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The French standardisation system: players and operation

Table of contents

The French standardisation system is based on a structured organisation combining private and public players. Understanding it is essential for companies faced with the application of standards. This system defines how the technical rules governing many sectors of activity are drawn up, approved and disseminated.

AFNOR: a pillar of the system

The Association française de normalisation (AFNOR) is the central element of the French standardisation system. Its mixed legal status gives it a unique position.

Legal status and missions

AFNOR is a private association governed by the law of 1901. Founded in 1926, it has been recognised as being in the public interest. This status gives it extensive legal capacity, particularly in terms of acquiring and disposing of property or acquiring stakes in commercial companies.

Its private legal nature is accompanied by a mission of general interest explicitly recognised by decree no. 2009-697 of 16 June 2009. Article 5 of this decree states that "the Association française de normalisation guides and coordinates the development of national standards and participation in the development of European and international standards".

This association represents France in international and European standardisation organisations. It is a member of the International Organization for Standardization (ISO) and the European Committee for Standardization (CEN). This dual role - national and international - reinforces its strategic importance.

Skills and prerogatives

AFNOR has precise prerogatives defined by the regulations. Article 6 of the 2009 decree gives it three fundamental missions.

Firstly, it is responsible for programming standardisation work. This involves identifying needs, selecting work requiring French participation, and carrying out economic impact studies.

Secondly, it organises public enquiries into draft standards. These enquiries allow interested parties to comment on the drafts before they are finally adopted.

Thirdly, it approves and publishes standards. This prerogative gives it the role of "official certifier" of French standards.

AFNOR may also draw up standards directly under certain conditions. Article 12 of the decree provides for this possibility "when there is no approved sectoral standards office for the field concerned".

Organisation and subsidiaries

The AFNOR Group has a complex structure that goes beyond the simple initial association. AFNOR controls several commercial companies via its holding company AFNOR Développement.

AFNOR Certification is the best-known subsidiary. It issues the NF mark and other certifications. This company, which is 100% owned by AFNOR, carries out a commercial activity separate from the general interest mission of the parent association.

Other subsidiaries complete the structure, such as AFNOR Compétences (training) and AFNOR International (international development). This group organisation makes it possible to separate public service activities from those of a commercial nature.

AFNOR's governance is organised around a board of directors representing the various stakeholders. The government commissioner (interministerial delegate for standards) sits on the board with the right to object to certain deliberations.

For more details on the application of the standards, see our article on voluntary and mandatory application of standards in french law.

Sector-specific standards bodies

The sectoral standards offices form the second pillar of the French system. They are responsible for the actual drafting of standards in their areas of expertise.

Role in standards development

The 2009 decree explicitly recognises the central role of the standards offices. Article 11 states that "draft standards are drawn up, by delegation from the Association française de normalisation, by the approved sector-specific standards offices".

These offices draw up draft standards in their specific sector. They bring together technical experts, organise discussions, draw up drafts and submit them to AFNOR for approval.

This decentralised system ensures that the realities of each sector are better taken into account. Each office has specialised technical expertise in its field. This organisation makes it easier to adapt standards to the specific needs of different economic sectors.

There are currently around twenty approved bodies covering the main industrial and service sectors. These include the Bureau de Normalisation de l'Automobile (BNA), the Bureau de Normalisation de l'Acier (BN Acier) and the Bureau de Normalisation du Gaz (BNG).

Approval procedure and delegation

Standards bodies must obtain ministerial approval to carry out their work. Article 11 of the decree specifies that this approval is issued by the Minister for Industry, after obtaining the opinion of the Interministerial Delegate for Standards.

Decree no. 2021-1473 of 10 November 2021 increased the maximum duration of approval from three years to four years. This change is intended to reduce the administrative burden on standards bodies.

Approval may be suspended or withdrawn if the bureau fails to meet its obligations. An adversarial procedure must then be followed, allowing the bureau to present its observations.

In addition to ministerial approval, each office must obtain a "delegation of mission" from AFNOR. This delegation is the subject of an agreement approved by the interministerial standards delegate. In particular, it specifies the conditions under which AFNOR is remunerated for its participation in the process.

Relations with AFNOR

The relationship between AFNOR and the standards offices is a delicate balance between autonomy and coordination.

The Bureaux have technical autonomy in drawing up draft standards. They set up "standardisation committees" bringing together interested parties and organise their work according to their own procedures.

However, AFNOR retains a coordinating and supervisory role. It checks that the work is consistent with the national standardisation strategy and ensures that the fundamental principles (transparency, impartiality, consensus) are respected.

The financing of standardisation work illustrates this complex relationship. Article 14 of the decree stipulates that members of standards committees may be required to contribute to the costs of developing standards. However, certain categories (consumer associations, SMEs, etc.) are exempt from this requirement.

These organisational aspects have practical implications for the companies involved in standardisation. To understand the practical consequences, read our article on legal liability linked to technical standards.

The public authorities involved

The French State retains a significant role in the French standardisation system, mainly through two specific structures.

The Interministerial Delegate for Standards

The Interministerial Standards Delegate is the central figure in government intervention in standardisation. Appointed by decree, he performs his duties under the authority of the Minister for Industry.

Its remit is defined in article 3 of the 2009 decree. He "is responsible for defining and implementing French standards policy". By delegation, he may sign all acts relating to this policy, with the exception of decrees.

The delegate acts as "government commissioner" for AFNOR. In this capacity, he may object to the deliberations of the Board of Directors within a period of eight working days. This right of objection applies if the deliberations contravene legislative or regulatory provisions, the guidelines of French standards policy, or compromise the exercise of AFNOR's general interest mission.

It is also involved in the approval of standards. Article 16 of the decree stipulates that AFNOR must consult the delegate prior to any approval. The delegate may object, particularly if the standard runs counter to the guidelines of French standardisation policy.

The Interministerial Standards Group

The interministerial standards group completes the state control system. Its composition and remit are set out in article 4 of the 2009 decree.

This group brings together the "ministerial standards officers" appointed by order of the Minister for Industry. Each ministry involved in standardisation is represented by a manager who coordinates the monitoring of work in his or her department.

Chaired by the Interministerial Delegate for Standards, this group proposes guidelines for French standards policy to the Minister. It may also be consulted on any issue relating to standards and standardisation.

This structure enables interministerial coordination on standardisation issues. It ensures the consistency of the French position, particularly in international and European bodies.

The departmental standards officers check that draft standards are consistent with the regulatory objectives in their sector. They can also draw attention to any contradictions between standards in preparation and existing regulations.

To understand the implications of this system for product certification, read our article on product certification and marking.

Standards development and certification

The process of developing and approving standards follows precise rules that guarantee their technical and legal legitimacy.

Development process

The development of a French standard follows a structured path in several stages, from initiative to final adoption.

The initiative may come from various sources: professionals, public authorities, consumer associations, etc. A formal request is sent to AFNOR or the relevant sectoral standards office.

The standards committee is the central technical body. It brings together all interested parties: manufacturers, users, laboratories and government departments. Article 12 of the 2009 decree stipulates that these committees are open to all interested parties wishing to participate in the development process.

The principle of consensus guides the work of the committees. This does not necessarily mean unanimity, but the absence of firm opposition from a significant proportion of the interests involved. This internationally recognised principle distinguishes the drafting of standards from the traditional legislative process.

This process is governed by a number of fundamental principles: transparency (accessibility of projects), openness (participation of all interested parties), impartiality (no favouritism towards particular interests) and efficiency (standards based on fitness for purpose).

Once the project has been validated by the commission, it enters the public enquiry phase, which is a prerequisite for approval.

Certification procedure

Approval transforms a draft standard into an official French standard. This procedure is strictly regulated by the 2009 decree.

The public enquiry is a mandatory stage. Article 15 of the decree states that it "consists of making the draft standard available free of charge on the website of the Association française de normalisation for a period of not less than fifteen days".

All interested parties must be given the opportunity to comment. Sufficient publicity" must precede the enquiry to inform potential interested parties.

After the public enquiry, AFNOR consults the Interministerial Standards Delegate. The latter has a period of one month in which to object to the proposed approval. This objection may be based on the fact that the standard does not comply with French standards policy guidelines or that there is no French version of the standard.

If there are no objections, approval is granted by the Director General of AFNOR, by delegation of the Board of Directors. The standard then bears the reference NF (Norme Française), followed by an identification number.

Decree no. 2021-1473 of 10 November 2021 abolished systematic consultation of the delegate during approval, while maintaining the delegate's right to object. The aim of this change is to speed up the publication of standards.

Dissemination and access to standards

The dissemination of standards raises important legal issues, particularly concerning their accessibility to the public.

Publication of an approved standard is the subject of a notice in the Official Journal. This notice simply states that the standard exists, without detailing its content.

For voluntary standards (the vast majority), access to the full text is subject to a charge. AFNOR markets the standards, which are considered to be works protected by copyright. This situation is sometimes criticised as contrary to the accessibility of the law.

Standards made mandatory by ministerial decree benefit from a more favourable regime. Article 17 of the 2009 decree provides for them to be consulted free of charge on the AFNOR website. The 2021 decree has extended this accessibility by adding the right to download and print free of charge.

Accessibility is a particularly important issue for businesses, which need to identify the standards applicable to their activity. Our team ofstandardisation lawyers can help you through this complex process.

The French system is part of a wider architecture that includes the European and international levels. For a full overview of these issues, see our essential legal guide to standardisation under french law.

Understanding the French standardisation system is a strategic issue for businesses. Our firm can help you navigate this complex framework and make the most of it for your business. Contact us for personalised support tailored to your specific situation.

Sources

  • Decree no. 2009-697 of 16 June 2009 on standardisation
  • Decree no. 2021-1473 of 10 November 2021 amending decree no. 2009-697
  • Consumer Code, articles L. 115-27 et seq.

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