G/SPS/N/FRA/16  
11 May 2020 
(20-3513) Page: 1/3 
Committee on Sanitary and Phytosanitary Measures  Original:  French  
 
  
NOTIFICATION OF EMERGENCY MEASURES  
1. Notifying Member : FRANCE  
If applicable, name of local government involved:  
2. Agency responsible : Direction générale de l'Alimentation  (Directorate -General for Food) 
Ministère de l'agriculture et de l'alimentation  (Ministry of Agriculture and Food)  
3. Products covered (provide tariff item number(s) as specified in national 
schedules deposited with the WTO ; ICS numbers should be provided in addition, 
where applicable) : Fresh cherri es 
4. Regions or countries likely to be affected, to the extent relevant or practicable:  
[X] All trading partners  
[ ] Specific regions or countries:  
5. Title of the notified document : Arrêté du 8 avril 2020 portant suspension 
d'introduction, d'importation et de mise sur le marché en France de cerises fraîches 
destinées à l'alimentation produites dans un pays autorisant le traitement des cerisiers 
avec des produits phytopharmaceutiques contenant la substance active diméthoate  
(Order of 8 April 2 020 suspending the entry, importation and placing on the market in 
France of fresh cherries for consumption from countries where the use of 
phytopharmaceutical products containing the active substance dimethoate is authorized 
for the treat ment of cherry trees) Language(s) : French Number of pages : 2 
https://members.wto.org/crnattachments/2020/SPS/FRA/20_3131_00_f.pdf  
6. Description of content : The notified Order suspends, for one year from the date of 
entry into force of the measure, the entry, importation and placing on the market in 
France of fresh cherries for consumption from countries where the use of 
phytopharmaceutical products c ontaining the active substance dimethoate is authorized 
for the treatment of cherry trees, with the exception of cherries that are produced 
organically in accordance with the provisions of Council Regulation (EC) No. 834/2007 of 
28 June 2 007. 
7. Objective  and rationale : [X] food safety, [ ] animal health, [ ] plant protection, 
[ ] protect humans from animal/plant pest or disease, [ ] protect territory from 
other damage from pests.  
8. Nature of the urgent problem(s) and reason for urgent action : In 2016, France 
introduced a protective measure, which was renewed in 2017, 2018 and 2019 (applicable 
until 1 9 April 2 020), suspending the importation and placing on the market in France of 
fresh cherries for consumption from a Member State of the European Un ion or a third 
country where the use of phytopharmaceutical products containing the active substance 
dimethoate is authorized for the treatment of cherry trees, with the exception of cherries 
that are produced organically in accordance with the provisions of Council Regulation (EC) 
No. 834/2007 of 2 8 June 2 007. G/SPS/N/FRA/16  
- 2 - 
  A time limit was set for this measure, pending the evaluation report prepared for the 
application for re -approval . The report was expected in early 2017.  
After several delays, the conclusions of the European Food Safety Authority (EFSA) were 
adopted on 2 October 2 018. They state that the toxicological reference values have not 
been determined . They point, in particular, to a risk of exposure for consumers, operators, 
workers, bystanders and local resi dents to dimethoate residues, the genotoxic potential 
of which cannot be ruled out, and to its primary metabolite, omethoate, which is 
considered to be an in vivo  mutagenic agent . Ultimately, the EFSA conclusions did not 
lead to the identification of a saf e form of usage from the sample usages studied 
(insecticide treatment of beet and cereal crops), let alone to the consideration of a safe 
form of usage when used on fruit trees for the production of  fruit to be consumed fresh . 
They confirm that the consump tion of fresh cherries picked from cherry trees treated with 
dimethoate is likely to pose a serious risk to human health.  
From 2016 to 2019, France regularly asked the European Commission to ban the use of 
dimethoate on cherry trees and to suspend the plac ing on the European market of fresh 
cherries from cherry trees treated with dimethoate . In the absence of European 
measures, France adopted protective measures on four occasions between 2016 and 
2019.  
In June 2 019, Commission Implementing Regulation (EU) 2019/1090 did not reapprove 
dimethoate as a phytopharmaceutical active substance . The grace periods granted by 
Member States expire on 1 7 July 2 020 at the latest, with a shorter grace period until 1 7 
October 2 019 for phytopharmaceutical pro ducts used on cherries, given the specific risks 
in consuming this fruit.  
However, the reduction in the limit of quantification of the maximum residue level (MRL) 
of dimethoate and omethoate on cherries will not come into effect before the end of the 
year, and therefore, at the European level, the importation of cherries containing 
dimethoate and omethoate residues is still not prohibited, despite the risks identified for 
these foods.  
In the absence of European measures, pending the effective entry into for ce of the 
reduction of the European MRL, the French authorities have adopted a new provisional 
emergency measure aimed at suspending the entry, importation and placing on the 
market in France of fresh cherries for consumption from countries where the use o f 
phytopharmaceutical products containing the active substance dimethoate is authorized 
for the treatment of cherry trees, with the exception of cherries that are produced 
organically in accordance with the provisions of Council Regulation (EC) No. 834/200 7 of 
28 June 2 007. 
9. Is there a relevant international standard ? If so, identify the standard:  
[X] Codex Alimentarius Commission (e.g. title or serial number of Codex 
standard or related text) : Codex MRLs for dimethoate  
[ ] World Organisation for Animal Health (OIE) (e.g. T errestrial or Aquatic 
Animal Health Code, chapter number) : 
[ ] International Plant Protection Convention (e.g. I SPM number) : 
[ ] None  
Does this proposed regulation conform to the relevant international stan dard?  
[X] Ye s [ ] No 
If no, describe, whenever possible, how and why it deviates from the 
international standard:  
10. Relevant documents and language(s) in which these are available:  G/SPS/N/FRA/16  
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  11. Date of entry into force (dd/mm/yy)/period of application (as applicable):  26 
April 2 020 
[ ] Trade facilitating measure  
12. Agency or authority designated to handle comments : [X] National Notification 
Authority, [X]  National Enquiry Point . Address, fax number and email address 
(if available) of other body:  
European Commission  
Directorate -General for Health and Food Safety  
Unit D2 - Multilateral international relations  
Rue Froissart 101, B -1049 Bruxelles  
Belgium  
Tel.: (+32 2) 295 4263  
Fax: (+32 2) 299 8090  
Email: sps@ec.europa.eu  
13. Text(s) available from : [X] National Notification Authority, [X]  National Enquiry 
Point . Address, fax number and email address (if available) of other body:  
European Commission  
Directorate -General for Health and Food Safety  
Unit D2 - Multilateral international relations  
Rue Froissart 101, B -1049 Bruxelles  
Belgium  
Tel.: (+32 2) 295 4263  
Fax: (+32 2) 299 8090  
Email: sps@ec.europa.eu