The Abeille law 2020 (S.A.R.)
Tout savoir sur le ``Débit d'absorption spécifique`` (D.A.S.)
Laws and regulations updated as of July 1, 2020:
1 Regulations in France (“Bee” law)
1.1 Before the Bee Law
Until July 1, 2020, only “radio terminals” (i.e. mainly cell phones and some DECT phones) are concerned by French regulations on exposure to electromagnetic waves. Their manufacturers are subject to SAR measurement obligations and, since 2010, they must publish the value in advertisements and points of sale. These provisions are in addition to those required 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 July 1, 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 that :
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’ control of compliance with these regulatory requirements is carried out a posteriori, after the equipment has been placed on the market.
In France, the Agence Nationale des Fréquences (ANFR) is responsible for verifying 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 Non-compliant products are immediately withdrawn from the market[3] and fines may be imposed.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 Consumer Competition and Fraud Control (DGCCRF) may also carry out unannounced checks to verify that the manufacturer or marketer complies with all applicable regulatory obligations.
1] Law n°2015-136 of February 9, 2015 relating to sobriety, transparency, information and consultation in terms of exposure to electromagnetic waves.
2] i.e. 13 dBm.
3] Between 2018 and 2019, 5 cell phones have been banned from the French market.
Translated with www.DeepL.com/
Order of November 15, 2019 on the display of the specific absorption rate of radio equipment and consumer information
NOR: SSAP1834792A
The Minister of Solidarity and Health and the Minister of 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 No. 2010-1207 of 12 October 2010 amended by Decree No. 2019-1186 of 15 November 2019 relating to the display of the specific absorption rate of radio equipment ;
Considering the decree of October 8, 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 ;
Considering the decree of 8 October 2003 fixing technical specifications applicable to the radioelectric terminal equipment;
Considering the decree of 12 October 2010 relating to the display of the specific absorption rate of the radioelectric 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 observations 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 the opinion n° 2019-0964 of the Regulatory Authority for Electronic Communications and Posts dated July 4, 2019,
Stop :
Article 1
Amended the following provisions :
Amends Order of October 8, 2003 (VD)
Amends Order of October 8, 2003 – art. 1 (VD)
Amends Order of October 8, 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 October 8, 2003 – art. 1 (VD)
Amends Order of October 8, 2003 – art. Schedule (VD)
Article 3
Amended the following provisions :
Amended Order of October 12, 2010 (VD)
Amends Order of October 12, 2010 – art. 1 (VD)
Amends Order of October 12, 2010 – art. 2 (VD)
Repeals Order of October 12, 2010 – s. 3 (VT)
Article 4 (deferred) Learn more about this article…
This Order comes into force on July 1, 2020.
Appendix
APPENDIX
TYPES OF INFORMATION THAT SHOULD BE INCLUDED UNDER THE HEADING “PRECAUTIONS FOR USE OF THE DEVICE”.
A. – Information relating to the safety of users and non-users alike
Compliance with usage restrictions specific to certain places (hospitals, airplanes, gas stations, schools, etc.).
For cell 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 centimeters in the case of the strongest sources of exposure such as cell phones).
B. – Information on the behaviors to adopt in order to reduce exposure to radiation emitted by radioelectric equipment
Use radio equipment in 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 cell phones by children and adolescents, 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 November 15, 2019.
The Minister of Solidarity and Health,
Agnès Buzyn
The Minister of Economy and Finance,
Bruno Le Maire
Translated with www.DeepL.com
REGULATORY TEXTS IN FORCE AS OF JULY 1, 2020
Decree No. 2010-1207 of October 12, 2010 relating to the display of the specific absorption rate of radio terminal equipment amended by Decree No. 2019-1186 of November 15, 2019 relating to 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 code of posts and electronic communications of the 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 October 12, 2010 relating to the display of the specific absorption rate of radioelectric terminal equipment Modified by the Order of November 15, 2019 relating to the display of the specific absorption rate of radioelectric equipment and consumer information
Article 1
The value of the specific absorption rate of cell phones intended for use in networks open to the public is shown in close proximity to the equipment to which it relates :
The value(s) of the specific absorption rate of 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 place 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 visibly and legibly at least once at the point of sale or distribution free of charge to the final consumer, and in all advertising: “The SAR (Specific Absorption Rate) of cell 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 SAR allowed is 2 W/kg for the head and trunk and 4 W/kg for the limbs.
Article 3
The provisions of this decree shall come into force six months after its publication in the Official Journal of the French Republic.
Order of October 8, 2003 establishing technical specifications applicable to radio terminal equipment
modified by the order of November 15, 2019 relating to the display of the specific absorption rate of radio equipment and consumer information
Article 1
Radio terminal equipment may only be put into service and used if it complies with the technical specifications appended to the present decree.
Radio equipment with a transmission power greater than 20 mW and 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 only be put into service if it complies with the technical specifications annexed to this Order.
Order of October 8, 2003 relating to consumer information on radioelectric terminal equipment taken in application of article R. 20-10 of the French Post and Telecommunications Code.
modified by the order of November 15, 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 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 another part of the human body, is (are) shown legibly, intelligibly and visibly in the instructions for use of radio equipment put into service intended for use in France.
Article 2
Information in accordance with that mentioned in the appendix to the present decree appears, under a heading entitled Precautions for use of the device, 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.
Appendix
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 cell phones in certain situations (while driving) and locations (airplanes, hospitals, gas stations and professional garages).
Precautions to be taken by wearers of electronic implants (pacemakers, insulin pumps, neurostimulators …) concerning in particular the distance between the cell phone and the implant (15 centimeters) and the position of the phone, during the call, on the side opposite to 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 simply as a precautionary measure, as no danger linked to the use of a cell phone has been observed).
Recommendation of the use of the cell phone in good reception conditions, to reduce the amount of radiation received (especially in an underground parking lot, when travelling by train or car …).
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 belly for pregnant women or the lower belly 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 Compliance with usage restrictions specific to certain places (hospitals, airplanes, gas 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 centimeters in the case of the strongest sources of exposure such as cell phones).
B. – Information on the behaviors to adopt 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 speaker, if appropriate for the radio equipment. Make sensible use of radio equipment, such as cell phones, by children and adolescents, 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.
