G/SPS/N/EU/373  
9 March 2020  
(20-1824) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  NOTIFICATION  
1. Notifying Member:  EUROPEAN UNION  
If applicable, name of local government involved:   
2. Agency responsible:  European Commission, Health and Food Safety Directorate -General  
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):  Fenamiphos (pesti cide active substance)  
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:  Draft Commission Implementing Regulation concerning 
the non -renewal of approval of the active substance fenamiphos, in accordance with 
Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning 
the placing of plant protection pr oducts on the market, and amending the Annex to 
Commission Implementing Regulation (EU) No 540/2011 (Text with EEA Relevance) . 
Language(s):  English . Number of pages:  5 
https://members.wto.org/crnattachments/2020/SPS/EEC/20_1857_00_e.pdf  
6. Description of content:   
This draft Commission Implementing Regulation provides that the  approval of the active 
substance fenamiphos is not renewed in accordance with Regulation (EC)  No 1107/2009. 
Member States shall withdraw authorisations for plant protection products containing 
fenamiphos as active substance. The non -renewal of approval is  based on the first 
evaluation of the substance for use as a pesticide active substance in the EU under 
Regulation (EC) No 1107/2009. The substance was formerly assessed and approved under 
Directive  91/414/ EEC.  
This decision only concerns the placing on t he market of this substance and plant 
protection products containing it. Following non -approval and the expiry of all grace 
periods for stocks of products containing this substance, separate action will likely be 
taken on MRLs and a separate notification w ill be made in accordance with SPS 
procedures.  
This draft Commission Implementing Regulation was also notified under the TBT 
Agreement in notice G/TBT/N/EU/701.  
7. Objective and rationale: [X]  food safety, [X]  animal health, [X]  plant protection, 
[X] protect humans from animal/plant pest or disease, [  ] protect territory from 
other damage from pests.   G/SPS/N/EU/373  
 
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  8. Is there a relevant international standard? If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g.  title or serial number of Codex 
standard or related text) :  
[ ] World Organization for Animal Health (OIE) (e.g.  Terrestrial or Aquatic 
Animal Health Code, chapter number) :  
[ ] International Plant Protection Convention (e.g.  ISPM number) :  
[X] None  
Does this proposed regulation conform to the relevant international standard?  
[ ] Yes   [  ] No 
If no, describe, whenever possible, how and why it deviates from the 
international standard:   
9. Other relevant documents and language(s) in which these are available:  
Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 
21 October 2009 concerning the placing of plant protection products on the market and 
repealing Council Directives 79/117/EEC and 91/414/EEC: http://eur -lex.europa.eu/legal -
content/EN/TXT/PDF/?uri=CELEX:32009R1107&qid=1437730988988&from=EN  
Commission Implementing Regulation  (EU) No  540/2011 of 25  May 2011 implementing 
Regulation (EC) No  1107/2009 of the European Parliament and of the Council as regards 
the list of approved active substances ( OJ L 153, 11.6.2011, p. 1 -186). 
http://eur -lex.europa.eu/legal -
content/EN/TXT/?qid=1442928512004&uri=CELEX:32011R0540  
Conclusion on the peer review of the pesticide risk assessment of the active substance 
fenamiphos. EFSA Jour nal 2019;17(1):5557.  
https://efsa.onlinelibrary.wiley.com/doi/epdf/10.2903/j.efsa.2019.5557   
10. Proposed date of adoption (dd/mm/yy) : Third quarter 2020.  
Proposed date of publication (dd/mm/yy) : Third quarter 2020.  
11. Proposed date of entry into force: [  ] Six months from date of publication , and/or  
(dd/mm/yy) : 20 days following publication in the Official Journal of the European Unio n. 
[ ] Trade facilitating measure   
12. Final date for comments: [  ] Sixty days from the date of circulation of the 
notification and/or (dd/mm/yy) : 5 May 2020 Comments are to be addressed to the 
TBT Enquiry Point.  
Agency or authority designated to handle comments: [X]  National Notification 
Authority, [X]  National Enquiry Point. Address, fax number and e -mail address (if 
available) of other body:   
European Commission  
EU-TBT Enquiry Point  
Fax: + (32 2) 299 8043  
E-mail: grow-eu-tbt@ec.europa.eu  
13. Text(s) available from: [X]  National Notification Authority, [X]  National Enquiry 
Point. Address, fax number and e -mail address (if available) of other body:   
European Commission  
EU-TBT Enquiry Point  
Fax: + (32 2) 299 8043  
E-mail: grow -eu-tbt@ec.europa.eu