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FRENCH REPUBLIC Ministry of Solidarity and Health
18 November 2019

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

amending the Order of 8 October 2003 on consumer information regarding radio terminal equipment issued pursuant to Article R20-10 of the Postal and Telecommunications Code, the Order of 8 October 2003 setting out the technical specifications applicable to radio terminal equipment and the Order of 12 October 2010 on displaying the specific absorption rate of radio terminal equipment
Text No 16

NOR:
Decree of 15 November 2019 on displaying the specific absorption rate of radio equipment and on consumer information

NOR: SSAP1834792A

ELI:https://www.legifrance.gouv.fr/eli/arrete/2019/11/15/SSAP1834792A/jo/texte

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

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;

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 Postal and Electronic Communications Code, in particular Articles R9, R20-11 and R20-19 thereof;
Having regard to the Postal and Electronic Communications Code, in particular Articles R. 9 R. 20-11 and R. 20-19 thereof;

Having regard to Decree No 2010-1207 of 12 October 2010 on displaying the specific absorption rate of radio terminal equipment, as amended;
Having regard to Decree No 2010-1207 of 12 October 2010 as amended by Decree No 2019-1186 of 15 November 2019 on displaying the specific absorption rate of radio equipment;

Having regard to the Order of 8 October 2003 on consumer information regarding radio terminal equipment issued pursuant to Article R20-10 of the Postal and Telecommunications Code;


Having regard to the Order 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 2018/0087/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 2019-0964 of the French Electronic Communications and Postal Regulatory Authority, dated 4 July 2019,

Hereby order:

Article 1
Article 1

The Order of 8 October 2003 on consumer information regarding radio terminal equipment issued pursuant to Article R20-10 of the Postal and Telecommunications Code is amended as follows:

1. The word ‘terminal’ is deleted from the title;
1. In the title, the word ‘terminal’ is deleted, the reference ‘Article R20-10’ is replaced by the reference ‘Article R. 20-11’ and the word ‘telecommunications’ is replaced by the words ‘electronic communications’;

2. Article 1 is worded as follows: ‘The specific absorption rate value(s) for 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 shall be provided in a legible, intelligible and visible manner in the instructions for use of radio equipment that is being put into service and intended to be used in France.’
2. Article 1 is worded as follows: ‘The specific absorption rate value(s) for radio equipment with a power output of more than 20 mW and which it is reasonably foreseeable that it will be used at a distance not exceeding 20 cm from the head or another part of the human body shall be provided in a legible, intelligible and visible manner in the instructions for use of radio equipment that is being put into service and intended to be used in France.’;

3. Article 2 is amended as follows:
3. In Article 2, the word ‘terminal’ is deleted after ‘for use of equipment’;

The word ‘terminal’ is deleted after ‘for use of equipment’.
4. The annex is deleted and replaced by the annex to this order.

4. In the annex, ‘telephone’ and ‘mobile telephone’ are replaced by ‘radio equipment’ and the final subparagraph is replaced by the following one: ‘Recommandation d’utilisation du kit mains libres si adaptée à l’équipement. Recommandation d’utilisation raisonnée de l’équipement radioélectrique par les enfants.’ [Recommendation to use a hands-free kit adapted to the equipment. Recommendation for reasonable use of the radio equipment by children.].

Article 2
Article 2

The Order of 8 October 2003 setting out the technical specifications applicable to radio terminal equipment is amended as follows:

1. The word ‘terminal’ is deleted from the title of the order and the annex thereto;
1. The word ‘terminal’ is deleted from the title of the order and of the annex thereto;

2. Article 1 is worded as follows: ‘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 may only be put into service if it meets the technical specifications in the annex to this order.’
2. Article 1 is worded as follows: ‘Radio equipment with a power output of more than 20 mW and which it is reasonably foreseeable that it will be used at a distance not exceeding 20 cm from the head or another part of the human body can only be put into service if it meets the technical specifications in the annex to this order.’;

3. The following column is added to the table in the annex after the third column:

‘

Local SAR (limbs) (W/kg) 4

Article 3
’.

Article 3

The above-mentioned Order of 12 October 2010 is amended as follows:

1. The word ‘terminal’ in the title is deleted;

2. Article 1 is amended as follows:
2. Article 1 is amended as follows:

The first subparagraph is replaced by the following one: ‘The specific absorption rate value(s) for 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 shall be provided in the immediate vicinity of the equipment to which it refers:’
a) The first subparagraph is replaced by the following subparagraph: ‘The specific absorption rate value(s) for radio equipment with a power output of more than 20 mW and it is reasonably foreseeable that it will be used at a distance not exceeding 20 cm from the head or another part of human body shall be provided in the immediate vicinity of the equipment to which it refers:’;

In the first subparagraph, ‘followed by the word “head”, “torso” or “limbs”, as applicable’ is inserted after ‘the “SAR” indication’;
b) In the last subparagraph, ‘followed by the word “head”, “torso” or “limbs”, as applicable’ is inserted after ‘the “SAR” indication’;

3. The second subparagraph in Article 2 is replaced by the following one:
3. Article 2 is amended as follows:

‘The local specific absorption rate (SAR) quantifies the user’s exposure to electromagnetic waves when the equipment in question is at maximum output. The maximum authorised SAR is 2 W/kg for the head and torso and 4 W/kg for the limbs.’
a)The words ‘and in all advertising’ are deleted from the first subparagraph.

b) The second subparagraph is replaced by the following one: ‘The local specific absorption rate (SAR) quantifies the user’s exposure to electromagnetic waves from the equipment in question. The maximum authorised SAR is 2 W/kg for the head and torso and 4 W/kg for the limbs.’;

4. Article 3 is repealed.

Article 4
Article 4

This order shall enter into force on 1 July 2018.
This order shall enter into force on 1 July 2020.

Done on [date]
Annex

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

TYPES OF INFORMATION THAT MUST BE PROVIDED UNDER THE SECTION ‘PRECAUTIONS FOR USING THE DEVICE’

A. - Information on the safety of persons, whether users or others

Compliance with specific restrictions on use in certain locations (hospitals, aircraft, service stations, schools, etc.).

For mobile telephones, a reminder that it is prohibited for a hand-held telephone to be used by the driver of a moving vehicle.

Precautions to be taken by persons with electronic implants (pacemakers, insulin pumps, neurostimulators, etc.) particularly concerning the distance between the radio equipment and the implant (15 centimetres in the case of the strongest sources of exposure such as mobile telephones).

B. - Information on how to reduce exposure to radiation emitted by radio equipment

Use the radio equipment in good reception conditions to reduce the amount of radiation received.

Use a hands-free kit or a speaker if adapted to the radio equipment.

Ensure radio equipment such as mobile telephones are used sensibly by children and adolescents, for example by avoiding night-time communications and limiting call frequency and duration.

Keep radio equipment away from the stomachs of pregnant women.

Keep radio equipment away from the lower abdomen of adolescents.

Dated 15 November 2019.

The Minister for Solidarity and Health,

Agnès Buzyn

The Minister for the Economy and Finance,

Bruno Le Maire