G/SPS/N/FRA/19  
25 April 2023 
(23-2932) 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 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 16 mars 2023 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 ph osme t (Order 
of 16 March 2 023 suspending the entry and importation into France, and the placing on 
the market in France, of fresh cherries for consumption from countries where the use of 
plant protection  products containing the active substance phosmet is authorized for the 
treatment of cherry trees) Language(s) : French Number of pages : 2 
https://members.wto.org/crnattachments/2023/SPS/FRA/23_9254_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 and importation into France, and the placing 
on the market in France, whether free of charge or in return for payment, of fresh che rries 
for consumption from countries where the use of plant protection  products containing the 
active substance phosmet is authorized for the treatment of cherry trees . The measure 
excludes  cherries that are grown  organically in accordance with the provisi ons of 
Regulation (EU) 2018/848 of the European Parliament and of the Council of 3 0 May 2 018. 
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 : European 
Commission Implementing Regulation (EU) 2022/94 of 2 4 January 2 022 ended  the 
approval of the active substance phosmet on account of an unacceptable risk to operators, 
workers, bystanders and residents, and evidence of a high acute and chronic risk to 
consumers and aquatic organisms and a high risk to birds, mammals and non -target 
arthropods (including bees).  G/SPS/N/FRA/19  
- 2 - 
  Member States were to withdraw marketing authorizations for plant protection products 
containing phosmet by 1 May 2 022, and were not permitted to grant grace periods beyond 
1 November 2022  for the disposal and use of stocks . 
With regard to the risks to human health arising from dietary exposure, EFSA's 
assessment could not be completed, in the absence of full information on potentially 
relevant products and metabolites . In view of an acute reference dose (ARfD) set at 1 
microgram of residue per kilogram of body weight, the current maximum residue level 
(MRL) for cherries (1 mg/kg) represents an acute exposure level of 1,223% of the ARfD 
for children and 1,000% for adults.  
The European Commission has begun work to lower MRLs f or phosmet in different 
foodstuffs . Accordingly, it proposes to lower the MRL for cherries to the limit of 
quantification set at 0.01 mg/kg, with entry into effect three months after the entry into 
force of the regulation . Given the anticipated timetable f or the exercise, the measure will 
not come into effect until July 2 023, and the importation of cherries treated with phosmet 
will still be possible in 2023, during the usual consumption  period , despite the risks 
identified for this foodstuff . 
In view of th e serious risks to human health that may arise from the consumption of fresh 
cherries picked from cherry trees treated with phosmet, and given the proximity of the 
production and consumption period for fresh cherries, France has decided to introduce 
the no tified national emergency measure.  
9. 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 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) : 
[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:  
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) : 26 
March 2 023 
[ ] Trade facilitating measure  
12. Agency or authority designated to handle comments : [ ] National Notification 
Authority, [ ] 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  
Tel.: (+32 2) 295 4263  
Email: sps@ec.eur opa.eu  G/SPS/N/FRA/19  
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  13. Text(s) available from : [ ] National Notification Authority, [ ] 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 Bru xelles  
Tel.: (+32 2) 295 4263  
Email: sps@ec.europa.eu