The Belgian authorities submitted a draft decree amending the Plant Decree to the European authorities. This article describes this European evaluation procedure and summarizes the most important amendments to the Belgian decree that may become applicable after approval.
TRIS procedure
To prevent Member States’ legal decisions from leading to trade barriers on the European market, Member States are required to notify the European Commission in advance in accordance with Directive (EU) 2015/1535 [1]. These notifications are available in the TRIS database (Technical Regulations Information System) [2].
On the date of notification of the draft, a three-month standstill period begins during which the notifying Member State cannot publish the decision in question and which allows the Commission, the other Member States, and stakeholders to examine the draft text and respond appropriately. This can include comments or clarifying questions, and a detailed opinion. If it appears that the notified draft text may constitute a barrier to the free movement of goods, the Commission and the other Member States can submit a detailed opinion. This detailed opinion extends the standstill period by a further three months. The Member State must then explain what steps it will take in response to the detailed opinion.
The Commission can also block a draft text for 12 to 18 months if harmonization work is underway at EU level in that area.
At the end of the procedure, the Member States must inform the Commission of the final texts as soon as they have been adopted or when the notified draft text has been withdrawn, so that the procedure can be closed. This allows the Commission and other Member States to verify whether the Member State has taken into account the responses received during the procedure.
Belgian draft decree
The Belgian draft decree (2025/0342/BE) aims to make the following adjustments [3].
- List 1
Several plants are added to the list of plants that may not be used in food (List 1) and some conditions that exceptionally allow their use are amended; For example:
- Addition of kratom (Mitragyna speciosa Korth.).
- For Cannabis sativa L., for each batch of hemp seed or hemp oil, it must be demonstrated that the delta-9-tetrahydrocannabinol (Δ9-THC) equivalent content complies with the maximum values in the European Regulation for contaminants. For hemp seed and ground hemp seed, (partially) defatted hemp seed and other processed hemp seed products, this is 3.0 mg/kg, and for hemp seed oil, this is 7.5 mg/kg Δ9-THC equivalents [4].
- Addition of kratom (Mitragyna speciosa Korth.).
- List 2
Several mushrooms have been added to the list of edible mushrooms (List 2). For example: Himematsutake (Agaricus blazei Murrill), Emperor’s Amanita (Amanita caesarea (Scop.) Pers.), Pine Boletus (Boletus pinophilus Pilát & Dermek), Grey Chanterelle (Cantharellus cinereus Pers.), and Pale Truffle (Tuber borchii Vittad.). - List 3
In the list of plants permitted for use in food supplements (List 3), several plants have been added and many conditions have been amended. For example:
- The addition of ashitaba (Angelica keiskei (Miq.) Koidz.) and pili nuts (Canarium ovatum Engl.) due to their authorization under the Novel Food Regulation, and Tabasco pepper (Capsicum frutescens L.).
- The existing maximum levels for many plants have been amended to specify that the restriction applies to the finished product, regardless of the source. For example, for sweet flag (Acorus calamus L.): “The recommended daily amount of the finished product, regardless of the source, may not lead to a beta-asarone intake exceeding 115 µg. The labeling must include the following warning: Do not use during pregnancy or breastfeeding.”
- For green tea (Camellia sinensis L. Kuntze), the requirements have been amended based on Regulation (EC) No. 1925/2006, and a maximum of 300 mg epigallocatechin-3-gallate (EGCG) now applies.
- For turmeric species, in addition to the warning “Consult your doctor or pharmacist if you are taking anticoagulants at the same time,” the warning “Do not use if you have bile problems” is also mandatory.
- For anthranoid-containing plant species such as Cassia, Frangula, and Rheum, and estragole-containing plants (dill, basil, and anise), a warning is required not to use for more than 14 days without expert advice.
- For dill (Anethum graveolens L.) and anise (Pimpinella anisum L.), a maximum estragole level of 0.05 mg/kg body weight is also proposed for children under 12 years of age; as is already the case for basil.
The draft decision provides for a two-year transition period during which operators can adapt their food products and labeling.
All stakeholders can submit comments until October 2, 2025.
1. https://eur-lex.europa.eu/legal-content/NL/TXT/HTML/?uri=CELEX:32015L1535.
2. https://technical-regulation-information-system.ec.europa.eu/nl/search
3. https://technical-regulation-information-system.ec.europa.eu/en/notification/27038
4. https://eur-lex.europa.eu/legal-content/NL/TXT/HTML/?uri=CELEX:02023R0915-20250701
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