Through its lawyer, attorney Lisa Arazi, the Phonegate Alert association has officially lodged a complaint with the general directorate of the French National Frequency Agency (ANFR), denouncing its serious failure to declare non-compliant cell phones and connected objects in the European ICSMS database, which is essential for protecting consumer health throughout the European Union.

A clear European obligation, reiterated by the European Commission

The European Commission recently recalled that the responsibility for informing about non-compliant phones and withdrawing them from the EU market lies with the Member States and their supervisory authorities, such as ANFR.

 ”Any measures taken by Member States concerning non-compliant products must be published in the ICSMS and, if the non-compliance presents a serious risk, in Safety Gate/RAPEX, which also enables consumers to be aware of the risks”, reminded European Commissioner Thierry Breton (2023).

Serious breaches of its European obligations by ANFR that expose consumers in the European Union

Since 2018, thanks to information obtained following our actions vis-à-vis ANFR, Phonegate Alert has identified 58 cell phone models and two connected objects with significant SAR (Specific Absorption Rate) exceedances, revealing major regulatory non-compliances following controls carried out by ANFR.

Consult the complete list on our website.

However, despite our repeated alerts to the Agency and the relevant supervisory ministries, it appears that:

  • Many cases of non-compliance have been reported late (up to 6 years late), or not at all, in the European ICSMS database (see table below).
  • Some reporting dates are inconsistent, calling into question the reliability of the data transmitted within ICSMS.
  • Several recent models, including some pinpointed in 2024 and 2025 (see models below), are still not included in the database, even though European legislation requires rapid and exhaustive information for authorities and consumers in the European Union.

ICSMS and ANFR declaration: Unacceptable delays in declaration

For Jean-Paul Huard, secretary of the NGO:

“Our analysis shows that, for 34 of the 58 non-compliant phones, ANFR’s publication of SAR measurements in the ICSMS is seriously flawed. Before 2020, no declaration had been made to the European Commission or other Member States, in contradiction with European obligations. It was not until 2023 that ANFR began registering certain models in the ICSMS database. Such repeated breaches of reporting obligations by ANFR, and therefore by the French government, are unacceptable!”

Determined action by our NGO on behalf of European public health

Faced with this situation, Phonegate Alert is asking ANFR to:

  • Immediately correct the shortcomings noted in the declaration of non-compliant devices, and systematically declare all non-compliances noted within the ICSMS
  • Implement an action plan to guarantee consumer safety and information at European Union level.
  • Compensate for the moral and financial prejudice suffered by our NGO

If ANFR does not react within two months, the association reserves the right to take legal action before the competent court.

Table showing an initial list of 22 cell phones with delays of up to 6 years between the date of identification of the non-compliance by the ANFR and the date of publication in ICSMS.

 

Model Date of identification of a non-conformity after ANFR measurement ICSMS publication date Delay (in years)
Archos ACCESS 50 AC50AS4G 16/10/2018

 

30/8/2023

 

4.9
Echo Star Plus 29/5/2018

 

10/8/2023

 

5.2
EssentielB Heyou 40 /

5007U

14/4/2021

 

10/8/2023

 

2.3
EssentielB Heyou 60 /

5029D

8/2/2021

 

10/8/2023

 

2.5
Essentiel Clap 20+ 30/3/2023

 

22/6/2023

 

0.25
Gigaset GX290

 

30/3/2022

 

10/8/2023

 

1.3
Hisense FAITH F23

 

27/4/2018

 

18/8/2023

 

5.31
Hisense infinity H30 /

HLTE315E

5/5/2022

 

11/8/2023

 

1.3
Logicom Le Pulse

 

 

12/12/2022

 

22/8/2023 0.6
Logicom Le Swipe

 

31/1/2023

 

22/6/2023 0.38
LOGICOM M BOT 60

 

16/11/2018

 

11/8/2023 4.7
Motorola Edge

 

16/3/2023

 

22/6/2023 0.26
RealMe 7i / RMX2193

 

11/10/2021

 

11/8/2023 1.83
Samsung Galaxy Note

10 Plus

18/4/2022

 

11/8/2023 1.31
Samsung Galaxy Z Flip

 

13/9/2022

 

22/8/2023 0.9
Wiko Tommy 2

Bouygues Telecom

 

2/4/2018

 

11/8/2023 5.3
Wiko View

 

3/9/2018

 

21/8/2023 4.96
Wiko Y82 W-K630

 

26/8/2022

 

28/8/2023 1
Xiaomi Mi Mix 2S

M1803D5XA

11/12/2018

 

28/8/2023 4.71
Xiaomi Poco X3

 

15/6/2022

 

22/6/2023 1
Xiaomi Redmi Note 5

 

11/12/2018

 

 

29/8/2023

 

4.71
Xiaomi Redmi Note 9

Pro M1803D5XA

 

28/3/2022

 

25/8/2023 1.41

 

Additional list of 12 smartphones not yet included in the ICSMS database

  • IPHONE 12
  • EMPORIA SIMPLICITY V 27
  • HUAWEI HONOR 8
  • LEEGOO S 8
  • ORANGE HAPI 30 (Mobiwire)

The most recent of which were identified as non-compliant in 2024 and 2025:

  • NOKIA 110
  • OUKITEL WP 28
  • ULEFONE NOTE 10 PRO
  • DORO 8100 PLUS
  • DOOGEE S 100 PRO
  • OSCAL C 80
  • DOOGEE N 50