Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
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