Definition, description, presentation, labelling and geographical indications of spirit drinks
Harmonising measures regarding Community marketing of spirit drinks helps to protect consumers and further develop the sector. This legal framework favours the introduction of technological innovation alongside traditional methods of production.
ACT
Regulation (EC) No 110/2008 of the European Parliament and the Council of 15 January 2008 on the definition, description, presentation, labelling and protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89.
SUMMARY
Spirit drinks * marketed in the Community or produced in the Community for export purposes comply with the definition, classification and technical requirements of this Regulation. For instance, if alcohol is added, it must be ethyl alcohol of agricultural origin.
Spirit drink categories covered by the Regulation include:
- drinks obtained from raw materials listed in the relevant definition for the spirit drink concerned: "rum", "whisky or whiskey", "grain spirit", "wine spirit", "brandy or Weinbrand", "grape marc spirit or grape marc", "fruit marc spirit", "raisin spirit or raisin brandy", "fruit spirit", "cider spirit and perry spirit", "honey spirit", "Hefebrand or lees spirit", "Bierbrand or beer eau de vie", "Topinambur or Jerusalem artichoke spirit";
- drinks obtained from any agricultural raw material listed in the Treaty: "vodka", "spirit (preceded by the name of the fruit) obtained by maceration and distillation", "geist", "gentian", "juniper-flavoured spirit drinks", "gin", "distilled gin", "London gin", "caraway-flavoured spirit drinks", "akvavit or aquavit", "aniseed-flavoured spirit drinks", "pastis", "pastis de Marseille", "anis", "distilled anis", "bitter-tasting spirit drinks or bitter", "flavoured vodka", "liqueur", "crèmes de (follow by the name of a fruit or the raw material used)", "crème de cassis", "guignolet", "punch au rhum", "sloe gin", "sambuca", "maraschino, marrasquino or maraskino", "nocino", "egg liqueur or advocaat, avocat or advokat". "liqueur with egg", "mistrà", "Väkevä glögi or spritglögg", "Berenburg or beerenburg", "honey or mead nectar".
With regard to sales denominations, the names of these categories of drinks may only be used if they display certain characteristics. Moreover, the denomination may be supplemented or replaced by a geographical indication registered in the Regulation.
Spirit drinks that cannot be classified in one of these categories are marketed under the generic denomination "spirit drink".
The Regulation includes the list of geographical indications, classified by product category, and sets out the related provisions. These indications identify drinks having a particular link with their place of origin and have the benefit of specific legal protection against erroneous use. Geographical indications are registered in the list following a submission made to the Commission by the Member State in which the drink originates. The Commission may also annul registration where the drink concerned no longer possesses the characteristics listed in the technical file accompanying the registration application.
The Committee for Spirit Drinks assists the Commission.
| Key terms used in the act |
|---|
| Spirit drink: alcoholic drink with particular organoleptic qualities, with a minimum alcohol strength by volume of 15%, produced either by distillation, maceration or the addition of flavourings, or by mixing with one or more other products. |
REFERENCES
| Act | Entry into force - Date of expiry | Deadline for transposition in the Member States | Official Journal |
|---|---|---|---|
| Regulation (EC) No 110/2008 [adoption: codecision COD/2005/0125] | 20.2.2008 | - | OJ L 39 of 13.2.2008 |
RELATED ACTS
Commission Regulation (EC) No 2870/2000 of 19 December 2000 laying down Community reference methods for the analysis of spirit drinks [Official Journal L 333 of 29.12.2000].
The adoption of Community reference methods for analysis helps to ensure compliance with the Regulation on the definition, description, presentation, labelling and protection of geographical indications of spirit drinks. The procedures detailed in the present Regulation should be applied for any official control or in the event of dispute.
Commission Regulation (EC) No 1267/94 of 1 June 1994 applying the agreements between the European Union and third countries on the mutual recognition of certain spirit drinks [Official Journal L 138 of 2.6.1994].
Following agreements between the European Union and the USA and Mexico, the use of descriptions for certain spirit drinks (including "Tennessee Whisky or Tennessee Whiskey", "Bourbon Whisky or Bourbon Whiskey or Bourbon as a description of Bourbon Whiskey", "Tequila" and "Mezcal") must conform to the law in those countries.