WORLD TRADE  
ORGANIZATION  G/TBT/N/FRA/48 
24 November 2005 
 (05-5569) 
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:         
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:    
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 prive 
(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 Solidarities 
Directorate-General for Health 
Sub-directorate for Environmental Risk Management  Office for Buildings, Noise Abatement and Work Environment) 14, avenue Duquesne 75350 PARIS 07 SP 
      
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 the de tection of lead in paints.      
5. Title, number of pages and language(s) of the notified document:   Order concerning the 
diagnostic analysis of risk of lead poisoning from paints (9 pages).      G/TBT/N/FRA/48 
Page 2  
 
 6. Description of content:   The draft order lays down the procedures for establishing a 
diagnosis of the risk of poisoning from lead -based paints in buildings inhabited or 
frequented by minors.  According to the protocol provided for in this draft order, the diagnostic process can be initiated by the prefect of the département  concerned upon 
reception of a report of a case of lead poisoning or a minor at risk of exposure to lead. 
 The diagnosis:  the worn surfaces, specifi es lead levels in those surfaces and the  
method of analysis used for measuring them, and describes the condition of lead-containing surfaces.  The draft order stipulates that the di agnosis is to be established using instruments 
that measure lead concentrations in surf aces 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 poisoning is a disease that is required to be reported by law.  
The notification of a case of lead poisoning to  the health authorities triggers an on-site 
investigation of the possible sources of poisoning and an analysis of deteriorating paintwork 
in the places frequented by the child with lead poisoning.  If lead is detected in peeling 
paint, the owner is required to undertake the necessary work, failing which the work will be 
carried out ex officio, at the owner's expen se.  Such diagnostic analysis falls under the 
heading "emergency procedures" in domestic legislation to combat childhood lead 
poisoning. 
 The diagnosis carried out by the Stat e services or their agents requires 
comprehensive data on the presence or absence of lead in deteriorating paintwork, which in 
turn involves a vast number of tests.  Portab le X-ray fluorescence equipment allows this to 
be done rapidly.  It provides the expert making the diagnosis with an immediate result that 
enables him to optimize the number of measur ement 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 fluorescence instruments have shown that 
the accuracy of diagnostic analysis requires th e 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 th e 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 covere d over by other surfaces, such as rendering, 
which is thick and dense).  This limitation of some X-ray fluorescence equipment could 
mislead the operator into concluding that ther e is no lead present ("false negatives") thereby 
misjudging and making it impossible to remedy the health risk involved. 
  G/TBT/N/FRA/48 
 Page 3 
 
 
 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 Scientifique 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 
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