WORLD TRADE  
ORGANIZATION  G/TBT/N/FRA/47 
24 November 2005 
 
 (05-5570) 
Committee on Technical Barriers to Trade Original:   French 
  
 
NOTIFICATION 
The following notification is being circ ulated in accordance with Article 10.6. 
 
1. Member to Agreement notifying:   FRANCE
 
If applicable, name of local government involved (Articles 3.2 and 7.2):    
2. Agency responsible:    
Ministère de l'emploi, de la cohésion sociale et du logement 
Direction générale de l' urbanisme, de l'habitat et de la construction 
Service du développement urbain et de l'habitat Sous-direction des interventions urbaines et de l'habitat 
Bureau des interventions urbaines pour l'habitat privé 
(Ministry of Employment, Social Cohesion and Housing Directorate-General of Town Pla nning, Housing and Construction  
Department of Urban De velopment and Housing 
Sub-directorate for the Development of Private Urban Settlements) 
La Grande Arche – Paroi Sud 
92055 LA DEFENSE Cedex 
Ministère de la santé et des solidarités 
Direction générale de la santé Sous-direction de la gestion des risques des milieux Bureau bâtiments, bruits et milieu de  travail (SD7C)  
(Ministry of Health and Solidarity 
Directorate-General of Health Sub-directorate for Environmental Risk Management  Office for Buildings, Noise Abatement and Work Environment) 14, avenue Duquesne 
75350 PARIS 07 SP 
Name and address (including telephone and fax numbers, e-mail and web-site 
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):   Portable X-ray 
fluorescence (XRF) analysers used for th e detection of lead in paints. G/TBT/N/FRA/47 
Page 2  
 
 5. Title, number of pages and language(s) of the notified document:   Order concerning 
lead exposure risk assessment (15 pages). 
6. Description of content:   The draft order lays down the procedures for drawing up a lead 
exposure risk assessment (CREP), and the cont ent of an information note annexed to the 
assessment.  The draft order defines the assessment protocol and stipulates that the assessment is to be carried out using instru ments that measure lead concentrations in 
surfaces by means of X-ray fluorescence. 
7. Objective and rationale, including the nature of urgent problems where applicable:    
 In 1999, INSERM (French National Institu te for Health and Medical Research) 
estimated that the number of children between the ages of one and six years suffering from lead poisoning (defined as having blood lead  concentrations of over 100µg/L) was 
approximately 84,000.  Childhood lead pois oning is responsible for haematological, 
neurological and kidney defects.  The basic cause of childhood lead poisoning is the lead content in old, deteriorating paintwork, of  which the dust is inhaled and the chips are 
ingested by children.  Lead exposure ri sk assessment (CREP) falls under the heading 
"prevention" in domestic legislation to combat childhood lead poisoning. 
 The CREP is a document that is required by law to be given to the buyer (and from 
11 August 2008, to the tenant), providi ng information on the possible presence and 
condition of lead-based paints in a dwelling.  It must be produced by the seller (or renter) of 
any dwelling constructed before 1 January 1949. 
 An order to draw up the risk assessment  document (CREP), by the expert needs 
comprehensive data on the presence or absence of  lead in the paintwork, which in turn 
requires a vast number of tests.  Portable X-ray fluorescence equipment allows this to be done rapidly.  It provides the author of the CREP with an immediate result that enables him 
to optimize the number of measurement points.   This is a non-destructive method that 
obviates the need to remove sample material and avoids potential spreading of lead dust 
caused by such extractions.  The physical and chemical analysis of samples, which simulates the ingestion of paint chips, is the method used to determine lead concentration. 
 Comparative studies on portable X-ray florescence instruments have shown that the 
accuracy of CREPS requires the use of equipment capable of analysing K-shell X-rays on 
the lead fluorescence spectrum.  Equipment that produces the emission of a fluorescence spectrum composed only of L-shell X-rays from lead is not able to detect the presence of 
lead when it is no longer at the surface, since L-shell X-rays are mostly absorbed by the 
overlying surface layer (as is frequently the case in situations where old paint containing 
white lead has been covered over by other su rfaces, such as rendering, which is thick and 
dense).  This limitation of some X-ray fluorescence equipment could mislead the operator 
into concluding that there is no lead present ("false negatives") thereby exposing a future 
occupant of the dwelling to a health risk in the case of deteriorati ng paintwork (ageing of 
the building, wear and tear, construction work, etc.).  
8. Relevant documents:   Report of the Agence Française de Sécurité Sanitaire 
Environnementale (French Agency for Health and Envi ronmental Safety), in partnership 
with the Centre Scientific et Technique du Bâtiment :  Detection of lead in old paints – 
Referral of 16 February 2004, May 2005 (www.afsse.fr). 
9. Proposed date of adoption:   
Proposed date of entry into force:   }December 2005-January 2006 
Upon Publication        G/TBT/N/FRA/47 
 Page 3 
 
 
 10. Final date for comments:   20 December 2005      
11. Texts available from:  National enquiry point [  X ] or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body:   
 
National Enquiry Point CINORTECH 
AFNOR 
11 avenue Francis de Pressensé 93571 SAINT-DENIS – LA PLAINE Cedex