G/SPS/N/FRA/14  
4 May 2018 
(18-2754) 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 6 avril 2018 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 6 April 2 018 suspending the 
entry and importation into France, and the placing on the market in France, of fresh 
cherries 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 
Text available at:  
https://members.wto.org/crnattachments/2018/SPS/FRA/18_2341_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 of 
fresh cherries for consumption from member States of the European Union or third 
countries where the use o f 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 Regulation (EC) 
No. 834/200 7 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.  
8. Nature of the urgent problem(s) and rea son for urgent action : In 2016 and 2017, 
France introduced a protective measure, applicable until the end of the year in question, 
which suspended the importation and placing on the market in France of fresh cherries for 
consumption from member States of t he 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 that are produced 
organically in accordance with t he provisions of Council Regulation (EC) No. 834/2007 of G/SPS/N/FRA/14  
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  28 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 
beginnin g of 2017, was still not available. . 
In 2018, it emerged that the information needed to dismiss the possibility of unacceptable 
risks was still not  available . The draft evaluation report prepared by the rapporteur 
member State, which was recently submitted , indicates that the sections on toxicity and 
residues of the risk assessment still need to be developed further, particularly in terms of 
the genotoxic, reprotoxic and toxic potential for development and the endocrine disruptive 
potential of dimethoate an d some of its metabolites, the establishment of toxicological 
reference values (acute and chronic toxicity in the event of dietary exposure) for 
dimethoate, omethoate, and metabolites III, X, XI, XII, XX and XXIII, stability during the 
storage of residues of dimethoate and its metabolites, and the definition of residues for 
risk assessment and controls.  
To date, no new data addressing the concerns about the consumption of cherries treated 
with dimethoate have been made available, particularly data on the ab sence of 
unacceptable toxicological risk for some metabolites . This aspect 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 ver y 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, the EFSA concluded that certain information required under the regulato ry 
framework w as lacking and that a possible acute risk to consumers had been identified . 
The 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 asse ssment may 
therefore underestimate the real risk to consumers.  
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, the French 
authorities requested the European Commission to implement emergency measures aimed 
at prohibiting the use of dimet hoate on cherry trees, and at suspending the placing on the 
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 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 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.  G/SPS/N/FRA/14  
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  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):  11 
April 2 018 
[ ] 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 
available) of other body:  
European Commission  
Directorate -General of Food and Nutrition  
Unit D2 - International Trade Relations  
Rue Froissart 101, B -1049 Brussels  
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:  
European Commission  
Directorate -General of Food and Nutrition  
Unit D2 - International Trade Relations  
Rue Froissart 101, B -1049 Brussels  
Tel.: (+32 2) 295 4263  
Fax: (+32 2) 299 8090  
Email : sps@ec.europa.eu