On 8 December 2019, Decree n° 2019-1300 of 6 December 2019 and the Order of December 6, 2019 setting the list of devices provided for in Article L.34-11 of the Post and Electronic Communications Code entered into force and henceforth complement Law n° 2019-810 of August 2019 which seeks to address national security risk associated with 5G telecommunications networks. The Decree and the Order set out details of the new framework establishing the requirement that the Prime Minister approve 5G telecommunications technology in France. In assessing the risk, the Prime Minister should, among others, take into account if the operator is "under the control or subject to acts of interference by a non-Member State of the European Union".
"Article L34-11
Creation of LAW n ° 2019-810 of August 1, 2019 - art. 1
I.- Is subject to an authorization from the Prime Minister, in order to preserve the interests of defense and national security, the operation on the national territory of the devices, namely all hardware or software devices, allowing to connect the end-user terminals to the mobile radio network, with the exception of fourth generation networks and previous generations, which, by their functions, present a risk to the permanence, integrity, security, availability of the network, or to confidentiality of messages transmitted and information related to communications, excluding devices installed at end-users or dedicated exclusively to an independent network,passive or non-configurable electronic devices and non-specialized computer hardware devices incorporated into the devices.
The authorization mentioned in the first paragraph of this I is only required for the operation, directly or through third party suppliers, of devices by the operators mentioned in Article L. 1332-1 of the Code of defense, so designated by virtue of their activity as operator of an electronic communications network open to the public.
The list of devices whose operation is subject to the authorization mentioned in the first paragraph of this I is fixed by decree of the Prime Minister, taken after advice from the regulatory authority for electronic communications and posts.
II.-The operating authorization of a device can be granted after examination of an authorization request file submitted by the operator. The file specifies the models and versions of the devices for which authorization is requested.
[...]
Article L34-12
Creation of LAW n ° 2019-810 of August 1, 2019 - art. 1
The Prime Minister refuses the granting of the authorization provided for in Article L. 34-11 if he considers that there is a serious risk of attacking the interests of defense and national security resulting from the lack of guarantees. compliance with the rules mentioned in a, b, e, f and f bis of I of Article L. 33-1 relating to the permanence, integrity, security, availability of the network, or confidentiality of messages transmitted and information related to communications. Its decision is justified except when the communication of the reasons could be of such a nature as to infringe one of the secrets or interests protected by the provisions of a to f of 2 ° of article L. 311-5 of the code of relations between the public and the administration.
The Prime Minister takes into consideration, for the assessment of this risk, the level of security of the devices, their deployment and operating methods envisaged by the operator and the fact that the operator or its service providers, including by sub -treatment, is under the control or subject to acts of interference by a State which is not a member of the European Union.[...]" (Postal and Electronic Communications Code, last amended by Law n°2021-998 of 30 July 2021, Articles L34-11 and L34-12 [google translation])
Postal and Electronic Communications Code, last amended by Law n°2021-998 of 30 July 2021, Articles L34-11 and L34-12
[<a href="https://www.legifrance.gouv.fr/codes/texte_lc/LEGITEXT000006070987/2021-08-11">Code</a>],[<a href="https://www.legifrance.gouv.fr/loda/id/JORFTEXT000039455649/#:~:text=Dans%20les%20r%C3%A9sum%C3%A9s-,D%C3%A9cret%20n%C2%B0%202019%2D1300%20du%206%20d%C3%A9cembre%202019%20relatif,postes%20et%20des%20communications%20%C3%A9lectroniques">Decree</a>],[<a href="https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000039455672">Order</a>]