2001/17/EC: Commission Decision of 19 December 2000 on refusing the placing on the market of "Nangai nuts (" as a novel food or novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council (notified under document number C(2000) 3888)
Date: 2000-12-19
Institutions: European Commission
Subjects: food inspection, human nutrition, marketing restriction, nut, scientific committee (EU)

9.1.2001

EN

Official Journal of the European Communities

L 4/35

COMMISSION DECISION

of 19 December 2000

on refusing the placing on the market of ‘Nangai nuts (Canarium indicum L.)’ as a novel food or
novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the
Council

(notified under document number C(2000) 3888)

(Only the French text is authentic)

(2001/17/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

Information that ‘Nangai nuts’ (or synonymously ‘Kenari
nuts’) were consumed in the Netherlands to a significant
degree was examined by the Dutch authorities who
could not find such nuts. Thus it was confirmed that
‘Nangai nuts’ have not been consumed in the
Community to a significant degree before Regulation
(EC) No 258/97 entered into force. Accordingly Nangai
nuts should be considered as a novel food within the
meaning of Regulation (EC) No 258/97.

the product
As it has not been demonstrated that
complies with the criteria laid down in Article 3(1) of
the Regulation, it should not be placed on the market in
the Community.

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
for Foodstuffs,

(7)

(8)

HAS ADOPTED THIS DECISION:

Article 1

‘Nangai nuts (Canarium indicum L.)’ may not be placed on the
Community market as a food or a food ingredient.

Article 2

This Decision is addressed to Mr Y. Jobert, La Meillade No 65,
F-34150 Montpeyroux, acting on behalf of Pacific Nuts Ltd.

Done at Brussels, 19 December 2000.

For the Commission

David BYRNE

Member of the Commission

Having regard to the Treaty establishing the European
Community,

Having regard to Regulation (EC) No 258/97 of the European
Parliament and of the Council of 27 January 1997 concerning
novel food and novel food ingredients (1), and in particular
Article 7 thereof,

Having regard to the request submitted by Mr Y. Jobert on
behalf of Pacific Nuts Ltd, PO Box 429, Santo, Vanuatu to the
French competent authorities on 9 December 1998 for placing
‘Nangai nuts (Canarium indicum L.)’ on the market as a novel
food or novel food ingredient,

Whereas:

(1)

(2)

The initial assessment report drawn up by the French
competent authorities concluded, based on the informa-
tion provided that
is safe for human
the product
consumption and could therefore be authorised.

The initial assessment report was forwarded by the
Commission to all Member States on 7 April 1999.

(3) Within the 60-day period laid down in Article 6(4) of
the Regulation, reasoned objections were nevertheless
raised by other Member States so that an authorisation
decision is required, to be taken in accordance with the
procedure laid down in Article 13 of the Regulation.

(4)

An additional assessment was carried out in accordance
with Article 7 of
the Regulation. The Scientific
Committee for Food adopted an opinion on 8 March
2000, which stated that data necessary for the assess-
ment of the safety of the product are lacking. Therefore
the product should not be authorised.

(5)

The applicant was given the opportunity to provide
additional

information.

(1) OJ L 43, 14.2.1997, p. 1.