G/TBT/N/FRA/192  
28 August  2019 
(19-5531) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  French  
 
  NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6.  
 
1. Notifying Member : FRANCE  
If applicable, name of local government involved (Articles 3.2 and 7.2):  
2. Agency responsible:  
Direction générale des entreprises  (Directorate -General of Enterprises)  
Service de l'économie numérique  (Digital Economy Section)  
67 rue Barbés  
94201 Ivry -sur-Seine  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:  
3. Notified under Article 2.9.2 [ ], 2.10.1 [X], 5.6.2 [ ], 5.7.1 [ ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading . ICS numbers may be provided in addition, where applicable) : Active radio 
equipment for 5G mobile networks operated by telecom operators of vital importance, as 
defined in Art icle L1332 -1 of the French Defence Code  
5. Title, number of pages and language(s) of the notified document : Décret relatif aux 
modalités de l'autorisation préalable de l'exploitation des équipements de réseaux 
radioélectriques prévue à l'article L. 34 -11 du code des postes et des communications 
électroniques  (Decree on the preliminary authorisation procedures for the operation of 
radio network equipment stipulated in Article L34 -11 of the Postal and Electronic 
Communications Code) (4 pages, in French)  
6. Description of content : For the purposes of security and national defence, the draft law 
introduces a preliminary monitoring measure for any activity involving the operation of 
certain radio equipment in 5G networks . Operators must send an authorisation  request to 
the Prime Minister . The Prime Minister will then make a decision within two months of 
receiving the completed request file.  
He will determine whether there is a serious risk of endangering defence and national 
security interests based on the cr iteria defined in the law and, in particular, with regard to 
the guarantees provided by the equipment for the integrity, security and availability of the 
network or for the confidentiality of the messages transmitted and the information related 
to communic ations.  
If any of these criteria is not guaranteed, the authorisation request can be refused by the 
Prime Minister . In order to assess this risk, the deployment and operational procedures 
implemented by the operator, the level of safety of the device and w hether or not the 
operator or its service providers, including subcontractors, are under the control of or 
subject to acts of interference by a non -EU Member State will be taken into account.  
The Decree lays down the authorisation procedures, the nature of  the conditions that may 
be attached to authorisations and the list of documents in the request file.  G/TBT/N/FRA/192  
- 2 - 
  7. Objective and rationale, including the nature of urgent problems where 
applicable : The deployment of 5G increases the cybersecurity risks associated with 
network equipment owing to : (1) specific technical properties of 5G (dynamic management 
of the access network, introduction of information processing units at the edge of the 
network - edge computing) ; and (2) cases of using 5G for industri al domains, for certain 
critical factors (e.g. connected/autonomous vehicles, industry of the future, energy 
networks, etc.) . These increased risks will pose new security requirements on the 
equipment that is to support future 5G networks, as much in terms  of their intrinsic 
technical characteristics as of the legal obligations that could compel their suppliers to 
cooperate with foreign authorities in the gathering of intelligence . Given these new security 
concerns and the recent developments in the 5G depl oyment plans of certain French 
telecommunications operators that could jeopardise France 's national security, a draft law 
on network security was submitted by several members of the majority . It aims to 
establish a preliminary authorisation scheme for radi o network equipment and is 
supplemented by two implementing texts . This French legislation is also part of the 
coordinated approach at EU level initiated by the European Commission . Under the impetus 
of the conclusions of the European Council of 2 2 March 2 019, the European Commission 
published a recommendation on the subject on 2 6 March 2 019, recalling the main risks 
inherent to the deployment of 5G (with an analysis similar to that carried out by France) 
and inviting Member States to equip themselves with national provisions to respond to 
future security issues related to 5G equipment, all while conducting exchanges at European 
level on risk analysis and the measures adopted in response.  
8. Relevant documents : - 
9. Proposed date of adoption : September - October 2 019 
Proposed date of entry into force : September - October 2 019 
10. Final date for comments:  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:  
CINORTECH  
AFNOR  
11 avenue Francis de Pressensé  
93571 SAINT -DENIS - LA PLAINE Cedex  
https://members.wto.org/crnattachments/2019/TBT/FRA/19_4626_00_f.pdf