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FRENCH REPUBLIC Ministry of Solidarity and Health
18 November 2019

Decree No of
Official Journal of the French Republic (JORF) No 0267 of 17 November 2019

amending Decree No 2010-1207 of 12 October 2010 on displaying the specific absorption rate of radio terminal equipment
Text No 13

NOR:
Decree No 2019-1186 of 15 November 2019 on displaying the specific absorption rate of radio equipment

Groups concerned: manufacturers (or their representatives), importers, distributors of radio equipment.
NOR: SSAP1834791D

Purpose: measure on providing information to consumers regarding the specific absorption rate (SAR) value of radio equipment subject to a measuring obligation (mobile telephones, tablets, remote-controlled toys, etc.).
ELI:https://www.legifrance.gouv.fr/eli/decret/2019/11/15/SSAP1834791D/jo/texte

Entry into force: the decree shall enter into force on 1 July 2018.
Alias: https://www.legifrance.gouv.fr/eli/decret/2019/11/15/2019-1186/jo/texte

Notice: Article 4 of Act No 2015-136 of 9 February 2015 on restraint, transparency, information and dialogue regarding exposure to electromagnetic waves amended Article 184 of Act No 2010-788 of 12 July 2010 on the national commitment to the environment. This Article provides for an obligation to display the specific absorption rate solely for mobile telephony devices. Act No 2015-136 of 9 February 2015 extends the obligation to display the SAR to radio equipment subject to a measuring obligation. This text provides consistency between the existing regulatory provisions and those laid down by law by extending the provisions of Decree No 2010-1207 of 12 October 2010 on the obligation to display the specific absorption rate to all radio equipment subject to a measuring obligation.
Groups concerned: manufacturers, importers, distributors of radio equipment.

References: this decree can be consulted on the Légifrance website (www.legifrance.gouv.fr).
Purpose: to provide information to consumers regarding the specific absorption rate (SAR) value of radio equipment subject to a measuring obligation (mobile telephones, tablets, remote-controlled toys, etc.).

Entry into force: the Decree shall enter into force on 1 July 2020.

Notice: Article 4 of Act No 2015-136 of 9 February 2015 on restraint, transparency, information and dialogue regarding exposure to electromagnetic waves amended Article 184 of Act No 2010-788 of 12 July 2010 on the national commitment to the environment to extend the obligation to display the SAR applicable only to mobile telephony devices to radio equipment subject to a measuring obligation. The Decree, issued on the basis of Article L412-1 of the Consumer Code, provides consistency between the regulatory provisions and the aforementioned legislative provisions so that they apply to all radio equipment subject to a measuring obligation.

References: the Decree can be consulted on the Légifrance website (https://www.legifrance.gouv.fr).

The Prime Minister,


Having regard to Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC, in particular Article 7 thereof;

Having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services;
Having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field

of technical regulations and of rules on Information Society services;

Having regard to the Consumer Code, in particular Article L412-1 thereof;

Having regard to the Postal and Electronic Communications Code, in particular Articles L32, L36-5, R9 and R20-11 thereof;

Having regard to Law No 2010-788 of 12 July 2010 on the national commitment to the environment, as amended by Act No 2015-136 of 9 February 2015 on restraint, transparency, information and dialogue regarding exposure to electromagnetic waves, in particular Article 184 thereof;
Having regard to Law No 2010-788 of 12 July 2010 on the national commitment to the environment, as amended, in particular Article 184 thereof;

Having regard to Decree No 2010-1207 of 12 October 2010 on displaying the specific absorption rate of radio terminal equipment;

Having regard to Notification No […] submitted to the European Commission in accordance with Directive (EU) 2015/1535;
Having regard to Notification No 2018/0086/F submitted to the European Commission in accordance with Directive (EU) 2015/1535;

Having regard to the opinion of the French Electronic Communications and Postal Regulatory Authority, dated […];
Having regard to the observations made during the public consultation carried out between 16 April and 13 May 2018, pursuant to Article L123-19-1 of the Environmental Code;

Having regard to opinion No 2019-0964 of the French Electronic Communications and Postal Regulatory Authority, dated 4 July 2019;

Having heard the Council of State (social section),

HEREBY DECREES:
Hereby decrees:

Article 1

In the title of the above-mentioned Decree of 12 October 2010, ‘terminal’ is deleted;
In the title of the above-mentioned Decree of 12 October 2010, ‘terminal’ is deleted.

Article 2

In Article 1 of the Decree of 12 October 2010, ‘radio terminal equipment referred to in points 10 and 11 of Article 32 of this code’ is replaced by ‘radio equipment with an output of more than 20 mW and which is likely to be used in a reasonably foreseeable manner near the head or at a distance of less than or equal to 20 cm from the human body,’
In Article 1 of the above-mentioned Decree of 12 October 2010, ‘radio terminal equipment referred to in points 10 and 11 of Article 32 of this code’ is replaced by ‘radio equipment with an emission output of more than 20 mW and which is reasonably foreseeable to be used at a distance not exceeding 20 cm from the head or another part of the human body,’.

Article 3

This decree shall enter into force on 1 July 2018.
This Decree shall enter into force on 1 July 2020.

Article 4

The Minister for Solidarity and Health and the Minister for Economy and Finance shall be responsible, insofar as it falls within their remit, for implementing this decree, which shall be published in the Official Journal of the French Republic.
The Minister for Solidarity and Health and the Minister for Economy and Finance shall be responsible, insofar as it falls within their remit, for implementing this Decree, which shall be published in the Official Journal of the French Republic.

Done on [date]
Done on 15 November 2019.

Edouard Philippe

By the Prime Minister:

The Minister for Solidarity and Health, The Minister for the Economy and Finance,
The Minister for Solidarity and Health,

Agnès Buzyn

The Minister for the Economy and Finance,

Bruno Le Maire