Scientific Committee on Emerging and Newly Identified Health Risks

Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR)

Request for a scientific opinion: Biological effects of ultraviolet radiation relevant to health with particular reference to sunbeds for cosmetic purposes

1. Background

In recent years, the Commission became aware of growing concerns expressed by various medical and scientific experts who have concluded that persons using sunbeds frequently have a higher risk to develop skin cancer and other skin-related diseases. In our mission to protect the health and safety of users of such devices, we would like to have a better understanding of risks associated with UV radiation in general and with sunbeds in particular.

A. Scientific Background

The fourth edition of the European Code against Cancer^[1], resulting from a project co-financed by the European Union and coordinated by the International Agency for Research on Cancer which is a specialized cancer agency of the World Health Organization, was recently presented to the public. The code informs people about actions they can take to reduce the risk of cancer. One of the twelve recommendations of the revised Code relates to UV radiation and clearly suggests not using sunbeds at all. This recommendation is based on evidence from epidemiological studies, established causal mechanisms, the increasing skin cancer burden in the mostly fair-skinned European populations, and the modifiability of the risk factor by individual action, acknowledging also the beneficial effects of sunlight such as vitamin D production. Further detailed information is presented in the Scientific Justification which underpins The European Code against Cancer (to be disclosed to the general public by the end of 2014).

B. Legal & Enforcement Background

The health and safety hazards associated with the use of sunbeds are determined by two key elements: a) the safety the sunbed itself (and its compliance with existing applicable legislation and manufacturing standards), and b) the way in which the product is used (or misused) by the consumer – this depends greatly on the knowledge of the consumer and on the information and advice given to the user by the tanning service operator.

At EU level, a legal framework exists that aims at minimising the risks posed by sunbeds themselves, e.g. as regards the intensity of the UV radiation emitted. The placing on the market of sunbeds is regulated by Directive 2006/95/EC^[2] on electrical equipment designed for use in certain voltage limits. This is a total harmonisation Directive, falling under the responsibility of Directorate General for Enterprise and Industry and covering (in principle) all risks related to the health and safety of the user, not just the electrical safety component. Directive 2001/95/EC^[3] on General Product Safety also applies as it requires that products intended for consumers or likely to be used by them, including in the context of a service, must be safe (throughout the lifetime of the product).  Member States authorities responsible for the enforcement of these two Directives have the obligation to carry out controls to ensure compliance by relevant economic operators.

The relevant European standard EN 60335-2-27:2010^[4], which is a harmonised standard under Directive 2006/95/EC, takes into account the recommendations of the 2006 opinion of the Scientific Committee for Consumer Products on biological effects of ultraviolet radiation relevant to health with particular reference to sunbeds for cosmetic purposes^[5].

In recent years some Member States have adopted national legislation regulating the tanning services (including for example a minimum age set at 18 years, the need for proper health and safety information, stricter hygiene conditions, the need for properly trained staff, etc.). These measures, when properly enforced, can ensure that tanning studios act more responsibly and that there is a better level of protection of consumers who choose to use these devices.

While all these steps have improved the legal clarity, facilitating both better consumer information and protection as well as better and easier compliance by the industry, enforcement information from the Member States confirms that there are still way too many dangerous products on the market which endanger the health and safety of the users. Results of a joint enforcement action on sunbeds organised between 2010 and 2012 between twelve Member States and financed via a grant from DG Health and Consumers show that about 60% of over 1000 products inspected emit a higher UV radiation than the limit set by the European standard. These alarming radiation levels lead to an increased risk for the users to develop skin diseases, including cancer.