2002/75/EC: Commission Decision of 1 February 2002 laying down special conditions on the import from third countries of star anise (Text with EEA relevance) (notified under document number C(2002) 379)
Date: 2002-02-01
Institutions: European Commission
Subjects: crop production, foodstuff, import, import licence, public health, third country

2.2.2002

EN

Official Journal of the European Communities

L 33/31

COMMISSION DECISION

of 1 February 2002

laying down special conditions on the import from third countries of star anise

(notified under document number C(2002) 379)

(Text with EEA relevance)

(2002/75/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 93/43/EEC of 14 June 1993
on the hygiene of foodstuffs (1), and in particular Article 10(1)
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Star anise (Illicium verum), also known as Chinese star
anise or Chinese badian, is fit for human consumption
and commonly used in foodstuffs.

The botanical variety of star anise known as Japanese
star anise (Illicium anisatum, also known as Illicium reli-
giosum, Illicium japonicum, shikimmi and skimmi), is scien-
tifically recognised as highly poisonous and is therefore
not fit for human consumption.

Analyses of consignments of star anise from certain
third countries have revealed also the presence of Japa-
nese star anise; the presence of Japanese star anise has
been linked to some cases of food poisoning in the
Community.

There is therefore a hygiene problem in certain third
countries which poses a serious threat to public health
within the Community and protective measures must be
adopted at Community level.

It is necessary that star anise imported from third coun-
tries, which is intended for human consumption or to be
used as an ingredients in foodstuffs, should not contain
Japanese star anise.

The competent authorities in third countries should
provide documentary evidence to accompany each
consignment of
countries,
anise
confirming that the products consist only of star anise
and are free of Japanese star anise.

from their

star

It is therefore necessary,
in order to safeguard public
health, that consignments of star anise imported into the
Community, which are intended for human consump-
tion or to be used as an ingredient in foodstuffs, are
subjected at random to sampling and analysis prior to
release for free circulation; for the same reason it is

(1) OJ L 175, 19.7.1993, p. 1.

necessary to control also the products already on the
market.

Given that the measures provided for in this Decision
would have a serious impact on the control resources of
the Member States, the results of these measures should
be evaluated after a short period of time and the meas-
ures amended if appropriate.

Member States have been consulted on the measures
provided for in this Decision according to Article 10(3)
of Directive 93/43/EEC, on 18 December 2001,

(8)

(9)

HAS ADOPTED THIS DECISION:

Article 1

1. Member States may allow imports of star anise (Illicium
verum) falling within CN code 0909 10 00 from third countries,
where it is intended for human consumption or to be used as
an ingredient in foodstuffs, provided that:

(a) each consignment is accompanied by the report on the
results of official sampling and analysis, and by a certificate
in accordance with the model in Annex I completed, signed
and verified by the competent authorities of the exporting
third country, demonstrating that the consignment does
not contain Japanese star anise (Illicium anisatum, also
known as Illicium religiosum, Illicium japonicum, shikimmi and
skimmi), which is not fit for human consumption;

(b) consignments are imported into the Community through

one of the points of entry listed in Annex II;

(c) each consignment is identified with a code, which corre-
sponds to the code on certificate and on the accompanying
report containing the result of the official sampling and
analysis referred to in point (a).

2.
The competent authorities in each Member State shall
ensure that imported star anise from third countries is subject
to documentary checks to ensure that the requirement for the
certificate and official sampling results referred to in paragraph
1(a) are complied with. For this purpose, Member States shall
ensure that the importers are obliged to give prior notice to the
competent
entry into the
Community specifying the amount, nature and estimated time
of arrival of the consignment.

the point of

authorities

at

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EN

Official Journal of the European Communities

2.2.2002

3. Member States shall undertake at random sampling and
analysis of consignments of star anise from third countries,
which is intended for human consumption or to be used as an
ingredient in foodstuffs, before release for free circulation from
the point of entry into the Community, and shall inform the
Commission of the results using the rapid alert system for food
(RASFF). Member States may charge the cost of the analyses to
the importer or his agent.

Article 4

This Decision shall be reviewed before 1 June 2002, in order to
assess whether the special conditions laid down in Article 1
provide a sufficient level of protection of public health within
the Community.

Article 5

Article 2

Member States shall take the measures necessary to comply
with this Decision. They shall inform the Commission thereof.

Member States may allow imports of Japanese star anise only if
it is intended for use other than human consumption.

Each consignment of
Japanese star anise imported in the
Community from third countries shall bear a label stating that
the product is not fit for human consumption.

Article 3

including
Member States shall
sampling and analysis of star anise already on the market in
order to verify the absence of Japanese star anise.

take appropriate measures,

This Decision is addressed to the Member States.

Article 6

Done at Brussels, 1 February 2002.

For the Commission

David BYRNE

Member of the Commission

2.2.2002

EN

Official Journal of the European Communities

L 33/33

ANNEX I

L 33/34

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Official Journal of the European Communities

2.2.2002

List of points of entry through which star anise originating from third countries may be imported into the
European Community

ANNEX II

Member State

Point of entry

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Antwerp

All Danish harbours and airports and all border stations

— HZA Munich airport in HZA Munich-ZA airport
— HZA Bremerhaven-ZA Rotersand in HZA Bremen-ZA Bremerhaven
— HZA Bremerhaven-ZA container terminal in HZA Bremen-ZA Bremerhaven container

terminal

— HZA Hamburg-Freihafen-Terminal
— HZA Hamburg-Freihafen-ZA Ericus Terminal Südbahnhof

in HZA Hamburg-Hafen-ZA Waltershof

in HZA Hamburg-ZA

Waltershof

— HZA Hamburg-Freihafen-ZA Köhlfleetdamm in HZA Hamburg-ZA Waltershof
— HZA Hamburg-St Annen-ZA Altona wird ersatzlos aufgehoben ab 1.1.2002
— HZA Hamburg-Waltershof-Terminal
— HZA Hamburg-Waltershof-Flughafen in HZA Itzehoe-ZA Hamburg-airport
— HZA Lüneburg-ZA Stade in HZA Oldenburg-ZA Stade
— HZA Trier-ZA Idar-Oberstein in HZA Koblenz-ZA Idar-Oberstein

in HZA Hamburg-ZA Waltershof

Athens, Pireas, Elefsis, Athens Airport, Thessaloniki, Volos, Patra, Iraklion Crete, Crete
Airport, Euzoni, Idomeni, Ormenio, Kipi, Kakavia, Niki, Promahonas, Pithio, Igoumenitsa,
Kristalopigi

A Coruña-Laxe (port), Algeciras (port), Alicante (airport and port), Almería (airport and
port), Asturias (airport), Barcelona (airport and port), Bilbao (airport and port), Cádiz
(port), Cartagena (port), Gijón (port), Gran Canaria (airport), Huelva (port), Las Palmas de
Gran Canaria (port), Madrid (airport), Málaga (airport and port), Márin (port), Palma de
Mallorca (airport), Pasajes (port), Santa Cruz de Tenerife (port), Santander (airport and
port), Santiago de Compostela (airport), San Sebastián (airport), Sevilla (airport and port),
Tarragona (port), Tenerife Norte (airport), Tenerife Sur (airport), Valencia (airport and
port), Vigo (airport and port), Villagarcía-Ribeira-Caraminal (port), Vitoria (airport), Zara-
goza (airport).

Marseilles (Bouches-du-Rhone), Le Havre (Seine-Maritime)

Dublin (port and airport), Cork (port and airport), Shannon (airport), Waterford (airport)

All harbours, airports and border stations

Luxembourg

Centre douanier, Croix de Gasperich, Luxembourg

Netherlands

Rotterdam

Austria

Portugal

Finland

Sweden

HZA Graz, HZA Vienna, Wiener Neustadt, Linz

All harbours, airports and border stations

Helsinki

Gothenberg

United Kingdom

Belfast, Felixstowe, Gatwick Airport, Heathrow Airport, Hull, Liverpool, London,
Southampton