIBIT 15 Sample Advertisement – Aimed at EU Consumers 36
EXHIBIT 16 Sample Letter to EU Member States 37
EXHIBIT 17 Sample Letter to EU Industries 38
EXHIBIT 18 Interest Charts 39

EXHIBIT 1

INTERNATIONAL ORGANIZATION GUIDELINES
FOR MINIMIZING BSE RISK

 

RECOMMENDATION OR GUIDELINE AREA

ORGANIZATION

OIE

WHO

CODEX

1.   Compulsory notification of BSE

X

X

 

2.   Mandatory examination of brain specimens from suspicious cattle

X

 

 

3.   Mandatory ban on using ruminant-containing feeds from TSE-infected countries

X

X

X

4.   Establishment of continuous BSE surveillance monitoring system

X

X

 

5.   Incineration of confirmed BSE-infected tissues/animals

 

X

X

6.   Measures to ensure that rendering procedures eradicate TSEs

 

 

 

7.   Follow guidelines to determine BSE-free status

X

 

 

8.   Establishment of a risk assessment/management program for TSE

X

 

 

Source: WHO, OIE, FAO/CODEX ALIMENTARIUS COMMISSION


 

EXHIBIT 2

STRUCTURE OF RISK ANALYSIS RECOMMENDED BY THE FAO

 


Source: FAO/CODEX ALIMENTARIUS COMMISSION


EXHIBIT 3

OFFICE OF INTERNATIONAL EPIZOOTICS
BSE RECOMMENDATIONS

The Office of International Epizootics’ (OIE’s)[1] International Animal Health Code sets out minimum surveillance and monitoring requirements for BSE. These requirements are:

1.      Compulsory notification and clinical investigation of suspect cases.

2.      Risk assessment that identifies potential hazards for BSE occurrence, including:

  1. risk arising by:

i)              importation of animals or embryos/ova which are potentially infected with a transmissible spongiform encephalopathy (TSE); or

ii)             importation and feeding of potentially contaminated animal feedstuff to cattle;

  1. indigenous risks of:

i)              consumption, by cattle, of contaminated, animal-derived proteins arising from TSE-infected animals and rendering processes that do not inactivate the agent; or

ii) potential vertical transmission of BSE from cows originating from infected countries.

3.   Continuous BSE surveillance and monitoring with emphasis on the risks identified in point 2 above.

4.   Examination in an approved laboratory of brain material from cattle older than 20 months displaying signs of progressive neurological disease in accordance with the diagnostic techniques set out in the Manual. A sufficient number of investigations as indicated in Table I of the Guidelines for Continuous Surveillance and Monitoring of BSE (Appendix VUlb of document 65 SG/ 12/CS1) should be carried out annually in countries where progressive neurological disease incidence is low. Surveillance should be targeted at cattle older than four years of age that display other progressive disease conditions.

5.   Maintenance of seven years of records that track the number and results of investigations.

In addition, the OIE's International Animal Health Code offers guidelines for determining a country's BSE status. According to Chapter 3.2.13.2 of the Code, countries may be considered free of BSE if:

1.   They have implemented a risk management strategy to address any risk, as identified in Article 3;2.13.1 point 2); and

2.   They have effectively enforced a ban on feeding cattle meat-and-bone meal derived from ruminants from TSE-infected countries or countries that do not have an effective and continuous surveillance and monitoring system as described in Article 3.2.13.1points 3) and 4);

AND

1.      There has been no clinical case of BSE, the disease is notifiable, and an effective and continuous surveillance and monitoring system is practiced, as described in Article 3.2.13.1 points 3) and 4); or

2.      All cases of BSE have been clearly demonstrated to originate directly from the importation of live cattle originating from BSE-infected countries, provided that the disease is made notifiable and suspect animals are slaughtered, investigated and, if disease is confirmed, completely destroyed and an effective and continuous surveillance and monitoring system is practiced, as described in Article 3.2.13.1 points 3) and 4), or

3.      BSE has been eradicated (under study).


[1] An international veterinary organization.



EXHIBIT 4

WORLD HEALTH ORGANIZATION
BSE RECOMMENDATIONS

 

In order to protect public health from any potential risk from animal TSEs, the World Health Organization (WHO) recommends that:

·        No part of any animal which has shown signs of a TSE should enter into any food chain—human or animal;

·        All countries should ensure the killing and safe disposal of all parts or products of such animals so that TSE infectivity cannot enter any food chain; and

·        All countries should review their rendering procedures to ensure that they effectively inactivate TSE agents.

With regard to surveillance and other BSE issues, WHO has recommended that: 

·        All countries should establish continuous surveillance and compulsory notification for BSE according to recommendations established by the OIE in Paris.  In the absence of surveillance data, a country’s BSE status must be considered as unknown.

·        Countries where BSE exists in native cattle should not permit tissues that are likely to contain the BSE agent to enter any food chain—human or animal.

·        All countries should ban the use of ruminant tissues in ruminant feed.

 


EXHIBIT 5

CODEX
BSE RECOMMENDATIONS

The WTO Agreement on Sanitary and Phytosanitary Measures (SPS) refers to the standards, guidelines, and recommendations established by the FAO Codex Alimentarius Commission relating to various food safety issues.

At an FAO Expert Consultation on Animal Feeding and Food Safety held in Rome March 10-14, 1997, guidelines for the control of feed-borne hazards were introduced.  Although it has not been proven that BSE is a feed-borne hazard, the Expert Consultation concluded that it would not be “prudent” to exclude BSE as a “potential food-borne hazard.”  The group concluded that “the risk that arises from [BSE] should be assessed and managed in exactly the same way as other food-borne hazards.”

Codex provides guidelines for analyzing this risk, based upon structured risk assessment, risk management, and risk communication. 

Specific guidance given with respect to BSE includes taking the following measures:

·        All tissues from cattle with clinical BSE should be incinerated so that they are eliminated from all feed and food chains.

·        In all countries where BSE has occurred, depending upon its incidence (as determined by a “competent authority and an appropriately structured surveillance program”), consideration should be given to placing restrictions on the use of meat-and-bone meal derived from specific bovine tissues in ruminant feeds.  A similar consideration should be made in countries where a risk assessment indicates that the cattle population has been exposed to infection.

·        In countries where BSE and sheep scrapie have occurred, consideration should be given to placing restrictions on the use of ruminant-derived protein in feeds for ruminants.

·        In countries where BSE has not occurred, but where sheep scrapie is present, consideration should be given to placing restrictions on the feeding of bovine-derived protein to ruminants—depending on the incidence (as determined by a “competent authority and an appropriately structured surveillance program”) of scrapie and the time/temperature processes used for the rendering of bovine carcasses and tissues.



EXHIBIT 6

                                      U.S. BSE SURVELLANCE PROGRAM

 

ACTIVE SURVEILANCE

PASSIVE SURVELLANCE

·   Education

APHIS educates veterinary practitioners, veterinary laboratory diagnosticians, and industry producers on the clinical signs and pathology of BSE.

·   UK Cattle Monitoring

APHIS monitors the cattle imported from the United Kingdom before the United States’ ban on cattle imports went into effect.

·   Laboratory Examination of Cattle Brains for BSE

Every year since 1990, USDA’s National Veterinary Services Laboratories along with more than 60 veterinary diagnostic laboratories across the United States have examined hundreds of brains from adult cattle displaying neurological abnormalities either at slaughter or on the farm. FSIS performs ante-mortem slaughter inspection at all federally inspected slaughter establishments, and inspectors are alert for central nervous system disorders. Any suspect animals are condemned and tested. As of April 30, 1997, a total of 5,621 brains from all over the United States had been examined. No evidence of BSE has been detected.

·      Referral of Unusual Cases to Veterinary Laboratories

The network of private veterinary practitioners that refers unusual cases to veterinary schools or state diagnostic laboratories around the United States provides an informal but extensive and important surveillance system.

·      BSE Diagnosis Training for Veterinarians

USDA has trained over 250 state and federal field veterinarians to recognize and diagnose foreign animal diseases, including BSE.

·      Veterinary Data Bases

The Veterinary Medical Data Base maintained by Purdue University compiles diagnoses submitted by 27 U.S. veterinary schools. The data base includes many neurological cases.

The Veterinary Diagnostic Laboratory Reporting System (VDLRS)* maintains a data base on selected disease conditions submitted by 29 state and university veterinary diagnostic laboratories throughout the United States, including the results of histologic examinations for BSE.

 

·      BSE Examination Conducted on Zoo Animals

Since BSE-like encephalopathies have been diagnosed in seven species of exotic Bovidae at zoos in England, Veterinary pathologists at zoos in the United States routinely conduct post-mortem examinations on the brains of zoo animals exhibiting neurological abnormalities.

 

* The VDLRS is a cooperative effort of the American Association of Veterinary Laboratory Diagnosticians, the United States Animal Health Association, USDA/APHIS/VS Centers for Epidemiology and Animal Health, and the 29 laboratories that submit data.

 




EXHIBIT 7

  MEDIA STRATEGY

An important part of AMA’s strategy for convincing the EU to grant the United States BSE-free status is to use the media to mobilize support from domestic and European communities.

Domestic Strategy

AMA must balance its domestic strategy very carefully. Any media attention could confuse the public about the safety of U.S. beef. Accordingly, AMA may want to keep a low profile and avoid using the media. On the other hand, AMA could use the media to reassure the public that U.S. beef is safe.

Since the U.S. government already supports our position, AMA could use a Washington-focused media strategy to help ensure that the government gives this issue top priority. Such a strategy would target Congress and the Administration and would include placing op-ed pieces and letters to the editor in D.C. publications. Additionally, AMA could post information about meat industry safety on AMA and coalition web sites, as well as provide links to other resources, such as APHIS and FSIS.

European Strategy

The main priority with respect to the media should be to convince the EU public of the safety of U.S. animal products. AMA must implement a comprehensive media strategy that reassures opponents and gives our EU allies adequate facts to bolster their domestic efforts. AMA should:

·        Conduct a press conference with other coalition members to share the facts about the United States’ clean BSE record and the potential consequences of the EU’s ban;

·        Purchase advertising time on radio and television and in prominent publications (newspapers, journals, magazines) that target European consumers, governments, industries, and the Commission;

·        Target editorial writers in publications such as the Financial Times, which is widely read by those involved in EU decision-making;

·        Publish op-ed pieces and letters to the editor in European publications to target EU consumers, governments, industries, and the Commission;

·        Post information about meat industry safety on AMA and coalition web sites in European languages, as well as provide links to other resources, such as APHIS and FSIS;

·        Publish op-ed pieces and letters to the editor in European publications to inform the public, as well as EU industries and governments, about the safety of U.S. animal products.


 

EXHIBIT 8

SAMPLE LETTER TO A POTENTIAL U.S. COALITION MEMBER

 

Dear Sir or Madame:

As your organization is well aware, the European Union is planning to ban the sale of products that may contain, or are made using, specified risk materials for Bovine Spongiform Encephalopathy (BSE). Our organizations have much to gain from preventing implemention of this costly trade barrier.

I am writing to propose that we explore opportunities for forming a coalition to ensure that the EU ban does not block our exports. Together we can make certain the U.S. government makes this issue a high priority and continues to pressure the EU to exempt the United States from its ban based on our BSE-free status. 

The ultimate goal of our coalition would be to ensure that the EU grants the United States BSE-free status and does not disrupt the flow of U.S. exports to the EU. Our intermediate goal would be to increase political awareness of this issue in Washington. We can coordinate our efforts to educate members of Congress, providing them the real facts about (1) the safety of U.S. animal products subject to the EU ban, and (2) the potential negative impact the EU ban will have on U.S. exports and U.S. jobs. More importantly, we can work together to secure allies in the EU and reassure EU consumers, industries, the European Commission, and EU member states about the safety of our products.

With your support we can begin immediately to coordinate our efforts and ensure that the EU recognizes the United States as BSE-free. A coordinated effort will undoubtedly go a long way toward protecting the interests of our members and promoting safe U.S. products. Thank you for your time and support.

Sincerely,

President
American Meat Association


EXHIBIT 9
                            SAMPLE LETTER TO MEMBER OF CONGRESS

Dear Senator:

I am writing to you on behalf of the American Meat Association concerning the proposed EU ban on animal products that contain specified risk materials for Bovine Spongiform Encephalopathy (BSE), the so-called “mad cow disease." If implemented, this ban will prevent $126 million in tallow exports to the EU. For Americans working in the U.S. livestock and rendering industry, the ban would be devastating.

Since the United States has not had any cases of BSE and maintains a rigorous monitoring system, it qualifies as BSE-free, and international organizations have recognized the United States as such. The EU, however, has refused to recognize our BSE-free status. Moreover, it has not provided scientific evidence to justify this decision—although such evidence is required by the WTO Agreement on the Application of Sanitary and Phytosanitary Measures.

In short, the EU ban is a trade barrier that violates World Trade Organization rules and will prevent us from exporting our products to the EU. 

American companies, as well as European consumers, need to be assured that we will be able to continue to provide the EU market with our safe products. We gratefully acknowledge the U.S. government's efforts to resolve this issue with the EU, but we also want to encourage the Administration to step-up its efforts to find a satisfactory solution to the problem.

As you are aware from your past experience working in the livestock industry, our industry is committed to providing consumers around the world with safe products. If implemented, the EU’s ban will result in undeniable damage to our industry, as well as animal product dependent industries.

Senator, your support for the swift resolution of this problem would be very much appreciated.

Sincerely,

President
American Meat Association


EXHIBIT 10

                      SAMPLE CONGRESSIONAL TESTIMONY

Testimony to the U.S. Senate Subcommittee on Livestock, Dairy and Poultry, Committee on Agriculture

 

Thank you, Mr. Chairman. I am the President of the American Meat Association (AMA). The Institute is a national trade association that represents the interests of packers and processors of 70 percent of the nation's beef, pork, lamb, veal and turkey production, as well as their suppliers across the United States.

We appreciate this opportunity to share with the Subcommittee AMA’s views on the proposed EU ban on animal products that contain animal proteins or parts called specified risk materials. Still recovering from its epidemic of Bovine Spongiform Encephalopathy (BSE), the so-called “mad cow disease,” the EU fears that animal products that contain specified risk materials may contain this disease.

AMA understands and shares the EU’s desire to prevent the spread of BSE, but the EU is not justified in erecting a ban. AMA supports domestic and international food safety policies based on sound science as required by the WTO Agreement on Sanitary and Phytosanitary Measures. The EU ban, however, is not scientifically based. There has never been a U.S. case of BSE, and the United States maintains a highly sophisticated and comprehensive monitoring and surveillance system for BSE.

Accordingly, the U.S. Trade Representative has asked the EU to recognize the United States as BSE-free and to allow U.S. companies to continue to export to the EU. The U.S. Trade Representative has emphasized that the United States meets international guidelines for recognition as a BSE-free country, but the EU refuses to follow these guidelines and accept our exports as BSE-free.

Our industry is committed to providing high-quality, safe products for domestic and international consumers.  But an outright removal of the opportunity to export to the EU will mean hundreds-of-millions of dollars in lost exports for our industry.  Exports that would be affected by the ban include food products, animal feed and gelatin.

Sales of tallow, one of the most important products for our members, would also be banned. Cosmetic and other companies use tallow to make products such as soap, margarine, and candles. Although international scientists have found that tallow is free from BSE if processed under certain temperature and pressure conditions, the EU still plans to ban more than $125 million in U.S. tallow exports.

The Unites States is by far the world’s largest producer and exporter of tallow, and the EU is the second largest export destination for U.S. tallow.  The BSE epidemic in the EU greatly affected U.S. tallow exports, and the EU refusal to recognize the United States as BSE-free will only make things worse.

The effects of the ban are already being felt. The mere threat of the ban in early 1997 made EU tallow buyers reluctant to purchase U.S. tallow. For the first seven months of the year, U.S. tallow exports were down 23 percent. If the EU does not recognize our BSE-free status, there is little hope for recovery. For our members, this would be devastating.

What it comes down to is that exports are essential for our industry. We rely upon exports to support industry growth, and we will need increasing exports in the future to ensure economic opportunity for the next generation.

The ban would also affect other Americans. The United States Department of Agriculture has found that each dollar received from agricultural exports in 1996 generated another $1.32 in supporting activities to produce the products we shipped overseas. This means that a loss of $125 million in our exports to the EU would cost Americans $165 million. Clearly these figures show that we must work harder to ensure that U.S. exports will not be blocked.

AMA would like to acknowledge the support that you, Mr. Chairman, and the members of this Subcommittee have given us in the past. Today, we call upon you to continue that support by encouraging the Administration to work harder to stand up for the safety of U.S. beef and animal products. Anything less than a prompt and satisfactory resolution to this issue will seriously injure our industry.

This concludes my testimony, Mr. Chairman. I would be pleased to respond to any questions that you or other members of the Committee might have. I thank you.



EXHIBIT 11

                                                LEGISLATIVE STRATEGY

In order to ensure that USTR and USDA give high priority to gaining the EU’s recognition of the United States as BSE-free, AMA must secure domestic support including support of Congress. Increased political awareness of the ban will help USTR and USDA in their discussions with the EU.

In securing the support of Congress, AMA should:

·        Provide members of Congress and their staff with 1) scientific data relevant to the United States’ BSE status, and 2) trade figures that demonstrate the potential impact of the proposed ban;

·        Reassure Congress that the EU has no scientific grounds for implementing the ban;

·        Write letters (Exhibit 9) to key members of Congress and meet with them to encourage their support;

·        Provide testimony on the importance of establishing BSE-free status for the United States and on the potential impact of the ban (Exhibit 10) to both the Subcommittee on Livestock, Dairy and Poultry of the House Committee on Agriculture, and the Senate Committee on Agriculture, Nutrition, and Forestry; and

·        Encourage members of Congress who support our position to consider introducing legislation to ensure that imports into the United States are BSE-free.

Prior to meeting with members of Congress and testifying, AMA should evaluate these members propensities to support our position considering their past support of agricultural export interests and food and livestock safety issues:

House Committee on Agriculture, Subcommittee on Livestock, Dairy and Poultr

Democrats:
Collin C. Peterson, MN (Ranking Minority Member)
Earl F. Hilliard, AL
Tim Holden, PA
Jay W. Johnson, WI
Gary A. Condit, CA
Calvin M. Dooley, CA
Sam Farr, CA
Leonard L. Boswell, IA

Republicans:
Richard W. Pombo, CA (Chair)
John A. Boehner, OH (Vice Chair)
Bob Goodlatte, VA
Nick Smith, MI
Frank D. Lucas, OK
Ron Lewis, KY
John N. Hostettler, IN
Roy Blunt, MO
Charles W. “Chip” Pickering, MS
William L. Jenkins, TN

Senate Committee on Agriculture, Nutrition, and Forestry

Democrats:
Tom Harkin, IA
Patrick J. Leahy, VT
Kent Conrad, ND
Thomas A. Daschle
Max Baucus, MT
J. Robert Kerry, NB
Mary Landrieu, LA
Tim Johnson, SD

Republicans:
Richard G. Lugar, IN (Chair)
Jesse Helms, NC
Thad Cochran, MS
Mitch McConnell, KT
Paul Coverdell, GA
Rick Santorum, PA
Pat Roberts, KS
Charles Grassley, IA
Phil Gramm, TX
Larry E. Craig, ID


EXHIBIT 12

 

SAMPLE LETTER TO U.S. TRADE REPRESENTATIVE AND
U.S. DEPT. OF AGRICULTURE

 

The Honorable Charlene Barshefsky
United States Trade Representative
600 17th Street, N.W.
Washington, D.C. 20508

Dear Ambassador Barshefsky:

The American Meat Association (AMA) appreciates the attention that you and your staff are giving to an issue of serious concern to the U.S. livestock industry. If implemented, the European Commission Decision of July 30, 1997, to ban certain animal products containing specified risk materials for BSE will cause our industry to lose hundreds-of-millions of dollars in export sales. I am writing to share with you AMA's concerns and recommendations regarding this proposed ban.

The EU’s lack of sound scientific evidence in support of its EU ban clearly puts the EU in violation of the WTO SPS Agreement. Indeed, under the International Office of Epizootics’ international guidelines concerning BSE, the United States should be considered BSE-free. The EU continues to ignore these guidelines, and it refuses to recognize that the United States’ state-of-the-art BSE monitoring system has found absolutely no signs of BSE in U.S. cattle.

Given the United States’ clean record on BSE, anything less than a full derogation from the ban for U.S. animal product exports is unacceptable. We recommend that the United States continue to press the EU on this issue in bilateral meetings and other fora. The ban would undoubtedly have a devastating affect on our industry unless we are exempted from it.

Again, I thank you for your attention to this matter and encourage you to continue to press the EU for a satisfactory resolution to this problem. As always, your leadership in protecting the international trade interests of the United States is greatly appreciated.

Sincerely,
President
American Meat Association



EXHIBIT 13

            NEGOTIATION STRATEGY

 

MEMORANDUM

November 1, 1997

To:       President, American Meat Association

From:  Jeanette Kelly, Trade Policy Consultant

Re:      Strategy for U.S. Government Negotiations with EU on Proposed SRM Ban

 

AMA should share with the U.S. government its ideas for approaching negotiations with the EU on the proposed SRM ban.  This memorandum outlines an approach the U.S. government could use in building its negotiation strategy.

PREFERRED OUTCOME

The U.S. objective of these negotiations should be to persuade the EU to recognize the United States as BSE-free. This will protect U.S. exports to the EU and set an important precedent to ensure that other countries also recognize the United States as BSE-free.

ALLIES

The United States should form a coalition with EU industry associations and EU member states that share our interests. Denmark and Germany have already expressed their opposition to the ban. Other potential allies include the cosmetics, pharmaceutical and medical associations in these countries. The attached interest charts (Exhibit 18) provide additional details on potential allies.

BASIC ARGUMENTS

In negotiations with the EU, the United States should base its arguments on the following facts and background information:

·        The United States understands and shares the EU desire to prevent the spread of BSE.

·        The United States acknowledges that the EU has the right under the SPS Agreement to take measures (SPS measures) to protect human and animal health.

·        The United States maintains a sophisticated monitoring and surveillance program to protect U.S. beef from BSE. This system has not found any cases of BSE in the United States.

·        No cases of the new variant strain of Creutzfeldt-Jakob (nv-CJD) disease have been diagnosed in the United States. 

·        The SPS Agreement calls for SPS measures, such as the EU ban, to be based on scientific evidence.

·        The SPS Agreement calls for SPS measures to take into consideration relevant international standards.

·        With respect to BSE, the international veterinary organization (OIE) has defined guidelines for determining BSE status, and OIE has recognized that the United States meets these guidelines.

·        Because the United States has a lower level of risk for BSE than any other country, U.S. products deserve to be treated differently than products from countries with higher BSE risks.

·        The United States believes that it has provided ample scientific evidence to show that it has no BSE.

NEGOTIATION TACTICS

The United States should consider using the following negotiation tactics to show the EU it is serious about achieving BSE-free status:

·        Reveal what the United States will do if agreement is not reached. (The United States could present a very strong case to a WTO Dispute Settlement Panel.)

·        Remind the EU that Congress is following this issue and may decide to retaliate if this issue is not resolved.

·        Focus on the negative impact the ban will have on EU consumers, particularly medical patients.

If the United States is not successful in these negotiations, it should continue to communicate with the EU. We must identify all possible options for coming to a mutually beneficial solution to this problem. If the EU refuses to accept the arguments we have given to justify our BSE-free status, the United States can apply pressure on the EU by emphasizing that:

·        The United States deserves access to any scientific evidence that allows the EU to disregard guidelines established by international organizations concerning the safety of SRMs.

·        The United States deserves a full explanation of the EU method of risk analysis (to enable a comparison of the EU methods with those recommended by the OIE International Animal Health Code).

If the EU refuses to provide this information, we must again emphasize that our final alternative, if an agreement is not reached, is to ask the WTO to form a DSB panel.



EXHIBIT 14

SAMPLE PRESS RELEASE

MEDIA ADVISORY
American Meat Association

EU Violates Global Rules,
Has No Scientific Evidence to Ban U.S. Animal Products

 

U.S. industries deserve the right to provide EU suppliers
 and consumers with high-quality, safe products.

 

WHAT:      Representatives from the U.S. meat, pharmaceuticals and cosmetics industries to brief press on the proposed EU ban on animal products and its impact on U.S. exports.

WHEN:     Monday, November 1, 1997, 9:00-10:00 a.m.

WHERE:  American Chamber of Commerce
Avenue des Arts 50-55 Kuntslaan, 1000 Brussels

WHO:       AMA President
National Renderer's Association President
Pharmaceutical Research and Manufacturer's Association  (PhRMA) President

Call the American Chamber of Commerce at XX/XXXX to confirm your attendance.    



EXHIBIT 15

                   SAMPLE ADVERTISEMENT AIMED AT EU CONSUMERS

U.S. MEAT PRODUCTS:
PROVEN QUALITY AND SAFETY

The American meat industry has extremely strict standards for safety and, in conjunction with the U.S. Department of Agriculture, diligently works every day to monitor the health of U.S. cattle. The United States’ food safety surveillance program for meat is one of the most comprehensive and effective in the world.

The American meat industry is committed to providing high-quality, safe products for domestic and international consumers.

Anyone that challenges the safety of our products does not have all of the facts:

§        Scientific studies conducted by the U.S. government confirm that the United States has never had a case of "mad cow disease" or Bovine Spongiform Encephalopathy (BSE).

§        The United States meets international guidelines for being considered BSE-free.

§        The United States’ system for monitoring the health and safety of its cattle population is sophisticated and comprehensive.

These are the facts, plain and simple. Choose the proven quality and safety of U.S. meat products.

To learn more about the safety of U.S. meat and animal products, please write to the American Meat Association, P.O. Box ABC, Washington, D.C., 12345 or visit our website at www.abcdefghijk. 

Sponsored by the American Meat Association



EXHIBIT 16

                                SAMPLE LETTER TO EU MEMBER STATES

November 1, 1997

His Excellency K. Erik Tygesen
Royal Danish Embassy
3200 Whitehaven St. NW
Washington, D.C. 20008

Dear Ambassador Tygesen:

As Denmark is well aware, the European Union is planning to ban the sale of products that may contain, or are made using, specified risk materials for Bovine Spongiform Encephalopathy (BSE). The American Meat Association is a national trade association that represents the interests of packers and processors of 70 percent of U.S. beef, pork, lamb, veal, and turkey production, as well as their suppliers. We believe that our organization and your country have similar interests: securing BSE-free status for our countries to certify the safety of our animal products. On behalf of AMA, I am writing to ask for your support concerning this issue.

The United States has already begun meeting with the Commission to discuss the proposed ban. We believe that if Denmark, the United States and others work together, we can ensure that the EU Commission realizes it has no choice but to alter its decision. The ban should not apply to products from countries that 1) have effective BSE monitoring systems in place and 2) have found no evidence of BSE.

Our industry is committed to providing high-quality, safe products for domestic and international consumers. So far, the Commission refuses to recognize the safety of our products and our BSE-free status. Unless the Commission grants the United States BSE-free status, we will not have the opportunity to provide your consumers with these products. As I am sure you are aware, these products include life-saving pharmaceuticals. Any delay in access to these products could affect the lives of your citizens, and only the Commission can prevent this from happening.

With your support, we can begin immediately to coordinate and ensure that the EU recognizes our countries as BSE-free. Thank you for your time and support.

Sincerely,

President
American Meat Association


EXHIBIT 17

                         SAMPLE LETTER TO EU INDUSTRIES

 

November 1, 1997
Dr. Vincenzo Costigliola
European Medical Association
Place de Jamblinne de Meux, 12
B-1040 Brussels, Belgium

Dear Dr. Costigliola:

As the European Medical Association is well aware, the European Union is planning to ban the sale of products that may contain, or are made using, specified risk materials for Bovine Spongiform Encephalopathy (BSE). The ban includes U.S. pharmaceutical products.

The American Meat Association is a national trade association that represents the interests of packers and processors of 70 percent of U.S. beef, pork, lamb, veal and turkey production and their suppliers across the United States. We believe that our organizations have similar interests: preventing implementation of this ban in order to continue supplying the EU with U.S. products, including pharmaceuticals. On behalf of AMA, I am writing to ask for your support concerning this issue.

The United States has already begun meeting with the Commission to discuss the proposed ban. So far, the Commission refuses to recognize the safety of our products and our BSE-free status. We believe that if our organizations work together, we can ensure that the EU Commission realizes it has no choice but to alter its decision and allow the United States to continue supplying the EU medical community with safe and effective products at a reasonable cost.

Our industry is committed to providing high-quality, safe products for domestic and international consumers. Unless the Commission grants the U.S. BSE-free status, we will not have the opportunity to provide EU consumers with these products. As I am sure you are aware, any delay in access to U.S. pharmaceutical products will affect the lives of your patients. Only the Commission can prevent this from happening.

With your support we can begin immediately to coordinate and ensure that the EU recognizes the United States as BSE-free, thus allowing us to continue supplying the EU with life-saving pharmaceuticals. Thank you for your time and support.

Sincerely,

President
American Meat Association


EXHIBIT 18 – INTEREST CHART 1 (of 8)

PARTY

INTERESTS

OPTIONS

OBJECTIVE CRITERIA

BATNA

American Meat Association (AMA)

 Prevent EU ban

·   Get recognition of U.S. as BSE-free

·   Pressure USTR/USDA to make this issue a high priority

·   Work with other parties to pressure/lobby EU

·   Lobby Congress to support AMA’s position

SPS Agreement

OIE Guidelines

WHO Recommendations

CODEX Recommendations

Take to WTO

Obtain BSE-free status for the U.S.

·   Use certification from int’l organizations (OIE) to pressure EU

·   Produce study to compare US with other countries recognized by the EU as BSE-free (Australia)

·   Lobby USDA to allow EU to take a role in US inspections

·   Provide EU with data to prove the U.S.’s BSE-free status according to the OIE International Animal Health Code

Prevent the EU ban from affecting additional products

·   Inform USDA/USTR on the lack of evidence that BSE can be transmitted to other animals (horizontal transmission)

·   Ask USDA to fund BSE studies and procedures for other animals, to which the EU might extend the ban

·   Prove that other products are safe from BSE

Promote members’ interests

at home and abroad; increase exports; protect high-quality reputation of products

·   Increase marketing efforts (in EU)

·   Start a BSE-free label for meat and products

·   Target new markets, diversify products

·   Ensure recognition of BSE-free status

Ensure implementation of EU commitments to accept US imports

·   Lobby USDA/USTR to get assurance from EU

·   Lobby to allow US to retaliate in event that EU does not carry out its end of any deal

·   Export to countries that are more likely to accept US imports

Make interests of AMA known to the EU public

·   Educate public, provide on-line information

·   Increase active public outreach activities and response plans

·   Target youngsters

·   Participate with other interested parties in an education initiative

Preserve relationship  with USDA and USTR

·   Offer support for both agencies efforts while encouraging them to continue to press the EU

Provide consumers with safe products

·   Initiate a separate inspection program for AMA members

·   Sponsor or work with APHIS to continue to train processors to identify possible signs of BSE

·   Offer to provide funding for additional educational programs

 

EXHIBIT 18 – INTEREST CHART 2 (of 8)

PARTY

INTERESTS

OPTIONS

OBJECTIVE CRITERIA

BATNA

European Union/

Commission

Protect the health of EU animals from BSE

·   Implement ban on SRMs

·   Prevent import of any products/parts that have risk of transmitting disease

·   Prevent import of products/parts from countries with high risk for BSE

SPS Agreement

OIE Guidelines

WHO Recommendations

CODEX Recommendations

Do nothing; Implement the ban as is and risk being taken to the WTO

Protect the health of EU citizens from BSE/CJD; ensure availability of medical products; ensure safety of food supply

·   Implement the ban on SRMs

·   Allow import of products necessary to save lives of EU patients, regardless of whether they have SRMs

·   Establish a certification system for products with no SRMs

Maintain good relations with US and other trading partners

·   Negotiate derogations for the ban

·   Implement ban with differing levels of application, depending on risk level

·   Conduct talks with other trading partners concerning the potential impact of the ban on them

Maintain Commission “sovereignty”/authority on EU trade matters

·   Try to keep member states out of the negotiations

·   Try to keep member states happy; build their trust, involve them as much as possible

Prevent disagreement/promote agreement between Commission and member states

·   Keep US interests in mind

·   Treat all member states equally

Avoid granting exemptions for EU member states

·   Don’t grant exemptions for any other nation

Promote international trade norms; avoid being taken to WTO

·   Follow WTO guidelines

 

 

EXHIBIT 18 – INTEREST CHART 3 (of 8)

PARTY

INTERESTS

OPTIONS

OBJECTIVE CRITERIA

BATNA

EU Standing Scientific Committee

(SSC)

Use only most reliable scientific evidence when making recommendations

·   Follow international guidelines

·   Don’t make far-fetched interpretation of scientific evidence just to meet the needs of the Commission

SPS Agreement

OIE Guidelines

WHO Recommendations

CODEX Recommendations

Maintain status quo

Advise Commission and ensure SSC’s role in decision-making

·   Tell Commission what it wants to hear

·   Work to de-politicize membership, make SSC membership last longer to reduce Commission’s ability to pressure SCC and ensure membership is based solely on merit

Protect EU animals and human health

·   Suggest Commission implement the ban

·   Follow international guidelines and sound science

·   Conduct own research on these issues

Protect reputation as independent, fair and knowledgeable

·   Follow international guidelines

·   Make decisions based on sound science

·   Consistently remain independent of Commission

 

EXHIBIT 18 – INTEREST CHART 4 (of 8)

PARTY

INTERESTS

OPTIONS

OBJECTIVE CRITERIA

BATNA

EU

Pharma-ceutical Community

·   Sell its products at home

·   Ensure their safety

·   Don’t use SRMs

·   Develop non-SRM method of production

SPS Agreement

OIE Guidelines

WHO Recommendations

CODEX Recommendations

Maintain status quo

·   Sell products abroad (increase exports)

·   Marketing-safety

·   Ensure safety of products and materials used to create pharmaceutical products

·   Ensure health, safety of consumers

·   Don’t use SRMs

·   Use only BSE-free SRM inputs

·   Support EU ban

·   Ensure reputation for providing high-quality products

·   Marketing and efforts to distinguish EU products from US (as free from SRMs)

·   Ensure products are safe

·   Create new products

·   Obtain funding for research

·   Obtain approval for new products

·   Increase R&D efforts

·   Work with US companies

 

·   Maintain relationship with EU authorities

·   Work with them to ensure safety standards and quality

·   Prevent imports (protect domestic market share)

·   Increase marketing

·   Support ban

·   Obtain required inputs from foreign suppliers

·   Don’t support ban

·   Use imports from BSE-free countries

·   Don’t use SRMs

 


EXHIBIT 18 – INTEREST CHART 5 (of 8)

PARTY

INTERESTS

OPTIONS

OBJECTIVE CRITERIA

BATNA

EU Member States with no Native BSE

Protect reputation of products

·   Obtain exemption from ban

·   Ensure safety, quality, monitoring/prevention/education for BSE

SPS Agreement

OIE Guidelines

WHO Recommendations

CODEX Recommendations

Maintain status quo

Obtain BSE-free status

·   Push Commission to grant status

·         Continue to monitor safety of domestic beef, etc. to demonstrate commitment to remaining BSE-free

Protect food supply, consumers, human health

·   Inspection of food supply

·   Implement ban

Protect animal health (from BSE)

·   Inspection system

·   Import restrictions-like ban

·   Prevention, education methods

Show Commission the states are important (limit Commission’s power/competence)

·   Withhold support for ban unless member states with no BSE get exemptions

·   Ensure members states maintain some authority in trade issues

Distinguish themselves from UK

·   Uphold support for ban

·   Demand exemptions

Promote exports

·   Lobby to remove US ban/limitations on imports

·   Marketing efforts

·   Distinguish from UK

Promote international trade norms

·   Ensure Commission follows WTO guidelines

·   Communicate with other member states concerning ban

 


EXHIBIT 18 – INTEREST CHART 6 (of 8)

PARTY

INTERESTS

OPTIONS

OBJECTIVE CRITERIA

BATNA

United Kingdom

Protect animal health from BSE

·   Implement ban on SRMs

·   Prevent import of any products/parts that have risk of transmitting disease

SPS Agreement

OIE Guidelines

WHO Recommendations

CODEX Recommendations

Maintain status quo

Protect human health, consumers

·   Implement ban on SRMs

·   Allow products that are necessar to save lives of EU patients, regardless of whether they have SRMs

·   Establish a certification system for products with no SRMs

Increase exports

·   Marketing

·   Ensure safety of products

Protect right to establish own, separate ban

·   Lobby Commission for support

Implementation of EU ban (on April 1)

·   Lobby Commission

·   Lobby other EU member states

Prevent spread of BSE

·   Scientific inspections

·   Prevention initiatives

·   Education initiatives

·   Support ban

 

EXHIBIT 18 – INTEREST CHART 7 (of 8)

PARTY

INTERESTS

OPTIONS

OBJECTIVE CRITERIA

BATNA

United States Trade Represen-tative

(USTR)

Prevent EU ban

·   Negotiate derogations with EU

·   Push for BSE-free status

SPS Agreement

OIE Guidelines

WHO Recommendations

CODEX Recommendations

Take EU to WTO

Promote US exports

·   Marketing

·   Ensure ban in removed

·   Bilateral agreements-negotiations

Obtain BSE-free status

·   Lobby EU

·   Lobby member states

·   Work with industries to get science right

Ensure implementation of EU exceptions (also only high-quality exceptions)

·   Lobby EU

·   Negotiate with EU

·   Take EU to WTO

Ensure international trade norms used

·   Follow WTO obligations, use DSB to take EU to WTO DSB

·   Encourage EU to follow the WTO obligations

Preserve relationship with USDA, EU Commission

·   Negotiate with objective criteria as basis

·   Separate negotiations from personal contacts

·   Make efforts to preserve relationship outside of negotiations/official busines


EXHIBIT 18 – INTEREST CHART 8 (of 8)

PARTY

INTERESTS

OPTIONS

OBJECTIVE CRITERIA

BATNA

U.S. Dept. of Agriculture

(USDA)

Prevent EU ban

Work with USTR to lobby EU and  push for BSE-free status

SPS Agreement

OIE Guidelines

WHO Recommendations

CODEX Recommendations

Take EU to WTO

Promote US exports

Work with USTR to negotiate market access agreements

Target new markets

Provide exporters with market access information, tips, etc.

Obtain BSE-free status

Work with USTR

Ensure that US monitoring system meets all guidelines set by the OIE International Animal Health Code

Ensure implementation of EU commitments; accept only high-quality exemptions

Work with USTR (see USTR #4)

Preserve relationship with USTR, EU

Work to keep personal relationship separate from official business, (see USTR #7)

Ensure safety of US food supply (protect human health)

Continue BSE surveillance and monitoring system

Ensure animal health (from BSE)

Continue BSE surveillance and monitoring system

Protect domestic animals

Import controls

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