G/TBT/N/FRA/147  
11 March 2013  
(13-1304)  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 governme nt involved (Articles 3.2 and 7.2):   
2. Agency responsible:  
Ministère des Affaires sociales et de la santé 
Direction générale de la santé DDUAJE 14, avenue Duquesne 
75350 Paris 07 SP 
Tel: 01.40.56.65.34 E-mail: claire.zemp-ricchiuto@sante.gouv.fr  
Name and address (including telephone and fax numbers and e-mail 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): Artificial tanning devices and establishments using such devices. 
5. Title, number of pages and language(s) of the notified document: Décret modifiant 
le décret n° 97-617 du 30 mai 1997 relatif à la vente et à la mise à disposition du public 
de certains appareils de bronzage utilisant des rayonnements ultraviolets  artificiels  
(Decree amending Decree No. 97-617 of 30 May 1997 on the sale and public use of certain 
tanning devices using artificial ultraviolet radiation) (7 pages) G/TBT/N/FRA/147 
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6. Description of content: The purpose of the notified draf t Decree is to strengthen the 
provisions of Decree No. 97-617 of 30 May 1997 on the sale and public use of certain 
tanning devices using ultraviolet (UV) radiation, which establishes requirements governing the sale and public use of such devices (technical characteristics of tanning booths, public information, training for professionals, and equipment checks). The draft text seeks to 
regulate more effectively the services offered to the public by tanning booth professionals 
by making changes to the training system and establishing an accreditation regime for the bodies that are responsible for checking these devices. It also aims to ensure that tanning 
booth users are provided with updated and more detailed information on the health risks 
associated with UV tanning, in particular those relating to cancer. This draft regulatory text, which seeks to protect the health and safety of the population, contains a number of 
provisions relating to technical standards: 
- Article 9 provides that the surface of UV em itters shall be marked with a code that is 
defined in Standard EN 60335-2-27. This Standard is consistent with the recommendations of the European Union's Scientific Committee and the European 
Commission's mandate to CENELEC (M397EN, 2006); 
- Articles 10 and 11 provide for the updating of the content of the health warnings 
displayed on tanning appliances and included in advertising materials. 
The requirement to display such warnings was introduced in 1997; 
- Article 12 establishes the principle of declaring the withdrawal from use and 
destruction of tanning devices, with a view to ensuring the traceability of such 
devices throughout their life cycle. The requ irement to declare the purchase of these 
devices was introduced in 1997; 
- Article 13 introduces an initial check for tanning devices before their first use. Since 
1997, tanning devices have been required to undergo a check every two years. G/TBT/N/FRA/147 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable:  
In July 2009, the International Agency for Research on Cancer (IARC) classified 
UV-emitting tanning devices as "carcinogenic to humans" after having estimated that the risk of developing cutaneous melanoma is in creased by 75% for individuals who have used 
tanning devices at least once before the age of 30. In France, the French Institute for 
Public Health Surveillance (InVS) has estimated that there are 9,780 new cases of 
cutaneous melanoma every year. This disease caused 1,620 deaths in 2011, a figure which has risen over the last five years. In its report on the risks associated with artificial 
UV radiation, published in April 2010, the French National Cancer Institute (INCa) states 
that this form of radiation cannot be considered harmless, whatever the frequency of exposure or dose received, and that this applies as of the first time it is used (carcinogen 
with no threshold effect). INCa also warns that according to current scientific knowledge, 
the benefit/risk ratio of repeated exposure to artificial UV radiation in tanning booths can only be negative and that such radiation is therefore viewed unfavourably. A market study 
on UV tanning booths conducted in January 2011 estimates that around 40,000 tanning 
booths are in use in France. Annual reviews conducted by the relevant services of the 
Ministry of Health and the annual survey co nducted by the Ministry of Competition, 
Consumer Affairs and Fraud Prevention confir m the reported decline in the quality of 
tanning salons since 2006 (lack of monitoring, increase in number of infringements, in 
particular the failure to declare booths to the prefect of the département  where they are 
located, the failure to respect the UV ratings of tubes, and the lack of trained staff to 
monitor usage). 
In the light of these factors, it is vital to strengthen existing regulations on tanning devices 
and the monitoring thereof, with a view to  protecting the health and safety of the 
population, in particular minors, and of the pr ofessionals who work with these devices, by 
preventing risks associated with the practice of tanning using artificial UV radiation. 
8. Relevant documents:  
- Draft Decree - Decree No. 97-617 of 30 May 1997 on the sale and public use of 
certain tanning devices using artificial ultraviolet radiation; 
- Basic legislation (Consumer Code and Public Health Code). 
9. Proposed date of adoption:  
Proposed date of entry into force:  May 2013 
1 July 2013; for Articles 10 and 11, the date 
established by the implementing order. 
10. Final date for comments: 60 days 
11. Texts available from: National enquiry point [X] or address, telephone and fax 
numbers and e-mail and website addresse s, if available, of other body: 
National enquiry point: 
CINORTECH 
AFNOR 
11 avenue Francis de Pressensé 93571 SAINT - DENIS - LA PLAINE cedex 
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