G/TBT/N/FRA/167  
13 January 2016  
(16-0266)  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 governme nt involved (Articles 3.2 and 7.2):  
2. Agency responsible: Ministère des affaires sociales, de la santé, des droits des femmes 
en association avec les ministères des outre-mer, de l'agriculture et de l'économie  
(Ministry of Social Affairs, Health and Women's Rights, in association with the Ministries of Overseas Departments and Territories, Agriculture and the Economy) 
Name and address (including telephon e 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 [X], 2. 10.1 [ ], 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): Soft 
(alcohol-free) drinks, dairy products and similar items, biscuits and cakes, ice creams and 
sorbets, breakfast cereals, cereal bars, chocolates and chocolate bars.  
5. Title, number of pages and lang uage(s) of the notified document: Arrêté portant 
application de la Loi n°2013-453 du 3 juin 2013 visant à garantir la qualité de l'offre 
alimentaire en outre-mer  (Order implementing Law No. 2013-453 of 3 June 2013 on 
ensuring the quality of food supplies overseas) (12 pages, in French) 
6. Description of content: Law No 2013-453 of 3 June 2013 on ensuring the quality of food 
supplies overseas seeks to reduce the added sugar content of products marketed in the 
overseas communities chosen by the legislat or (Martinique, Guadeloupe, Saint Martin, 
Saint Barthélémy, Guyana, Réunion, Mayotte, and Saint Pierre and Miquelon). This Law above all prohibits operators that distribute f oodstuffs of the same brand in Metropolitan 
France and overseas from placing on overseas markets products with an added sugar 
content higher than that found in the same products distributed in Metropolitan France 
(Article L.3232-5 of the French Public Health Code). 
According to Article L. 3232-6 of the French Public Health Code, which was created by this 
same Law, foodstuffs marketed in the overseas territories concerned must not have an 
added sugar content higher than that recorded in comparable foodstuffs widely distributed in Metropolitan France. In this specific case, both local products and imports of the 
overseas territories concerned are cove red by the aforementioned provision. 
Paragraph 2 of Article L. 3232-6 specifies that an Interministerial Order (health, economy, 
agriculture, overseas) shall determine the list of products subject to these provisions. This 
is the subject of the text submitted for notifi cation, which is based solely on Article L.3232-
6 of the French Public Health Code. The noti fied Order contains a complete list of the 
products subject to comparison: soft (alcohol-free) drinks, dairy products and similar items, biscuits and cakes, ice creams and sorbets, breakfast cereals, cereal bars, 
chocolates and chocolate bars (Article 1 of the draft Order). G/TBT/N/FRA/167 
- 2 - 
  7. Objective and rationale, including the nature of urgent problems where 
applicable: In overseas communities, the prevalence of obesity, as well as other 
associated major chronic diseases (diabetes, high blood pressure, cardiovascular disease 
and various cancers), is higher than in Metropolitan France. In Réunion, for instance, surveys carried out in schools show that obesity affects 8.7% of children (class CM2) compared with 4% in Metropolitan France. 31% of women are overweight in Guadeloupe 
and 32% in Mayotte, as opposed to just 17.6% of women in Metropolitan France (ENNS, 
2006). The incidence of treated diabetes is 9.80% in Réunion and 9.24% in Martinique - double that recorded in France (4.58%). Nutrition (comprising both diet and physical 
exercise) is a major factor in these pathologies. Prevention, screening and nutrition 
monitoring are public health priorities. This situation in the overseas communities is linked to certain cultural, economic, geographic and climatic aspects, and a suitable approach 
must be adopted to address the matter. 
In the light of observations made in 2011 by the regions of Martinique ( Pôle 
Agroalimentaire Régional de Martinique , PARM) and Guadeloupe and the Directorate of 
Food, Agriculture and Forestry of Réunion, on the differences in the sugar content of 
certain products sold overseas and their equivalents sold in Metropolitan France, a number 
of steps were taken to remedy the situation, including the launch of a specific plan on nutrition overseas and the adoption of Law No. 2013-453 of 3 June 2013 on ensuring the 
quality of food supplies overseas. 
The measure envisaged is justified by a public health need to tackle excessive body weight 
and associated diseases more effectively. Nothing can justify the marketing of sweeter 
products in the territories concerned. 
Moreover, the WHO, in a Guideline published in 2015 [1], drafted by an international 
multidisciplinary group of experts that ha d analysed, using the GRADE (Grading of 
Recommendations Assessment, Development and Evaluation) method, the key issues 
reported in international scientific literature, recommended that, in adults and children, the 
intake of free sugars (which include the monosaccharides and disaccharides added to foods, as well as the sugars naturally present in honey, syrups, fruit juices and 
concentrated fruit juices) be reduced to less than 10% of the total energy intake. 
The measure envisaged helps to achieve this public health objective by limiting the 
excessive addition of sugar to products inte nded for overseas communities. Even if the 
measure forces restrictions on economic operators, it remains necessary (an optional 
measure would not suffice to achieve the objective pursued) and proportional (the added sugar level is consistent with that observed in France, which was determined by manufacturers) in view of the imperative need to protect health. The measure does not 
establish an absolute added sugar level in an arbitrary manner, but rather a relative limit 
value. 
[1] Guideline: Sugars intake for adults and children. WHO, 2015.  
8. Relevant documents: Article L.3232-6 of the Public Health Code, created by Law 
No. 2013-453 of 3 June 2013 on ensuring the quality of food supplies overseas. 
9. Proposed date of adoption: February 2016 
Proposed date of entry into force: The day after the text is published.  
10. Final date for comments: 60 days from the date of notification. 
11. Texts available from: National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresse s, if available, of other body:  
CINORTECH 
AFNOR 11 avenue Francis de Pressensé 
93571 Saint-Denis-La Plaine Cedex 
https://members.wto.org/crnattachme nts/2015/TBT/FRA/15_5085_00_f.pdf