G/SPS/N/FRA/13  
31 May 2017  
(17-2910) 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  
251 rue de Vaugirard  
75015 Paris  
Email : sps.sdasei.dgal@agriculture.gouv.fr  
3. Products covered (provide tariff item number(s) as specified in national 
schedules deposited wi th 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 no tified document : Arrêté du 24 avril 2017 portant suspension 
d'introduction, d'importation et de mise sur le marché en France de cerises fraîches en 
provenance d'États membres ou de pays tiers où l'utilisation de produits 
phytopharmaceutiques contenant la s ubstance active diméthoate est autorisée en 
traitement des cerisiers (Order of 2 4 April 2 017 suspending the entry and importation into 
France, and the placing on the market in France, of fresh cherries from Member States 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 
http://member s.wto.org/crnattachments/2017/SPS/FRA/17_2500_00_f.pdf . 
6. Description of content : The notified Order prohibits the importation into France, and the 
placing on the market in France,  of fresh cherries for consumption from Member States of 
the European Uni on 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 that are produced organically in accordance with the 
provisions o f Council Regulation (EC) No. 834/2007 of 2 8 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.  G/SPS/N/FRA/13  
- 2 - 
  8. Nature of the urgent problem(s) and reason for urgent action : On 21 April 2 016, 
France introduced a protective measure suspending, until 3 1 December 2 016, the 
importation and placing on the market of fresh cherries for consumption from Member 
States 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 that are produced organically in accordance with the provisions of 
Council R egulation (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, expected at the beginning of 2017 , is still not 
available.  
To date, no new information has been made available in response to concerns regarding 
the consumption of cherries treated with dimethoate, particularly in relation to the 
unacceptable toxicological risk in respect of certain metabolites . This aspe ct is all the more 
important in view of the fact that several European Food Safety Authority (EFSA) notices, 
most notably those of 8 April 2 016 and 1 4 November 2 016, underscore the very rapid 
metabolism of dimethoate in a large number of metabolites . In this light, in its priority 
review of the maximum residue limits for dimethoate and omethoate of 1 4 November 
2016, EFSA concluded that certain information required under the regulatory framework 
was lacking and that  a possible acute risk to consumers had bee n identified . EFSA also 
emphasized that this conclusion did not take into account the possible contribution of 
metabolites III, X, XXIII, XX, XII and XI, and that the risk assessment may therefore 
underestimate the real risk to consumers.  
In light of these  elements, which indicate that the consumption of fresh cherries picked 
from cherry trees treated with dimethoate is likely to pose a serious risk to human health, 
and given the proximity of the production and consumption period for fresh cherries, the 
French authorities asked the 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 take n by the European Commission under Article 69 of 
Regulation (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 i s 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):  
28 April 2 017 
[ ] Trade facilitating measure  G/SPS/N/FRA/13  
- 3 - 
  12. Agency or aut hority 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 multilatérales 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 nu mber 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