EXCERPT FROM TRANSCRIPT CONCERNING GMOS (Translated using Google)

Original website: http://www.senado.gob.mx/servicios_parlamentarios.php?ver=estenografia&;tipo=O&a=2005&m=02&d=15

We now continued with the second reading to opinion of the United Commissions of Science and Technology, of Medio.ambiente, Natural Resources and Fishing, and of Legislative Studies Second, with project of Law of Bioseguridad of the Organisms Genetically Modified.

Every time the opinion is published in the Parliamentary Newspaper of this day, it consults the secretariat to the assembly, in economic voting if its reading is omitted.

With what object, senator?

- The C. SENADOR ARMING CHAVARRIA BARRIER: (From its bench) to inform to them that we wished to present/display a suspensiva motion.

- The C. PRESIDENTE JAUREGUI OAKS: We are at this moment consulting through the Secretariat the assembly, if the reading of the opinion is omitted. If the assembly authorizes it we will come to give its request.

- The C. SECRETARIO MELGOZA RADILLO: One consults the assembly, in economic voting if the reading of the opinion is omitted.

Who are because she is omitted, please to express it. (the assembly seats).

It is asked the members of the assembly again, if the reading of the opinion is omitted.

Who are because she is omitted, please to express it. (the assembly seats).

Who are because she is not omitted, please to express it. (the assembly does not seat).

Yes the reading is omitted, Sir president.

- The C. PRESIDENTE JAUREGUI OAKS: Consequently, it is to discussion the previous opinion in the general, and for such effect it has been received here before Directive Mesa in the terms of article 110 of the Regulation for the Inner Government of the General Congress, the suspensiva motion presented/displayed by senator Arming Chavarría Barrier, and in the terms of the own mentioned article I consult if some orador wishes upon presentment to oppose the presented/displayed motion later that senator Arming Chavarría does. It has the use of the word, Chavarría senator.

- The C. SENADOR ARMING CHAVARRIA BARRIER: With its permission, gentleman president. Companions and companions senators, I have decided to raise this tribune to own name and in representation of the parliamentary fraction of the Party of the Democratic Revolution to present/display a suspensiva motion in the terms of articles 109 and 110 of the Regulation for Inner the Government the Congress.

And desire to base the request or the proposal of the suspensiva motion.

Day 14 of December of the last year was sent to this Senate of the Republic a draft to us with decree project on the initiative of Law of Bioseguridad de Organismos Genetically Modified, and was evidently alternated to the commissions of Science and Technology, of Resources Naturales and Medio.ambiente, and legislation second.

We had, and had indicated like president of the Commission of Science and Tecnologi'a that given to the importance and the controversy that the subject has provoked to have a series of meetings and sessions with experts, specialists and scientists so that they thought on the matter.

And in that tenor it is that day 3 of February we summoned to meeting of commissions......

(It follows 9ª. Part)

... we summoned to the Union of United Commissions to listen to the voice of those who somehow agreed with the content of Minuta at issue.

I solicitd to Secretary of Commission of Science and Technology that could to be present in this meeting in my representation to take care of these guests, and of way surprise, I want it to say thus, of way surprise and without some of that speaks in its quality of President of the Commission of Science and Technology and of the other members of the Commission of Science and Technology, and also without knowledge mediated knowledge of that the Commission of Resources Naturales and Medio.ambiente nor of the members of that Commission does not preside over either, appears an Opinion to Minuta at issue so that it is affirmed.

It seems to me that this procedure, is an inadequate procedure, that does not appear in the Commissions of the Senate of the Republic.

I understand that somebody can be very interested and perhaps with a vocation on watch it presents/displays an opinion project to us, but less than they can wait for the presidents of the commissions and can wait for the members of these commissions, it is to have knowledge of which was elaborated.

It is necessary to indicate that day 3 of February that was the date at issue, there was no quorum in the commissions, was not read the Opinion, it was not discussed the Opinion and we have the estenográfica version where, for example, of the Commission of Science and Technology that was the unique one where was quorum, 5 of 9, the one of Legislative Subjects Second that half of the assistants only had and the one of Resources Naturales and Medio.ambiente they only attended 5 of 15 members, then ones was no the legal procedure so that this was approved.

And I want it to show thus, because it is an controversial subject that she worries to us. He is not that we are in against in general of the content of this law, that was even approved in the Senate in the 2003 with 87 votes to favor. What it worries to us it is the legislative procedure, it is the ninguneo, it is the lack of legality, the lack of ethics, to give a dawn attack without taking in consideration no longer we say to the presidents and not even to the members of these commissions.

And then what could be because a good faith act, by the urgency to legislate on the matter, because almost becomes a suspicion action. Because then I would say, why this procedure? Why not to make the procedure normal that we made in all the commissions? Or I ask our companions presidents to him of commissions: Since also that is put in our shoes. If they would be arranged to guarantee, to subscribe, to sign an opinion that absolutely did not happen through anybody.

Then, I indicate it because I want to appeal beyond the bottom discussion which we will give on the content of this Minuta, I want to appeal to sensitivity, the respect, the legality and that we replace the legislative procedure.

It must happen through a discussion in commissions, we have to discuss it in the Commission of Science and Technology. I do not know if the President of Legislation Second, Ling Altamirano, had participation in the dictaminación of this law. I do not know if Cecilia senator speaks by him...

- The C. PRESIDENTE JAUREGUI OAKS: The dialogues are not allowed, please. Continue the orador.

- The C. SENADOR ARMING CHAVARRIA BARRIER: Then, I indicate, companions to it, because a precedent is being based since we cannot allow in the Senate of the Republic. This is simple, simple and level because a traffic of illegal procedures and I thus indicate it for all, because it was not, I insist, neither presented nor it informed anybody nor was read nor it discussed, companions, and that we cannot allow it beyond which we agree or not with Minuta that sends the House of Representatives.

Then, based on this procedure that in my opinion is an illicit procedure, inadequate and antiethical, I want to ask for to my companions and legislating companions, senators, senators to him of the Republic that we pruned to give entrance to him and to approve this motion suspensiva that she does not persecute any other intention but that to replace a legislative procedure that obviously totally has been violated.

I make a call respectful, mainly to many senators of different political parties that are lawyers and who always have raised here with much moderation to plead for the law, by the legality. Hopefully which we find echo in this exposition and that the suspensiva motion for benefit of the legislative works of the Senate, because it is approved and we replace the procedure.

He is whatever, gentleman President. (Applause).

- The C. PRESIDENTE JAUREGUI OAKS: Consult the Secretariat to the Assembly, in economic voting, if it is to accept the presented/displayed motion.

- The C. SECRETARIO MELGOZA RADILLO: In economic voting, one consults the Assembly if it is to accept the presented/displayed motion.

Who are because she is accepted, please to express it.

(THE ASSEMBLY DOES NOT SEAT)

Who are because she is rejected.

(THE ASSEMBLY SEATS)

It is not accepted, Sir President, the presented/displayed motion.

- The C. PRESIDENTE JAUREGUI OAKS: We continued with the discussion of the Opinion. And it is to discussion in the general.

In order to make use of the word it will speak, in pro or against Verónica senator Velasco?

- the C. SENADORA Veronica VELASCO RODRIGUEZ (From its bench): In against.

- The C. PRESIDENTE JAUREGUI OAKS: Against the Opinion.

You have the use of the word.

- The C. SENADORA Veronica VELASCO RODRIGUEZ: With its permission, Sir President, companions and companions senators: When appearing to discussion the Opinion relative to the Law of Bioseguridad of the Organisms Genetically Modified, I make use of the Tribune to fix the position of the parliamentary group of the Ecological Green Party of Mexico not without before being sorry that sensitivity sufficient was not had like to have approved the motion suspensiva of the discussion of this Opinion.

Doubt does not fit that this is a country of political wonders. We were before the presence of an opinion product of the spontaneous generation, since peculiarly it was elaborated without they took part, as here it were mentioned, the presidents nor the technical secretariats of the responsible commissions to do it. Which would not be irregular, as long as this had been of the knowledge of the members of the commissions before putting itself to voting.

Still more, I must denounce that the arranged thing in article 86 of the Statutory law has forced to the General Congress of the Mexican United States, as well as articles 60 and 93 of the Regulation for the Inner Government of the General Congress of the Mexican United States.

First it establishes that it corresponds to the Ordinary Commissions and of Legislative Studies the analysis and the opinion of the initiatives of laws and decrees of its competition. Whereas the second, can be discussed without first it passes to the Commission or corresponding commissions and that these have considered.

Single this requirement will be able to be exempted in....

(part Follows 10ª)

... considered. This requirement in the subjects will only be able to be exempted that by express agreement of the Camera, were described like as urgent and obvious resolution; thing that has not happened.

The last article, to which it has referred to me, arranges that for the office of the businesses of their incumbencia the commissions will meet by means of appointment of their respective presidents and will be able to work with most of the individuals that form it; fact that it did not have either verificative. And if it were left doubt of it, the attendance lists can be consulted, mentioned here.

Combined to the previous thing it would be necessary to indicate that between the faculties of Directive Mesa of this Camera, she is the one to assure that the parliamentary opinions, agreements, motions, official notices and other writings, fulfill the norms that regulate their formulation and times of presentation. Thus it establishes article 66, interjection c) of the Statutory law of the General Congress of the Mexican United States; situation that has not happened either in the subject that today occupies to us.

Sir President, I request then, respectfully, who my affirmations, properly founded on right, build in the body of the Act of the corresponding session of the day of today; as well as the Newspaper of Debates for the legal effects to which there is place.

Happening then to matter.

This is the law initiative that will allow, without a doubt, to implement within the national legal frame the measures that they try to offer elements sufficient to carry out an adapted management, to everything what it has to do with the organisms genetically modified.

I must have to indicate that this law, so and as is, it does not represent the interests of everything and each one of the Mexicans.

In addition to which I am convinced, it contains serious deficiencies.

It would agree to here the present ones, to make a deep reflection on the historical moment that is called on to write and to ask to us to us if we are arranged to position in our consciences, with the responsibility of to have approved a law, that as is written up, seriously harms the productive sectors of the country, to the medio.ambiente and even to the human health.

In addition, of which surely, it will chain our nourishing security to the interests of groups that do not know that our roots are bound to the cultures deeply that gave origin to the civilizations of the world.

As ecological we considered that the Mexican policy about this so delicate, must be carried out in strict attachment to the dispositions of the Protocol of Cartagena, on bioseguridad; particularly to the application of the principle precautorio that maintains: that where there is scientific evidence of which an activity threatens to the biodiversity or the human health, they must be taken measured protective and mediate; even in the absence of the total scientific certainty.

This principle receives greater relevance, although for some it is beaten, we must recognize, that Mexico is a country megadiverso and center of origin and diversification of species like the maize.

And it is indeed the absence of this principle, which worries to us, not only to the legislators of the Ecological Green Party, but to many Mexicans that of one or another way has solicitd to be listened to.

There we are the agreement approved by the Congress of San Luis Potosí, received Thursday, in which explicitly they solicit to take a national consultation, around the multiple initiatives that each one of the parliamentary groups, in this Camera, has presented/displayed.

There it is also the agreement approved by the Congress of the State of Coahuila de Zaragoza, in which it is asked for to exhort to the Secretariat of Medio.ambiente and Natural Recursos, so that it stops the import of the transgénico maize.

To these requests the recommendations of the Commission of Environmental Cooperation of North America are added, that were given to us one week ago. If some of you you had opportunity to read, with thoroughness, the conclusions of the report, will have warned that is recognized the necessity to adopt a moratorium to the transgénico maize import, due to the risks that this entails to other species.

Still more, already some time ago we listened to alert voices, on the risks that the liberation of organisms genetically modified could imply to us not only for the medio.ambiente, but for the human health.

On the matter, we know that in some countries cases of people have appeared who already have been intoxicated to ingest this type of foods.

Other risks to the health, or warned, are the transference of resistant genes to antibiotics, transgénica food to cells, or bacteria of the digestive treatment.

For some it is valid to disqualify the arguments that Green of Mexico and the world we expose. Nevertheless, I consider opportune to question to those who put in doubt such affirmations.

Perhaps in Mexico we counted on risk studies that demonstrate the opposite?

How many studies that are not had of genetic flow have carried out to detect if nonrisk for the species exists or animals and vegetables which they make contact with enemy with organisms genetically modified, released to the medio.ambiente?

Which are the medical studies that demonstrate that there is no risk for the human health, if modified products are consumed that contain organism genetically?

How many of these studies they have occurred to know the public light?

The answer is very simple, do not exist; there are no such studies; we did not count in Mexico with the capacity to carry out studies of the dimensions that are required to corroborate if it exists or risk does not exist.

Remember that already a year ago, within the framework of the Permanent Commission, the parliamentary group of the Green Party presented/displayed an agreement point, soliciing information on the famous agreement signed by the SAGARPA, that allowed the transgénico maize entrance without labeling.

The answer, through this dependency was clear. It is not asked for labeled, because the analysis cannot be done, is infrastructure, nor personal no described for it.

If this happens in a matter of labeled, what we can wait for when it is the analysis of risk, passage by step and case by case.

In other types. This type of studies requires of a great investment and years of pursuit. In Mexico, I reiterate, is nothing is compared to them, like being able to affirm that the risk does not exist; that it is an invention of which they do not want the progress of the country.

On the matter, I want to make emphasis, in that the legislators of the parliamentary group of the Ecological Green Party of Mexico, of no way we are against to that Mexico is developed; and many less to than science do not progress.

As example could mention that this parliamentary group, it has voted to favor in different occasions, for example, in the Budget of Debits of 2005, so that more resources to the scientific research were destined, and that here in this plenary session, we also voted to favor of the creation of the National Genomic Medicine Institute, that provoked great controversies.

To which we are against, he is that to transcendental subjects, as it is, the one of the bioseguridad; they are continued privileging the interests of a few groups, instead of giving a time us to analyze and to include the demands of the majority; still more, we are against to vote please in a law, which with some of the modifications of which it was object in Colegisladora, it loses, in its totality, the spirit of protection to the bioseguridad, to favor, at any moment, the promotion of the biotechnology.

Legislating companions and companions: I reiterate that the draft with decree project of the Law of Bioseguridad of the Organisms Genetically Modified, lacks an important one to pound; the fundamental one, the one of the principle precautorio.

In this sense, I reiterate, we considered that to support the draft, without this basic and fundamental principle, it would be, in our opinion, unforgivable.

Reason why my party will vote in against, in the general.

Thanks, by its attention. (Applause)

- The C. PRESIDENTE JAUREGUI OAKS: In order to speak for the opinion, senator Adrián Alanis has the use of the word, of the parliamentary group of Institutional the Revolutionary Party.

- The C. SENADOR ADRIAN ALANIS QUIÑONES: Thanks, Gentleman President.

Companions senators, friends senators: ...

(SHE FOLLOWS 11ª. PART)

... companions senators; friends senators:

The Parliamentary Group of the PRI along with assumed the commitment the other represented parliamentary fractions in the Senate of the Republic, to construct, to create and to give form to an initiative of Law of Bioseguridad and Organismos Genetically Modified, inviting itself to a group of experts of the Mexican Academy of Sciences and the Institute of Legal Investigations of the UNAM, appearing before this sovereignty, the 12 of November of year 2002 and after an ample process of public consultation, meetings with the interested sectors, forums, seminaries, sessions of work with experts of bioseguridad and biotechnology, investigators, academic and, inclusively, consultations through the page Web of the Commission of Science and Technology, the opinion in commissions was approved unanimously, and the 24 of April of the 2003 east plenary session approved the opinion with 87 votes to favor and 3 in against, being sent the draft from that date to the House of Representatives, that is, more ago than 20 months.

And the 14 of December of the last year - they did 60 days yesterday gives back the draft to us with valuable contributions, enriched with an ample citizen consultation, with meetings with farmers, producers, environmentalists, representatives of the agro-alimentary chains, federal research centers, dependencies, nongovernmental organisms, institutions of superior education, regional, academic and representing forums of international organisms.

It, we have given fulfillment to one of the obligations most important that as Been Mexican we assumed when signing the Protocol of Cartagena, to send the legislative measures necessary to fulfill the treaty international, of regulating the use and safe handling and the transfronterizos movements of the modern biotechnology, with the purpose yet of protecting the biological diversity and the human health of the possible risks that can be presented/displayed.

Reason why the Congress of the Union said yes to a legal frame that regulates the activities of the OGMs; reason why the investigators and the experts said yes to a law of bioseguridad of organisms genetically modified; reason why the Mexican society said yes so that the legal bases for the development of new technologies in bioseguridad and biotechnology settle down.

The Parliamentary Fraction of the PRI is in favor of sending a law that regulate the activities with the OGMs, the purpose of protecting fundamental public goods, like the human health, the medio.ambiente, the biological diversity and the health animal, vegetable and acuícola of the possible risks that these organisms could represent to them, of establishing the bases for the suitable development of a new technology, that it generated and it used of responsible way can generate diverse benefits the country and to emit the national legal ordering that fulfills and orchestrates of detailed way the commitments and established generic forecasts in the Protocol of Cartagena.

Respect to the principles in the matter of bioseguridad, needed the relative one to the evaluation risks and incorporated the principle of access to the information on bioseguridad and biotechnology, fortifying the criteria to evaluate possible risks with scientific and technical evidence, and to consider like important element for the democratic development of the country, that the society counts on suitable means for the due access to the information that is generated surroundings to the bioseguridad.

In the matter of promotion to the scientific research and technological in bioseguridad and biotechnology, the colegislator gave one more a more concrete and practical direction to this type of investigation, to solve own necessities of the country, to benefit from direct way to the national producers with new productive technologies, to stimulate the creation and development of centers investigation public and to create the conditions for the development of the investigation in bioseguridad to evaluate and to monitorear the possible risks of the OGMs.

As far as the regime of permissions to release these to the atmosphere, the approach was fortified precautorio respect to the application of the modern biotechnology to alive organisms. The Parliamentary Fraction of the PRI, agrees with the colegislator in the sense to gradually advance and precautoria in the application of these new technologies and that to the time are created the conditions for the development of products genetically modified of safer way.

The importance of Mexico like center of origin of diverse species is recognized in the draft animals and vegetables, several of them with a projection and well-known global importance. It is reflected in the novel incorporation of mechanisms for the determination of centers of origin and genetic diversity of species, as well as the establishment of restrictive rules to make activities with OGMs in this center.

With respect to the protected natural areas of federal competition, one settled down originally the forecasts for his protection here respect to possible risks of OGMs, that they are tried to use confinadamente or to release to the atmosphere, due to the biological and genetic importance of the same ones. This protection was reinforced by the colegislator and the evaluation of the risks is case by case.

The obligatory nature of labeled of seeds or the vegetative material genetically modified for sowing, culture and agricultural production, will allow to guarantee to the producers the information, identification and safe handling of this type of insumos and, as well, will allow to the corresponding administrative authorities its control and monitoreo.

In the matter of responsibilities by damages caused by the illegal use of OGMs, the colegislator made precisions to distinguish the different types from responsibility that could badly derive from the use of the OGMs and their consequent affectation to goods of third, from the medio.ambiente or the biodiversity and the society in general by means of the probable commission of crimes.

In the matter of damages to the patrimony of third, the legal entailment settles down necessary so that it can be gone to the suitable ordering to determine the applicable responsibility and to sanction the person who infringed the damage.

In addition, the obtaining of suitable tests is facilitated to the people affected directly in its goods to credit to the damage, establishing the possibility that in a civil judgment the judge directly asks for a specialized organism, the elaboration of a technical opinion with probatory character and without cost some for the applicant.

This draft must be approved in its terms, to effect to lay the the foundations and the legal frame for the safe application of a the modern biotechnology and, with it, to guarantee the protection of the atmosphere, the biodiversity, the human health and the health animal, vegetable and acuícola, as well as to give to legal certainty for the investigation and technological development in biotechnology that is translated in the solution of problems and own necessities of our country in benefit of the Mexicans; in addition, with this draft of law the existing lagoons and insufficiencies in our own legislation will be covered, when sending itself a single integral specific ordering of the bioseguridad.

Therefore, it is considered that the few dispositions that exist in different orderings like the General Law from Health, the Federal Law of Vegetal Health, the Law of Production, Certification and Commerce of Seeds, among others, will be surpassed and insubsistentes to be tacitly countermanded according to legal principles and to the transitory dispositions.

- the C. SENADORA EMILIA PATRICIA BRAVE GO'MEZ (From his curul): Sir President, an interpellation.

- The C. PRESIDENTE CAESAR JÁUREGUI OAKS: Permítame the orador.

With what object senator Brave Go'mez?

- the C. SENADORA EMILIA PATRICIA BRAVE GO'MEZ (From his curul): Sir President, with much respect to ask for a question to him, if I can make a question to that is in the tribune.

- The C. PRESIDENTE CAESAR JÁUREGUI OAKS: Would accept the orador this interpellation?

- The C. SENADOR ADRIÁN ALANIS QUIÑONEZ: It advanced, please.

- the C. SENADORA EMILIA PATRICIA BRAVE GO'MEZ (From his curul): I listen kindly what our companion is externando and calls the attention to me, that that says its decision was guaranteed by the Mexican scientists....

(It follows 12ª. Part)

... that says that its decision was guaranteed by the Mexican scientists.

I wanted to ask to him, concretely. If he read the manifesto that left today published?

- The C. PRESIDENTE JAUREGUI OAKS: It advanced, Sir senator.

- The C. SENADOR ADRIAN ALANIS QUIÑONES: Yes, Sir President.

With much taste we respond to the question and, indeed, we have, and here they are present many of the scientists, who I can be here saluting, I am seeing Francisco Bolivar; I am seeing, inclusively also, of the Institute of Legal Investigations of the UNAM, am seeing Lomeli Robert '; I am seeing the lawyer Of Madrid; I am to several, here present.

But I mean to him to who does the question to me, that indeed, we have read it, and also we have here on the part of the Consultative, Scientific and Technological Forum, signed by doctor Jose Luis Fernandez, all the information and all the support for this Law of Bioseguridad.

We also have here, to part of that, on the part of which it is the Mexican Academy of Sciences, also signed by doctor Octavio Walls Lopez, like President of this Academy of Sciences, also all the support that is occurring to this draft, that we ourself we initiated here in the Senate.

We have, practically, 3 years, from the 2002, that were created here in the Senate; this Initiative is not born of by there, and arrives. No, it was born here, all we began to create and to organize, with the support of great experts, this initiative that today becomes, indeed, in a draft, that comes 20 months to us after the House of Representatives.

To part of that, important what that right now it is making the question the senator, and with much taste also we respond to him, because How is possible that one comes to this tribune and that says that 14 Senators of the Republic, in United Commissions, day 3 of February, they did not know what they were signing?

Peculiar what that also comes to this tribune, and says to us, that then, to take care of the President of the Commission of Science and Technology, it says to us that it did not know what it was, when personally I inquired it, and when in addition to that, said please to me that; it did not say to me that it took care of then special guests, who presided over the United Commissions, and part of that, said me that because, nor way, that its party had, then, concentrated to all in the State of Guerrero, because he was the more important the one of Guerrero that the one of the Commission of Science and Technology.

- The C. PRESIDENTE JAUREGUI OAKS: Alanís senator, would ask to him if he has concluded with the answer to the interpellation?

- The C. SENADOR ADRIAN ALANIS QUIÑONES: No, still I have some others more, gentleman President.

- The C. PRESIDENTE JAUREGUI OAKS: In answer?

- The C. SENADOR ADRIAN ALANIS QUIÑONES: Yes, within the same answer, that is, since they are giving the opportunity me.

- The C. PRESIDENTE JAUREGUI OAKS: Continue.

- The C. SENADOR ADRIAN ALANIS QUIÑONES: It stops once to say to them that, within these restlessness that there are, and to be able to give answer, within the Commission of Science and Technology, we are 8, we were 5, was the gentleman senator Manuel Bartlett; he was senator Rubén Zarazúa; Yearling calf was the Rescuing senator; he was the gentleman senator Arming Méndez of the Light, nothing else of a single commission.

And when they speak to us of the Commission of Legislative Studies, of course that was Senador-Presidente Federico Ling Altamirano; she was also the senator Victory Eugenia Méndez; she was senator Filomena Margaiz Ramirez; he was also, on the part of the Commission of Medio.ambiente, Verónica senator Velasco; senator Víctor Manuel Méndez Lanz; the senator Jose Adalberto Castro I castrate; the senator Jorge Abel Lopez Sanchez, and senator Antonio Santisteban Ruiz.

This What means? This means, to Sir President, in relation to the answer that we are giving, that how is possible that it is possible to be expressed here in this tribune of which a legislative procedure was not carried out, when the President is not the proprietor of a commission? For that we are all the gentlemen and ladies senators. We also needed respect to the decisions that are taken then.

And they were also all the members of the academy there that were participating, and that with much taste, that was from day 3 of February; we are to 15 of February, that is, already they have spent several days, they have wanted to make motions suspensivas, they have wanted to stop this to have people to us was there. Anyway we are going to continue having to work.

With this I conclude, and I am going to continue finishing the position that we had from a principle. Nothing else that now already we had left 17 seconds, Sir President, I request to him there, please, his understanding, to at least both replace minutes me that lacked.

There are some voices that did not want the scientific and technological advance of our country, and that obeys to other interests, mainly of some groups with international interests, that express and criticize with lack of seriousness the legislative work in commissions, doing less to all the scientists and Mexican investigators; to all academic serious, the responsible ones and it jeopardize with its country; legislators who we are fulfilling our voters, not with the transnational ones; that we constructed and we legislated with transparency, with consensuses, consulting to the majorities, but mainly, with the only interest to serve the society, to which we must, and still further on, the greater one of all the commitments, constructing the future of our generations, lowering with wisdom and efficiency to hambruna, that he is the worse one of the evils of our humanity, the ignorance, laziness, the indifference and the indecision is the brake of the development and the democracy.

Thank you very much. (Applause)

- The C. PRESIDENTE JAUREGUI OAKS: In order to speak against the opinion, senator Arming Chavarría will make use of the word.

- The C. SENADOR ARMING CHAVARRIA BARRIER: Thank you very much, Sir President.

We have knowledge of which in 2000, indeed, the Protocol of Cartagena was signed.

And that in 2002, was approved in this Senate, the ratification of the agreement, of the protocol.

And also that in name of that same year appeared the Initiative of Law and was approved, indeed, in this Senate of the Republic, April of the 2003. That, companions, companions, are not to discussion.

In other circumstances, we could have approved the draft project that today appears.

But I what I emphasized in the proposal of the suspensiva motion, that lamentably was not approved, I mean it, as it is, very textually, because there was dolo, there was nigh raid, there was dawn attack, there was triquiñuelas, to say it colloquially.

Because although it is certain, I had asked for him that she preceded to me in the word, that was to the front of these commissions, to listen to the opinions of some scientists, whom beside the point they deserve my respect, many of integral them of the Academy of Sciences of Mexico, connoisseurs, without a doubt some, deep of this thematic one so specialized. But also it is necessary to say, that to be balances we had to the intention to listen, to not less, to less not described scientists than they had cuestionamientos on the draft.

And indeed the day that we were going to listen these scientists, was the day who already were seting out, was last Thursday, that was approved, was discussed and the opinion in this Senate was approved.

I indicate it, because créanme that it is not the eagerness, is not the eagerness to disqualify a work that has become during years, nor I am saying either that this arises overnight. In which I want to call the attention is that it was a deeply messy procedure, and that it places in the line of suspicion to those who did it. Because being a so important, so controversial, so transcendental subject for the country...

(It follows 13ª. Part)

... so transcendental for the country, the thing cannot be taken since that day became.

I mean and to mention it here, who the immense majority of the senators who we comprised of this opinion, we knew the content not even occurred reading him, much less discussed itself.

And indeed being a subject so specialized sometimes some senators, because we need elements to have a clear vision on the subject and for that reason we had drawn up the way to listen scientists, who gave their opinion on the draft that had been sent to us of the House of Representatives, and this procedure was truncated by the extreme haste that some demonstrated so that this outside already considered.

And then companions and companions senators, this remembers the title to me of a film truth, that is called and where this drinks? Here the question is and who elaborated the opinion?

And who elaborated the opinion because we did not have knowledge of it, truth because it became by an inadequate route.

Then, I what I indicate companions, she is that we cannot seat a precedent of this nature, now I yes I believe that if we are delivering the attack like legislating on this matter and that in the general we agree in which it is legislated and the use of the transgénicos in our country is regulated, because it is worth the trouble to do it well.

And at least of the draft that was sent to us by the House of Representatives, there are two subjects that of once him advance president, if this in the general is approved, we are going to reserve article 101 and 121, because in those articles one, she has to do with the preoccupation of people truth, not only the seeds of origin, but the derivatives because they are labeled and that people decide if she consumes them or no, that is a preoccupation of many, of million citizens.

And it is necessary to secondly say it, that in some countries of the European Community because this becomes, and the other subject that is going to also generate discussion and controversy because we are going it to present/display, has to do with the article 121, that speaks of if the context is a subjective or objective responsibility.

Because according to as comes the draft, because it is indicated that only when there is a use or illegal handling of the transgénicos that affect to third, they will be sanctioned.

And what we indicated it is that even with the use due within the normatividad, it is possible to be caused damages to third and that it responds for that reason.

But good, that will be a discussion that we will give at its moment if this law is discussed in the individual.

By that I have exposed, companions and companions senators, I want to express that the parliamentary fraction of the PRD in the Senate of the Republic, because she voted against this draft with decree project of Bioseguridad and Organisms genetically modified.

He is whichever gentleman President.

- The C. PRESIDENTE JAUREGUI OAKS: In order to speak for the opinion, Joaquin Montaño Yamuni grants itself to him to the use of the word to the senator, of the Parliamentary Group of the Party National Action.

- The C. SENADOR JOAQUIN MONTAÑO YAMUNI: Thanks Sir President, companions and companions senators:

In relation to the project of the Law of Bioseguridad of the Organisms Genetically Modified, which it deserved the approval of this Camera day of April of the year 2003 and 24 Camera Colegisladora, who introduced modifications in the decree draft the 14 of December of the last year, the Parliamentary Group of the BREAD in the Senate of the Republic, it shows the following thing:

The permanent necessity to have satisfactores that take care of the demands human of food, dress and obtaining of raw materials for the product elaboration diverse, has been the cause of which from the sprouting of agriculture, the plants of interest for the man have been cultivated, selected and consequently improved in characteristics such, with greater yield, nutricional quality, facility of culture and resistance to the bióticos or abióticos agents who affect them.

In this order the modern biotechnology, is one of the areas of the scientific knowledge of more excellent evolution in the last 20 years and that greater impact has had in so diverse sectors, as agriculture, the cattle ranch, the health and the medioambiente among others.

Their implications involve and affect of simultaneous way and novel in all the scopes of the society, in the case of our country, more than 105 million inhabitants we faced great challenges to provide in next the 15 necessary years, services and conditions for a worthy life, safe and nutritious foods, medicines, health, medioambiente, insurance, et cetera.

Challenges these, that represent extraordinary efforts for the society everything, same that we must face and solve of arranged, intelligent and respectful way.

For that reason we considered, which the biotechnology is one of the most powerful tools with than Mexico counts, to contender with much of the national challenges.

In this order, the modern biotechnology, for a country biologically diverse mega like ours, must be used for the handling and preservation as our indispensable resources and for the sustainable maintenance as the national ecosystems.

For the fraction of the BREAD, in the specific land of the bioseguridad in the activities of the modern biotechnology, the systematized and harmonic regulation, today holds to discussion, is congruente with the international criteria, the operative elements adapted to give him to effectiveness and for the evaluation and monitoreo of the biotechnological risks, that the legal security of that makes activities of investigation, production, commercialization and in general handling of the organisms genetically modified and of products obtained from such guarantees.

To count on a bioseguridad frame, is of the greater relevance for Mexico, since by means of this instrument it will be possible to be analyzed the general principles, for the evolution of particular problems.

The evaluation case by case, the benefits and the risks of the use of organisms genetically modified, the law that today is put under approval, assure the suitable normatividad to avoid the accidental liberation to the medioambiente of organisms genetically modified, originating of remainders of any type of process in which it has been used these same organisms.

The law also needs the competitions the diverse dependencies that they have to do with the bioseguridad, defining the functionality to effect of not having no type of interest conflict.

For it, this propitious legislation and it assures mechanisms that allow to establish responsibilities to that or who infringe the normatividad.


For National Action, this law frame, has principles and norms that affect other laws, that are due to review and to reinforce in the aspects of bioseguridad of the handling of organisms that are not organisms genetically modified and in individual the pathogens.

There is another aspect which we do not have to let pass through stop as far as this legislation, and is the case that also a legal space is opened, to regulate by means of specialized norms the bioseguridad, as it is the advantage of the genetic resources and the intellectual property of biotechnological products.

Also it is to emphasize that to be approved this legislation, we will be able for the first time to create in addition to a model and policies of farming and industrial development, based on scientific expectations of long reach, of great strategic importance for the country.

In sum....

(IT FOLLOWS 14ª. PART)

. . . strategic importance for the country.

In sum, the Parliamentary Group of National Action, considers, that supposedly injurious the residual effects and some groups and organizations have indicated like arguments against the approval of the mentioned law, lack empirical evidence in which they talk about genetic modification of organisms, that for many decades have been coming modifying diverse agricultural species genetically and cattle without the tried injurious effect has been able to verify, that the effects of not allowing the genetic modification of the species, they doubtlessly harm the economic development of the country, and very particularly of its nutritional industry and subsistence, that this affectation to the national interests, harness with the fact that most of the legislations of other countries, they allow and they foment the genetic modification of the organisms, that of the cause that all legislation is called to affect certain particular interests, cannot derive the conclusion to maintain the delay of the country in questions of general interest.

I want to make a parenthesis to say at this moment to them that, is a great debate in several states of the Republic to be the motor, agriculture, the economic motor of those federal organizations.

From Baja California, Sonant, Sinaloa, Chihuahua, Nayarit and some niches of production as it is the state of Tamaulipas and Guanajuato, a problem is had that without a doubt is one of the acute problems and lacerantes than the country lives, the problem of public health, only in the Valley of the Yaki, the Valley of the Reed, the Valley of Culiacán, already is denominated to him the Valley of the Death, because there hundreds of children die annually by leukemia problems, of cancer in the blood, produced by the excessive use of agroquímicos, produced by the indiscriminate dose of all the plaguicidas and pesticidas that are used in the agricultural fields.

Only the year last in the use of transgénica seed in the state of Chihuahua, the five was avoided agroquímicos application of product, this is one of the most important causes that we must attack by the use of the transgénicas seeds, the public health, and there it is the fact, if we want to fight with efficiency, one of the serious problems of the country that is the health, we are improving the genetics of the seeds, are improving the biotechnology so that our children and our adults who work in the field have greater security.

By all the previous one, the Parliamentary Group of National Action authenticates his parliamentary support to the Project of Law of Bioseguridad of the organisms genetically modified.

It is how much, Sir President.

- The C. PRESIDENTE JAUREGUI OAKS: With the previous intervention we have concluded the list of oradores to that article 96 of the Regulation for the Inner Government of the Congress talks about, reason why now by the route of the rectification of facts, Jorge Abel grants itself to him to the use of the word to the Senator Lopez Sanchez of the Parliamentary Group of the PRI, until for five minutes.

- The C. SENADOR JORGE ABEL LOPEZ SANCHEZ: Very well, thank you very much, Sir President.

Only, dear senators and senators, to comment out some with respect to this Law of Bioseguridad. I in the general am in favor of this law, believe that it is necessary, the country needs it and obvious many of the rural producers of the country we needed it and we are demanding it and comes to improve obvious and to regulate fundamentally this matter.

Certainly as Alanís Senator said to it here, infinity of investigators, scientists, academic organizations of academic, institutions, were participating to create, to construct this excellent - with certain errors - this excellent Law of Bioseguridad, but as all law is not perfect, all the laws have imperfections, require modifications to the same ones, present ours also it has some faults that we must correct, at his moment I will already speak I, I have reserved for 101 article and article 121 of this Law of Bioseguridad, and we must remove this law, nevertheless, I am of the opinion that before removing a law of this nature, of as much importance and importance for the productive life of the country and the health of the Mexicans, we must correct errors, beyond the haste, that not to return it to the House of Representatives there are to remove it as it is, I I consider that there is to correct the minimum faults that these are, but by minims that are, they require an objective observation of part ours, because they affect million of Mexican.

And for that reason it is that I wanted to make them arrive at you, through this microphone, some commentaries that went what to me it called the attention to me, the Presidency of the Commission of Rural Development of the House of Representatives did in the plenary session, when this Law of Bioseguridad was discussed and which they were not taken care of this type of commentaries.

They are some proposals, says to the Commission of Rural Development, absentees, some strategic proposals that they are absent in this draft of Law of Bioseguridad of organisms genetically modified.

1. - A true legislation on Bioseguridad, it would have to give protection to the rural producers, as much conventional as the organic producers; this protection implies not only the guarantee of which their products will not be contaminated by organisms genetically modified, but the right not to use this type of organisms genetically modified.

2. - The legislation it must in front of establish very strong responsibilities to the physical people or moral people in charge of violations of the protection mechanisms and regulation organisms genetically modified.

Penal and civil sanctions like strong payments by remediación and cleaning, coherent with the dimension of the violation and the value of the infringed damage, the sanctions must be agreed with the sanctions established in countries with severe laws of Bioseguridad.

3. - A legislation of Bioseguridad, it must protect, and here I make a call to the senators of the grain producers, the states, fundamentally that they cultivate maize, frijol, chick-pea, et cetera.

A legislation of Bioseguridad it must protect the cultures of national strategic species like maize and frijol, but not solely to those, it must protect the biodiversity and the centers of origin of endemic species.

4. - The legislation of Bioseguridad it must recognize the election right and information of the producing importers, processors and consumers, a generalized mechanism can be the labeled echo obligatory.

Finally.

5. - The legislation of Bioseguridad it must establish a strict maximum threshold of remainders of organisms genetically modified that protect to the atmosphere and the population and that is coherent with the constitutional spirit and the secondary laws of rural development, health, protection of the medio.ambiente, of access to the public information.

This threshold or maximum limit of rastreabilidad must be smaller to the unit. These are some commentaries smaller than the Commission of Rural Development of the House of Representatives presented/displayed in the plenary session when this law was discussed, and that they were not taken into account.

We are going to comment in the next minutes articles 101 and 121 where we are establishing clearly that somehow ambiguity in these articles exists and is left without defenselessness to the consumers and the rural producers of the country fundamentally.

For that reason, companions senators and senators, I want to call the attention, from right now, so that we see with objectivity article 101 and article 121 and we do not go away by the easy legislation, not having to return it to the House of Representatives is necessary to remove it as she is, soon we will already make reforms to the same law. Companions, it is not necessary to remove a good law, if before we are observing faults, if we are observing errors, is necessary to amend before removing the law to them.

By its attention, thank you very much.

- The C. PRESIDENTE JAUREGUI OAKS: By the same one via of the rectification of facts Senator Emilia Patricia will make use of the word Brave Go'mez. . .

(part Follows 15ª)

... by the same one of the rectification of facts, senator Emilia Patricia will make the use of the word Brave Go'mez, of the parliamentary group of the Ecological Green Party of Mexico.

The C. BRAVE SENADORA EMILIA PATRICIA GOMEZ: Thank you very much, Sir president.

Legislating companions and companions:

By the route of rectification of facts I can say to them that the protocol of Cartagena does not stimulate the introduction of organisms genetically modified, on the contrary, introduces the precaution principle.

We listened kindly what here she pronounced herself by our companions who are in favor of which the draft vows as it is. And we also listened to the names of different here present scientists, to who I give the welcome them.

Nevertheless, there are many others that are not here, like that signed the unfolded one where they show all the pro or cons who could have.

The senators of Green we are firm believers of which we can have a sustainable development with the due precaution of the medio.ambiente.

We are not in opposed positions, we are not in a denied form to see the introduction of the organisms genetically modified. Like example, fríjol of soya has been having for many years and in the one hundred percent genetically it is almost modified and they consume all the Mexicans.

Many scientists have guaranteed this draft. I ask: which concretely? There are others were in two here present meetings in the Senate. One that said to us that it was a press conference. And other than said to us that it was a work meeting, which they attended Ernesto Kerlin, director of the Protected Natural Areas, as well as Ezequiel Escurra, president of the National Institute of Ecology, that declared there in the meeting, that they could not think about the draft, that responsibility to legislate corresponded us to us.

I agree in it, is lamentable that can be voted a draft and by ignorance it vows bad and that we have a bad law and lamentably more even it is than that yes has this knowledge as these two people have preferred not to think; that is, it could plus his interests personal that to think on which they are responsible and very textually I mention the person in charge of the Protected Natural Areas.

I ask: In Mexico in què place is no maize?

In què place not sowing maize at least for the consumption of the agriculturists?

In none

Of què way we are going to protect the protected natural area?

Against the genic flow.

We are going to prevent that it passes the wind?

We are going to prevent insects polinicen from a side to others, fields or of organisms genetically modified or no?

This unfolding was signed by more than 50 scientists, many of them members of the Academy and, nevertheless, they said that his president cannot think by all of them.

We must legislate, if '; and we must legislate well.

Them memory, companions and companions, who we have an obligation and a responsibility until with one seventh generation of Mexican.

My fraction has very concrete points against this draft. The content of the draft foments the use of organisms genetically modified instead of guaranteeing the bioseguridad.

To weaken the principle precautorio; It omits to incorporate the procedure in based agreement previous; it establishes a regime of responsibility that does not correspond to the nature, probably dangerous of the organisms genetically modified.

It establishes a special regime for the maize and the free zones of OGMs; the use of organisms genetically modified in protected natural areas is allowed, but mainly the law restricts the public participation. We left in defenselessness our farmers.

I ask: If the company or the same companies that genetically produce the modified organisms is the same companies that produce and deal with the pesticidas and fertilizers, then that is, as in the case of Montalvo: where it is the ethics, where is the moral?

Companions and companions:

I ask you a reflection, not because already it is the draft; not because it has appeared by art magic in this Senate of the Republic and we feel with the responsibility of not returning it, we vote a bad law; A bad one is not worth by one less bad; he is better to legislate with the responsibility, because we are responsible until for one seventh generation of human beings.

By its attention, thank you very much. (Applause)

The C. PRESIDENTE TO STOP JAUREGUI OAKS: Consult the Secretariat, in economic voting if the subject is discussed sufficiently in the general.

The C. SECRETARIO MELGOZA RADILLO: It is consulted, in economic voting if...

The C. PRESIDENTE TO STOP JAUREGUI OAKS: Permítame the orador.

With què object, senator Yearling calf.

The RESCUING C.SENADOR YEARLING CALF RODRIGUEZ (from its bench): President, was informed to me who was enrolled I to participate.

The C. PRESIDENTE TO STOP JAUREGUI OAKS: I do not have it credited, but there would not be any disadvantage in if you wish to make use of the word, by the route of the rectification of facts.

He is asi '?

The RESCUING C.SENADOR YEARLING CALF RODRIGUEZ (from its bench): Yes.

The C. PRESIDENTE TO STOP JAUREGUI OAKS: You have the use of the word.

The C. RESCUING SENADOR YEARLING CALF RODRIGUEZ: Thanks, gentleman president.

Honorable Assembly:

Like member of the parliamentary group of National Action in this Senate of the Republic, express our satisfaction by the important profit that we can reach today with the approval of the opinion to give use to the Law of Bioseguridad de Organismos genetically Modified.

The long time used by this Honorable Congress of the Union for the study and discussion of this new law, that on spends years both, is a clear manifestation of the importance and complexity of the subject that occupies to us.

Desire to stress that the draft in discussion has been object of multiple works for its study and discussion, as much in the House of Representatives, like in this Senate of the Republic, concluding a solid document that will impel the application of the modern biotechnology of way responsible and in benefit for the sustainable production of our country.

Legislating companions and companions:

Without a doubt, there are good reasons to be contentments today, because we are before the opportunity to approve an instrument legal that she will eliminate barriers the application of the biotechnology in the Mexican field.

Consequently, we will extend our economic potential with the use of organisms genetically modified, that properly being used will bring substantial benefits to the rural producers, as it already happened in country developed where the Transgènicos has been revolutionizing the farming activity for several years.

He will be very rewarding that in this subject the Senate of the Republic has the eyes put in the future and the progress, because the legislators of National Action we proclaimed that the conscience of our rich history, of our huge past, and the pride of which we are, do not have to be anchor, but catapult and strength to undertake without fear new ways that lead us to the solution of our problems, modernity and place to Mexico in the concert of the successful nations.

Without a doubt some, the generating modern biotechnology of Transgènicos organisms is a valuable tool for the development and well-being of the humanity.

It is enough to indicate that transgènicas varieties with resistance to plagues have been obtained, or diseases or to the salinity of the ground, or to the herbicidas, or the drought.

These Transgènicos...

... or to the drought. These transgénicos allow the increase of the yield, as well as to reduce the culture cost and, simultaneously, they avoid the contamination of the atmosphere by the application of agroquímicos or do not reduce the water consumption that every day is the more little.

Also varieties with very high nutricional content have been freed that can help the combat of the undernourishment, lacerante problem in many regions of our country. Nevertheless, in spite of these surprising profits it is possible to be said that the enormous reaches of the biotechnology as soon as they are glimpsing because most valuable it is about to to come.

In spite of these kindness of the biotechnology it is necessary to recognize that as any technology the use of the transgénicos does not lack risk either. For that reason, we must biologically count on a Law of Bioseguridad adapted to a country megadiverso like Mexico that guarantees a level adapted of protection to the human health, the medio.ambiente, the biodiversity and the health animal and vegetable.

The senators of National Action we considered to the draft in discussion like a good product, final result of an ample discussion enriched by the contributions of all the interested sectors. We are convinced that the new law establishes the suitable measures to give to a sensible balance between the opportunities and risks of the biotechnology.

On the one hand, it will give to effective impulse to the generation and advantage of the organisms genetically modified, but simultaneously, it establishes the precautorios orderings necessary to diminish the risks of this technology.

Companions and companions senators, I exhort to give them its approval to the Law of Bioseguridad de Organismos Genetically Modified that will make possible the occurrence of a technological jump in our country. I invite to that our decisions privilege the new opportunities of development over the fears to the risk, the stranger.

That the comfort of the present, the anchorage to the security of the reached thing, never has been used for the construction of a great Nation. Thanks for its attention.

- The C. PRESIDENTE JAUREGUI OAKS: We have exhausted the stage of discussion in the general, before coming to the voting of the general of the opinion, I inform that they have reserved for its discussion in the individual fraction XI of the article 2º, the article 9º in fraction XVIII, article 90, 101 article and article 121.

- Consequently, the electronic system of voting ábrase, for three minutes, to gather the voting in the general and of the articles that have not been reserved of the decree project.

(the voting takes shelter.)

- The C. SECRETARIO MELGOZA RADILLO: Sir President, 87 votes in favor of the opinion, 16 in against and 6 abstentions were emitted.

- The C. PRESIDENTE JAUREGUI OAKS: It is approved in the general and articles nonreserved of the decree project by which the Law of Bioseguridad of the Organisms Genetically Modified is sent.

- We happened to the discussion in the individual, previously have been registered to speak on these articles Verónica Senator Velasco, the Senator Jorge Abel Lopez Sanchez and Senator Arming Chavarría. I ask If somebody more wishes to make use of the word?

- Verónica Senator Has the use of the word Velasco, of the parliamentary group of the Ecological Green Party of Mexico, in regard to which she is going away to refer reserved articles altogether, she will make use of the word until by ten minutes.

- The C. SENADORA Veronica VELASCO RODRIGUEZ: With his venia, gentleman President: I go then to this tribune companions and companions senators to propose to the Plenary session of this sovereignty some modifications to the draft with decree project of the Law of Bioseguridad.

In view of the recommendations emitted by the panel of experts of the Commission of Environmental Cooperation of North America of the Free Trade Agreement, that it suggests to maintain the moratorium in the commercial flow of the maize genetically modified, until in as much it does not exist conclusive scientific information on the possible impacts and implications of its liberation to the atmosphere, one sets out then to clarify that the special regime applied to the maize would consist of a subject moratorium to the eventuality which more accurately scientific datas are known that could allow their rise in order to guarantee the protection of this species, center of origin, and to apply to the principle precautorio.

In this sense the propose writing is the following one: article 2, to fulfill its object east ordering has like purposes:

Fraction XI, to determine the bases for the establishment case by case of free geographic areas in which it is prohibited and those in which the taking of steps with certain organisms genetically modified is restricted, as well as of cultures of which Mexico is center of origin, in special the maize that a regime of special protection will maintain, for which a moratorium in the liberation to the atmosphere of the maize genetically modified will stay, as much in program pilot, as commercial in all the national territory until in as much does not exist with scientific certainty the inocuidad in the liberation to the atmosphere of the same one, previous opinion of the CIBIOGEM, the Council Consultative Scientist, of the Mixed Consultative Council and the Mexican Council of Rural Development Sustainable.

On the other hand, with the intention of fomenting the social participation in the decision making one sets out to add to the text of the Law the possibility of making public consultations of information to allow to the participation of the citizenship in the formulation and conduction of the policy in the matter of Bioseguridad.

In this tenor we propose the following writing: article 9, for the formulation and conduction of the policy of Bioseguridad and the expedition of the regulation and the Mexican official norms that derive from this Law will observe the following principles:

Fraction XVIII, the Mexican State will guarantee the public access to the information in the matter of Bioseguridad and biotechnology to that this Law talks about, in accordance with the established thing in this ordering and the dispositions applicable to the access matter, to the governmental public information.

Also, the right will be due to guarantee to participate by means of a public meeting of information and a public consultation through the regulation that stops such effect sends. Since the establishment of free zones of OGMs has as main target the protection and the conservation of the biodiversity sets out to grant to the SEMARNAT a more active paper so that in agreement with the SAGARPA they establish these free zones; also, the writing is modified to do it simple and to allow that it is the regulation of the Law the one that establishes the particularitities in the establishment of these zones.

In this sense, the following writing sets out then: article 90, free zones of organisms genetically modified for the protection of products will be able to be established organic and/or farming products according to the following general lineamientos:

One, the free zones will settle down when it is areas of organic production or conventional and scientist demonstrates itself technically or that its coexistence is not viable or who they do not fulfill the normative or commercial requirements.

Two, these zones will be determined by the SAGARPA and the SEMARNAT by means of agreement that will publish in the Official Newspaper of the previous Federation opinion of the National Commission for the Knowledge and Use of the Biodiversity, taking into account the established thing in fraction I of the present article.

Also, the states and municipalities.......

(PART FOLLOWS 17ª.)

.....del present article.

Also, the states and municipalities will be able to determine the creation of free zones, of organisms genetically modified in the scope of their respective competitions.

Three. The determination of the free zones of OGMS will be able to be made to described request of organic producers, interested communities and/or the governments federal state and municipal.

Four. SAGARPA and SEMARNAT will establish in the permissions and authorizations granted for the OMGS liberation the safety measures that will be due to adopt from the areas of damping of the free zones of organisms genetically modified in order to guarantee the due protection from the areas to that the fraction first of the present article talks about.

One of the controversiales articles in the draft that today discusses, is without a doubt the relative one to the labeled one of the products for the direct consumption human that modified organisms contain genetically, on the individual I consider opportune to indicate that article 101 of the draft with decree project by which the Law of Bioseguridad of the Organisms Genetically Modified is sent, stable in its paragraph the first obligation to brief in the label of the products for direct consumption human, that contain OGMS, the explicit reference of this quality, as well as its nutritional composition or its nutrimentales properties.

This only in the cases in that these characteristics are significantly different from respect to conventional products.

Then, the writing of the mentioned article implies three legal inconsistencias: in first term it contradicts the text of the own law. The article first of the draft establishes that the Law of Bioseguridad of the Organisms Genetically Modified intends, among others, to prevent, to avoid and to reduce the possible risks that these activities could cause to a the human health, or to the medio.ambiente, and the biological diversity, or the health animal, vegetable or acuícola.

In this sense when establishing exceptions to the expression of the quality of OGMS in the labeled one of these products the principle breaks precautorio with base in which the measures necessary are due to establish in order to avoid a possible damage produced by some activity or product of which scientific certainty is not had respect to its effects on the atmosphere.

Thus, it is evident that when transgressing the principle precautorio is failed to fulfill with the intention of the law before mentioned.

Secondly it transgresses the constitutional right to the information, on the matter the final part of the article sixth of the Political Constitution of the Mexican United States establishes, and I read exactly.

"the right to the information will be guaranteed by the State, thus within the Mexican legal system exist some legal orderings that they intend to update right saying in order to give exact fulfillment to this constitutional mandate.

So it is the Federal case foreseen by the law of Protection to the Consumer, who settles down as one of the basic principles in the consumption relations, the suitable and clear information on different products and services with correct specification of amount, characteristics, composition, quality and price; as well as on risks that represent. Article first, fraction third ".

When relating this disposition to the established thing in mentioned article 101 of the Law in comment, is possible "to still more infer" that all ls the products must express clearly, in its labels the risks that represent, being organisms genetically modified.

This disposition must be complimented without exception some, given the same nature of these products every time certainty does not exist respect to the effects that cause on the atmosphere and the health of the consumers.

Thirdly, its application will be inoperable when having an ambiguous writing and when establishing the obligation to brief in the label of the products for direct consumption human that contain OGMS the explicit reference of this quality, as well as its nutritional composition or its nutrimentales properties. Only in the cases in that these characteristics are significantly different.

In this sense the draft omits to determine the mechanisms to determine the cases in that the characteristics of a product that genetically contains modified organisms will be significantly different from those from a conventional product.

Thus basically what we propose it is to reject the padlock to label the products that contain given OGMS every time the nature of such is indispensable which the totality of them counts on the specification on their content.

By the previous thing, I allow myself to put under consideration of this honorable assembly a new writing to the paragraph first of article 101 of the draft to be of the following way.

Article 101. Without exception some the organisms genetically modified or products that organisms modified and their derivatives contain genetically, authorized by the "SSA" with extreme taken care of in the terms of this law and which they are for direct human consumption, will have to guarantee the explicit reference of organisms genetically modified, and to indicate in the label the information of their nutritional composition or its nutrimentales properties and in addition to fulfill the additional general requirements of labeled according to the corresponding Mexican official norms.

Similarly, the draft incorporates the regime of the responsibility by fault in which it stops to demand the repair of the damage against that affects the atmosphere or to the human health it is due to demonstrate that this person built illicitly, that is to say, that the material result was derived from an opposite conduct to the law.

Nevertheless our civil tradition incorporates also the regime of the objective responsibility in which it is not necessary that to demand the repair of the damage that produces it it must have acted of illicit way.

In this sense the dangerous nature of certain activities is recognized, reason why although it is acted of allowed way must repair the caused damages.

Therefore, considering the risks that the use of the OGMS entails it would have to settle down the regime of the objective responsibility for effects to guarantee, in any case, the repair of the damages of that type of organisms, and the damages that this type of organisms produce.

By the previous thing, if it allows me to it the presidency, since my time was finished to me, I give a fast reading to the writing that sets out.

Article 121. Independently of the arranged thing in the previous article, all person who with total in question knowledge, of organisms genetically modified, causes damages to third, in her goods, or to their health, by the use or handling, still being allowed of these organisms, will be responsible and will be forced to repair them in the terms of the federal civil legislation.

Equal obligation will assume the person who even damages to the medio.ambiente or the biological diversity by the use or handling of OGMS being allowed for which he will be applicable had in article the General Law of Ecological the 203 Balance and the Protection to the Atmosphere.

Companions and companions, we considered that with the propose writing cover has left the preoccupation by the responsibility regime that had been approved in the colegislator. He is whatever, gentleman president.

- The C. PRESIDENTE JAUREGUI OAKS: The proposals take shelter and will be put under consideration of the assembly altogether. The senator now has the use of the word Jorge Abel Lopez Sanchez, of the parliamentary group of the PRI.

- The C. SENADOR JORGE ABEL LOPEZ SANCHEZ: Good, as already I said it in the previous intervention, I established clearly that it was in favor of this Law of Bioseguridad because it is an excellent law and it is necessary for the country, and that somehow I want to recognize the participation of different organizations, and academic institutions and of investigation of the country, that participated in this important Law of Bioseguridad.

To the National Institute of Ecology, to the Commission of Protected Areas Natural, to the National Commission for the Knowledge and Use of the Biodiversity, to the Mexican Center of Environmental Right, to the School of Mexico that was a person who spoke to us there with all clarity which is the objective responsibility, has to do with article 121, as well as the Mexican Academy of Sciences.

In short, all of them had excellent participation in the construction of this Law of Bioseguridad de Organismos Genetically Modified. Nevertheless I want to call the attention for two articles.

Fundamentally the one that it has to do with article 101, and article 121. Of article 101, in the referring thing........

(It follows 18ª. Part)

... of article 101, with respect to labeled and the identification of the organisms genetically modified and its products, distinction or reason must be considered in its labels without some its transgénico origin, thus assuring coresponsibility and respect to the consumer the origin the products that can freely obtain and use.

Also, the articles on the labeled one do not establish the necessity to label to the organisms genetically modified or products with organisms genetically modified, when they are destined to the direct human consumption.

With stable deceptive relation that these products will have to guarantee the explicit reference to the organisms genetically modified and to indicate in the label the nutrimentales information of their nutritional composition and properties in the cases in that those characteristics are significantly different, with respect to conventional products.

The privilege is not due to discriminate against the consumers when the organisms genetically modified are for the direct human consumption, and to grant to him exclusively to know the nature and the composition the product the agricultural producers that genetically use the modified organisms.

As I ooze of the production. In strict rigor all the products that contain transgénicos or their derivatives, independently of their final destiny, must be recognized as so in their labels to respect the right of free election of which acquires it.

This is in reference to article 101.

But I mean, companions to them, that most of us the senators we received around 500 or 600 electronic mails in our mail of the Senate of different people who comment out and the observations to us on the necessity to modify article 101. And we are not for evading our responsibility and mainly neglecting this observation of the people who know and, that is specialistic in the matter.

I doubt that some of us is specialistic in this matter. Therefore, we must take into account the opinion, the observations and the suggestions that do those to us that yes knows this matter.

For that reason, it is important to take care of all those that do observations to us.

And, good, concretely the article the 101 or commentaries that to us the people do who wrote the text to us, I I am going to make reference to the same one.

Today we will have to vote the Opinion of Minuta that contains the Law of Bioseguridad de Organismos Genetically Modified, which in its article 101 treats on the labeled one of this type of organisms or better known like "Organisms Genetically Modified".

In this sense, I allow myself to distract its attention to inform of the Plenary session of this Legislative chamber that the present writing of article 101, establishes the obligatory labeled one for all the products that modified organisms contain genetically; but it excludes its derivatives. The industry of the producing transnational corporations of organisms genetically modified, insists on interpreting this article to evade their obligation to label all the products that contain that type of organisms, including a their derivatives.

It is possible to emphasize that the consumers have the right to know the origin the ingredients with which their foods are prepared, so that they can decide frees informadamente and if they wish to consume foods that modified organisms contain genetically or that derive themselves from these.

Companions senators: We do not have to lose of Vista the responsibility which we have towards represented ours, to legislate of clear way and without ambiguities, for effect of which one occurs to exact fulfillment of all and each one of the guarantees that are consecrated in our Supreme Law. Therefore, if it is not legislated of clear way in the subject of the labeled one of organisms genetically modified and their derivatives the Mexicans do not have the certainty that the State and the manufacturers of foods they guarantee his inalienable right to knowing and deciding what foods buy for their families.

Therefore, respectfully I ask for the Plenary session of this Senate considers a proposal of modification to article 101 on this law.

Article 101, gentleman President, practically treat just like Verónica senator proposed Velasco, and I am going it to read of fast way.

"Article 101. - The organisms genetically modified or products that modified organisms contain genetically, as well as its derivatives - and here it is the modification as well as their derivatives authorized by the Secretariat of Health, its inocuidad in the terms of this law and that are for direct human consumption, will have to guarantee the explicit reference of organisms genetically modified and to indicate in the label the information of their nutritional composition or its nutrimentales properties; and in addition to fulfill the additional general requirements of labeled, according to the Mexican official norms that the Secretariat of Health sends, in agreement with had in the General Law Health and the its regulation laid downs in the manual with the participation of the Secretariat of Economy ".

The information that contains the labels according to the established thing in this article, will have to be truthful, objective, clear, understandable, useful for the consumer and sustained in scientific and technical information.

The labeled one of organisms genetically modified that are seeds or material vegetative destined to sowing, culture and agricultural production, will have left subject the official norms that the SAGARPA with the participation of the Secretariat of Economy sends, respect to this type of organisms will be obligatory to brief in the label that is modified organisms genetically, the characteristics of the genetic combination acquired and their implications relative to special conditions and requirements of culture, as well as the changes in the reproductive and productive characteristics.

The evaluation of the conformity of these Mexican official norms, will make the Secretariat of Salubrity and Attendance, the SAGARPA and the Secretariat of Economy in the scope of their respective competitions and the people credited and approved according to the arranged thing in the Law on Metrología and Normalizacio'n. This is in reference to the proposal of modification to article 101, Sir President.

Passage to article 121.

In the matter of responsibility and repair of damages, central subject in a regime of Bioseguridad, the Law of Bioseguridad de Organismos Genetically Modified, establishes a weak mechanism extremely.

Companions senators and senators: He extremely establishes a weak mechanism of civil responsibility and repair of damages. That regime is the one of the subjective responsibility that implies that only it is responsibility when an illicit one is committed. This is what establishes article 121 and under that regime anyone, whatever manipulates the modifiable organisms genetically and causes damages, will be able to be freed of single responsibility with demonstrating that did not make use illegal of the organisms genetically modified.

Thus, the organic producers whose fields are contaminated with these organisms, will not have a legal action to demand the repair of damages, the producers in the call "free zones of organisms genetically modified" will not even be able to demand damages to producers that genetically manipulate modified organisms unless they commit an illicit one.

The actions for the cases of damages to the biodiversity and the human health, suffer from the same defect.

It is evident that this regime is insufficient to stimulate to the companies and laboratories that genetically produce and commercialize organisms modified to erect a system of reduction of risks.

The Law of Bioseguridad must have a regime of objective responsibility by....

(part Follows 19ª)

... a regime of objective responsibility, by the risks that genetically involve the modified organisms.

I go to do delivery to him, to you, Sir President, of the complete document, the technical foundations and, mainly, legal scientists and who base, is worth the redundancy, the modification to article 121.

And I am going to give reading, of clear way, to article 121, the proposal that becomes the following thing:

One only sets out... - ¨ 7 1&Mac218;4 &Mac183; ÿ  © 7 companions, if you review article 121, I hope that they are reading the draft only we propose to eliminate "the illegal" word.

We only propose to eliminate the illegal word. The present law says: ... pardon, the present draft: independently to the arranged thing in the previous article, all person who with total in question knowledge of organisms genetically modified, causes damages to third in her goods or their health; by the use or illegal handling of these organisms, he will be responsible, and she will be forced to repair it in the terms of the federal civil legislation; equal obligation will assume the person who damages the medio.ambiente or the biological diversity, by the use and illegal handling of organisms genetically modified; for which he will be applicable had in article the General Law of Ecological 203 Balance and the Protection to the Atmosphere.

This proposal that appears to consideration of this Honorable Assembly, would eliminate the illegal word, of the article that has been read; being of the following way:

Independently to the arranged thing in the previous article, all person who with total in question knowledge of organisms genetically modified, causes damages to third in her goods or their health; by the use or handling of these organisms... - there we eliminated the illegal word, nothing else he is everything, and with this we give legal security him, in this case, the person that is... has damages or undergoes some problem causes damages to third in their goods and its health, by the use and handling of these organisms will be responsible and will be forced to repair it in the terms of the federal civil legislation; equal obligation will assume the person who damages the medio.ambiente or the biological diversity by the use and handling of organisms genetically modified; for which he will be applicable in had in article the General Law of Ecological 203 Balance and the Protection to the Atmosphere.

That is the proposal of modification to article 121. Companions, are not no whim, are not a dogmatic position, are a proposal of lawyers, people who know the matter, but fundamentally although we are not lawyers, is a modification of common sense; in order to give security to the Mexicans and fundamentally, not to allow that the people in charge of this go away by the tangent, of that, they determine that was no illegal use of the organisms genetically modified.

By all this, companions, senators, I want, finally, that I hope that there are not resistance to the modifications of these articles, that are medulares, so that they fundamentally give to greater consistency and greater force him to this Law of Security.

By its attention. Thank you very much. (Applause)

- The C. PRESIDENTE JAUREGUI OAKS: Next, it will make use of the word, after gathering the proposals that the senator presented/displayed Lopez Sanchez, will do use of the word senator Arming Chavarría.

- The C. SENADOR ARMING CHAVARRIA BARRIER: With its permission, gentleman President.

Companions and companions senators: I believe that, we are before the possibility of perfecting a draft with decree project, that was sent by the House of Representatives; and hopefully that is sensitivity so that thus it is.

I am going away to allow to make a exhibition, of which article 101 and 121 is incumbent on.

And referring me to the first one, to the 101, I indicate the following thing: the project approved by this Senate, the 24 of April of 2003, indicated in the title sixth, referring one to labeled and the identification of OGM´s, in its article 101, that the labeled one of product organisms genetically modified... that these organisms and of derived products contain that they are for use or human consumption, subjects to the Mexican Official Norms, that sends the Secretariat of Salubrity and Attendance, according to the General Law of Health and its regulation laid downs in the manual, with the participation of the Secretariat of Economy will be left.

Nevertheless, in the House of Representatives, the formulation of this article was modified of the following way: the organisms genetically modified or products that modified organisms contain genetically, authorized by the S.S.A., their inocuidad in the terms of this law and that are for direct human consumption, will have to guarantee the explicit reference of organisms genetically modified, and to indicate in the label, the information of their nutritional composition or its nutrimentales properties.

In those cases in that these characteristics are significantly different, respect to conventional products, and in addition to fulfill the additional general requirements of labeled, according to the Mexican Official Norms, that the S.S.A. sends, in agreement with had in the General Law Health and the its regulation laid downs in the manual, with the participation of the Secretariat of Economy.

As it is observed, in this last writing the derived product concept was eliminated; so that our position, is that the formulation of Colegisladora would be valid, whenever the derived product concept is added to him. Whenever the in question explicit reference of organisms genetically modified is guaranteed, and is indicated specifically in the label. It is thus, because we conceived, who to know the contents these products and their derivatives, are a human right of the consumers, related to its freedom of election, its health and its quality of life, so and as they indicate the directives to it of the UN, on rights of the 1985 consumers.

By previously exposed, we put under to this sovereignty the following proposal of modification.

Article 101. The organisms genetically modified or products that organisms modified and their derivatives contain genetically, authorized by the S.S.A., their inocuidad in the terms of this law and which they are for direct human consumption, will have to guarantee the explicit reference of organisms genetically modified. And to indicate in the label, the information of its nutritional composition or its nutricionales properties, in those cases in that these characteristics are significantly different, respect to conventional products and in addition to fulfill the additional requirements of labeled, according to the Mexican Official Norms, that send the Secretariat of Salubrity and Attendance.

In agreement with the arranged thing in the General Law of Health, and its regulation laid downs in the manual. With the participation of the Secretariat of Economy.

The information that contains the labels, according to the established thing in this article, will have to be truthful, objective, clear, understandable, useful, for the consumer and sustained in scientific and technical information.

The labeled one of the OGM´s, that is seeds or material vegetative destined to sowing, culture and agricultural production, will have left subject the Mexican Official Norms...

(IT FOLLOWS 20ª. PART)

... it will be left subject to the Mexican official norms that the SAGARPA sends, with the participation of the Secretariat of Economy.

Respect to this type of OGMs, will be obligatory to brief in the label that are modified organisms genetically, the characteristics of the genetic combination acquired and their implications relative to special conditions and requirements of culture, as well as the changes in the reproductive and productive characteristics.

The evaluation of the conformity of these Mexican official norms will make the Secretariat of Salubrity and Attendance, the SAGARPA and the Secretariat of Economy, in the scope of its respective competitions and the people credited and approved according to arranged in the Federal Law on Methodology and the Normalization.

Also I must indicate, companions and companions senators who I have some reflections and proposals on the Article 121, of which already senators have spoken to our companions previously and that says the following thing:

Project approved by this Senate, the 24 of April of year 2003 for the emission of the law in comment, had a fundamental deficiency that it tried to correct the colegislator, was not contemplated the obligation to repair the damage in charge of those who the use or handling of organisms genetically modified originates by.

Whatever it is the position that assumes respect to the effects that can cause the OGMs in the health, the certain thing is, that yes they can cause genetic alterations in products derived from traditional and organic methods that are contaminated by those; alterations that a producer stops that uses the indicated methods constitute, without a doubt some, a damage in its goods.

Observing the previous thing, the House of Representatives determined to modify the draft sent by this sovereignty to include in the first paragraph of Article 121, the following text:

Article 121: ...

…

"Independently of the arranged thing in the previous article, all person who of total in question knowledge of organisms genetically modified, channel damages to third in its goods or its health by the use or illegal handling of these organisms, will take control person in charge and it will be forced to repair them in the terms of the federal civil legislation.

Equal obligation, will assume the person who damages the ambient damage or the biological biodiversity, the use or illegal handling of OGMs, for which he will be applicable in had in Article the General Law of Ecological 203 Balance and the Protection to the Atmosphere."

In effect, the writing of the mentioned article introduces the subject of the repair of the damages produced by the organisms genetically modified, constituting a legal disposition indispensable for the protection of the people and its goods, resisting the potential risk that means the use of transgénicos that are freed to the atmosphere.

Nevertheless, the formulation of if it establishes the article in comment, makes, companions and companions senators, of very difficult application, because so that the repair of any damage produced to third by those who modified organisms use or handle genetically only will be able to call to each other when the following thing can be verified:

The person who infringed the damage had plenary session knowledge of which she used or she handled these organisms and that the use or handling of such was illegal, that is to say, illegal, because this law establishes, indeed, the form of use due.

The verification of the knowledge that the person who causes the damage had on the use of the OGMs is extremely difficult to prove, but what is more serious according to this law, the permisión on the part of the corresponding authority for the use or handling of those organisms, it implies that such they are being used properly. That is to say, that carrying a permission of liberation of OGMs to the medio.ambiente channel damages to the people, their goods or to the medio.ambiente, it will not be forced the compensation of the damages and, nevertheless, those damages, without a doubt some, can take place.

A disposition like this being important by their intention, it would leave in defenselessness to those who suffer damages in his person or patrimony by the use due of the organisms genetically modified that, in addition, is not strange cases.

It is more, as a specific regime of intellectual property in the matter of the OGMs has not been determined either, that suffers a damage by the use due of those organisms, can be, even, object of demand by the titular company of the rights of intellectual property of the transgénicos as it is happening already anywhere in the world.

And it is that the use and handling of transgénicos have particularitities that differentiate it clearly from other matters, when we spoke of the protection to the intellectual property, is enough to mention, for example, that polen of a transgénica plant can contaminate to the bordering planted, even, distant through a trip by air or birds, for that reason the single existence of the transgénico material in the production of those who have not acquired the rights, cannot be sufficient to approve a robbery of intellectual property.

All it is absent in the law, thus I propose to this Honorable Assembly, the modification of this Article 121, that the colegislator has sent and we add ourselves to the writing proposal that on this article presented/displayed Verónica Senator Velasco so that it can be considered by the plenary session of the Senate. He is whatever, gentleman President.

- The C. PRESIDENTE CAESAR JAUREGUI OAKS: Thank you very much. Our last two registered oradores to speak on this subject, are the senator Javier Sworn Corral, of the parliamentary group of National Action and later senator Adrián Alanis will make use of the tribune, of the parliamentary group of Institutional the Revolutionary Party.

- The C. SENADOR JAVIER SWORN CORRAL: Sir President, companions senators and companions senators.

So and as it has been registered in the electronic voting that gathered feeling of the legislators on this opinion, I have presented/displayed a general abstention to the content from the same one and now he wanted to indicate my point of view in favor of which several legislating companions have come to raise before this tribune. But like the law one has put in the corridor of which or he is everything or some is no change, because hardly they have been listened to and attention to some of the very important positions has been put that legislating companions maintain on this opinion.

He is frequent that is let listen, even, valid reasonings that they would enrich the enormous work that the dictaminadores have made to arrive until this moment.

Here I am spoken '....

(It follows 21ª. Part)

... until this moment.

Here it was spoken of the article 101, that talks about the obligatory labeled one of organisms genetically modified.

But no longer they are wanted to listen to the reasons, because it is said: "If we modified in something the opinion, it would have to return to the Camera of the Deputies".

And the question is the following one. And what was what the companions did delegated? If no, they returned an opinion draft, with the original sense that the discussion on labeled and the identification of organisms and products derived or modified genetically, had taken ahead.

I am in I decide with the set of the dispositions of the law.

I believe that still a great study in the matter of bioseguridad will be necessary in Mexico. And I create, sincerely, that at the present time the positions in winch of the impact of the use of transgénicos in winch of the human health and the protection to the atmosphere, it will have to cross a long way.

But there is a subject that cannot save to the Senate of the Republic, the right of the consumers and the producers to identify products genetically, the conventional articles of which have been altered or modified, speaking. That is everything what it is requested in the 101.

Gentlemen senators:

In the 101, which this Senate sent to the House of Representatives, with two fundamental concepts: "Of consumption human, in general terms, and their derivatives". When putting to him the House of Representatives: "Direct Consumption", violates the right of the consumers to choose, to determine, to decide what eats or no; when eliminating their derivatives, eliminated industrialized nutritional products.

Which is the center topic, companions senators?

The commercial sales, because since there is a debate on the impact or not of the transgénicos in different products, and its possible effect in the human health, then, which is preferred is: "No, we hide more than it can, that exists that debate, at least that exists that debate".

Let us treat more than it is possible to be avoided to identify those products, to give information to people.

In serious East Senate it can be against to a total transgénicos product identification? Because the 101, would say the dictaminadores, and with reason: "it does not give foot to prohibit the etiquetación", no, does not give foot, but it generates a set of multiple interpretations.

I listened to a declaration of press of one of the representatives of the transnational producers of transgénicos, in where she said that with the present writing, because they were only going to be labeled products of direct human consumption, and not all.

And the discussion is. Why not all, why all the products do not have to clearly know a warning to the consumer or the producer so that he decides?

It is wanted to avoid the knowledge of a debate on which all exist multiple positions respectable? Respectable those of many academic scientists in the subject. But until now the main institutions, like such, they do not have defined a position, a position.

I believe that we can settle the discussion and win, this opinion can gain much, if it gathers absolutely reasonable and rational valuations like which the senator did here Jorge Abel Lopez. One is to eliminate a word to him 101 "the Direct one", and to add to him two more: "Its derivatives", so that is the fundamental sense with which the Senate looked for to legislate this matter from its origin, from its beginning.

Companions senators;

Companions senators:

Sometimes we did not identify what I interest are in the middle of what discussions.

It is evident that the subject of the etiquetación is referred, fundamentally, in the land of the commercial interests, the sales, the shelves; since our interest is to guarantee the right of consumers and producers namely, to decide, to know what eats and what they do not eat. If they choose between the conventional thing, or the altered thing genetically.

Hopefully that is space for the rectification. I believe that the opinion would be complete, and at least the Senate would listen diverse voices that on this subject have called the attention; they are to the times, to which I have now dealed with, along with other companions, to represent in this debate.

By its attention, thank you very much. (Applause)

- The C. PRESIDENTE JAUREGUI OAKS: By the route of the rectification of facts, and for effect to clarify the corresponding proceeding, the senator will make use of the word Carlos Chaurand.

- The C. SENADOR CARLOS CHAURAND ARZATE: Thanks, Gentleman President.

Legislating companions and companions:

I come to this tribune to need, to the opinion of all you, the normative assumption in which we were.

This Senate of the Republic was Camera of origin of this Initiative, and was approved the opinion corresponding, and sent to the Camera of the Deputies in its quality of revisory Camera.

Reason why we are in the assumption anticipated by Interjection E) of article 72 of the Constitution, requesting to the Presidency instructs to the secretariat gives reading to this interjection.

- The C. PRESIDENTE JAUREGUI OAKS: In order to illustrate this discussion, and in the terms of article 113 of the Regulation, the secretariat comes to give reading to the corresponding part of the mentioned article.

- The C. SECRETARIO MELGOZA RADILLO: Article 72, Interjection E). - "If a project of law or decree were rejected partly or modified or added by the revisory Camera, the new discussion of the Camera of its origin will turn solely on rejected or the reforms or the additions, without being able to alter of way some the approved articles.

If the additions or reforms done by the revisory Camera were approved by the absolute majority...

(It follows 22ª. Part)

... by the revisory Camera, they were approved by the absolute majority of the votes present/display in the Camera of its origin, will go all the project to the Executive, for the effects of fraction "A".

If the additions or reforms done by the revisory Camera, were reprobated by most of votes in the Camera of their origin, will return to that so that they take in consideration the reasons from this and if by absolute majority of present votes, these additions will be rejected in this second revision or reforms, the project in which has been approved by both cameras went to the Executive for the effects of fraction "A".

If Camera revisory will insist by majority absolute of votes present on this additions or reforms, all project not will return to present/display, but until following period of sessions, unless both cameras decide by the absolute majority their present members, that sends the Law or Decree, only with approved articles and that the added ones or reforming for their examination are reserved and voting in the following sessions.

- The C. PRESIDENTE JAUREGUI OAKS: Continue the orador.

- The C. SENADOR CARLOS CHAURAND ARZATE: Thanks, Gentleman President.

Of the reading of this constitutional interjection, we can affirm that our discussion in this Camera, will be able solely to turn on the reformed thing or added by the revisory Camera.

But that we will not be able to make modifications to the modifications, but that we can approve or reprobate the modified thing by the reviewer solely.

This is, or we admitted the modification in the terms that us this sending the reviewer, the deputies or we insisted on our opinion, but we cannot modify what they modified.

It will then be necessary to be very careful, of the original writing of the draft that we sent, mainly in this last plea of article 101 and 121, to see the terms in which it was the draft who were sent to the House of Representatives, to see if he is coincident or not with which here the promoventes companions who reserved these articles, are arguing.

Of another way, we would go beyond which the Constitution allows and we could give foot us in to a opinion, or of controversy or action of unconstitutionality, to of shelter by violation to the procedure.

I believe that one has to be very careful and in this case the commissions, will have to examine if the proposals in case of accepting itself agree with that writing or if it is going away to reject the proposal, then yes to go to us with the full acceptance and smooth to which the reviewer has settled down.

By its attention, thank you very much.

- The C. PRESIDENTE JAUREGUI OAKS: In order to rectify facts, the senator has requested the use of the word Arming Would dig and later our orador that concludes the subject, will be senator Adrián Alanís.

- The C. SENADOR ARMING CHAVARRIA BARRIER: Good, Companions, Companions Senators.

Evidently that we agree in the interpretation that Chaurand Senator does, on which can or not make this Senate, and for that reason I consider the following thing.

In article 101 of original way, the Senate approved a writing that contained the controversial term of its derivatives and the revisory Camera, modifies and suspends, acquittal, cancels east term of the derivatives.

Here what opinion comes in me is, to reject this modification that made the House of Representatives and insist on the original writing that presented/displayed the Senate of the Republic.

And with respect to article 121, yes we have modification attributions, because it is a lagoon that was present in the origin initiative.

This 121 is an article that adds the House of Representatives, in me intervention I I indicated that in the eagerness to correct this lagoon of the damages that could be produced to third, the colegislator proposes east article 121.

Here what we are raising is a modification, right, so that we clear the word of "Illegal" and that the use and handling of transgénicos only have left ", that affect to third.

We already explained the complication that exists to see if this situation were illegal.

Then I propose President, first, as far as article 101, this Senate rejects the modification of the House of Representatives and we insist on the original writing.

And with respect to the 121, to make the modification which we presented/displayed in its opportunity, jointly with Verónica Senator Velasco.

Thank you very much.

- The C. PRESIDENTE JAUREGUI OAKS: It would only request to him, which it gave this proposal in writing to me to the Secretariat, to be able to put it to consideration of the Assembly.

In agreement.

Senator Adrián Alanís now has the use of the word, of the Parliamentary Group of the PRI.

- The C. SENADOR ADRIAN ALANIS QUIÑONES: Thank you very much, Sir President.

Article 101, Gentlemen Senators, Ladies Senators:

Article 101 day 14 of December of the 2004, was approved by 415 deputies and 0 in against, nor an abstention at least.

Article 101, all the parliamentary fractions that there are in this country, represented in the House of Representatives, who represents 106 million of Mexican voted in favor of article 101, which peculiar that suddenly when we initiated something more ago than two years, and that we are participating in the debates, in the analyses, in the Forums, suddenly in a session of the plenary session, when we not even have the reading of the opinion, come, discussed and alleged.

Article 101, that is a subject that was object of ample debates, first in the Senate here and later in the House of Representatives, it guarantees the inocuidad of the products that are or contain modified organisms genetically, guarantee to the consumers information that allow them to exert, his capacity of election of products when making possible to them to know that the OGMS or products that contain OGM they are authorized by the Secretariat of Health, its inocuidad and therefore that does not represent risks for the health.

To know the information that is indispensable in the labels for all products destined to the human consumption, additionally to know the characteristics these products as far as its nutritional composition or its nutricionales properties, that make them significantly different from commercial products in the market.

To know the previous thing with truthful, objective, clear, understandable and useful information, to exert its capacity of election technically also forcing to the producer and the authority to that this information is sustained scientist and.

Why organisms genetically modified, that are an alive organism, that has capacity to transfer or to talk back its genetic material, that is indeed what case by case is due to evaluate, the sanitary authority, the Secretariat of Health to guarantee their inocuidad for the health.

The transference or talks back of the material genetically is a crucial and essential element of a possible risk, reason why to count itself on the sanitary authorization by its inocuidad, is guaranteed to the population the security for its consumption.

Because he is not excellent for the consumer....

(IT FOLLOWS 23ª. PART)

. . . why he is not excellent for the consumer, to know the technology used for the production, but information useful, clear, understandable on the same product to exert his capacity of election, if outside excellent for the consumer, then it would have to inform in label of other technologies used in the food production, which does not happen at the present time, nowhere of the world.

This argument, to the end, would lead to indicate in the label the form and the elements used in the production of all the elements, type of pesticidas, used quality of the water, materials, labor conditions of the workers who took part in their production.

These insumos used to the production are regulated and must be supervised by the sanitary authorities, as much of the Secretariat of Health like SAGARPA, that must guarantee that they do not have a negative affectation in products, which is excellent and the fundamental thing, it forces to indicate that are products derived from genetic engineering entails one, forced, indicates, that are products derived from genetic engineering, entails to an intention clear to discriminate this technology with a presumption of risk for the human health.

This intention leads to the intention to inhibit the production that makes on the basis of the modern biotechnology. The previous thing, would additionally cause unnecessary costs for the industry that would be transferred considerably to the consumer in the prices of products being increased.

The truely important thing is to guarantee the inocuidad of the product, evaluating its characteristics in each case, as well as to provide to the consuming valuable information on its composition would feed and its nutrimentales properties.

In the case of agricultural-organic products, these are labeled eminently for commercial reasons, not of inocuidad, nor of security of these products for their human consumption.

Finally, indeed the House of Representatives, introduced modifications to guarantee to the producers the information and identification of the seeds or vegetative materials genetically modified for sowing, culture, agricultural production, which will as well allow to the corresponding administrative authorities the control and monitoreo of these products.

And on the basis of article 121, in this draft of Law of Bioseguridad, the subject of the responsibility derived from damages caused by the use of the OGM's, so much by the Senate was taken care of as by the House of Representatives, there is an environmental responsibility, and there it is within the opinion, there is a civil responsibility, there is a criminal responsibility, there is an administrative responsibility and the responsibility that is generated by breach or official violation to the law, regulations, norms, permissions and authorizations, does not exclude the imputation from other responsibilities respect to the same infractora conduct, is an infraction to the law that repels in a damage to the biodiversity, it will generate responsibility administrative, but also it will be able to generate civil, environmental or penal responsibility.

In the original text of article 2 in fraction IX in where we do not agree in these modifications, the modified text speech, to determine the bases for the establishment case by case of free geographic areas of organisms genetically modified in which it is prohibited of those of which the taking of steps with certain organisms genetically modified is restricted, as well as of cultures of which Mexico is origin center, in special of the maize that will maintain a regime of special protection.

In article 90 the draft which we sent of the Senate to establish the regime of free zones of OGM's with the purpose of protecting, mainly to agricultural-organic products is modified respect to the possible risks that him could represent the OGM's, so that he is not viable his coexistence or, that the organic products do not fulfill the normative requirements for their certification like such.

Sir President, I mean to him that I also received more than 800 electronic mails and here I have them, and all bring same machote, the only thing that if they took care of are that they are different electronic mails, different numbers of electronic mails, thus, ask for this plenary session, ask for to the companions senators, the companions senators, who the draft that the House of Representatives is sending us, has been approved in this Senate in the terms in which it has been sent us, that was sent to us from day 14 of December, today we are to 15 of February, for 63 days, in the case individual of the parliamentary fraction of the PRI, the 24 and the 25 of January was analyzed of a serious way and responsible what was this draft, in little of which day 3 of February, they were, in the United Commissions, 14 senators and senators, those who could then that was considered already of once as it were considered, because they are the senators and the senators those that in the Commissions, by majority are those who really command, not them presidents nor a servant like Secretary. Thank you very much Sir President.

- The C. PRESIDENTE JAUREGUI OAKS: By the route of the rectification of facts the Senator will make use of the word Jorge Abel Lopez Sanchez of the Parliamentary Group of the PRI.

- The C. SENADOR JORGE ABEL LOPEZ SANCHEZ: Sir President, honorable assembly:

No longer it is to discussion of this plenary session the technical or scientific reasons to favor or not of this law.

The discussion must be centered now what is the best thing to make this law, Chaurand Senator already explained to us here, and Fraction occurred to reading to article 72 of the Constitution and, which must have as far as the legislation ours, the faculties ours, when an initiative, when it comes with draft, to what puts we have right. Then as no longer it is, and it is right the Alanís Senate in his exposition, that I have I or it has the Senator Velasco or it has any senator companion ours, which we must here discuss is that he is the best thing, what we are going to do as far as faculties of parliamentary practices? I am convinced that we must protect to the consumers and the producers beyond protecting or giving discretion him in the law, in this case the transnational companies that they dedicate themselves indeed to the business of the organisms genetically modified. It is a subject of businesses, companions, is a subject of economic interests, which we are discussing today in the Law of Bioseguridad.

But good, the problem is in what we must do. I am convinced in that we must remove and approve this law today, according to which settle down 72 article constitutional fraction and, or rejected what the House of Representatives gave us or sent to us or simply we approved it, we do not have legislative alternative, companions.

Good, I propose, respectfully to the parliamentary fractions represented here, the Party National Action, my party, the Party of the Democratic Revolution, to the Green Party and to Convergence, we make an agreement parliamentary, if there is conscience in most of the senators, because she cannot have unamimity, said Kings Heroles that the unamimity was suspicious, and good, when there are lines always is unamimity and in this aspect we make an agreement parliamentary, number

1. - Let us remove this law today, we approve it so that it is not returned to the House of Representatives and we already have Legal Marco that regulates the organisms genetically modified.

2. - That here the parliamentary fractions, somehow are committed politically, so that the law publishes immediately, because we cannot make modifications, initiatives of modification to a new law if in it is as much not published, companions, we do not go away with the story of which Thursday we presented/displayed initiative of reforms. . .

(part Follows 24ª)

... we do not go away with the story that later we presented/displayed initiatives of reforms, because he is not originating.

While it is not published we cannot present/display initiatives of reform to this new law.

Then we needed the agreement which it is published immediately so that once one publishes we we presented/displayed the initiatives of reform to article 101 and article 121, but in agreement of the parliamentary fractions; because if is not in agreement of the parliamentary fractions and single we left intention of, two, three, five senators interested in that we have a legal frame that us of certainty, then are not going to prosper.

That is the proposal that I do, Sir president about this.

The subject no longer is, if they come or no. The subject is: què is the best thing than we must do for the Law leaves and we pruned to later make the modifications to this Law of Bioseguridad de Organismos Genetically Modified.

I hope that we also have an attention to these proposals so that we pruned to remove this new law, but that we pruned to reform what we must modify in the next session.

By its attention, thank you very much.

The C. PRESIDENTE TO STOP JAUREGUI OAKS: By the route of the rectification of facts, senator Arming Chavarrìa has asked for the use of the word, who has it until by five minutes.

The C. SENADOR ARMING CHAVARRIA BARRIER: No, companions and companions senators. I believe that we are before a very important dilemma. Or we approved as well as the draft with decree project still sent the House of Representatives to us with the observations of the implications that could have article 101, ò 121 or companions we deliver the attack to make this law perfectible.

I do not understand by què as much vehemence some senators express as much interest, as much overflowed urgency so that today she is approved, because she at least generates mistrusts, by everything what the senator explained in his intervention Javier Corral of the interests of those who they promote, produce with these Transgènicos.

Then, I want, Sir president, to insist on the proposals that I formulated awhile ago. In the case of the 101 I yes believe that we must insist on that the House of Representatives approves the text that originally sent the Senate.

For me it is not argument to disqualify this position, indicating that back in the House of Representatives 415 deputies approved it. Not always the majority is the right. And we are forced, we are forced to review with much east responsibility subject.

And I arguing in the same dynamics, he would say. Good, if in April of the 2003 we approved the senators here that text, including the one of senator Adrián Alanìs, by què not to reiterate to the House of Representatives that is respected the original text, I believe that yes he can, it is valid, we are within the constitutional context.

And in the second point article 121, when I made my exhibition on this section, it indicated that the colegislator saw a lagoon that was no an article that to sanction to those who caused damages to third.