G/TBT/N/FRA/171  
10 February  2017 
(17-0832) 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:  
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:  
Sous-direction de la prévention des risques liés à l'environnement et à  l'alimentation, 
SD-EA (Sub-Directorate for the Prevention of Environmental and Food -related Risks)  
Bureau environnement extérieur et produits chimiques  (Office of the External Environment 
and Chemical Products) (EA1)  
14 avenue Duquesne  
75350 Paris 07 SP  
Tel: 01.40.56.71.86  
delphine.caamano@sante.gouv.fr  
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 tari ff 
heading . ICS numbers may be provided in addition where applicable) : Tanning 
devices (tanning booths/sunbeds)  
5. Title, number of pages and language(s) of the notified document : Projet de décret 
relatif aux conditions de mise à disposition des appareils  de bronzage au public et 
modifiant le décret n° 2013 -1261 du 27 décembre 2013 relatif à la vente et à la mise à 
disposition du public de certains appareils utilisant des rayonnements ultraviolets  (Draft 
Decree on the public use of tanning devices, which a mends Decree No. 2013-1261 of 
27 December 2 013 on the sale and public use of certain tanning devices using artificial 
ultraviolet radiation) (8 pages, in French)  
6. Description of content : The notified draft Decree, pursuant to Article 21 of Law 2016 -41 
of 26 January 2 016 on the modernization of the health system, amends the provisions of 
Decree No. 2013-1261 of 2 7 December 2 013, which was also the subject of a TBT 
notification on 7 March 2 013. 
With a view to ensuring the protection and safety of the publi c, this draft Decree sets out 
several provisions on technical standards:  
 Section II (which amends Article 2 of Decree No. 2013-1261) prohibits the sale of 
UV3 devices to the public (the sale of UV1 devices has been prohibited since 1997);  
 Section X (which amends Article 12 of Decree No. 2013-1261) establishes that a 
written document must be included with the instruction manual for devices in order 
to remind professionals of the health risks associated with exposure to artificial 
ultraviolet radiation;  
 Section XI (amending Article 13 of Decree 2013 -1261) establishes that oral and 
written information must be provided prior to use of device s (since 2013, warning 
messages have been compulsory in public reception areas, next to each device, and 
on advertisement m aterial);  G/TBT/N/FRA/171  
- 2 - 
    Section XV (amending Article 17 of Decree No. 2013 -1261) establishes that technical 
inspections must be carried out when UV emitters are changed, to check the levels 
of radiation emitted.  
7. Objective and rationale, including the nature of urg ent problems where 
applicable : Since 1997, France has pursued a strategy to reduce the health risks linked to 
ultraviolet radiation, by regulating artificial tanning practices (Decrees of 1997 and 2013) . 
Studies conducted in the country have shown that UV radiation  may be dangerous, 
regardless of the frequency, exposure or dose received, and as from the first use . 
According to current knowledge, repeated exposure to artificial UV radiation through the 
use of tanning devices has more disadvantages than benef its (National Cancer Institute) . 
In 2015, it was estimated that there were 14,325 new cases of cutaneous melanoma 
(compared with 9780 in 2011) which led to 1773 deaths (compared with 1620 in 2011) . 
These cases have increased over the past five years (see r elevant documents).  
At international level, the International Agency for Research on Cancer (IARC) determined 
that UV radiation was carcinogenic to humans in July 2 009. Moreover, in its report of 
17 November 2 016 (see relevant documents) the Scientific Com mittee on Health, 
Environmental And Emerging Risks (SCHEER) conclude d that there is no safe limit for 
exposure to UV radiation from sunbeds, given the carcinogenic effect of exposure to 
tanning devices and the nature of the skin cancers induced.  
However, t he public is still insufficiently informed of the risks related to the practice of 
artificial tanning and many individuals continue to believe that it is beneficial . Less than 
50% of individuals  interview ed believed that they were well -informed of the canc er risks 
linked to exposure to artificial rays (see relevant documents).  
In light of the aforementioned findings, it appears necessary, appropriate and 
proportionate to strengthen the regulations on artificial tanning and develop consumer 
information on th e health hazards associated with exposure to artificial UV radiation.  This 
is the objective of the notified draft Decree.  
8. Relevant documents:  
 Article 21 de la loi n°2016 -41 du 26 janvier 2016 de modernisation de notre système 
de santé  (Article 21 of La w No. 2016-41 of 2 6 January 2 016 on the modernization of 
the health system)  
 Final opinion on biological effects of ultraviolet radiation relevant to health with 
particular reference to sunbeds for cosmetic purposes, SCHEE R 
https://ec.europa.eu/health/sites/health/files/scientific_committees/scheer/docs/sch
eer_o_003.pdf  
 "Les cancers en France - Edition 2015"  ("Cancer in France - Edition 2015 "), National 
Cancer Institute, April 2 016 
 L'exposition aux ultraviolets artificiels en France, Bulletin épidémiologique 
hebdomadaire, Institut de veille sanitaire  (Exposure to Artificial Ultraviolet Radiation, 
Weekly Epidemiological Bulletin, French Institute fo r Public Health Surveillance), 
May 2012 
9. Proposed date of adoption : May 2 017 
Proposed date of entry into force : 1 July 2 017 
10. Final date for comments : 60 days from the date of notification.  
11. Texts available from:  National enquiry point [X] or add ress, 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 Plainte Cedex  
https://members.wto.org/crnattachments/2017/TBT/FRA/17_0794_00_f.pdf