G/SPS/N/FRA/20  
6 March  2024 
(24-2072) 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 la souveraineté alimentaire  (Ministry of Agriculture and 
Food Sovereignty)  
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 fruits and vegetables from non -European Union countries that 
have been treated with a plant protection product containing thiacloprid.  
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 23 février 2024 portant suspension 
d'introduction, d'importation et de mise sur le marché à titre gratuit ou onéreux en France 
de fruits et légumes frais prov enant de pays tiers à l'Union européenne ayant fait l'objet 
d'un traitement avec un produit phytopharmaceutique contenant la substance thiaclopride.  
(Order of 2 3 February 2 024 suspending the entry and import into France, and the placing 
on the market in Fr ance, whether free of charge or in return for payment, of fresh fruits 
and vegetables from non -European Union countries that have been treated with a plant 
protection product containing thiacloprid.) NOR : AGRG2405380A . Language(s) : French 
Number of pages : 2 
https://members.wto.org/crnattachments/2024/SPS/FRA/24_01852_00_f.pdf  
6. Description of content : The notified Order, adop ted by the French authorities in 
accordance with Article  54 of Regulation (EC) No. 178/2002, suspends the placing on the 
market of fresh fruit and vegetables exposing consumers to the active substance 
thiacloprid in view of the serious risks to human health that may result from dietary 
exposure to the active substance thiacloprid.  
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 : The European 
Commission Implementing Regulation of 1 3 January 2 020 decided not to renew the 
approval of the active substance thiacloprid in view of, inter alia , the human health 
hazards and risks posed by this substance . European Union member States had to 
withdraw marketing authorizations by 3 August 2 020, with grace  periods for the disposal 
of stocks expiring no later than 3 February 2 021. 
In France, thiacloprid was banned by Law No. 2016-1087 of 8 August 2 016 for the 
restoration of biodiversity, nature and landscapes.  G/SPS/N/FRA/20  
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  In its conclusions published on 2 2 January 2 019, the European Food Safety Authority 
(EFSA) concluded that thiacloprid is a substance classified in accordance with Regulation 
(EC) No  1272/2008 as carcinogen category  2 (C2) and as toxic to reproduction category  1 
(R1B).  
EFSA also stated that this substanc e should be considered an endocrine disruptor in line 
with criteria established in 2013 and the WHO definition.  
EFSA's conclusions also point out that the consumer risk assessment could not be finalized 
and that, even in cases where the concentration of th iacloprid in foods is less than 0.01  
mg/kg, it might be surmised that concentrations of metabolites in some food could exceed 
this level.  
Furthermore, in its statement on the safety of MRLs for thiacloprid published on 9 February 
2023, EFSA identified, for  the existing MRL, an exceedance of the thresholds for acute 
toxicity for certain foods in light of the lowered toxicological reference value, and 
suggested reconsidering the safety margin of the exposure assessment.  
The European Commission submitted a dra ft regulation keeping certain MRLs for 
thiacloprid above 0.01  mg/kg to the Standing Committee on Plants, Animals, Food and 
Feed at its meeting of 18 -19 September 2 023 for its opinion.  
France could not support this draft regulation for the reasons outlined above . Likewise, the 
European Parliament opposed adoption of the draft Commission regulation in its resolution 
of 17 January 2 024. 
As a result, three years after thiacloprid -based plant protection products were last used in 
the European Union, the MRLs for thiacloprid have still not been modified and consumers' 
dietary exposure to the substance continues through imported foods, contrary to the logic 
behind the European ban on the substance in 2020.  
Owing to the serious risks to human health that may resu lt from dietary exposure to 
thiacloprid, the French authorities asked the European Commission, pursuant to Article  53 
of Regulation (EC) No  178/2002, to halt imports of foodstuffs derived from plants treated 
with thiacloprid that could contribute to consum er exposure to this substance.  
As the European Union has not yet adopted such measures in accordance with Article  54 of 
Regulation (EC) No  178/2002, the French authorities have decided to take precautionary 
measures to suspend the placing on the market of fresh fruits and vegetables exposing 
consumers to thiacloprid.  
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) : THIACLOPRID (223)  
[ ] 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 releva nt international standard?  
[ ] Yes [X] No  
If no, describe, whenever possible, how and why it deviates from the 
international standard : See point  8. 
10. Other relevant documents and language(s) in which these are available:  
11. Date of entry into force (dd/mm/yy) /period of application (as applicable) : 25 
February 2 024 
[ ] 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 G/SPS/N/FRA/20  
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  available) of other body:  
European Commission  
DG Health and Food Safety  
Unit A4 -Multilateral International Relations  
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  
DG Health and Food Safety  
Unit A4 -Multilateral International Relations  
Email: sps@ec.europa.eu