Message 001
Communication from the Commission - TRIS/(2026) 1952
Directive (EU) 2015/1535
Notification: 2026/0381/FR
Notification of a draft text from a Member State
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Does not open the delays - N'ouvre pas de délai - Kein Fristbeginn - Не се предвижда период на прекъсване - Nezahajuje prodlení - Fristerne indledes ikke - Καμμία έναρξη προθεσμίας - No abre el plazo - Viivituste perioodi ei avata - Määräaika ei ala tästä - Ne otvara razdoblje kašnjenja - Nem nyitja meg a késéseket - Non fa decorrere la mora - Atidėjimai nepradedami - Atlikšanas laikposms nesākas - Ma jiftaħx il-perijodi ta’ dewmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Nu deschide perioadele de stagnare - Nezačína oneskorenia - Ne uvaja zamud - Inleder ingen frist - Ní osclaíonn sé na moilleanna
MSG: 20261952.EN
1. MSG 001 IND 2026 0381 FR EN 16-07-2026 FR NOTIF
2. France
3A. Ministères économiques et financiers
Direction générale des entreprises
SQUALPI
Bât. Sieyès -Teledoc 151
61, Bd Vincent Auriol
75703 PARIS Cedex 13
d9834.france@finances.gouv.fr
3B. Ministère de l'agriculture, de l'agroalimentaire et de la souveraineté agroalimentaire
Direction générale de l'alimentation
Service des actions sanitaires
Sous-Direction de la sécurité sanitaire de l’alimentation
Bureau des Etablissements et des produits des industries alimentaires spécialisées
251 Rue de Vaugirard
75732 PARIS Cedex 15
4. 2026/0381/FR - C00A - AGRICULTURE, FISHING AND FOODSTUFFS
5. Draft Order amending the Order of 19 October 2006 on the use of processing aids in the manufacture of certain foodstuffs.
6. Processing aids for foodstuffs
7.
8. This Order amends the Order of 19 October 2006 on the use of processing aids in the manufacture of certain foodstuffs.
It removes all references to the Order of 2 October 1997 on additives that may be used in the manufacture of foodstuffs intended for human consumption, as that instrument is now obsolete and has been replaced by Regulation (EC) No 1333/2008 on food additives.
It inserts a paragraph concerning enzymes identified as ‘derived from Bacillus licheniformis’, specifying that the producing strain must be unambiguously shown to belong to the species Bacillus licheniformis, in order to ensure that it is not a strain of Bacillus paralicheniformis, which produces bacitracin.
It adds to Annexes I A, I C and I D of the said order those processing aids which have received a favourable opinion from ANSES or which have been authorised by Denmark (enzymes) and Spain (one ‘substance’ processing aid: calcium hypochlorite) in accordance with the principle of mutual recognition.
It updates Annex I B, which lists authorised processing aids, subject to the submission, within 18 months, of the necessary documentation for their assessment (processing aids that may result in the presence of MOAH and MOSH in the final foodstuffs).
As this is a consolidated version of the order, all additions in the annex are shown in bold.
The previous notification had the number 2022/0809/F.
9. The Order of 19 October 2006 on the use of processing aids in the manufacture of certain foodstuffs, adopted pursuant to Decree No 2011-509 of 10 May 2011 laying down the conditions of authorisation and use of processing aids which may be used in the manufacture of foodstuffs intended for human consumption, regulates proportionately the use of processing aids in foodstuffs at French level, in particular in areas not harmonised at European level.
The main purpose of this update is to include substances authorised following a favourable evaluation by ANSES or authorised by Denmark and Spain in application of the principle of mutual recognition.
It has also set up an alert system for:
- enzymes identified as ‘derived from Bacillus licheniformis’, specifying that it must be possible to demonstrate unequivocally that the producing strain belongs to the Bacillus licheniformis species, in order to ensure that it is not a strain of Bacillus paralicheniformis, which produces bacitracin.
- processing aids which may lead to the presence of MOAH and MOSH in final foodstuffs, listing them in Annex IB as authorised processing aids subject to the submission, within 18 months, of the dossier necessary for their evaluation.
The public interest objective underlying this draft order is the protection of consumers.
It should be noted that this is an update to a text that has been in force since 2006 and which lists the processing aids authorised for use in the manufacture of certain foodstuffs. This text, which is well known to operators and the Member States, supplements the European regulatory framework for non-harmonised categories of processing aids. The measure will have a limited impact on trade, as it does not require a change in practice on the part of foreign operators.
9a. Risk: Producing foodstuffs using processing aids whose safety has not been demonstrated for the intended use.
The public interest objective is pursued in a consistent manner, as the notified draft prevents foodstuffs that do not comply with the regulations – or which may even be harmful to consumers’ health – from being placed on the market; and systematically, as the rule will apply to all French operators.
It should be noted that this is an update to a text that has been in force since 2006 and which lists the processing aids authorised for use in the manufacture of certain foodstuffs. This text, which is well known to operators and the Member States, supplements the European regulatory framework for non-harmonised categories of processing aids. The measure will have a limited impact on trade, as it does not require a change in practice on the part of foreign operators.
9b. The provisions of the draft order do not apply to processing aids lawfully manufactured or placed on the market for use in the manufacture of foodstuffs in another Member State of the European Union or in Turkey, or lawfully manufactured in another State party to the Agreement on the European Economic Area. However, if these processing aids do not ensure a level of safety equivalent to that guaranteed by these provisions, requirements may be applied to them by decision of the Minister responsible for agriculture, in accordance with the procedures laid down in Articles 5 and 6 of Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State for those from other Member States of the European Union.
The measure will have a limited impact on trade, as it does not require a change in practice on the part of foreign operators.
European legislation on processing aids is ‘partially harmonised’: there is no specific European legislation covering all processing aids, but there are European regulations targeting certain categories of processing aids: extraction solvents, decontamination agents for animal-derived foodstuffs, enzymes (for which a harmonised list is currently being drawn up) and processing aids that may be used in the manufacture of certain milk proteins, fruit juices and similar products, wines and aromatised wine products.
The draft order to which this notification relates therefore supplements these provisions for the non-harmonised categories.
It should be noted that this is an update to a text that has been in force since 2006 and which lists the processing aids authorised for use in the manufacture of certain foodstuffs. This text, which is well known to operators and the Member States, supplements the European regulatory framework for non-harmonised categories of processing aids. The measure will have a limited impact on trade, as it does not require a change in practice on the part of foreign operators.
9c. The measure aims to protect the public, and in particular the most vulnerable groups, for whom exposure to certain substances generated or introduced by processing aids is harmful (for example, exposure to MOAHs and MOSHs is a cause for particular concern).
The agreement seeks to reconcile the need for consumer protection with a targeted restriction on the French market.
Without this measure, there is a risk that foodstuffs may be produced that do not comply with the regulations or may even be harmful to consumers’ health.
It should be noted that this is an update to a text that has been in force since 2006 and which lists the processing aids authorised for use in the manufacture of certain foodstuffs. This text, which is well known to operators and the Member States, supplements the European regulatory framework for non-harmonised categories of processing aids. The measure will have a limited impact on trade, as it does not require a change in practice on the part of foreign operators.
10. References to basic texts: 2022/0809/F
The basic texts were forwarded with an earlier notification:
2022/0809/F
11. No
12.
13. No
14. No
15. No
16.
TBT aspects: No
SPS aspects: No
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European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu
