Annexes to COM(2016)750 - Definition, presentation and labelling of spirit drinks, use of names of spirit drinks when used in other foodstuffs, protection of geographical indications for spirit drinks - Main contents
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dossier | COM(2016)750 - Definition, presentation and labelling of spirit drinks, use of names of spirit drinks when used in other foodstuffs, ... |
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document | COM(2016)750 |
date | April 17, 2019 |
(8) Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
(9) Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks (OJ L 160, 12.6.1989, p. 1).
(10) OJ L 123, 12.5.2016, p. 1.
(11) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(12) OJ L 330, 27.12.2018, p. 3.
(13) Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 laying down rules on nominal quantities for prepacked products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC (OJ L 247, 21.9.2007, p. 17).
(14) Regulation (EU) 2018/1670 of the European Parliament and of the Council of 23 October 2018 amending Regulation (EC) No 110/2008 as regards nominal quantities for the placing on the Union market of single distilled shochu produced by pot still and bottled in Japan (OJ L 284, 12.11.2018, p. 1).
(15) Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 330, 5.12.1998, p. 32).
(16) Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters (OJ L 164, 26.6.2009, p. 45).
(17) Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for human consumption (OJ L 10, 12.1.2002, p. 53).
(18) Council Directive 2001/110/EC of 20 December 2001 relating to honey (OJ L 10, 12.1.2002, p. 47).
(19) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
(20) Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
(21) Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91 (OJ L 84, 20.3.2014, p. 14).
(22) Commission Regulation (EC) No 684/2009 of 24 July 2009 implementing Council Directive 2008/118/EC as regards the computerised procedures for the movement of excise goods under suspension of excise duty (OJ L 197, 29.7.2009, p. 24).
(23) Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).
(24) Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 336, 23.12.2015, p. 1).
(25) Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, p. 1).
(26) As referred to in Annex 2-D to the Agreement between the European Union and Japan for an Economic Partnership.
(27) Commission Implementing Regulation (EU) No 716/2013 of 25 July 2013 laying down rules for the application of Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks (OJ L 201, 26.7.2013, p. 21).
ANNEX I
CATEGORIES OF SPIRIT DRINKS
1. Rum
(a) | Rum is a spirit drink produced exclusively by the distillation of the product obtained by the alcoholic fermentation of molasses or syrup produced in the manufacture of cane sugar or of sugar-cane juice itself, distilled at less than 96 % vol., so that the distillate has the discernible specific organoleptic characteristics of rum. |
(b) | The minimum alcoholic strength by volume of rum shall be 37,5 %. |
(c) | No addition of alcohol, diluted or not, shall take place. |
(d) | Rum shall not be flavoured. |
(e) | Rum may only contain added caramel as a means of adjusting the colour. |
(f) | Rum may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar. |
(g) | In the case of geographical indications registered under this Regulation, the legal name of rum may be supplemented by:
This point shall be without prejudice to the use of the term ‘agricultural’, ‘traditionnel’ or ‘tradicional’ in connection with any product not covered by this category, in accordance with their own specific criteria. |
2. Whisky or whiskey
(a) | Whisky or whiskey is a spirit drink produced exclusively by carrying out all of the following production operations:
The final distillate, to which only water and plain caramel (for colouring) may be added, shall retain the colour, aroma and taste it derived from the production process referred to in points (i), (ii) and (iii). |
(b) | The minimum alcoholic strength by volume of whisky or whiskey shall be 40 %. |
(c) | No addition of alcohol, diluted or not, shall take place. |
(d) | Whisky or whiskey shall not be sweetened, even for rounding off the taste, or flavoured, or contain any additives other than plain caramel (E 150a) used for adjusting the colour. |
(e) | The legal name of ‘whisky’ or ‘whiskey’ may be supplemented by the term ‘single malt’ only if it has been distilled exclusively from malted barley at a single distillery. |
3. Grain spirit
(a) | Grain spirit is a spirit drink produced exclusively by the distillation of a fermented mash of whole grain cereals and having organoleptic characteristics derived from the raw materials used. |
(b) | With the exception of Korn, the minimum alcoholic strength by volume of grain spirit shall be 35 %. |
(c) | No addition of alcohol, diluted or not, shall take place. |
(d) | Grain spirit shall not be flavoured. |
(e) | Grain spirit may only contain added caramel as a means of adjusting the colour. |
(f) | Grain spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 10 grams of sweetening products per litre, expressed as invert sugar. |
(g) | A grain spirit may bear the legal name ‘grain brandy’ if it has been produced by distillation at less than 95 % vol. from a fermented mash of whole grain cereals, presenting organoleptic features deriving from the raw materials used. |
(h) | In the legal name ‘grain spirit’ or ‘grain brandy’, the word ‘grain’ may be replaced with the name of the cereal used exclusively in the production of the spirit drink. |
4. Wine spirit
(a) | Wine spirit is a spirit drink which meets the following requirements:
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(b) | The minimum alcoholic strength by volume of wine spirit shall be 37,5 %. |
(c) | No addition of alcohol, diluted or not, shall take place. |
(d) | Wine spirit shall not be flavoured. This shall not preclude traditional production methods. |
(e) | Wine spirit may only contain added caramel as a means of adjusting the colour. |
(f) | Wine spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar. |
(g) | Where wine spirit has been matured, it may continue to be placed on the market as ‘wine spirit’ provided that it has been matured for as long as, or longer than, the maturation period provided for in respect of the spirit drink defined under category 5. |
(h) | This Regulation shall be without prejudice to the use of the term ‘Branntwein’ in combination with the term ‘essig’ in the presentation and labelling of vinegar. |
5. Brandy or Weinbrand
(a) | Brandy or Weinbrand is a spirit drink which meets the following requirements:
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(b) | The minimum alcoholic strength by volume of brandy or Weinbrand shall be 36 %. |
(c) | No addition of alcohol, diluted or not, shall take place. |
(d) | Brandy or Weinbrand shall not be flavoured. This shall not preclude traditional production methods. |
(e) | Brandy or Weinbrand may only contain added caramel as a means of adjusting the colour. |
(f) | Brandy or Weinbrand may be sweetened in order to round off the final taste. However, the final product may not contain more than 35 grams of sweetening products per litre, expressed as invert sugar. |
6. Grape marc spirit or grape marc
(a) | Grape marc spirit or grape marc is a spirit drink which meets the following requirements:
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(b) | The minimum alcoholic strength by volume of grape marc spirit or grape marc shall be 37,5 %. |
(c) | No addition of alcohol, diluted or not, shall take place. |
(d) | Grape marc spirit or grape marc shall not be flavoured. This shall not preclude traditional production methods. |
(e) | Grape marc spirit or grape marc may only contain added caramel as a means of adjusting the colour. |
(f) | Grape marc spirit or grape marc may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar. |
7. Fruit marc spirit
(a) | Fruit marc spirit is a spirit drink which meets the following requirements:
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(b) | The minimum alcoholic strength by volume of fruit marc spirit shall be 37,5 %. |
(c) | No addition of alcohol, diluted or not, shall take place. |
(d) | Fruit marc spirit shall not be flavoured. |
(e) | Fruit marc spirit may only contain added caramel as a means of adjusting the colour. |
(f) | Fruit marc spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar. |
(g) | The legal name shall consist of the name of the fruit followed by ‘marc spirit’. If marc of several different fruits is used, the legal name shall be ‘fruit marc spirit’ and may be supplemented by the name of each fruit in decreasing order of the quantity used. |
8. Raisin spirit or raisin brandy
(a) | Raisin spirit or raisin brandy is a spirit drink produced exclusively by the distillation of the product obtained by the alcoholic fermentation of extract of dried grapes of the ‘Corinth Black’ or ‘Moscatel of Alexandria’ varieties, distilled at less than 94,5 % vol., so that the distillate has an aroma and taste derived from the raw materials used. |
(b) | The minimum alcoholic strength by volume of raisin spirit or raisin brandy shall be 37,5 %. |
(c) | No addition of alcohol, diluted or not, shall take place. |
(d) | Raisin spirit or raisin brandy shall not be flavoured. |
(e) | Raisin spirit or raisin brandy may only contain added caramel as a means of adjusting the colour. |
(f) | Raisin spirit or raisin brandy may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar. |
9. Fruit spirit
(a) | Fruit spirit is a spirit drink which meets the following requirements:
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(b) | The maximum methanol content of fruit spirit shall be 1 000 grams per hectolitre of 100 % vol. alcohol, except:
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(c) | The minimum alcoholic strength by volume of fruit spirit shall be 37,5 %. |
(d) | Fruit spirit shall not be coloured. |
(e) | Notwithstanding point (d) of this category and by way of derogation from food category 14.2.6 of Part E of Annex II to Regulation (EC) No 1333/2008, caramel may be used to adjust the colour of fruit spirits that have been aged at least one year in contact with wood. |
(f) | No addition of alcohol, diluted or not, shall take place. |
(g) | Fruit spirit shall not be flavoured. |
(h) | Fruit spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 18 grams of sweetening products per litre, expressed as invert sugar. |
(i) | The legal name of fruit spirit shall be ‘spirit’ supplemented by the name of the fruit, berry or vegetable. In the Bulgarian, Czech, Greek, Croatian, Polish, Romanian, Slovak and Slovenian languages, the legal name may be expressed by the name of the fruit, berry or vegetable, supplemented by a suffix. Alternatively:
The name ‘Williams’ or ‘williams’ may be used only to place on the market pear spirit produced solely from pears of the ‘Williams’ variety. If there is a risk that the final consumer does not easily understand one of the legal names not containing the word ‘spirit’ referred to in this point, the description, presentation and labelling shall include the word ‘spirit’, which may be supplemented by an explanation. |
(j) | Whenever two or more fruits, berries or vegetables are distilled together, the product shall be placed on the market under the legal name:
The legal name may be supplemented by that of each fruit, berry or vegetable, in decreasing order of the quantity used. |
10. Cider spirit, perry spirit and cider and perry spirit
(a) | Cider spirit, perry spirit and cider and perry spirit are spirit drinks which meet the following requirements:
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(b) | The minimum alcoholic strength by volume of cider spirit, perry spirit and cider and perry spirit shall be 37,5 %. |
(c) | No addition of alcohol, diluted or not, shall take place. |
(d) | Cider spirit, perry spirit and cider and perry spirit shall not be flavoured. This shall not preclude traditional production methods. |
(e) | Cider spirit, perry spirit and cider and perry spirit may only contain added caramel as a means of adjusting the colour. |
(f) | Cider spirit, perry spirit and cider and perry spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 15 grams of sweetening products per litre, expressed as invert sugar. |
(g) | The legal name shall be:
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11. Honey spirit
(a) | Honey spirit is a spirit drink which meets the following requirements:
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(b) | The minimum alcoholic strength by volume of honey spirit shall be 35 %. |
(c) | No addition of alcohol, diluted or not, shall take place. |
(d) | Honey spirit shall not be flavoured. |
(e) | Honey spirit may only contain added caramel as a means of adjusting the colour. |
(f) | Honey spirit may only be sweetened with honey in order to round of the final taste. However, the final product may not contain more than 20 grams of honey per litre, expressed as invert sugar. |
12. Hefebrand or lees spirit
(a) | Hefebrand or lees spirit is a spirit drink produced exclusively by the distillation at less than 86 % vol. of lees of wine, lees of beer or lees of fermented fruit. |
(b) | The minimum alcoholic strength by volume of Hefebrand or lees spirit shall be 38 %. |
(c) | No addition of alcohol, diluted or not, shall take place. |
(d) | Hefebrand or lees spirit shall not be flavoured. |
(e) | Hefebrand or lees spirit may only contain added caramel as a means of adjusting the colour. |
(f) | Hefebrand or lees spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar. |
(g) | The legal name ‘Hefebrand’ or ‘lees spirit’ shall be supplemented by the name of the raw materials used. |
13. Beer spirit
(a) | Beer spirit is a spirit drink produced exclusively by direct distillation under normal pressure of fresh beer with an alcoholic strength by volume of less than 86 %, so that the resulting distillate has organoleptic characteristics deriving from the beer. |
(b) | The minimum alcoholic strength by volume of beer spirit shall be 38 %. |
(c) | No addition of alcohol, diluted or not, shall take place. |
(d) | Beer spirit shall not be flavoured. |
(e) | Beer spirit may only contain added caramel as a means of adjusting the colour. |
(f) | Beer spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar. |
14. Topinambur or Jerusalem artichoke spirit
(a) | Topinambur or Jerusalem artichoke spirit is a spirit drink produced exclusively by fermentation and distillation at less than 86 % vol. of Jerusalem artichoke tubers (Helianthus tuberosus L.). |
(b) | The minimum alcoholic strength by volume of topinambur or Jerusalem artichoke spirit shall be 38 %. |
(c) | No addition of alcohol, diluted or not, shall take place. |
(d) | Topinambur or Jerusalem artichoke spirit shall not be flavoured. |
(e) | Topinambur or Jerusalem artichoke spirit may only contain added caramel as a means of adjusting the colour. |
(f) | Topinambur or Jerusalem artichoke spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar. |
15. Vodka
(a) | Vodka is a spirit drink produced from ethyl alcohol of agricultural origin obtained following fermentation with yeast of either:
distilled so that the organoleptic characteristics of the raw materials used and by-products formed in fermentation are selectively reduced. This may be followed by additional distillation or treatment with appropriate processing aids or both, including treatment with activated charcoal, to give it special organoleptic characteristics. Maximum levels of residue for the ethyl alcohol of agricultural origin used to produce vodka shall meet those levels set out in point (d) of Article 5, except that the methanol content shall not exceed 10 grams per hectolitre of 100 % vol. alcohol. |
(b) | The minimum alcoholic strength by volume of vodka shall be 37,5 %. |
(c) | The only flavourings which may be added are natural flavouring substances or flavouring preparations that are present in distillate obtained from the fermented raw materials. In addition, the product may be given special organoleptic characteristics, other than a predominant flavour. |
(d) | Vodka shall not be coloured. |
(e) | Vodka may be sweetened in order to round off the final taste. However, the final product may not contain more than 8 grams of sweetening products per litre, expressed as invert sugar. |
(f) | The description, presentation or labelling of vodka not produced exclusively from potatoes or cereals or both shall prominently bear the indication ‘produced from …’, supplemented by the name of the raw materials used to produce the ethyl alcohol of agricultural origin. This indication shall appear in the same visual field as the legal name. |
(g) | The legal name may be ‘vodka’ in any Member State. |
16. Spirit (supplemented by the name of the fruit, berries or nuts) obtained by maceration and distillation
(a) | Spirit (supplemented by the name of the fruit, berries or nuts) obtained by maceration and distillation is a spirit drink which meets the following requirements:
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(b) | The minimum alcoholic strength by volume of a spirit (supplemented by the name of the fruit, berries or nuts) obtained by maceration and distillation shall be 37,5 %. |
(c) | Spirit (supplemented by the name of the fruit, berries or nuts) obtained by maceration and distillation shall not be flavoured. |
(d) | Spirit (supplemented by the name of the fruit, berries or nuts) obtained by maceration and distillation shall not be coloured. |
(e) | Notwithstanding point (d) and by way of derogation from food category 14.2.6 of Part E of Annex II to Regulation (EC) No 1333/2008, caramel may be used to adjust the colour of spirit (supplemented by the name of the fruit, berries or nuts) obtained by maceration and distillation that has been aged at least one year in contact with wood. |
(f) | Spirit (supplemented by the name of the fruit, berries or nuts) obtained by maceration and distillation may be sweetened in order to round off the final taste. However, the final product may not contain more than 18 grams of sweetening products per litre, expressed as invert sugar. |
(g) | As regards the description, presentation and labelling of spirit (supplemented by the name of the fruit, berries or nuts) obtained by maceration and distillation, the wording ‘obtained by maceration and distillation’ shall appear in the description, presentation or labelling in characters of the same font, size and colour and in the same visual field as the wording ‘spirit (supplemented by the name of the fruit, berries or nuts)’ and, in the case of bottles, on the front label. |
17. Geist (supplemented by the name of the fruit or the raw materials used)
(a) | Geist (supplemented by the name of the fruit or the raw materials used) is a spirit drink produced by maceration of unfermented fruits and berries listed in point (a)(ii) of category 16 or vegetables, nuts, other plant materials, such as herbs or rose petals, or mushrooms in ethyl alcohol of agricultural origin, followed by distillation at less than 86 % vol. |
(b) | The minimum alcoholic strength by volume of Geist (supplemented by the name of the fruit or the raw materials used) shall be 37,5 %. |
(c) | Geist (supplemented by the name of the fruit or the raw materials used) shall not be flavoured. |
(d) | Geist (supplemented by the name of the fruit or the raw materials used) shall not be coloured. |
(e) | Geist (supplemented by the name of the fruit or the raw materials used) may be sweetened in order to round off the final taste. However, the final product may not contain more than 10 grams of sweetening products per litre, expressed as invert sugar. |
(f) | The term ‘-geist’ preceded by a term other than the name of a fruit, plant or other raw material may supplement the legal name of other spirit drinks and alcoholic beverages, provided that such use does not mislead the consumer. |
18. Gentian
(a) | Gentian is a spirit drink produced from a distillate of gentian, itself obtained by the fermentation of gentian roots with or without the addition of ethyl alcohol of agricultural origin. |
(b) | The minimum alcoholic strength by volume of gentian shall be 37,5 %. |
(c) | Gentian shall not be flavoured. |
19. Juniper-flavoured spirit drink
(a) | A juniper-flavoured spirit drink is a spirit drink produced by flavouring ethyl alcohol of agricultural origin or grain spirit or grain distillate or a combination thereof with juniper (Juniperus communis L. or Juniperus oxicedrus L.) berries. |
(b) | The minimum alcoholic strength by volume of a juniper-flavoured spirit drink shall be 30 %. |
(c) | Flavouring substances, flavouring preparations, plants with flavouring properties or parts of plants with flavouring properties or a combination thereof may be used in addition to juniper berries, but the organoleptic characteristics of juniper shall be discernible, even if they are sometimes attenuated. |
(d) | A juniper-flavoured spirit drink may bear the legal name ‘Wacholder’ or ‘genebra’. |
20. Gin
(a) | Gin is a juniper-flavoured spirit drink produced by flavouring ethyl alcohol of agricultural origin with juniper berries (Juniperus communis L.). |
(b) | The minimum alcoholic strength by volume of gin shall be 37,5 %. |
(c) | Only flavouring substances or flavouring preparations or both shall be used for the production of gin so that the taste is predominantly that of juniper. |
(d) | The term ‘gin’ may be supplemented by the term ‘dry’ if it does not contain added sweetening exceeding 0,1 grams of sweetening products per litre of the final product, expressed as invert sugar. |
21. Distilled gin
(a) | Distilled gin is one of the following:
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(b) | The minimum alcoholic strength by volume of distilled gin shall be 37,5 %. |
(c) | Gin produced simply by adding essences or flavourings to ethyl alcohol of agricultural origin shall not be considered distilled gin. |
(d) | The term ‘distilled gin’ may be supplemented by or incorporate the term ‘dry’ if it does not contain added sweetening exceeding 0,1 grams of sweetening products per litre of the final product, expressed as invert sugar. |
22. London gin
(a) | London gin is distilled gin which meets the following requirements:
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(b) | The minimum alcoholic strength by volume of London gin shall be 37,5 %. |
(c) | The term ‘London gin’ may be supplemented by or incorporate the term ‘dry’. |
23. Caraway-flavoured spirit drink or Kümmel
(a) | A caraway-flavoured spirit drink or Kümmel is a spirit drink produced by flavouring ethyl alcohol of agricultural origin with caraway (Carum carvi L.). |
(b) | The minimum alcoholic strength by volume of a caraway-flavoured spirit drink or Kümmel shall be 30 %. |
(c) | Flavouring substances or flavouring preparations or both may additionally be used but there shall be a predominant taste of caraway. |
24. Akvavit or aquavit
(a) | Akvavit or aquavit is a spirit drink flavoured with caraway or dill seeds or both, produced by using ethyl alcohol of agricultural origin flavoured with a distillate of plants or spices. |
(b) | The minimum alcoholic strength by volume of akvavit or aquavit shall be 37,5 %. |
(c) | Natural flavouring substances or flavouring preparations or both may additionally be used, but the flavour of these drinks shall be largely attributable to distillates of caraway (Carum carvi L.) or dill (Anethum graveolens L.) seeds or both, the use of essential oils being prohibited. |
(d) | The bitter substances shall not obviously dominate the taste; the dry extract content shall not exceed 1,5 grams per 100 millilitres. |
25. Aniseed-flavoured spirit drink
(a) | An aniseed-flavoured spirit drink is a spirit drink produced by flavouring ethyl alcohol of agricultural origin with natural extracts of star anise (Illicium verum Hook f.), anise (Pimpinella anisum L.), fennel (Foeniculum vulgare Mill.), or any other plant which contains the same principal aromatic constituent, using one of the following processes or a combination thereof:
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(b) | The minimum alcoholic strength by volume of an aniseed-flavoured spirit drink shall be 15 %. |
(c) | An aniseed-flavoured spirit drink may only be flavoured with flavouring preparations and natural flavouring substances. |
(d) | Other natural plant extracts or aromatic seed may also be used, but the aniseed taste shall remain predominant. |
26. Pastis
(a) | Pastis is an aniseed-flavoured spirit drink which also contains natural extracts of liquorice root (Glycyrrhiza spp.), which implies the presence of the colorants known as ‘chalcones’ as well as glycyrrhizic acid, the minimum and maximum levels of which shall be 0,05 and 0,5 grams per litre, respectively. |
(b) | The minimum alcoholic strength by volume of pastis shall be 40 %. |
(c) | Pastis may only be flavoured with flavouring preparations and natural flavouring substances. |
(d) | Pastis shall contain less than 100 grams of sweetening products per litre, expressed as invert sugar, and have a minimum and maximum anethole level of 1,5 and 2 grams per litre, respectively. |
27. Pastis de Marseille
(a) | Pastis de Marseille is a pastis with a pronounced anise taste with an anethole content between 1,9 and 2,1 grams per litre. |
(b) | The minimum alcoholic strength by volume of pastis de Marseille shall be 45 %. |
(c) | Pastis de Marseille may only be flavoured with flavouring preparations and natural flavouring substances. |
28. Anis or janeževec
(a) | Anis or janeževec is an aniseed-flavoured spirit drink whose characteristic flavour is derived exclusively from anise (Pimpinella anisum L.), star anise (Illicium verum Hook f.) or fennel (Foeniculum vulgare Mill.) or a combination of them. |
(b) | The minimum alcoholic strength by volume of anis or janeževec shall be 35 %. |
(c) | Anis or janeževec may only be flavoured with flavouring preparations and natural flavouring substances. |
29. Distilled anis
(a) | Distilled anis is anis which contains alcohol distilled in the presence of the seeds referred to in point (a) of category 28 and, in the case of geographical indications, mastic and other aromatic seeds, plants or fruits, provided such alcohol constitutes at least 20 % of the alcoholic strength of the distilled anis. |
(b) | The minimum alcoholic strength by volume of distilled anis shall be 35 %. |
(c) | Distilled anis may only be flavoured with flavouring preparations and natural flavouring substances. |
30. Bitter-tasting spirit drink or bitter
(a) | A bitter-tasting spirit drink or bitter is a spirit drink with a predominantly bitter taste produced by flavouring ethyl alcohol of agricultural origin or distillate of agricultural origin or both with flavouring substances or flavouring preparations or both. |
(b) | The minimum alcoholic strength by volume of a bitter-tasting spirit drink or bitter shall be 15 %. |
(c) | Without prejudice to the use of such terms in the presentation and labelling of foodstuffs other than spirit drinks, a bitter-tasting spirit drink or bitter may also be placed on the market under the names ‘bitter’ or ‘bitter’ with or without another term. |
(d) | Notwithstanding point (c), the term ‘bitter’ or ‘bitter’ may be used in the description, presentation and labelling of bitter-tasting liqueurs. |
31. Flavoured vodka
(a) | Flavoured vodka is vodka which has been given a predominant flavour other than that of the raw materials used to produce the vodka. |
(b) | The minimum alcoholic strength by volume of flavoured vodka shall be 37,5 %. |
(c) | Flavoured vodka may be sweetened, blended, flavoured, matured or coloured. |
(d) | When flavoured vodka is sweetened, the final product shall contain less than 100 grams of sweetening products per litre, expressed as invert sugar. |
(e) | The legal name of flavoured vodka may also be the name of any predominant flavour combined with the word ‘vodka’. The term ‘vodka’ in any official Union language may be replaced by ‘vodka’. |
32. Sloe-aromatised spirit drink or pacharán
(a) | A sloe-aromatised spirit drink or pacharán is a spirit drink which has a predominant sloe taste and is produced by the maceration of sloes (Prunus spinosa) in ethyl alcohol of agricultural origin, with the addition of natural extracts of anise or distillates of anise or both. |
(b) | The minimum alcoholic strength by volume of a sloe-aromatised spirit drink or pacharán shall be 25 %. |
(c) | For the production of a sloe-aromatised spirit drink or pacharán, a minimum quantity of 125 grams of sloe fruits per litre of the final product shall be used. |
(d) | A sloe-aromatised spirit drink or pacharán shall have a content of sweetening products, expressed as invert sugar, between 80 and 250 grams per litre of the final product. |
(e) | The organoleptic characteristics, colour and taste of a sloe-aromatised spirit drink or pacharán shall be provided exclusively by the fruit used and the anise. |
(f) | The term ‘pacharán’ may be used as a legal name only when the product is produced in Spain. When the product is produced outside Spain, ‘pacharán’ may only be used to supplement the legal name ‘sloe-aromatised spirit drink’, provided that it is accompanied by the words: ‘produced in …’, followed by the name of the Member State or third country of production. |
33. Liqueur
(a) | Liqueur is a spirit drink:
|
(b) | The minimum alcoholic strength by volume of liqueur shall be 15 %. |
(c) | Flavouring substances and flavouring preparations may be used in the production of liqueur. However, the following liqueurs may only be flavoured with flavouring foodstuffs, flavouring preparations and natural flavouring substances:
|
(d) | The legal name may be ‘liqueur’ in any Member State and:
|
(e) | The following compound terms may be used in the description, presentation and labelling of liqueurs produced in the Union, where ethyl alcohol of agricultural origin or distillate of agricultural origin is used to mirror established production methods:
As regards the description, presentation and labelling of the liqueurs referred to in this point, the compound term shall appear in one line in uniform characters of the same font and colour and the word ‘liqueur’ shall appear in immediate proximity in characters no smaller than that font. If the alcohol does not come from the spirit drink indicated, its origin shall be shown on the label in the same visual field as the compound term and the word ‘liqueur’ either by stating the type of agricultural alcohol or by the words ‘agricultural alcohol’ preceded on each occasion by ‘made from’ or ‘made using’. |
(f) | Without prejudice to Articles 11 and 12 and Article 13(4), the legal name ‘liqueur’ may be supplemented by the name of a flavouring or foodstuff that confers the predominant flavour of the spirit drink, provided that the flavour is conferred on the spirit drink by flavouring foodstuffs, flavouring preparations and natural flavouring substances, derived from the raw material referred to in the name of the flavouring or of the foodstuff, supplemented by flavouring substances only where necessary to reinforce the flavour of that raw material. |
34. Crème de (supplemented by the name of a fruit or other raw material used)
(a) | Crème de (supplemented by the name of a fruit or other raw material used) is a liqueur which has a minimum content of sweetening products of 250 grams per litre expressed as invert sugar. |
(b) | The minimum alcoholic strength by volume of crème de (supplemented by the name of a fruit or other raw material used) shall be 15 %. |
(c) | The rules on flavouring substances and flavouring preparations for liqueurs laid down under category 33 shall apply to this spirit drink. |
(d) | The raw materials used shall exclude milk products. |
(e) | The fruit or any other raw material used in the legal name shall be the fruit or the raw material that confers on that spirit drink its predominant flavour. |
(f) | The legal name may be supplemented by the term ‘liqueur’. |
(g) | The legal name ‘crème de cassis’ may only be used for liqueurs produced with blackcurrants, which have a content of sweetening products of more than 400 grams per litre expressed as invert sugar. |
35. Sloe gin
(a) | Sloe gin is a liqueur produced by maceration of sloes in gin with the possible addition of sloe juice. |
(b) | The minimum alcoholic strength by volume of sloe gin shall be 25 %. |
(c) | Only natural flavouring substances and flavouring preparations may be used in the production of sloe gin. |
(d) | The legal name may be supplemented by the term ‘liqueur’. |
36. Sambuca
(a) | Sambuca is a colourless aniseed-flavoured liqueur which meets the following requirements:
|
(b) | The minimum alcoholic strength by volume of sambuca shall be 38 %. |
(c) | The rules on flavouring substances and flavouring preparations for liqueurs laid down under category 33 shall apply to sambuca. |
(d) | Sambuca shall not be coloured. |
(e) | The legal name may be supplemented by the term ‘liqueur’. |
37. Maraschino, marrasquino or maraskino
(a) | Maraschino, marrasquino or maraskino is a colourless liqueur the flavour of which is given mainly by a distillate of marasca cherries or of the product produced by macerating cherries or parts of cherries in ethyl alcohol of agricultural origin or in a distillate of marasca cherries, with a minimum content of sweetening products of 250 grams per litre expressed as invert sugar. |
(b) | The minimum alcoholic strength by volume of maraschino, marrasquino or maraskino shall be 24 %. |
(c) | The rules on flavouring substances and flavouring preparations for liqueurs laid down under category 33 shall apply to maraschino, marrasquino or maraskino. |
(d) | Maraschino, marrasquino or maraskino shall not be coloured. |
(e) | The legal name may be supplemented by the term ‘liqueur’. |
38. Nocino or orehovec
(a) | Nocino or orehovec is a liqueur the flavour of which is given mainly by maceration, or by maceration and distillation, of whole green walnuts (Juglans regia L.), with a minimum content of sweetening products of 100 grams per litre expressed as invert sugar. |
(b) | The minimum alcoholic strength by volume of nocino or orehovec shall be 30 %. |
(c) | The rules on flavouring substances and flavouring preparations for liqueurs laid down under category 33 shall apply to nocino or orehovec. |
(d) | The legal name may be supplemented by the term ‘liqueur’. |
39. Egg liqueur or advocaat or avocat or advokat
(a) | Egg liqueur or advocaat or avocat or advokat is a liqueur, whether flavoured or not, produced from ethyl alcohol of agricultural origin, distillate of agricultural origin or spirit drink, or a combination thereof, and the ingredients of which are quality egg yolk, egg white and sugar or honey or both. The minimum sugar or honey content shall be 150 grams per litre expressed as invert sugar. The minimum content of pure egg yolk shall be 140 grams per litre of the final product. Any use of eggs from hens belonging to a species other than Gallus gallus shall be indicated on the label. |
(b) | The minimum alcoholic strength by volume of egg liqueur or advocaat or avocat or advokat shall be 14 %. |
(c) | Only flavouring foodstuffs, flavouring substances and flavouring preparations may be used in the production of egg liqueur or advocaat or avocat or advokat. |
(d) | Milk products may be used in the production of egg liqueur or advocaat or avocat or advokat. |
40. Liqueur with egg
(a) | Liqueur with egg is a liqueur, whether flavoured or not, produced from ethyl alcohol of agricultural origin, distillate of agricultural origin or spirit drink, or a combination thereof, the characteristic ingredients of which are quality egg yolk, egg white and sugar or honey or both. The minimum sugar or honey content shall be 150 grams per litre expressed as invert sugar. The minimum egg yolk content shall be 70 grams per litre of the final product. |
(b) | The minimum alcoholic strength by volume of liqueur with egg shall be 15 %. |
(c) | Only flavouring foodstuffs, natural flavouring substances and flavouring preparations may be used in the production of liqueur with egg. |
(d) | Milk products may be used in the production of liqueur with egg. |
41. Mistrà
(a) | Mistrà is a colourless spirit drink flavoured with aniseed or natural anethole which meets the following requirements:
|
(b) | The minimum alcoholic strength by volume of mistrà shall be 40 % and the maximum alcoholic strength by volume shall be 47 %. |
(c) | Mistrà may only be flavoured with flavouring preparations and natural flavouring substances. |
(d) | Mistrà shall not be coloured. |
42. Väkevä glögi or spritglögg
(a) | Väkevä glögi or spritglögg is a spirit drink produced by flavouring wine or wine products and ethyl alcohol of agricultural origin with the flavour of cloves or cinnamon or both, using one of the following processes or a combination thereof:
|
(b) | The minimum alcoholic strength by volume of väkevä glögi or spritglögg shall be 15 %. |
(c) | Väkevä glögi or spritglögg may only be flavoured with flavouring substances, flavouring preparations or other flavourings but the flavour of the spices specified in point (a) shall be predominant. |
(d) | The content of wine or wine products shall not exceed 50 % of the final product. |
43. Berenburg or Beerenburg
(a) | Berenburg or Beerenburg is a spirit drink which meets the following requirements:
|
(b) | The minimum alcoholic strength by volume of Berenburg or Beerenburg shall be 30 %. |
(c) | Berenburg or Beerenburg may only be flavoured with flavouring preparations and natural flavouring substances. |
44. Honey nectar or mead nectar
(a) | Honey nectar or mead nectar is a spirit drink produced by flavouring a mixture of fermented honey mash and honey distillate or ethyl alcohol of agricultural origin or both, which contains at least 30 % vol. of fermented honey mash. |
(b) | The minimum alcoholic strength by volume of honey nectar or mead nectar shall be 22 %. |
(c) | Honey nectar or mead nectar may only be flavoured with flavouring preparations and natural flavouring substances, provided that the honey taste is predominant. |
(d) | Honey nectar or mead nectar may only be sweetened with honey. |
ANNEX II
SPECIFIC RULES CONCERNING CERTAIN SPIRIT DRINKS
1. Rum-Verschnitt is produced in Germany and obtained by mixing rum and ethyl alcohol of agricultural origin, in such a manner that a minimum proportion of 5 % of the alcohol contained in the final product shall come from rum. The minimum alcoholic strength by volume of Rum-Verschnitt shall be 37,5 %. The word ‘Verschnitt’ shall appear in the description, presentation and labelling in characters of the same font, size and colour as, and on the same line as, the word ‘Rum’ and, in the case of bottles, on the front label. The legal name of this product shall be ‘spirit drink’. Where Rum-Verschnitt is placed on the market outside Germany, its alcoholic composition shall appear on the label.
2. Slivovice is produced in Czechia and obtained by the addition to the plum distillate, before the final distillation, of ethyl alcohol of agricultural origin, in such a manner that a minimum proportion of 70 % of the alcohol contained in the final product shall come from plum distillate. The legal name of this product shall be ‘spirit drink’. The name ‘slivovice’ may be added if it appears in the same visual field on the front label. If slivovice is placed on the market outside Czechia, its alcoholic composition shall appear on the label. This provision shall be without prejudice to the use of the legal names for fruit spirits in category 9 of Annex I.
3. Guignolet Kirsch is produced in France and obtained by mixing guignolet and kirsch, in such a manner that a minimum proportion of 3 % of the total pure alcohol contained in the final product shall come from kirsch. The word ‘guignolet’ shall appear in the description, presentation and labelling in characters of the same font, size and colour as, and on the same line as, the word ‘kirsch’ and, in case of bottles, on the front label. The legal name of this product shall be ‘liqueur’. Its alcoholic composition shall indicate the percentage by volume of pure alcohol that guignolet and kirsch represent in the total pure alcohol content by volume of guignolet kirsch.
ANNEX III
DYNAMIC OR ‘CRIADERAS Y SOLERA’ OR ‘SOLERA E CRIADERAS’ AGEING SYSTEM
The dynamic or ‘criaderas y solera’ or ‘solera e criaderas’ ageing system consists in the execution of periodical extractions of a portion of the brandy contained in each of the oak casks and containers that form an ageing scale and the corresponding replenishments with brandy extracted from the preceding ageing scale.
Definitions
‘Ageing scale’ means each group of oak casks and containers with the same level of maturation, through which the brandy progresses in the course of its ageing process. Each scale is known as ‘criadera’, except the last one, previous to the expedition of the brandy, known as the ‘solera’.
‘Extraction’ means the partial volume of brandy drawn from each oak cask and container in an ageing scale, for its incorporation into the oak casks and containers in the next ageing scale or, in the case of the solera, for its shipping.
‘Replenishment’ means the volume of brandy from the oak casks and containers of a given ageing scale that is incorporated into and blended with the content of the oak casks and containers of the following scale in terms of age.
‘Average age’ means the period of time corresponding to the rotation of the total stock of brandy that is undergoing the ageing process, calculated by dividing the total volume of brandy contained in all the ageing scales by the volume of the extractions made from the last scale – the solera – in one year.
The average age of the brandy drawn from the solera shall be calculated using the following formula: t = Vt/Ve, in which:
— | t is the average age, expressed in years; |
— | Vt is the total volume of stocks in the ageing system, expressed in litres of pure alcohol; |
— | Ve is the total volume of product extracted for shipping during a year, expressed in litres of pure alcohol. |
In the case of oak casks and containers of less than 1 000 litres, the number of annual extractions and replenishments shall be equal to or lower than twice the number of scales in the system, in order to guarantee that the youngest component has an age equal to or higher than six months.
In the case of oak casks and containers of 1 000 litres or more, the number of annual extractions and replenishments shall be equal to or lower than the number of scales in the system, in order to guarantee that the youngest component has an age equal to or higher than one year.
ANNEX IV
Correlation table
This Regulation | Regulation (EC) No 110/2008 |
Article 1(1) and (2) | Article 1(1) and (2) |
Article 2, points (a) to (d) | Article 2(1) and (3) |
Article 2, point (e) | Article 2(2) |
Article 2, point (f) | Annex I, point 6 |
Article 3(1) | Article 8 |
Article 3(2) and (3) | Article 10 |
Article 3(4) | Article 15(1) |
Article 3(5) | — |
Article 3(6) | — |
Article 3(7) | Article 15(3), third subparagraph |
Article 3(8) | — |
Article 3(9) and (10) | Article 11(2) and Annex I, point 4 |
Article 3(11) and (12) | Annex I, point (7) |
Article 4(1) | Article 7 and Annex I, point (14) |
Article 4(2) | Article 7 and Annex I, point (15) |
Article 4(3) | Article 7 and Annex I, point (16) |
Article 4(4) | — |
Article 4(5) | Annex I, point (17) |
Article 4(6) | — |
Article 4(7) | Annex I, point (2) |
Article 4(8) | Annex I, point (3) |
Article 4(9) | Annex I, point (3) |
Article 4(10) | Annex I, point (5) |
Article 4(11) | Annex I, point (8) |
Article 4(12) | Annex I, point (9) |
Article 4(13) | — |
Article 4(14) | — |
Article 4(15) | — |
Article 4(16) | — |
Article 4(17) | — |
Article 4(18) | — |
Article 4(19) and (20) | Annex I, point (10) |
Article 4(21) | — |
Article 4(22) | — |
Article 4(23) | Annex I, point (11) |
Article 4(24) | Annex I, point (12) |
Article 5 | Annex I, point (1) |
Article 6(1) | Article 3(1) |
Article 6(2) | Article 3(3) |
Article 6(3) | Article 3(4) |
Article 7(1) | Article 4 |
Article 7(2) | Article 5(1) |
Article 7(3) | Article 5(2) |
Article 7(4) | Article 5(3) |
Article 8(1) | Article 26 |
Article 8(2) | Article 1(3) |
Article 8(3) | — |
Article 8(4) | — |
Article 9 | — |
Article 10(1) | — |
Article 10(2) | Article 9(1) |
Article 10(3) | Article 9(2) |
Article 10(4) | Article 9(3) |
Article 10(5) | Article 9(5) and (6) |
Article 10(6), points (a) to (c), (e) and (f) | — |
Article 10(6)(d) | Article 12(2) |
Article 10(7), first subparagraph | Article 9(4) and (7) |
Article 10(7), second subparagraph | — |
Article 11(1) | Article 10(1) and (2) |
Article 11(2) and (3) | — |
Article 12(1) | Article 10(1) |
Article 12(2),(3) and (4) | — |
Article 13(1) | Article 12(1) |
Article 13(2) | Article 9(9) |
Article 13(3), first and second subparagraph | Article 11(4) |
Article 13(3), third subparagraph | Article 11(5) |
Article 13(3), fourth subparagraph | — |
Article 13(4), first subparagraph | Article 11(3) |
Article 13(4), second subparagraph | Article 11(4) |
Article 13(4), third subparagraph | Article 11(5) |
Article 13(5) | — |
Article 13(6) | Article 12(3) |
Article 13(7) | — |
Article 14(1) | Annex I, point (13) |
Article 14(2) | — |
Article 15(1) | Article 14(2) |
Article 15(2) | — |
Article 16 | — |
Article 17 | Article 13 |
Article 18 | — |
Article 19(1) | Article 12(3) |
Article 19(2) | — |
Article 20, point (a) | — |
Article 20, point (b) | Article 28(2) |
Article 20, point (c) | — |
Article 20, point (d) | — |
Article 21(1) | — |
Article 21(2) | Article 16 |
Article 21(3) | Article 15(3), first subparagraph |
Article 21(4) | — |
Article 22(1), first subparagraph | Article 17(4) |
Article 22(1), second subparagraph | — |
Article 22(2) | — |
Article 23(1), introductory wording and points (a), (b) and (c) | — |
Article 23(1), second subparagraph | Article 17(3) |
Article 23(2) | Article 17(1), second sentence |
Article 24(1) to (4) | — |
Article 24(5), (6) and (7) | Article 17(2) |
Article 24(8) | Article 17(3) |
Article 24(9) | Article 17(1), first sentence |
Article 25 | — |
Article 26(1), first subparagraph | Article 17(5) |
Article 26(1), second subparagraph | — |
Article 26(2) | Article 17(6) |
Article 27(1) | Article 17(7), first sentence |
Article 27(2), (3) and (4) | — |
Article 27(5) | Article 17(7), second sentence |
Article 28 | — |
Article 29 | — |
Article 30(1), (2) and (3) | Article 17(8), first sentence |
Article 30(4), first subparagraph | Article 17(8), second sentence |
Article 30(4), second subparagraph | — |
Article 31 | Article 21 |
Article 32 | Article 18 |
Article 33(1) | Article 15(2) |
Article 33(2) and (3) | — |
Article 34(1), (2) and (3) | Article 19 |
Article 34(4) | — |
Article 35(1), first subparagraph | Article 15(3), second subparagraph |
Article 35(1), second subparagraph | — |
Article 35(2) | Article 23(3) |
Article 35(3) | — |
Article 36(1) | Article 23(1) |
Article 36(2) | Article 23(2) |
Article 37 | — |
Article 38(1) | — |
Article 38(2) | Article 22(1) |
Article 38(3) | Article 22(2) |
Article 38(4) | — |
Article 38(5) | Article 22(3) |
Article 38(6) | Article 22(4) |
Article 39(1) | — |
Article 39(2) and (3) | — |
Article 40 | — |
Article 41 | — |
Article 42 | — |
Article 43(1) | Article 24(1) |
Article 43(2) | Article 24(3) |
Article 44(1) | Article 24(2) |
Article 44(2) | — |
Article 45 | Article 6 |
Article 46 | — |
Article 47 | Article 25 |
Article 48 | — |
Article 49 | Article 29 |
Article 50 | Article 28 |
Article 51 | Article 30 |
Annex I, categories 1 to 31 | Annex II, categories 1 to 31 |
Annex I, category 32 | Annex II, category 37a |
Annex I, category 33 | Annex II, category 32 |
Annex I, category 34 | Annex II, category 33 |
Annex I, category 35 | Annex II, category 37 |
Annex I, category 36 | Annex II, category 38 |
Annex I, category 37 | Annex II, category 39 |
Annex I, category 38 | Annex II, category 40 |
Annex I, category 39 | Annex II, category 41 |
Annex I, category 40 | Annex II, category 42 |
Annex I, category 41 | Annex II, category 43 |
Annex I, category 42 | Annex II, category 44 |
Annex I, category 43 | Annex II, category 45 |
Annex I, category 44 | Annex II, category 46 |
Annex II | Annex II, part under the Title ‘Other spirit drinks’ |
Annex III | — |
Annex IV | — |