G/TBT/N/FRA/232  
27 October  2023 
(23-7270) Page: 1/3 
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/SCIDE/PNRP  (Directorate -General for 
Enterprise/SCIDE/PNRP)  
Bât. Sieyès -Teledoc 143  
61, Bd Vincent Auriol  
75703 PARIS Cedex 13  
d9834.france@finances.gouv.fr  
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 ind icated if different from above:  
Direction générale de la santé  (Directorate -General of Health)  
Ministère des solidarités et de la santé  (Ministry of Solidarity and Health)  
14, avenue Duquesne  
75 007 PARIS  
3. Notified under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], 3.2 [ ], 7.2 [ ], 
other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading . ICS numbers may be provided in addition, where applicable) : Cosmetic 
products  
5. Title, number of pages and language(s) of the notified document : Ordonnance 
portant organisation du processus de certification des bonnes pratiques de fabrication des 
produits cosmétiques et habilitation des agents chargés du contrôle  (Ordinan ce on the 
organization of the certification process for good manufacturing practices for cosmetic 
products and the authorization of inspecting officers) (3 pages, in French)  
6. Description of content : Article 205 of 2023 Finance Law No. 2022-1726 of 3 0 December 
2022 transfers competences over cosmetics and tattooing products from the National 
Agency for Medicines and Health Products Safety (ANSM) to the National Agency for Food, 
Environmental and Occupational Health and Safety (ANSES) and the administrativ e 
authority responsible for competition and consumption referred to in Article L.522 -1 of 
the Consumer Code (DGCCRF).  
Paragraph III of the same Article provides that, under the conditions laid down in Article 
38 of the Constitution, the Government is entit led to take, by means of an ordinance 
issued within one year of the enactment of the Law, measures falling within the scope of 
the Law to, inter alia , set up a certification scheme for the establishments mentioned in 
Article L. 5131 -2 of the Public Health Code to attest to their compliance with the good G/TBT/N/FRA/232  
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  manufacturing practices for cosmetic products referred to in Article L. 5131 -1 of the same 
Code in order to ensure a high level of protection of human health.  
The draft ordinance thus seeks to introduce a na tional certification process for the good 
manufacturing practices for cosmetic products of certain categories of establishments.  
The means of implementing the certification system are under development . In 
accordance with Article 1 of the draft ordinance, they shall be specified in a decree of the 
Council of State that shall also be notified to the European Commission.  
7. Objective and rationale, including the nature of urgent problems where 
applicable : Regulation (EC) No. 1223/2009 of the European Parliam ent and of the 
Council of 3 0 November 2 009 on cosmetic products establishes a set of rules for cosmetic 
products placed on the market with a view to ensuring the proper functioning of the 
domestic market and a high level of protection of human health . Pursuant to this 
Regulation, the manufacture of cosmetics must comply with good manufacturing 
practices, and Member States monitor compliance by establishments that manufacture or 
pack cosmetics . In addition, recital 56 of the Regulation provides that Member S tates may 
regulate the establishment of economic operators in the cosmetics sector, provided that 
they comply with Union law . The Regulation therefore requires Member States to ensure 
respect for good manufacturing principles by whatever means they choose,  as long as 
they comply with European Union law.  
The scheme put in place will make it possible to monitor the compliance of the 
establishments in question with good manufacturing practices with a view to protecting 
public and consumer health . Certifying bodies will support market surveillance authorities 
in the performance of their tasks.  
The proposed measure does not impose any additional requirements for cosmetic 
products per se but creates an obligation for certain categories of establishment s that 
manufacture or pack such products . Indeed, the measure relates to the monitoring by 
Member States of products ' compliance with good manufacturing practices, not to the 
requirements in place for cosmetics . This scheme seeks to enhance the safety of t he 
cosmetic products of the establishments bound by the certification requirement, not to 
restrict the placement of the products concerned on the market.  
The means of implementing the certification system are under development . In 
accordance with Article 1  of the draft ordinance amending, inter alia , Article L.5131 -8 of 
the Public Health Code, they shall be specified in a decree of the Council of State that 
shall also be notified to the European Commission.  
8. Relevant documents:  
Regulation (EC) No. 1223/2 009 of the European Parliament and of the Council of 3 0 
November 2 009 on cosmetic products.  
Article 205 of 2023 Finance Law No. 2022-1726 of 3 0 December 2 022. 
9. Proposed date of adoption : To be determined  
Proposed date of entry into force : To be determin ed 
10. Final date for comments : 60 days from the date of notification  G/TBT/N/FRA/232  
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  11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:  
Ministères économiques et financiers  (economic and finance ministries)  
Direction générale des entreprises/SCIDE/PNRP  (Directorate -General for 
Enterprise/SCIDE/PNRP)  
d9834.france@finances.gouv.fr  
Bât. Sieyès -Teledoc 143  
61, Bd Vincent Auriol  
Email: d9834.france@finances.gouv.fr  
https://members.wto.org/crnattachments/2023/TBT/FRA/23_13200_00_f.pdf