New SAR requirements since July 1, 2020

Are you affected by the new legal obligations?

Are you concerned by the new obligations of the ``Loi Abeille``?

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The white book of the SAR measurement

UNDERSTANDING THE ``Loi Abeille 2``
FOR RADIOELECTRIC EQUIPMENT
2020-09-01-livre-blanc-labo-das-en-1

Your questions about Specific absorption rate (SAR)

The Specific Absorption Rate Index or SAR is an index indicating the power of a flow of energy carried by radio waves absorbed by the user of a radio device (e.g. mobile phone, tablets, connected watch).

The SAR is assessed in the laboratory using standard protocols.

The tests use ” mannequins “, i.e. plastic containers in the shape of a human head or body, filled with a homogeneous liquid that mimics the dielectric characteristics of the human body. The equipment to be tested is placed under the container.

There are many products and equipment that can potentially meet these criteria:

– smartphones

– DECT phones

– tablets

– laptops

– wireless computer peripherals

– connected office equipment

– communicating robots

– connected watches and bracelets

– 3G or 4G/5G routers in “pocket” format (pocket router type) ;

– VHF maritime portable VHF

– walkie-talkies or equivalent devices (PMR) ;

– wireless microphones;

– radio controls for UAVs or model aircraft;

– motorcycle helmets connected

– connected glasses

– wireless headphones or headsets

– Portable safety sensors (e.g. distance sensors, person location modules)

– baby sitters

– connected virtual reality headsets

– wifi cameras

– action cameras

– wireless headphones

– home automation systems

– home automation remote controls

– garage remote control

– wireless payment terminals

– radio-controlled toys

– connected sensors

– internet box

– handheld barcode scanners

– connected GPS

– connected appliances

– connected means of transport

– and so on

To determine whether or not the equipment is affected, the maximum power of all radio-frequency transmitters contained in the equipment must be added together and checked whether or not it exceeds 20 mW.

Translated with www.DeepL.com/Translator (free version)

In 2015, a law on sobriety, transparency, information and consultation regarding exposure to electromagnetic waves was passed (known as the “Loi Abeille”).

This law extended the obligation to mention the SAR to all radio terminal equipment for which this measurement must be carried out by the manufacturer (tablets, connected watches, etc.).

The concrete implementation of this measure required the publication of an implementing decree which has just been published. This Decree provides that radio equipment marketed as of July 1, 2020, with a transmitting power greater than 20 mW and for which it is reasonably foreseeable that it will be used at a distance not exceeding 20 cm from the human head or body, must mention the SAR.

Translated with www.DeepL.com/Translator (free version)

Until now, only “radio terminals” (i.e. mainly mobile phones and some DECT phones) have been covered by regulations on exposure to electromagnetic waves. Their manufacturers are subject to obligations to measure and publish the SARs of the products they place on the market.

In 2015 , the legislator decided to extend these obligations to a larger number of products that emit electromagnetic waves and are likely to be close to the human body.

This is why, from 1 July 2020, pursuant to the decree and order of 15 November 2019 (see appendix), products and equipment that are placed on the market will be concerned by the obligation to publish SAR values:

– contain one or more transmitters of electromagnetic waves with a power exceeding 20 mW13

– and will be used in a “reasonably foreseeable” manner (see explanations below) at a distance of less than 20 cm from the human body.

Translated with www.DeepL.com/Translator (free version)

Laws and regulations updated as of 1 July 2020:

1 Regulations in France (“Loi Abeille”)
1.1 Before the Bee Law

Until 1 July 2020, only “radio terminals” (i.e. essentially mobile phones and certain DECT phones) are concerned by French regulations on exposure to electromagnetic waves. Their manufacturers are subject to SAR measurement obligations and, since 2010, they have been required to publish the value in advertisements and at points of sale. These provisions are in addition to those imposed in Europe, notably under the RED Directive.

1.2 The Bee Law

At the instigation of Mrs. Laurence Abeille, the legislator decided, in 2015[1], to extend these obligations to a greater number of products emitting electromagnetic waves and likely to be used close to the human body.

 

Thus, from 1 July 2020, new obligations resulting from this law will apply to manufacturers, importers and distributors to all wireless and connected products which will have the obligation to publish SAR values, products and equipment which :

Contain one or more transmitters of electromagnetic waves whose total power exceeds 20 mW [2]
and will be used in a “reasonably foreseeable” manner (see explanations below) at a distance of less than 20 cm from the human body.

Reference texts: put the links.

1.3 Market surveillance

Member States shall monitor compliance with these regulatory requirements a posteriori, after the equipment has been placed on the market.

In France, the Agence Nationale des Fréquences (ANFR) is responsible for checks on radio frequencies. It takes unannounced samples of products offered for sale, carries out laboratory tests and makes the results public. Non-compliant products are immediately withdrawn from the market[3] and fines may be imposed. The General Directorate for Competition, Consumer Affairs and Fraud Control (DGCCRF) may also carry out unannounced checks to verify that the manufacturer or the person placing the product on the market complies with all the regulatory obligations in force.

 

1] Law n°2015-136 of February 9, 2015 relating to sobriety, transparency, information and consultation on exposure to electromagnetic waves.

2] i.e. 13 dBm.

3] Between 2018 and 2019, 5 mobile phones were thus banned from being placed on the market in France.

Translated with www.DeepL.com/Translator

Order of 15 November 2019 on the display of the specific absorption rate of radio equipment and on consumer information

NOR: SSAP1834792A

The Minister of Solidarity and Health and the Minister of the Economy and Finance,
Having regard to Directive (EU) 2014/53 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 the Postal and Electronic Communications Code, in particular Articles R. 9, R. 20-11 and R. 20-19 thereof;
Having regard to Decree n° 2010-1207 of 12 October 2010 amended by Decree n° 2019-1186 of 15 November 2019 relating to the display of the specific absorption rate of radio equipment ;
Considering the Order of 8 October 2003 relating to the information of consumers on the radioelectric terminal equipment taken in application of Article R. 20-10 of the Post and Telecommunications Code ;
Having regard to the Order of 8 October 2003 setting technical specifications applicable to radio terminal equipment;
Having regard to the order of 12 October 2010 relating to the display of the specific absorption rate of radio terminal equipment;
Having regard to notification No. 2018/0087/F sent to the European Commission pursuant to Directive (EU) 2015/1535 ;
Having regard to the comments made during the public consultation carried out from 16 April to 13 May 2018, pursuant to Article L. 123-19-1 of the Environment Code;
Having regard to opinion no. 2019-0964 of the French Regulatory Authority for Electronic Communications and Posts dated 4 July 2019,
Stop:

Article 1
Amended the following provisions :
Amends Order of October 8, 2003 (VD)
Amends Order of 8 October 2003 – art. 1 (VD)
Amends Order of 8 October 2003 – art. 2 (VD)
Amends Order of October 8, 2003 – art. SCHEDULE (VD)

Article 2
Amended the following provisions :
Amends Order of October 8, 2003 (VD)
Amends Order of 8 October 2003 – art. 1 (VD)
Amends Order of October 8, 2003 – art. Schedule (VD)

Article 3
Amended the following provisions :
Amends Order of October 12, 2010 (VD)
Amends Order of October 12, 2010 – art. 1 (VD)
Amends Order of 12 October 2010 – art. 2 (VD)
Repeals Order of October 12, 2010 – s. 3 (VT)

Article 4 (deferred) More about this article…

This Order shall enter into force on 1 July 2020.

Annex

ANNEX
TYPES OF INFORMATION TO BE INCLUDED UNDER THE HEADING “PRECAUTIONS FOR USE OF THE DEVICE”.
A. – Information relating to the safety of persons using or not using the equipment

Compliance with usage restrictions specific to certain places (hospitals, airplanes, gas stations, schools…).
For mobile phones, reminder of the ban on the use of a phone held in the hand of the driver of a vehicle on the road.
Precautions to be taken by wearers of electronic implants (pacemakers, insulin pumps, neurostimulators, etc.) concerning the distance between the radio equipment and the implant (15 centimetres in the case of the strongest sources of exposure such as mobile phones).

B. – Information on behaviour to reduce exposure to radiation from radio equipment

Use radio equipment under good reception conditions to reduce the amount of radiation received.
Use a hands-free kit or speaker, if appropriate for the radio equipment.
Make sensible use of radio equipment such as mobile phones by children and young people, for example by avoiding night-time communication and limiting the frequency and duration of calls.
Keep radio equipment away from the womb of pregnant women.
Keep radio equipment away from the lower abdomen of adolescents.

Done on 15 November 2019.

The Minister of Solidarity and Health,

Agnes Buzyn

The Minister of Economy and Finance,

Bruno Le Maire

Translated with www.DeepL.com/Translator

REGULATORY TEXTS IN FORCE AS FROM 1 JULY 2020

Decree No. 2010-1207 of 12 October 2010 on the display of the specific absorption rate of radio terminal equipment amended by Decree No. 2019-1186 of 15 November 2019 on the display of the specific absorption rate of radio equipment

Article 1

The value of the specific absorption rate defined in 4° of article R. 9 of the French Post and Electronic Communications Code for radio terminal equipment mentioned in 10° and 11° of article 32 of this code radio equipment whose transmission power is greater than 20 mW and which it is reasonably foreseeable will be used at a distance not exceeding 20 cm from the head or any other part of the human body, offered for sale, including in the context of distance selling, sold, rented out or distributed free of charge is displayed in accordance with the terms and conditions set by joint order of the ministers responsible for health and consumer affairs.

Order of 12 October 2010 on the display of the specific absorption rate of radio terminal equipment Modified by the Order of 15 November 2019 on the display of the specific absorption rate of radio equipment and consumer information

Article 1

The value of the specific absorption rate of mobile phones intended for use in networks open to the public shall be given in close proximity to the equipment to which it relates :

The specific absorption rate value(s) for radio equipment with a transmitting power greater than 20 mW which can reasonably be expected to be used at a distance of not more than 20 cm from the head or other part of the human body shall be displayed in the immediate vicinity of the equipment to which it relates :

– at the point of sale or distribution free of charge to the final consumer; – in any advertising. The value of the specific absorption rate, expressed in watts per kilogram (W/kg) and preceded by the word ‘SAR’, followed as appropriate by the word ‘head’, ‘trunk’ or ‘limbs’ shall be indicated in bold type and of a size at least equal to the largest used to present the technical characteristics of the equipment, whatever the medium used.

Article 2

The following statement shall appear in a visible and legible manner at least once at the point of sale or distribution free of charge to the final consumer, and in any advertising: “The SAR (Specific Absorption Rate) of mobile phones quantifies the maximum level of exposure of the user to electromagnetic waves, for use at the ear. French regulations require that the SAR does not exceed 2 W/kg. »

The local Specific Absorption Rate (SAR) quantifies the user’s exposure to the electromagnetic waves of the equipment concerned. The maximum permitted SAR is 2 W/kg for the head and trunk and 4 W/kg for the limbs.

Article 3

The provisions of this Order shall enter into force six months after its publication in the Official Journal of the French Republic.

Order of 8 October 2003 laying down technical specifications applicable to radio terminal equipment

amended by the order of 15 November 2019 on the display of the specific absorption rate of radio equipment and consumer information

Article 1

Radio terminal equipment may be put into service and used only if it complies with the technical specifications annexed to this Order.

Radio equipment with a transmitting power greater than 20 mW which can reasonably be expected to be used at a distance not exceeding 20 cm from the head or any other part of the human body may be put into service only if it complies with the technical specifications annexed to this Order.

Order of 8 October 2003 on consumer information on radio terminal equipment, issued in application of Article R. 20-10 of the French Post and Telecommunications Code.

modified by the order of 15 November 2019 relating to the display of the specific absorption rate

Article 1

The local Specific Absorption Rate (SAR) in the head is legibly and visibly shown in the operating instructions for radio terminal equipment intended for use in France.

The value(s) of the specific absorption rate of radio equipment, the transmitting power of which exceeds 20 mW and which it is reasonably foreseeable will be used at a distance not exceeding 20 cm from the head or another part of the human body, shall be indicated legibly, intelligibly and visibly in the instructions for use of radio equipment put into service for use in France.

Article 2

Information in accordance with that mentioned in the appendix to this order appears, under a heading entitled Precautions for use of the equipment, in the instructions for use or in a notice attached to the instructions for use of radio terminal equipment intended for use in France. The editorial form of this information is left to the initiative of the manufacturer or the person responsible for placing the equipment on the market.

Annex

o TYPES OF INFORMATION TO BE FIGURED UNDER THE APPARATUS PRECAUTIONS SECTION.

APPENDIX

A. – Measures affecting the safety of users and non-users alike

Non-use of the mobile phone in certain situations (while driving) and places (airplanes, hospitals, gas stations and professional garages).

Precautions to be taken by wearers of electronic implants (pacemakers, insulin pumps, neurostimulators, etc.) concerning the distance between the mobile phone and the implant (15 centimetres) and the position of the phone, during the call, on the side opposite the implant.

B. – Advice for use to reduce the level of exposure of the consumer to radiation (it will be specified that this advice is given as a simple precautionary measure, as no danger linked to the use of a mobile phone has been observed).

Recommendation to use the mobile phone in good reception conditions, to reduce the amount of radiation received (especially in an underground car park, when travelling by train or car, etc.).

Indication of the parameters for good reception (e.g. display of four or five bars on the phone screen).

Recommendation to use a hands-free kit and, in this situation, precautions to be taken when making a call:

keep the phone away from the stomach for pregnant women or away from the lower stomach for teenagers.

APPENDIX TYPES OF INFORMATION TO BE INCLUDED UNDER THE HEADING “PRECAUTIONS FOR USE OF THE DEVICE” A. – Information relating to the safety of persons using or not using the device Respect for usage restrictions specific to certain places (hospitals, aircraft, petrol stations, schools, etc.). For mobile telephones, reminder of the ban on the use of a telephone held in the hand of the driver of a vehicle on the road. Precautions to be taken by wearers of electronic implants (pacemakers, insulin pumps, neurostimulators, etc.) concerning the distance between the radio equipment and the implant (15 centimetres in the case of the strongest sources of exposure such as mobile phones).

B. – Information on the behaviour to adopt in order to reduce exposure to radiation emitted by radioelectric equipment. Use radio equipment under good reception conditions to reduce the amount of radiation received. Use a hands-free kit or a loudspeaker, if appropriate for the radio equipment. Make sensible use of radio equipment, such as mobile phones, by children and young people, for example by avoiding night-time communication and limiting the frequency and duration of calls. Keep radio equipment away from the womb of pregnant women. Keep radio equipment away from the lower abdomen of adolescents.