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Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008

Type Regulation

Publication 2019-05-17

Last updated 2024-05-13

State In force

Department Council of the European Union, European Parliament

Source EUR-Lex

articles 34

Reform history JSON API

CHAPTER I SCOPE, DEFINITIONS AND CATEGORIES OF SPIRIT DRINKS

Article 1

Subject matter and scope

This Regulation lays down rules on:

— the definition, description, presentation and labelling of spirit drinks, as well as on the protection of geographical indications of spirit drinks;

— the ethyl alcohol and distillates used in the production of alcoholic beverages; and

— the use of legal names of spirit drinks in the presentation and labelling of foodstuffs other than spirit drinks.

This Regulation applies to products referred to in paragraph 1 that are placed on the Union market, whether produced in the Union or in third countries, as well as to those produced in the Union for export.

As regards the protection of geographical indications, Chapter III of this Regulation also applies to goods entering the customs territory of the Union without being released for free circulation there.

Article 2

Definition of and requirements for spirit drinks

For the purposes of this Regulation, a spirit drink is an alcoholic beverage which complies with the following requirements:

(a) it is intended for human consumption;

(b) it possesses particular organoleptic qualities;

(c) it has a minimum alcoholic strength by volume of 15 %, except in the case of spirit drinks that comply with the requirements of category 39 of Annex I;

(d) it has been produced either:
(i) directly by using, individually or in combination, any of the following methods:
— distillation, with or without added flavourings or flavouring foodstuffs, of fermented products,
— the maceration or similar processing of plant materials in ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks or a combination thereof,
— the addition, individually or in combination, to ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks of any of the following: — flavourings used in accordance with Regulation (EC) No 1334/2008, — colours used in accordance with Regulation (EC) No 1333/2008, — other authorised ingredients used in accordance with Regulations (EC) No 1333/2008 and (EC) No 1334/2008, — sweetening products, — other agricultural products, — foodstuffs; or
(ii) by adding, individually or in combination, to it any of the following:
— other spirit drinks,
— ethyl alcohol of agricultural origin,
— distillates of agricultural origin,
— other foodstuffs;

(e) it does not fall within CN codes 2203 , 2204 , 2205 , 2206 and 2207 ;

(f) if water, which may be distilled, demineralised, permuted or softened, has been added in its production:
(i) the quality of that water complies with Council Directive 98/83/EC ([^E0001]) and Directive 2009/54/EC of the European Parliament and of the Council ([^E0002]); and
(ii) the alcoholic strength of the spirit drink, after the addition of the water, still complies with the minimum alcoholic strength by volume provided for in point (c) of this Article or under the relevant category of spirit drinks as set out in Annex I.

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘legal name’ means the name under which a spirit drink is placed on the market, within the meaning of point (n) of Article 2(2) of Regulation (EU) No 1169/2011;

(2) ‘compound term’ means, in relation to the description, presentation and labelling of an alcoholic beverage, the combination of either a legal name provided for in the categories of spirit drinks set out in Annex I or the geographical indication for a spirit drink, from which all the alcohol of the final product originates, with one or more of the following:
(a) the name of one or more foodstuffs other than an alcoholic beverage and other than foodstuffs used for the production of that spirit drink in accordance with Annex I, or adjectives deriving from those names;
(b) the term ‘liqueur’ or ‘cream’;

(3) ‘allusion’ means the direct or indirect reference to one or more legal names provided for in the categories of spirit drinks set out in Annex I or to one or more geographical indications for spirit drinks, other than a reference in a compound term or in a list of ingredients as referred to in Article 13(2) to (4) in the description, presentation and labelling of:
(a) a foodstuff other than a spirit drink,
(b) a spirit drink that complies with the requirements of categories 33 to 40 of Annex I, or
(c) a spirit drink that complies with the conditions laid down in Article 12(3a);

(4) ‘geographical indication’ means an indication which identifies a spirit drink as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of that spirit drink is essentially attributable to its geographical origin;

(5) ‘product specification’ means a file attached to the application for the protection of a geographical indication, in which the specifications with which the spirit drink has to comply are set out, and which was referred to as a ‘technical file’ under Regulation (EC) No 110/2008;

(8) ‘visual field’ means field of vision as defined in point (k) of Article 2(2) of Regulation (EU) No 1169/2011;

(9) ‘to mix’ means to combine a spirit drink that either belongs to a category of spirit drinks set out in Annex I or to a geographical indication with one or more of the following:
(a) other spirit drinks which do not belong to the same category of spirit drinks set out in Annex I;
(b) distillates of agricultural origin;
(c) ethyl alcohol of agricultural origin;

(10) ‘mixture’ means a spirit drink that has undergone mixing;

(11) ‘to blend’ means to combine two or more spirit drinks of the same category that are distinguishable only by minor differences in composition due to one or more of the following factors:
(a) the method of production;
(b) the stills employed;
(c) the period of maturation or ageing;
(d) the geographical area of production; the spirit drink so produced belongs to the same category of spirit drinks as the original spirit drinks before blending;

(12) ‘blend’ means a spirit drink that has undergone blending.

Article 4

Technical definitions and requirements

For the purposes of this Regulation, the following technical definitions and requirements apply:

(1) ‘description’ means the terms used in the labelling, in the presentation and on the packaging of a spirit drink, on the documents accompanying the transport of a spirit drink, on the commercial documents, particularly the invoices and delivery notes, and in the advertising of a spirit drink;

(2) ‘presentation’ means the terms used in the labelling and on the packaging, as well as in advertising and sales promotion of a product, in images or such like, as well as on the container, including on the bottle or the closure;

(3) ‘labelling’ means any word, particulars, trade marks, brand name, pictorial matter or symbol relating to a product and placed on any packaging, document, notice, label, ring or collar accompanying or referring to such product;

(4) ‘label’ means any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed or impressed on, or attached to the packaging or container of food;

(5) ‘packaging’ means the protective wrappings, cartons, cases, containers and bottles used in the transport or sale of spirit drinks;

(6) ‘distillation’ means a thermal separation process involving one or more separation steps intended to achieve certain organoleptic properties or a higher alcoholic concentration or both, regardless of whether such steps take place under normal pressure or under vacuum, due to the distilling device used; and can be single or multiple distillation or re-distillation;

(7) ‘distillate of agricultural origin’ means an alcoholic liquid which is the result of the distillation, after alcoholic fermentation, of agricultural products listed in Annex I to the Treaty, which does not have the properties of ethyl alcohol and which retains the aroma and taste of the raw materials used;

(8) ‘to sweeten’ means to use one or more sweetening products in the production of spirit drinks;

(9) ‘sweetening products’ means:
(a) semi-white sugar, white sugar, extra-white sugar, dextrose, fructose, glucose syrup, sugar solution, invert sugar solution and invert sugar syrup, as defined in Part A of the Annex to Council Directive 2001/111/EC ([^E0003]);
(b) rectified concentrated grape must, concentrated grape must and fresh grape must;
(c) burned sugar which is the product obtained exclusively from the controlled heating of sucrose without bases, mineral acids or other chemical additives;
(d) honey as defined in point 1 of Annex I to Council Directive 2001/110/EC ([^E0004]);
(e) carob syrup;
(f) any other natural carbohydrate substances having a similar effect as the products referred to in points (a) to (e);

(10) ‘addition of alcohol’ means the addition of ethyl alcohol of agricultural origin or distillates of agricultural origin or both to a spirit drink; such addition does not include the use of alcohol for dilution or dissolution of colours, flavourings or any other authorised ingredients used in the production of spirit drinks;

(11) ‘maturation’ or ‘ageing’ means the storage of a spirit drink in appropriate receptacles for a period of time for the purpose of allowing that spirit drink to undergo natural reactions that impart specific characteristics to that spirit drink;

(12) ‘to flavour’ means to add flavourings or flavouring foodstuffs in the production of a spirit drink by means of one or more of the following processes: addition, infusion, maceration, alcoholic fermentation, or distillation of alcohol in the presence of the flavourings or flavouring foodstuffs;

(13) ‘flavourings’ mean flavourings as defined in point (a) of Article 3(2) of Regulation (EC) No 1334/2008;

(14) ‘flavouring substance’ means flavouring substance as defined in point (b) of Article 3(2) of Regulation (EC) No 1334/2008;

(15) ‘natural flavouring substance’ means natural flavouring substance as defined in point (c) of Article 3(2) of Regulation (EC) No 1334/2008;

(16) ‘flavouring preparation’ means flavouring preparation as defined in point (d) of Article 3(2) of Regulation (EC) No 1334/2008;

(17) ‘other flavouring’ means other flavouring as defined in point (h) of Article 3(2) of Regulation (EC) No 1334/2008;

(18) ‘flavouring foodstuffs’ mean foodstuffs as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council ([^E0005]) and that are used in the production of spirit drinks with the main purpose of flavouring the spirit drinks;

(19) ‘to colour’ means to use one or more colours in the production of a spirit drink;

(20) ‘colours’ mean colours as defined in point 2 of Annex I to Regulation (EC) No 1333/2008;

(21) ‘caramel’ means a food additive corresponding to E-numbers E 150a, E 150b, E 150c or E 150d and relating to products of a more or less intense brown colour which are intended for colouring, as referred to in Part B of Annex II to Regulation (EC) No 1333/2008; it does not correspond to the sugary aromatic product obtained from heating sugars and which is used for flavouring purposes;

(22) ‘other authorised ingredients’ means food ingredients with flavouring properties authorised under Regulation (EC) No 1334/2008 and food additives other than colours authorised under Regulation (EC) No 1333/2008;

(23) ‘alcoholic strength by volume’ means the ratio of the volume of pure alcohol present in a product at 20 ^oC to the total volume of that product at the same temperature;

(24) ‘volatile substances content’ means the quantity of volatile substances, other than ethyl alcohol and methanol, contained in a spirit drink produced exclusively by distillation.

Article 5

Definition of and requirements for ethyl alcohol of agricultural origin

For the purposes of this Regulation, ethyl alcohol of agricultural origin is a liquid which complies with the following requirements:

(a) it has been obtained through alcoholic fermentation, followed by distillation exclusively of agricultural products listed in Annex I to the Treaty;

(b) it has no detectable taste other than that of the raw materials used in its production;

(d) its maximum levels of residues do not exceed the following:
(i) ethyl acetate: 1,3 grams per hectolitre of 100 % vol. alcohol;
(ii) acetaldehyde (sum of ethanal and 1,1-diethoxyethane): 0,5 grams per hectolitre of 100 % vol. alcohol;
(iii) higher alcohols (sum of: propan-1-ol, butan-1-ol, butan-2-ol, 2- methylpropan-1-ol, 2-methylbutan- 1-ol and 3-methylbutan-1-ol): 0,5 grams per hectolitre of 100 % vol. alcohol;
(iv) methanol: 30 grams per hectolitre of 100 % vol. alcohol;
(v) furfural: 0,5 grams per hectolitre of 100 % vol. alcohol.

Article 6

Ethyl alcohol and distillates used in alcoholic beverages

The ethyl alcohol and distillates used in the production of spirit drinks shall be exclusively of agricultural origin, within the meaning of Annex I to the Treaty.

No alcohol other than ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks of categories 1 to 14 of Annex I shall be used to dilute or dissolve colours, flavourings or any other authorised ingredients used in the production of alcoholic beverages. Such alcohol used to dilute or dissolve colours, flavourings or any other authorised ingredients shall only be used in the amounts strictly necessary for that purpose.

Alcoholic beverages shall not contain alcohol of synthetic origin or other alcohol of non-agricultural origin, within the meaning of Annex I to the Treaty.

Article 7

Categories of spirit drinks

Spirit drinks shall be categorised in accordance with the general rules laid down in this Article and the specific rules laid down in Annex I.

Without prejudice to the specific rules laid down for each of the categories of spirit drinks 1 to 14 of Annex I, the spirit drinks of those categories shall:

(a) be produced by alcoholic fermentation and distillation, and exclusively obtained from the raw material provided for under the corresponding category of spirit drinks in Annex I;

(b) have no addition of alcohol, whether diluted or not;

(d) not be coloured with anything except caramel used exclusively for adjusting the colour of those spirit drinks;

(e) not be sweetened, except to round off the final taste of the product; the maximum content of sweetening products, expressed as invert sugar, shall not exceed the thresholds set out for each category in Annex I;

(f) not contain adjuncts other than whole unprocessed items of the raw material from which the alcohol is obtained, and which are mainly used for decorative purposes.

Without prejudice to the specific rules laid down for each of the categories of spirit drinks 15 to 44 of Annex I, the spirit drinks of those categories may:

(a) be produced from any agricultural raw material listed in Annex I to the Treaty;

(b) have addition of alcohol;

(d) be coloured;

(e) be sweetened.

Without prejudice to the specific rules laid down in Annex II, spirit drinks which do not comply with the specific rules laid down for each of the categories set out in Annex I may:

(a) be produced from any agricultural raw material listed in Annex I to the Treaty or from any foodstuff or both;

(b) have addition of alcohol;

(d) be coloured;

(e) be sweetened.

Article 8

Delegated and implementing powers

The Commission is empowered to adopt delegated acts in accordance with Article 46 amending this Regulation by introducing amendments to the technical definitions and requirements laid down in point (f) of Article 2, and in Articles 4 and 5.

The delegated acts referred to in the first subparagraph shall be strictly limited to meeting demonstrated needs resulting from evolving consumer demands, technological progress or the need for product innovation.

The Commission shall adopt a separate delegated act in respect of each technical definition or requirement referred to in the first subparagraph.

The Commission is empowered to adopt delegated acts in accordance with Article 46 supplementing this Regulation by laying down, in exceptional cases, where the law of the importing third country so requires, derogations from the requirements set out in point (f) of Article 2, and in Articles 4 and 5, the requirements under the categories of spirit drinks set out in Annex I and the specific rules concerning certain spirit drinks set out in Annex II.

The Commission is empowered to adopt delegated acts in accordance with Article 46 supplementing this Regulation by specifying which other natural substances or agricultural raw materials having a similar effect to the products referred to in points (a) to (e) of Article 4(9) are authorised across the Union as sweetening products in the production of spirit drinks.

The Commission may, by means of implementing acts, adopt uniform rules for the use of other natural substances or agricultural raw materials authorised by delegated acts as sweetening products in the production of spirit drinks as referred to in paragraph 3, determining in particular the respective sweetening conversion factors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(2).

CHAPTER II DESCRIPTION, PRESENTATION AND LABELLING OF SPIRIT DRINKS AND USE OF THE NAMES OF SPIRIT DRINKS IN THE PRESENTATION AND LABELLING OF OTHER FOODSTUFFS

Article 9

Presentation and labelling

Spirit drinks placed on the Union market shall comply with the presentation and labelling requirements set out in Regulation (EU) No 1169/2011, unless otherwise provided for in this Regulation.

Article 10

Legal names of spirit drinks

The name of a spirit drink shall be its legal name.

Spirit drinks shall bear legal names in their description, presentation and labelling.

Legal names shall be shown clearly and visibly on the label of the spirit drink and shall not be replaced or altered.

Spirit drinks that comply with the requirements of a category of spirit drinks set out in Annex I shall use the name of that category as their legal name, unless that category permits the use of another legal name.

A spirit drink that does not comply with the requirements laid down for any of the categories of spirit drinks set out in Annex I shall use the legal name ‘spirit drink’.

A spirit drink that complies with the requirements for more than one category of spirit drinks set out in Annex I may be placed on the market under one or more of the legal names provided for under those categories in Annex I.

Notwithstanding paragraphs 1 and 2 of this Article, the legal name of a spirit drink may be:

(a) supplemented or replaced by a geographical indication referred to in Chapter III. In this case, the geographical indication may be supplemented further by any term permitted by the relevant product specification, provided that this does not mislead the consumer; and

(b) replaced by a compound term that includes the term ‘liqueur’ or ‘cream’, provided that the final product complies with the requirements of category 33 of Annex I.

Without prejudice to Regulation (EU) No 1169/2011 and to the specific rules laid down for the categories of spirit drinks in Annex I to this Regulation, the legal name of a spirit drink may be supplemented by:

(a) a name or geographical reference provided for in the laws, regulations and administrative provisions applicable in the Member State in which the spirit drink is placed on the market, provided that this does not mislead the consumer;

(b) a customary name as defined in point (o) of Article 2(2) of Regulation (EU) No 1169/2011, provided that this does not mislead the consumer;

(d) the term ‘blend’, ‘blending’ or ‘blended’, provided that the spirit drink has undergone blending;

(e) the term ‘mixture’, ‘mixed’ or ‘mixed spirit drink’, provided that the spirit drink has undergone mixing; or

(f) the term ‘dry’ or ‘dry’, except in the case of spirit drinks that comply with the requirements of category 2 of Annex I, without prejudice to the specific requirements laid down in categories 20 to 22 of Annex I, and provided that the spirit drink has not been sweetened, not even for rounding off the taste. By way of derogation from the first part of this point, the term ‘dry’ or ‘dry’ may supplement the legal name of spirit drinks that comply with the requirements of category 33 and have therefore been sweetened.

Without prejudice to Articles 11 and 12 and Article 13(2) to (4), the use of the legal names referred to in paragraph 2 of this Article or geographical indications in the description, presentation or labelling of any beverage not complying with the requirements of the relevant category set out in Annex I or of the relevant geographical indication shall be prohibited. That prohibition shall also apply where such legal names or geographical indications are used in conjunction with words or phrases such as ‘like’, ‘type’, ‘style’, ‘made’, ‘flavour’ or any other similar terms.

Without prejudice to Article 12(1), flavourings that imitate a spirit drink or their use in the production of a foodstuff other than a beverage may bear, in their presentation and labelling, references to the legal names referred to in paragraph 2 of this Article, provided that such legal names are supplemented by the term ‘flavour’ or any other similar terms. Geographical indications shall not be used to describe such flavourings.

Article 11

Compound terms

In the description, presentation and labelling of an alcoholic beverage, the use in a compound term of either a legal name provided for in the categories of spirit drinks set out in Annex I or a geographical indication for spirit drinks shall be authorised on condition that:

(a) the alcohol used in the production of the alcoholic beverage originates exclusively from the spirit drink referred to in the compound term, except for the alcohol that may be present in flavourings, colours or other authorised ingredients used for the production of that alcoholic beverage; and

(b) the spirit drink has not been diluted by addition of water only, so that its alcoholic strength is below the minimum strength provided for under the relevant category of spirit drinks set out in Annex I.

Without prejudice to the legal names provided for in Article 10, the terms ‘alcohol’, ‘spirit’, ‘drink’, ‘spirit drink’ and ‘water’ shall not be part of a compound term describing an alcoholic beverage.

Compound terms describing an alcoholic beverage shall:

(a) appear in uniform characters of the same font, size and colour;

(b) not be interrupted by any textual or pictorial element which does not form part of them;

(d) in cases where the alcoholic beverage is a spirit drink, always be accompanied by the legal name of the spirit drink, which shall appear in the same visual field as the compound term, unless the legal name is replaced by a compound term in accordance with Article 10(5), point (b).

Article 12

Allusions

In the presentation and labelling of a foodstuff other than an alcoholic beverage, an allusion to legal names provided for in one or more categories of spirit drinks set out in Annex I, or to one or more geographical indications for spirit drinks, shall be authorised on condition that the alcohol used in the production of the foodstuff originates exclusively from the spirit drink or the spirit drinks referred to in the allusion, except as regards the alcohol that may be present in flavourings, colours or other authorised ingredients used for the production of that foodstuff.

By way of derogation from paragraph 1 of this Article and without prejudice to Regulations (EU) No 1308/2013 ([^E0006]) and (EU) No 251/2014 ([^E0007]) of the European Parliament and of the Council, an allusion in the presentation and labelling of an alcoholic beverage other than a spirit drink to legal names provided for in one or more categories of spirit drinks set out in Annex I to this Regulation or to one or more geographical indications for spirit drinks shall be authorised on condition that:

(a) the added alcohol originates exclusively from the spirit drink or spirit drinks referred to in the allusion; and

(b) the proportion of each alcoholic ingredient is indicated at least once in the same visual field as the allusion, in descending order of quantities used. That proportion shall be equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the final product.

By way of derogation from paragraph 1 of this Article and from Article 13(4), in the description, presentation and labelling of a spirit drink that complies with the requirements of categories 33 to 40 of Annex I, the allusion to legal names provided for under one or more categories of spirit drinks set out in that Annex or to one or more geographical indications for spirit drinks shall be authorised on condition that:

(a) the added alcohol originates exclusively from the spirit drink or spirit drinks referred to in the allusion;

(b) the proportion of each alcoholic ingredient is indicated at least once in the same visual field as the allusion, in descending order of quantities used. That proportion shall be equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the final product; and

(c) the term ‘cream’ does not appear in the legal name of a spirit drink that complies with the requirements of categories 33 to 40 of Annex I or in the legal name of the spirit drink or spirit drinks referred to in the allusion.

3a. By way of derogation from paragraph 1, in the description, presentation and labelling of a spirit drink other than spirit drinks complying with the requirements of categories 33 to 40 of Annex I, the allusion to a legal name provided for in a category of spirit drinks set out in that Annex or to a geographical indication for spirit drinks shall be allowed on condition that:

(a) the spirit drink referred to in the allusion:
(i) has been used as the sole alcoholic base for the production of the final spirit drink, which shall comply with the requirements of a category of spirit drinks set out in Annex I,
(ii) has not been combined with any foodstuffs other than the foodstuffs used for its production or the production of the final spirit drink in accordance with Annex I or the relevant product specification, and
(iii) has not been diluted by addition of water so that its alcoholic strength is below the minimum strength provided for under the category of spirit drinks set out in Annex I or the product specification for the geographical indication to which the spirit drink referred to in the allusion belongs; or

(b) the spirit drink has been stored for the full maturation period or part of it in a wooden cask previously used to mature the spirit drink referred to in the allusion, on condition that:
(i) the wooden cask was emptied of its previous contents for those categories of spirit drinks or geographical indications for spirit drinks for which the addition of alcohol, diluted or not, is prohibited,
(ii) the allusion is made within the description of the cask used to mature the resulting spirit drink,
(iii) the allusion appears less prominently than the legal name of the spirit drink or any compound term used, and
(iv) by way of derogation from paragraph 4, point (b), the allusion appears in a font size no larger than the font size used for the legal name of the spirit drink or any compound term used.

The allusions referred to in paragraphs 2, 3 and 3a shall:

(a) not be on the same line as the name of the alcoholic beverage;

(b) appear in a font size which is no larger than half the font size used for the name of the alcoholic beverage and, where compound terms are used, in a font size which is no larger than half the font size used for such compound terms, in accordance with point (c) of Article 11(3); and

(c) in case of allusions in the description, presentation and labelling of spirit drinks, always be accompanied by the legal name of the spirit drink, which shall appear in the same visual field as the allusion.

Article 13

Additional rules on description, presentation and labelling

The description, presentation or labelling of a spirit drink may refer to the raw materials used to produce the ethyl alcohol of agricultural origin or distillates of agricultural origin used in the production of that spirit drink only where that ethyl alcohol or those distillates have been obtained exclusively from those raw materials. In such a case, each type of ethyl alcohol of agricultural origin or distillate of agricultural origin shall be mentioned in descending order of quantity by volume of pure alcohol.

The legal names referred to in Article 10 may be included in a list of ingredients for foodstuffs, provided that the list is in accordance with Articles 18 to 22 of Regulation (EU) No 1169/2011.

In the case of a mixture, the legal names provided for in the categories of spirit drinks set out in Annex I or geographical indications for spirit drinks may be indicated only in a list of the alcoholic ingredients appearing in the same visual field as the legal name of the spirit drink.

In the case referred to in the first subparagraph, the list of alcoholic ingredients shall be accompanied by at least one of the terms referred to in point (e) of Article 10(6). Both the list of alcoholic ingredients and the accompanying term shall appear in the same visual field as the legal name of the mixture, in uniform characters of the same font and colour and in a font size which is no larger than half the font size used for the legal name.

In addition, the proportion of each alcoholic ingredient in the list of alcoholic ingredients shall be expressed at least once as a percentage, in descending order of quantities used. That proportion shall be equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the mixture.

3a. In the case of a blend, the spirit drink shall bear the legal name provided for in the relevant category of spirit drinks set out in Annex I.

In case of blends resulting from the combination of spirit drinks belonging to different geographical indications or from the combination of spirit drinks belonging to geographical indications with spirit drinks not belonging to any geographical indication, the following conditions shall apply:

(a) the description, presentation or labelling of the blend may show the legal names set out in Annex I or geographical indications corresponding to the spirits drinks that were blended, provided that those names appear:
(i) exclusively in a list of all the alcoholic ingredients contained in the blend which shall appear in uniform characters of the same font and colour and in a font size which is no larger than half the font size used for the legal name; and
(ii) in the same visual field as the legal name of the blend at least once;

(b) the list of alcoholic ingredients shall be accompanied by at least one of the terms referred to in point (d) of Article 10(6);

(c) the proportion of each alcoholic ingredient in the list of alcoholic ingredients shall be expressed at least once as a percentage, in descending order of quantities used. That proportion shall be equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the blend.

By way of derogation from paragraph 3 of this Article, if a mixture complies with the requirements for one of the categories of spirit drinks set out in Annex I, that mixture shall bear the legal name provided for in the relevant category.

In the case referred to in the first subparagraph, the description, presentation or labelling of the mixture may show the legal names set out in Annex I or geographical indications corresponding to the spirits drinks that were mixed, provided that those names appear:

(a) exclusively in a list of all the alcoholic ingredients contained in the mixture which shall appear in uniform characters of the same font and colour and in a font size which is no larger than half the font size used for the legal name; and

(b) in the same visual field as the legal name of the mixture at least once.

The use of the names of plant raw materials which are used as the legal names of certain spirit drinks shall be without prejudice to the use of the names of those plant raw materials in the presentation and labelling of other foodstuffs. The names of such raw materials may be used in the description, presentation or labelling of other spirit drinks, provided that such use does not mislead the consumer.

A maturation period or age may only be specified in the description, presentation or labelling of a spirit drink where it refers to the youngest alcoholic component of the spirit drink and in any case provided that all the operations to age the spirit drink took place under revenue supervision of a Member State or supervision providing equivalent guarantees. The Commission shall set up a public register listing the bodies appointed by each Member State to supervise ageing processes.

The legal name of a spirit drink shall be indicated in the electronic administrative document referred to in Commission Regulation (EC) No 684/2009 ([^E0008]). Where a maturation period or age is indicated in the description, presentation or labelling of the spirit drink, it shall also be mentioned in that administrative document.

Article 14

Indication of place of provenance

Where the place of provenance of a spirit drink, other than a geographical indication or trade mark, is indicated in its description, presentation or labelling, it shall correspond to the place or region where the stage in the production process which conferred on the finished spirit drink its character and essential definitive qualities took place.

The indication of the country of origin or place of provenance of the primary ingredient as referred to in Regulation (EU) No 1169/2011 shall not be required for spirit drinks.

Article 15

Language used for the names of spirit drinks

The terms in italics in Annexes I and II and geographical indications shall not be translated either on the label or in the description and presentation of spirit drinks.

By way of derogation from paragraph 1, in the case of spirit drinks produced in the Union and destined for export, the terms referred to in paragraph 1 and geographical indications may be accompanied by translations, transcriptions or transliterations, provided that such terms and geographical indications in the original language are not hidden.

Article 17

Prohibition of lead-based capsules and lead-based foil

Spirit drinks shall not be held with a view to sale or be placed on the market in containers fitted with closing devices covered by lead-based capsules or lead-based foil.

Article 18

Union reference methods of analysis

Where ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks are to be analysed to verify that they comply with this Regulation, such analysis shall be in accordance with Union reference methods of analysis for the determination of their chemical and physical composition and organoleptic properties.

Other methods of analysis shall be permitted, under the responsibility of the director of the laboratory, on condition that the accuracy, repeatability and reproducibility of the methods are at least equivalent to those of the relevant Union reference methods of analysis.

Where Union methods of analysis are not laid down for the detection and quantification of substances contained in a particular spirit drink, one or more of the following methods shall be used:

(a) methods of analysis that have been validated by internationally recognised procedures and that, in particular, meet the criteria set out in Annex III to Regulation (EC) No 882/2004 of the European Parliament and of the Council ([^E0009]);

(b) methods of analysis conforming to the recommended standards of the International Organisation for Standardisation (ISO);

(d) in the absence of a method as referred to in points (a), (b) or (c), by reason of its accuracy, repeatability and reproducibility:
— a method of analysis approved by the Member State concerned;
— where necessary, any other suitable method of analysis.

Article 19

Delegated powers

In order to take into account the traditional dynamic ageing process for brandy in Member States which is known as the ‘

criaderas y solera ’ system or ‘ solera e criaderas ’ system as set out in Annex III, the Commission is empowered to adopt delegated acts in accordance with Article 46 supplementing this Regulation by:

(a) laying down derogations from Article 13(6) concerning the specification of a maturation period or age in the description, presentation or labelling of such brandy; and

(b) establishing appropriate control mechanisms for such brandy.

The Commission is empowered to adopt delegated acts in accordance with Article 46 supplementing this Regulation concerning the setting up of a public register listing the bodies appointed by each Member State to supervise ageing processes as provided for in Article 13(6).

Article 20

Implementing powers

The Commission may, by means of implementing acts, adopt:

(a) the rules necessary for communications to be made by Member States with regard to the bodies appointed to supervise ageing processes in accordance with Article 13(6);

(b) uniform rules for indicating the country of origin or the place of provenance in the description, presentation or labelling of spirit drinks referred to in Article 14;

(c) rules on the use of the Union symbol referred to in Article 16 in the description, presentation and labelling of spirit drinks;

(d) detailed technical rules on the Union reference methods of analysis referred to in Article 18.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(2).

CHAPTER III GEOGRAPHICAL INDICATIONS

Article 22

Product specification

A geographical indication protected under this Regulation shall comply with a product specification which shall include at least:

(a) the name to be protected as a geographical indication, as it is used, whether in trade or in common language, only in the languages which are or were historically used to describe the specific product in the defined geographical area, in the original script and in Latin transcription if different;

(b) the category of the spirit drink or the term ‘spirit drink’ if the spirit drink does not comply with the requirements laid down for the categories of spirit drinks set out in Annex I;

(c) a description of the characteristics of the spirit drink, including the raw materials from which it is produced, if appropriate, as well as the principal physical, chemical or organoleptic characteristics of the product and the specific characteristics of the product compared to spirit drinks of the same category;

(d) the definition of the geographical area delimited with regard to the link referred to in point (f);

(e) a description of the method of producing the spirit drink and, where appropriate, the authentic and unvarying local production methods;

(f) details establishing the link between a given quality, reputation or other characteristic of the spirit drink and its geographical origin;

(g) the names and addresses of the competent authorities or, if available, the names and addresses of the bodies that verify compliance with the provisions of the product specification pursuant to Article 38 and their specific tasks;

(h) any specific labelling rule for the geographical indication in question.

Where applicable, requirements regarding packaging shall be included in the product specification, accompanied by a justification showing why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular Union law on the free movement of goods and the free provision of services.

1a. The product specification may also include sustainable practices.

Technical files submitted as part of any application before 8 June 2019 under Regulation (EC) No 110/2008 shall be deemed to be product specifications under this Article.

Article 23

Single document

The single document shall contain the following:

(a) the main points of the product specification, including the name to be protected, the category to which the spirit drink belongs or the term ‘spirit drink’, the production method, a description of the characteristics of the spirit drink, a concise definition of the geographical area, and, where appropriate, specific rules concerning packaging and labelling;

(b) a description of the link between the spirit drink and its geographical origin as referred to in Article 3, point (4), including, where appropriate, the specific elements of the product description or production method justifying that link.

Article 34

Homonymous geographical indications

The protection of geographical indications under this Regulation shall be without prejudice to protected geographical indications and protected designations of origin of wine products under Regulation (EU) No 1308/2013.

Article 37

Existing registered geographical indications

Geographical indications of spirit drinks registered in Annex III to Regulation (EC) No 110/2008 and thus protected under that Regulation shall automatically be protected as geographical indications under this Regulation. The Commission shall list them in the register referred to in Article 33 of this Regulation.

Article 41

Delegated powers

The Commission is empowered to adopt delegated acts in accordance with Article 46 supplementing this Regulation by setting out further conditions to be followed, including in cases where a geographical area includes more than one country, in respect of:

(a) an application for the registration of a geographical indication as referred to in Articles 23 and 24; and

(b) preliminary national procedures as referred to in Article 24, scrutiny by the Commission, the opposition procedure, and the cancellation of geographical indications.

The Commission is empowered to adopt delegated acts in accordance with Article 46 supplementing this Regulation by establishing conditions and requirements for the procedure concerning the Union amendments and standard amendments, including temporary amendments, to product specifications as referred to in Article 31.

Article 42

Implementing powers

The Commission may adopt implementing acts concerning:

(a) the form of the product specification;

(b) the definition of the format and the online presentation of the single document provided for in Article 23;

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2) of Regulation (EU) 2024/1143 of the European Parliament and of the Council ([^E0012]).

CHAPTER IV CHECKS, EXCHANGE OF INFORMATION, MEMBER STATES' LEGISLATION

Article 43

Checks on spirit drinks

Member States shall be responsible for checks on spirit drinks. They shall take the measures necessary to ensure compliance with this Regulation and designate the competent authorities responsible for ensuring this Regulation is complied with.

The Commission shall ensure the uniform application of this Regulation and, where necessary, shall, by means of implementing acts, adopt the rules concerning administrative and physical checks to be conducted by the Member States with regard to the respect of the obligations resulting from the application of this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(2).

Article 44

Exchange of information

Member States and the Commission shall communicate to each other the information necessary for the application of this Regulation.

The Commission may adopt implementing acts concerning the nature and the type of the information to be exchanged and the methods for exchanging information.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(2).

Article 45

Member States' legislation

In applying a quality policy for spirit drinks produced in their own territory and in particular for geographical indications listed in the register or for the protection of new geographical indications, Member States may lay down rules on production, description, presentation and labelling that are stricter than those set out in Annexes I and II in so far as they are compatible with Union law.

Notwithstanding paragraph 1, Member States shall not prohibit or restrict the import, sale or consumption of spirit drinks produced in other Member States or third countries which comply with this Regulation.

CHAPTER V DELEGATION OF POWER, IMPLEMENTING PROVISIONS, TRANSITIONAL AND FINAL PROVISIONS

SECTION 1 Delegation of power and implementing provisions

Article 46

Exercise of the delegation

The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

The power to adopt delegated acts referred to in Articles 8 and 19 shall be conferred on the Commission for a period of seven years from 24 May 2019. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

The power to adopt delegated acts referred to in Articles 33 and 41 shall be conferred on the Commission for a period of five years from 24 May 2019. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

The power to adopt delegated acts referred to in Article 50 shall be conferred on the Commission for a period of six years from 24 May 2019.

The delegation of power referred to in Articles 8, 19, 33, 41 and 50 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

A delegated act adopted pursuant to Articles 8, 19, 33, 41 and 50 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 47

Committee procedure

The Commission shall be assisted by the Committee for Spirit Drinks established by Regulation (EEC) No 1576/89. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

SECTION 2 Derogation, transitional and final provisions

Article 48

Derogation from nominal quantities requirements in Directive 2007/45/EC

By way of derogation from Article 3 of Directive 2007/45/EC, and from the sixth row of section 1 of the Annex to that Directive, single distilled shochu ([^E0013]), produced by pot still and bottled in Japan, may be placed on the Union market in nominal quantities of 720 ml and 1 800 ml.

Article 49

Repeal

Without prejudice to Article 50, Regulation (EC) No 110/2008 is repealed with effect from 25 May 2021. However, Chapter III thereof is repealed with effect from 8 June 2019.

By way of derogation from paragraph 1:

(a) Article 17(2) of Regulation (EC) No 110/2008 shall continue to apply until 25 May 2021;

(b) Article 20 of Regulation (EC) No 110/2008 and, without prejudice to the applicability of the other provisions of Commission Implementing Regulation (EU) No 716/2013 ([^E0014]), Article 9 of that Implementing Regulation shall continue to apply until the completion of the procedures provided for in Article 9 of that Implementing Regulation but, in any event, no later than 25 May 2021; and

(c) Annex III to Regulation (EC) No 110/2008 shall continue to apply until the register referred to in Article 33 of this Regulation has been established.

References to Regulation (EC) No 110/2008 shall be construed as references to this Regulation and be read in accordance with the correlation table set out in Annex IV to this Regulation.

Article 50

Transitional measures

Products referred to in Article 1(1) of this Regulation which do not meet the requirements of this Regulation but which meet the requirements of Regulation (EC) No 110/2008 and were produced before 25 May 2021 may continue to be placed on the market until stocks are exhausted.

Notwithstanding paragraph 1 of this Article, spirit drinks the description, presentation or labelling of which is not in conformity with Articles 21 and 36 of this Regulation but complies with Articles 16 and 23 of Regulation (EC) No 110/2008 and which were labelled before 8 June 2019 may continue to be placed on the market until stocks are exhausted.

Until 25 May 2025, the Commission is empowered to adopt delegated acts in accordance with Article 46 amending Article 3(2), (3), (9), (10), (11) and (12), Article 10(6) and (7), and Articles 11, 12 and 13 or supplementing this Regulation by derogating from those provisions.

The delegated acts referred to in the first subparagraph shall be strictly limited to meeting demonstrated needs that result from market circumstances.

The Commission shall adopt a separate delegated act in respect of each definition, technical definition or requirement in the provisions referred to in the first subparagraph.

Articles 22 to 26, 31 and 32 of this Regulation shall not apply to applications for registration or for amendment or to requests for cancellation, which are pending on 8 June 2019. Articles 17(4), (5) and (6), 18 and 21 of Regulation (EC) No 110/2008 shall continue to apply to such applications and requests for cancellation.

The provisions on the opposition procedure referred to in Articles 27, 28 and 29 of this Regulation shall not apply to the applications for registration or to the applications for amendment, in relation to which the main specifications of the technical file or an application for amendment, respectively, have already been published for opposition in the Official Journal of the European Union on 8 June 2019. Article 17(7) of Regulation (EC) No 110/2008 shall continue to apply to such applications.

The provisions on the opposition procedure referred to in Articles 27, 28 and 29 of this Regulation shall not apply to a request for cancellation which is pending on 8 June 2019. Article 18 of Regulation (EC) No 110/2008 shall continue to apply to such requests for cancellation.

For the geographical indications registered under Chapter III of this Regulation and of which the application for registration was pending on the date of application of the implementing acts laying down detailed rules on the procedures for, form and presentation of, applications as referred to in Article 23 provided for in Article 42(2) of this Regulation, the register may provide direct access to the main specifications of the technical file within the meaning of Article 17(4) of Regulation (EC) No 110/2008.

In respect of geographical indications registered in accordance with Regulation (EC) No 110/2008 the Commission shall, at the request of a Member State, publish a single document submitted by that Member State in the Official Journal of the European Union. That publication shall be accompanied by the publication reference of the product specification and shall not be followed by an opposition procedure.

Article 51

Entry into force and application

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

It shall apply from 25 May 2021.

Notwithstanding paragraph 1, Article 14(2), Article 16, point (c) of Article 20, Articles 21, 22 and 23, Article 24(1), (2) and (3), the first and second subparagraphs of Article 24(4), Article 24(8) and (9), Articles 25 to 42, Articles 46 and 47, Article 50(1), (4) and (6), points 39(d) and 40(d) of Annex I and the definitions set out in Article 3 relating to those provisions shall apply from 8 June 2019.

The delegated acts provided for in Articles 8, 19 and 50, adopted in accordance with Article 46, and the implementing acts provided for in Article 8(4) and Articles 20, 43 and 44, adopted in accordance with Article 47, shall apply from 25 May 2021.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

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 %.

(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:
(i) the term ‘traditionnel’ or ‘tradicional’, provided that the rum in question:
— has been produced by distillation at less than 90 % vol., after alcoholic fermentation of alcohol-producing materials originating exclusively from the place of production considered, and
— has a volatile substances content equal to or exceeding 225 grams per hectolitre of 100 % vol. alcohol, and
— is not sweetened;
(ii) the term ‘agricultural’, provided that the rum in question complies with the requirements under point (i) and has been produced exclusively by distillation after alcoholic fermentation of sugar-cane juice. The term ‘agricultural’ may only be used in the case of a geographical indication of a French Overseas Department or the Autonomous Region of Madeira. 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:
(i) distillation of a mash made from malted cereals, with or without whole grains of unmalted cereals, which has been:
— saccharified by the diastase of the malt contained therein, with or without other natural enzymes,
— fermented by the action of yeast;
(ii) each and every distillation is carried out at less than 94,8 % vol., so that the distillate has an aroma and taste derived from the raw materials used;
(iii) maturation of the final distillate for at least three years in wooden casks not exceeding 700 litres capacity. 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 %.

(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 %.

(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:
(i) it is produced exclusively by the distillation at less than 86 % vol. of wine, wine fortified for distillation or wine distillate;
(ii) it has a volatile substances content equal to or exceeding 125 grams per hectolitre of 100 % vol. alcohol;
(iii) it has a maximum methanol content of 200 grams per hectolitre of 100 % vol. alcohol.

(b) The minimum alcoholic strength by volume of wine spirit shall be 37,5 %.

(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:
(i) it is produced from wine spirit to which wine distillate may be added, provided that that wine distillate has been distilled at less than 94,8 % vol. and does not exceed a maximum of 50 % of the alcoholic content of the finished product;
(ii) it has matured for at least:
— one year in oak receptacles with a capacity of at least 1 000 litres each; or
— six months in oak casks with a capacity of less than 1 000 litres each;
(iii) it has a volatile substances content equal to or exceeding 125 grams per hectolitre of 100 % vol. alcohol, and derived exclusively from the distillation of the raw materials used;
(iv) it has a maximum methanol content of 200 grams per hectolitre of 100 % vol. alcohol.

(b) The minimum alcoholic strength by volume of brandy or Weinbrand shall be 36 %.

(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:
(i) it is produced exclusively from grape marc fermented and distilled either directly by water vapour or after water has been added and both of the following conditions are fulfilled:
— each and every distillation is carried out at less than 86 % vol.;
— the first distillation is carried out in the presence of the marc itself;
(ii) a quantity of lees may be added to the grape marc that does not exceed 25 kg of lees per 100 kg of grape marc used;
(iii) the quantity of alcohol derived from the lees shall not exceed 35 % of the total quantity of alcohol in the finished product;
(iv) it has a volatile substances content equal to or exceeding 140 grams per hectolitre of 100 % vol. alcohol and has a maximum methanol content of 1 000 grams per hectolitre of 100 % vol. alcohol.

(b) The minimum alcoholic strength by volume of grape marc spirit or grape marc shall be 37,5 %.

(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:
(i) it is produced exclusively by fermentation and distillation of fruit marc other than grape marc and both of the following conditions are fulfilled:
— each and every distillation is carried out at less than 86 % vol.;
— the first distillation is carried out in the presence of the marc itself;
(ii) it has a minimum volatile substances content of 200 grams per hectolitre of 100 % vol. alcohol;
(iii) the maximum methanol content shall be 1 500 grams per hectolitre of 100 % vol. alcohol;
(iv) the maximum hydrocyanic acid content shall be 7 grams per hectolitre of 100 % vol. alcohol in the case of stone-fruit marc spirit.

(b) The minimum alcoholic strength by volume of fruit marc spirit shall be 37,5 %.

(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 %.

(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:
(i) it is produced exclusively by the alcoholic fermentation and distillation, with or without stones, of fresh and fleshy fruit, including bananas, or the must of such fruit, berries or vegetables;
(ii) each and every distillation shall be carried out at less than 86 % vol. so that the distillate has an aroma and taste derived from the raw materials distilled;
(iii) it has a volatile substances content equal to or exceeding 200 grams per hectolitre of 100 % vol. alcohol;
(iv) in the case of stone-fruit spirits, it has a hydrocyanic acid content not exceeding 7 grams per hectolitre of 100 % vol. alcohol.

(b) The maximum methanol content of fruit spirit shall be 1 000 grams per hectolitre of 100 % vol. alcohol, except:
(i) in the case of fruit spirits produced from the following fruits or berries, and in respect of which the maximum methanol content shall be 1 200 grams per hectolitre of 100 % vol. alcohol:
— apple (Malus domestica Borkh.),
— apricots (Prunus armeniaca L.),
— plum (Prunus domestica L.),
— quetsch (Prunus domestica L.),
— mirabelle (Prunus domestica L. subsp. syriaca (Borkh.) Janch. ex Mansf.),
— peach (Prunus persica (L.) Batsch),
— pear (Pyrus communis L.), except for Williams pears (Pyrus communis L. cv ‘Williams’),
— blackberry (Rubus sect. Rubus),
— raspberry (Rubus idaeus L.).
(ii) in the case of fruit spirits produced from the following fruits or berries, and in respect of which the maximum methanol content shall be 1 350 grams per hectolitre of 100 % vol. alcohol:
— quince (Cydonia oblonga Mill.),
— juniper berry (Juniperus communis L. or Juniperus oxicedrus L.),
— Williams pear (Pyrus communis L. cv ‘Williams’),
— blackcurrant (Ribes nigrum L.),
— redcurrant (Ribes rubrum L.),
— rosehip (Rosa canina L.),
— elderberry (Sambucus nigra L.),
— rowanberry (Sorbus aucuparia L.),
— sorb apple (Sorbus domestica L.),
— wild service tree (Sorbus torminalis (L.) Crantz).

(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.

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