1. Sunbed regulation in Belgium
Step by step towards a ban
Brigitte Boonen, President Euroskin

2. Agenda Status in Belgium
Milestones of interventions to reduce Skin Cancer
Milestones of Legal actions against sunbeds
Sunbed regulations in Belgium: what are the legislative options?
Where are we now?

3. Brigitta Boonen, Belgian Cancer Foundation
Sunbeds in Belgium
14% users at least once), 7% regular users
decline 14% in 2011 to 7% in 2017
Since 2016 sunbeds need to be registered: 1154 enterprises met units.
02/11/2019
Brigitta Boonen, Belgian Cancer Foundation

4. Policy instruments Incentives /support/design
- rearranges choices by cost / reward
Regulation/ Rules / Enforce
-limits choices
Nudging
- maintains choices but makes ‘good’ choice easier
Information/raise awareness/remind
- maintains choices

5. Brigitta Boonen, Belgian Cancer Foundation
Campaigns in Belgium
2012, 2014
turbo 3000 campaign
2015 prosecuted by industry
unfair, untruthful and unlikely
2013, 2014
What is your UV score campaign
2016 , 2017
What risk are you prepared to take campaign
2018
The voice guide campaign
02/11/2019
Brigitta Boonen, Belgian Cancer Foundation

6. Belgium milestones of legal & actions

7. Skin Cancer Alliance Belgium
22 organizations signed a charter to to take action for the reduction of skin cancer
Consists of cancer leagues, Euromelanoma, prevention organizations, health payers, consumer organizations, associations of physicians and pharmacists, government organizations
Exchange information and update knowledge
Align prevention messages
Keep each other informed on actions & campaigns
Advocacy on sunbeds

8. Main Sunbeds rules Belgium before 2016
Access to tanning beds is refused to consumers who:
use medications that enhance the sensitivity to uv radiation
are under 18 years of age
have a skin type I
have had skin cancer.
The radiation from a tanning bed may not exceed a maximum radiation intensity of 0.3 W/m2
02/11/2019
Brigitta Boonen, Belgian Cancer Foundation

9. New Sunbeds rules Belgium from 2016
From March 2017, every establishment (Sun Center) should have a registration in the crossroads bank for enterprises (CBE)
No communications shall refer to the benefits or beneficial effects of the use of a tanning bed
The warning "USE of TANNING BEDS CAN CAUSE SKIN CANCER" should be included in any communication;
02/11/2019
Brigitta Boonen, Belgian Cancer Foundation

10. New Sunbeds rules Belgium from jan 2019
All customers you need to submit a medical certificate that confirms their skin type, except if the Sun Centre owns a device that can determine the sensitivity of the skin.
Only after receipt of this medical certificate the receptionist will issue to the customer a personal identification, with which he/she gains access to the Center and can make use of the sun beds.
There will be no distinction between automated and non-automated Sun centers: they should all be automated. All operators have to invest in a new system that automatically control the solariums in/outside.
02/11/2019
Brigitta Boonen, Belgian Cancer Foundation

11. Economic impact of sunbed Ban

12. EVOLUTION OF SUNBED TANNING & Public support
The frequency to tan declines
15% got rid of their own sunbed
Public support for a sunbed ban increased from 39% to 58%

13. BAN SUNBEDS /BAN TANNING CENTERS
ACTION
OBJECTIVE
SUCCES RATE
BAN ON ALL SUNBEDS
Convince Ministry to launch EU initiative for a ban
LOW
BAN ON TANNING CENTERS
Convince ministry to adopt a royal decree to all tanning centers
UNCERTAIN
MEDICAL CERTIFICATE BEFORE TANNING
Royal decree for requirement of medical certificate
Raise awareness amongst MD
HIGH

14. LEGAL ACTION AGAINST THE STATE
WHO/WHAT?
OBJECTIVE
SUCCES RATE
Civil Liability Action
Person with illness from exposure to artificial UV
Obtain damages and interest
LOW (evidence)
Action for an order to cease trading
Insurance or consumer organization to take action
Obtain order to cease operations
Reasonable
Action for an order to cease trading to protect the environment
In theory, not an option
Collective reparation action
Cancer league to identify vicimd to represent
Administrative restriction measures
Ministry to take restrictions mesures
Get breaching centers to comply
UNCERTAIN
Criminal action
Obtain criminal conviction and damages and interest
REASONABLE

15. LEGAL ACTION AGAINST TANNING CENTERS
OBJECTIVE
SUCCES RATE
LIABILITY ACTION against legislative/executive authorities for failing to ban tanning beds
Symbolic conviction
Media attention
Put pressure on the state to ban
LOW
Liability action against executive authorities for the lack of effective measures and penalties applied against operators of tanning beds
Put pressure on the state to adopt regulations or impose penalties
UNCERTAIN but not negligible

16. Important difference between banning sunbeds (product) and banning Tanning centers (service) One country cannot unilaterally decide to ban sunbeds (Private or public) -> competency of European Institutions Ban or restriction of tanning centers is legally (theoretical) possible Lobbying of authorities Action against Belgian State Ban of exploitation tanning centers Action against individual tanning centers Take into account timing political context -> Elections Europe & Belgium 2019 We need to put pressure trough LVD reps and MEP’s Not recommended to change status of SB to medical device to other directive

17. Conclusions - Discussion
Belgian state is clearly stepping up inspection
Important difference between banning sunbeds (product) and banning tanning centers (service)
Small step strategy or all-in strategy
Lobby campaign
Civil liability action against state
Legal action against clearly identified sunbed centers
One country cannot unilaterally decide to ban sunbeds (Private or public) -> competency of European Institutions or Norway?
Timing ? Take into account timing political context -> Elections Europe & Belgium 2019
Effect on private sunbeds?
2/11/2019

18. 5th international UV and skin cancer prevention conference
WHEN? 5-8 May 2020
WHERE? Belgium, City of MECHELEN
WHO? PLANNING COMMITTEE : EUROSKIN & Partners (ECL- WHO- DANISH CANCER LEAGUE- BFS- ADF)
WHAT? 1 Day of workshops, 2,5 day of conferences
SURVEY to complete

19. THANK YOU! go raibh maith agaibh
thenks