G/TBT/N/FRA/169  
30 November  2016 
(16-6582) 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 - SQUALPI  
Bât. Sieyès -Teledoc 151  
61, Bd Vincent Auriol  
75703 PARIS Cedex 13   
Email:  d9834.france@finances.gouv.fr  
Tel.: 01 44 97 24 55  
Name and address (including telephone and fax numbers, email and webs ite 
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) : Cotton buds 
for domestic use that have a plastic stem, other than the devices for medical use defined 
in Articles L .5211-1 and L .5221-1 of the Public Health Code.  
5. Title, number of pages and language(s) of the notified document : Décret relatif à 
l'interdiction de la mise sur le marché des bâtonnets ouatés à usage domestique dont la 
tige est en plastique, prévue au 2ème alinéa du III de  l'article L. 541 -10-5 du code de 
l'environnement  (Decree prohibiting the placing on the market of cotton buds for domestic 
use that have a plastic stem, in accordance with the second paragraph of point III of 
Article L .541-10-5 of the Environmental Code) (4 pages, in Spanish)  
6. Description of content : This Decree defines the conditions for the implementation of the 
legislative provisions of the Environmental Code that seek to prohibit, from 1 January 
2020, the placing on the market of cotton buds for dom estic use that have a plastic stem , 
with the exception of the devices defined in Articles L.5211 -1 and L.5221 -1 of the Public 
Health Code.  In this context, it sets out the implementation procedures for the second 
paragraph of point III of Article L.541 -10-5 of the Environmental Code and, in particular, 
the definitions and characteristics of these cotton buds.  
An Order of the Minister for the Environment will subsequently define the composition of 
the stem of the cotton buds to which the prohibition applies,  as well as applicable 
biodegradability conditions.  G/TBT/N/FRA/169  
- 2 - 
  7. Objective and rationale, including the nature of urgent problems where 
applicable : This regulatory provision is issued pursuant to a legislative provision aimed at 
reducing the production of plastic marine litter and therefore contributes to achieving the 
good environmental status of marine waters to which France is committed under its 
international and European obligations (Marine Strategy Framework Directive (MSFD) - 
Directive 2008/56/EC of the Euro pean Parliament and of the Council of 1 7 June 2 008).  
Marine litter is one of the 11 descriptors for determining the good environmental status of 
marine waters defined in the MSFD.  
Furthermore, litter on beaches is a common indicator for monitoring the qual ity of the 
marine environment in the context of the OSPAR Convention (for the protection of the 
north -east Atlantic).  The plastic stems of cotton buds are among the 10 litter items most 
commonly found on beaches (source : beach cleaning associations), as th ey are not 
stopped by water treatment plants.  These stems therefore constitute a source of pollution 
against which France wishes to fight in order to achieve the objective of good 
environmental status of marine waters by 2020.  The draft regulation is there fore 
necessary . 
Moreover, such pollution on beaches results in significant additional cleaning and 
maintenance costs . It also has a strong impact on tourism.  Lastly, the impacts are both 
ecological and environmental, since ingestion of such waste can have adverse effects on 
the physical condition of marine animals, or even cause their death.  Alternatives to plastic 
stems do, however, exist (paper stems, for example) and would have a lesser impact on 
marine ecosystems due to their biodegradability.  Prohibiti ng plastic cotton bud stems 
would also encourage innovation and would have a very low impact on company 
production costs . These costs would be passed on to households, but to an acceptable 
degree, since the cost of these products is relatively low.  The dra ft regulation is therefore 
also proportionate . 
This measure would apply in France to all parties placing cotton buds on the market 
(producers, distributors, etc.), across the board . It is therefore non-discriminatory .  
8. Relevant documents : Article 124 o f Act No . 2016-1087 of 8 August 2 016 on the 
restoration of biodiversity, nature and the countryside, amending Article L .541-10-5 of the 
Environmental Code.  
9. Proposed date of adoption : To be determined following notification to the European 
Commission.  
Proposed date of entry into force : 1 January 2 020 
10. Final date for comments : 60 days from the date of circulation.  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available,  of other body:  
Ministère de l'environnement, de l'énergie et de la mer (MEEM)  
Direction générale du logement, de l'aménagement et de la nature (DGALN)  
Direction de l'eau et de la biodiversité (DEB)  
Sous-direction du littoral et des milieux marins/bureau L M3 
92055 La Défense Cedex  
France  
Emilie Pleyber -Le Foll (Chief)   
Email:  emilie.pleyber@developpement -durable.gouv.fr  
Tel.: 01 40 81 67 57  
Arthur de Cambiaire (Deputy Chief)   
Email:  arthur.de -cambiaire@developpement -durable.gouv.fr  
Tel.: 01 40 81 32 10  
https://members.wto.org/crnattachments /2016/TBT/FRA/16_4916_00_f.pdf