G/SPS/N/FRA/15  
8 May 2019  
(19-3143) 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 - Ministère de l'agriculture, de 
l'agroalimentaire et de la forêt  (Directorate -General of Food and Nutrition - Ministry of 
Agriculture, Agrifoods and Forestry)  
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 cherries  
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 18 avril 2019 portant suspension 
d'introduction, d'importation et de mise sur le marché en France de cerises fraîches 
destinées à l'alimentation produites dans un État membre de l'Union européenne ou un 
pays tiers dans lequel l'utilisation de produits phytopharmaceutiques contenant la 
substance active diméthoate est autorisée en traitement des cerisiers (Order of 1 8 April 
2019 suspending the entry and importation into France, and the placing on the market in 
France, of fresh ch erries for consumption from member States of the European Union or 
third countries where the use of phytopharmaceutical products containing the active 
substance dimethoate is authorized for the treatment of cherry trees) Language(s) : 
French Number of pages : 2 
https://members.wto.org/crnattachments/2019/SPS/FRA/19_2715_00_f.pdf  
6. Description of content : The notified Order prohibits for one year, as from the date of 
entry into force of the measure, the entry, importation and placing on the market of fresh 
cherries for consumption from member States of the European Union or third countries 
where the use of p hytopharmaceutical 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 o f 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 and 2017, 
France introduced a protective measure (which was renewed in 2018 and made applicable 
until 1 0 April 2 019) suspending the importation and placing on the market in France of 
fresh cherries for consumption from member St ates of the European Union or third 
countries where the use of phytopharmaceutical products containing the active substance 
dimethoate is authorized for the treatment of cherry trees, with the exception of cherries G/SPS/N/FRA/15  
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  that are produced organically in accordan ce with the provisions of Council Regulation (EC) 
No. 834/2007 of 2 8 June 2 007. 
A time limit was set for this measure, pending the preparation of an evaluation report 
within the context of a request for the renewal of approval . This report was expected at 
the beginning of 2017 . In April 2 018, the information needed to dismiss the possibility of 
unacceptable risks was still not available.  
Following several reports, the conclusions of the European Food Safety Authority (EFSA) 
were adopted in October 2 018. They confirm the serious concerns regarding this 
substance, particularly in relation to  problems with technical specifications, possible 
mutagenic effects, suspected endocrine -disrupting effect s on the thyroid, the significant  
risk posed to mammals, bees and non-target arthropods, and the numerous risk 
assessment aspects that are yet to be finalized . It has not been possible to establish the 
toxicological reference values (acceptable daily intake and acute reference dose) for 
dimethoate, omethoate and metaboli tes III, X, XI, XII, XX and XXIII . EFSA's conclusions 
do not make it possible to identify a safe form of usage , and confirm that the consumption 
of fresh cherries picked from cherry trees treated with dimethoate is likely to pose a 
serious risk to human health.  
In light of the foregoing, the French authorities asked the European Commission to take 
emergency measures to  ban the use of dimethoate for cherry trees, and to suspend the 
placing on the European market of fresh cherries from cherry trees treated with 
dimethoate.  
Given the absence of measures taken by the European Commission in accordance with 
Article 69 of Regu lation (EC) No. 1107/2009 and Article 53 of Regulation (EC) No. 
178/2002, and in light of the elements indicating that the consumption of fresh cherries 
picked from cherry trees treated with dimethoate is likely to pose a serious risk to human 
health, and the proximity of the production and consumption period for fresh cherries, 
France has decided to introduce the notified national emergency measure.  
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 maximum residue limits 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 standard?  
[ ] Yes [X] No  
If no, describe, whenever possible, how and why it deviates from the 
international standard : See point 8.  
10. Relevant documents and language(s) in which these are available:   
11. Date of entry into force (dd/mm/yy)/period of application (as applicable):  20 
April 2 019 
[ ] Trade facilitating measure   G/SPS/N/FRA/15  
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  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:  
Commission européenne  
Direction générale de la santé et sécurité alimentaire  
Unité D2 -Relations multilatér ales internationales  
Rue Froissart 101, B -1049 Bruxelles  
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:  
Commission européenne  
Direction générale de la santé et sécurité alimentaire  
Unité D2 -Relations multilatérales internationales  
Rue Froissart 101, B -1049 Bruxelles  
Tel.: (+32 2) 295 4263  
Fax: (+32 2) 299 8090  
Email : sps@ec.europa.eu