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G/TBT/N/FRA/169
30 November 2016
(16-6582)
Page: 1/2
Committee on Technical Barriers to Trade
Original: French
NOTIFICATION
The following notification is being circulated in accordance with Article 10.6.
1.
Notifying Member: FRANCE
If applicable, name of local government involved (Articles 3.2 and 7.2):
2.
Agency responsible:
Direction générale des entreprises - SQUALPI
Bât. Sieyès -Teledoc 151
61, Bd Vincent Auriol
75703 PARIS Cedex 13
Email: [email protected]
Tel.: 01 44 97 24 55
Name and address (including telephone and fax numbers, email and website
addresses, if available) of agency or authority designated to handle comments
regarding the notification shall be indicated if different from above:
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): Cotton buds
for domestic use that have a plastic stem, other than the devices for medical use defined
in Articles L.5211-1 and L.5221-1 of the Public Health Code.
5.
Title, number of pages and language(s) of the notified document: Décret relatif à
l'interdiction de la mise sur le marché des bâtonnets ouatés à usage domestique dont la
tige est en plastique, prévue au 2ème alinéa du III de l'article L. 541-10-5 du code de
l'environnement (Decree prohibiting the placing on the market of cotton buds for domestic
use that have a plastic stem, in accordance with the second paragraph of point III of
Article L.541-10-5 of the Environmental Code) (4 pages, in Spanish)
6.
Description of content: This Decree defines the conditions for the implementation of the
legislative provisions of the Environmental Code that seek to prohibit, from 1 January
2020, the placing on the market of cotton buds for domestic use that have a plastic stem,
with the exception of the devices defined in Articles L.5211-1 and L.5221-1 of the Public
Health Code. In this context, it sets out the implementation procedures for the second
paragraph of point III of Article L.541-10-5 of the Environmental Code and, in particular,
the definitions and characteristics of these cotton buds.
An Order of the Minister for the Environment will subsequently define the composition of
the stem of the cotton buds to which the prohibition applies, as well as applicable
biodegradability conditions.
G/TBT/N/FRA/169
-27.
Objective and rationale, including the nature of urgent problems where
applicable: This regulatory provision is issued pursuant to a legislative provision aimed at
reducing the production of plastic marine litter and therefore contributes to achieving the
good environmental status of marine waters to which France is committed under its
international and European obligations (Marine Strategy Framework Directive (MSFD) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008).
Marine litter is one of the 11 descriptors for determining the good environmental status of
marine waters defined in the MSFD.
Furthermore, litter on beaches is a common indicator for monitoring the quality of the
marine environment in the context of the OSPAR Convention (for the protection of the
north-east Atlantic). The plastic stems of cotton buds are among the 10 litter items most
commonly found on beaches (source: beach cleaning associations), as they are not
stopped by water treatment plants. These stems therefore constitute a source of pollution
against which France wishes to fight in order to achieve the objective of good
environmental status of marine waters by 2020. The draft regulation is therefore
necessary.
Moreover, such pollution on beaches results in significant additional cleaning and
maintenance costs. It also has a strong impact on tourism. Lastly, the impacts are both
ecological and environmental, since ingestion of such waste can have adverse effects on
the physical condition of marine animals, or even cause their death. Alternatives to plastic
stems do, however, exist (paper stems, for example) and would have a lesser impact on
marine ecosystems due to their biodegradability. Prohibiting plastic cotton bud stems
would also encourage innovation and would have a very low impact on company
production costs. These costs would be passed on to households, but to an acceptable
degree, since the cost of these products is relatively low. The draft regulation is therefore
also proportionate.
This measure would apply in France to all parties placing cotton buds on the market
(producers, distributors, etc.), across the board. It is therefore non-discriminatory.
8.
Relevant documents: Article 124 of Act No. 2016-1087 of 8 August 2016 on the
restoration of biodiversity, nature and the countryside, amending Article L.541-10-5 of the
Environmental Code.
9.
Proposed date of adoption: To be determined following notification to the European
Commission.
Proposed date of entry into force: 1 January 2020
10.
Final date for comments: 60 days from the date of circulation.
11.
Texts available from: National enquiry point [ ] or address, telephone and fax
numbers and email and website addresses, if available, of other body:
Ministère de l'environnement, de l'énergie et de la mer (MEEM)
Direction générale du logement, de l'aménagement et de la nature (DGALN)
Direction de l'eau et de la biodiversité (DEB)
Sous-direction du littoral et des milieux marins/bureau LM3
92055 La Défense Cedex
France
Emilie Pleyber-Le Foll (Chief)
Email: [email protected]
Tel.: 01 40 81 67 57
Arthur de Cambiaire (Deputy Chief)
Email: [email protected]
Tel.: 01 40 81 32 10
https://members.wto.org/crnattachments/2016/TBT/FRA/16_4916_00_f.pdf