ORGANIZACION MUNDIAL 
DEL COMERCIO 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio IPINII/GBRlG/2 
6 de agosto de 1996 
(96-3133) 
Original: ingles 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS DE CONFORMIDAD 
CON EL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Reino Unido 
En el presente documento se reproducenl las siguientes leyes y reglamentos, notificados por 
el Reino Unido de conformidad con el parrafo 2 del articulo 63 del Acuerdo (vease el documento 
IP/N/1IGBRl1): 
Reglamento (CEE) N° 1576/89 del Consejo, de 29 de mayo de 1989 
Reglamento (CEE) N° 1601191 de 10 de junio de 1991 
Reglamento (CE) N° 3378/94 del Parlamento Europeo y 
del Consejo, de 22 de diciembre de 1994 
tEn ingles solamente. 2 
19 
28 IP/NIlIGBRlG/2 
Pagina 2 
12.6.89 Official Journal of the European Communities No L 160/1 
(Acts whose pubfiaztioll is obligatory) 
COU~CIL REGULATION (EEC) No 1576/89 
of 29 May 1989 
bying down general rull!s on the definition, description and preselltation of spirit drinks 
THE COUl'CIL 'OF THE EUROPEA~ COM~fU~(T(ES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 43 and 
100a thereof, 
H,l\'ing regard to the proposal from the. Commission (1), 
In cooperation with the European Parliament (~), 
Ha\'ing regard to the opinion of the Economic and Social 
Committee (3), 
\,\/hereas at the moment there are no specific Community 
provisions governing spirit drinks, in particular as concerns 
the definition of these products and the requirements relating 
to their description and presentation; whereas, gi\'en the 
economic importance of these products, it is necessary, in 
order to assist the functioning of the common market, to lar 
down common pro\'isions on this subject; 
Whereas spirit drinks constitute a mo:!jor outlet for 
Community agriculture; whereas this ourler is largely the 
result of the reputation which these products have acquired 
throughout the Community and on the world m3rket; 
\ .... hereas this reputation can be attributed to the quality of 
traditional products; whereas a certain quality standard 
should therefore be nl3intained for the products in question if 
this outlet is to be preserved; whereas the appropriate means 
of maintaining this quality standard is to define the products 
in question taking into account the traditional practices on 
which their reputation is based; whereas, moreover, the 
terms thus defined should be used only for products of the 
s:lIne quality as traditional products so as to prevent their 
being de\'alued; 
(I) OJ ~o C 189.23.7.1982, p. 7 :lnd OJ No C 269, 25.10.1986, 
p.4·. 
(~) Opinion published in OJ ~o C 127,14.5.1984, p. 175 and 
Decision of 24 }'by 1989 (no! reI published in [he Official 
Journal). 
(» OJ No C 124,9.5. 1983, p. 16. Whereas Community rules should reserve, for certain 
territories among which certain counrries may, by way of 
exception, appear, the lIse of geogra?hical designations 
referring to them, provided that the sta£es of production 
during which the finished product acquires its characteristics 
and definitive properties are completed in the geographical 
area in question; whereas, by thus conferring exclusive rights 
on the producers concerned, the Cor.imunity rules will 
ensure that the designations in question continue to serve as 
indications of provenance and will p:e\'enr them from 
entering the public domain and becoming generic terms; 
whereas the designations in ques:ion also perform the 
function of informing the consumer as to the pro\'enance of 
products characterized br the ra\\" m:lterials used or by the 
special pr'ocesses employed in their l7lar.'JfClcture; 
\'\'hereas the normal and customary means of informing the 
consumer is to include certain inform;ltion on the label; 
whereas the labelling of spirit drinks is subject to the general 
rules laid down in Council Direcri\'e 791112/EEC of 18 
December 1978 on the approximation of the laws of the 
Member States relatirlg re Jabellin3, presentation a.nd 
advertising of foodstuffs (4), as last amended by Directive 
8611971EEC (-l); whereas, in view of the nature of the 
products in question and so that .he consumer may have 
fuller information, specific pro\'isions o:!dditional to these 
general rules should be adopted and whereas, in particular, 
there should be incorporated, in the ddinition of products, 
concepts relating to maturation 2nd minimum alcoholic' 
strength for release for human COfisuii1?:ion; 
W'hereas, although Directive 7911121EEC requires the 
printing of cerrain particulars on the I::belling, it is somewhat 
lacking in clariry as regards the place of m3nufacture; 
whereas this concept is of panicula: imporrance in the seeror 
of the drinks concerned owing to the £:JCt that the consumer 
often makes an 2ssoci:ltion between the drinks in question 
and the place of its manufacture; whereas the absence of such 
an indication may give the consumer the impression of a false 
origin; \I/hereas this danger should be avoided by 
(i) OJ No L 33, 8.2. 1979, p. 1. 
(1) OJ No L 144,29.5. 19S6, p. 38. IP IN IlIGBRlG/2 
Pagina 3 
No L 160/2 Official Journal of the European Communities 12. 6. 89 
m:lking it obligator)" in certain cases, to state the place of 
manufacture on the labelling; 
\'\!hereas addition;:1 requirements should, in certain cases, 
also be laid down; whereas, in parricubr, when echyl alcohol 
is used it should be required chat it be solei}' of ClEriculcurJl 
origin, as is already cusromJry in the Community, so as to 
continue to ensure a mJjor outlet for basic agricultural 
products; 
Whereas Council Directi\·e SOn7S/EEC of 15 July 1980 
relating to the qU:llity of water intended for hum:ln 
consumption (I). and Council Direcci\·e 8017771EEC of 15 
July 1~80 on the approximation of the laws of the l-.·1embcr 
Stltes relating to the exploitation and marketing of narurJI 
mineral waters(!), as bst amended by the Act of Accession of 
Spain and Portugal, by down the characteristics of the WJter 
which may be used in foodstuffs; whereas reference should be 
made thereto: 
\,\fhereas Council Directive SOl 3SS/EEC of 22June 1988 on 
the approximation of the bws of the :Member States relating 
to flavourings for use in foodstuffs and [Q source materials 
for their production (1) putS forward definitions of various 
terms liable to be used in connection with flavouring: 
\ .... hereas the same terminology should be used in this 
Regulation; 
Whereas specific provisions should be adopted concerning 
description and presentation for imported spirit drinks, 
bearing in mind the Community's commitments in irs 
relations with third countries; 
\Vhereas, in order to defend the reputation of Community 
products on the world market, the same rules should be 
extended to exported products, except where there are 
contrary prorisions, be:uing in mind traditional habits and 
practices; 
Whereas it is prcfer:lble to act br W:ly of a Regulation in order 
to ensure the uniform and simultaneous implementation of 
the measures in question; 
\~Ihereas, to simplify and expedire the procedure, the 
Commission should be entrusted with adop~ing 
implementing measures of a technical naturej whereas, for 
this purpose, pro\·ision should be made for Cl procedure 
whereby the J\'lember Stares and the Commission can 
cooperate closely within an implementation committee; 
Whereas transi.ional measures are necessary to facilitate the 
changeover to the system introduced by this Regulation, 
(I) OJ 1':0 L 229, 30. S. 19S0, p. 11. 
(1) OJ 1':0 L 229, 30. S. 19S0, p. l. 
(') OJ No L 184, 15.7.1983, p. 61. HAS ADOPTED THIS REGULATION: 
Article 1 
1. This Regubtion b)'s down the general rules on the 
definition, description and presentation of spirit drinks. 
2. For the purposes of this Regulation spirit drink shall 
mean an alcoholic liquid: 
intended fo~ human consumption, 
having parricular organoleptic qualities and, except in 
the case of the products listed under point I of Annex Ill, a 
minimum alcoholic strength of 15 % vo), and 
produced 
either directly by the distillation, with or without 
added flavourings, of natural fermented products, 
andlor by the maceration of vegerable substances 
and lor the addition of flavourings, sugars or other 
sweetening products listed in paragraph 3 (a) andlor 
other agricultural products to ethyl alcohol of 
agricultural origin andlor to distillate of agricultural 
origin andlor to spirit as defined in this 
Regulation 
or by the mixture of a spirit ·drink with: 
one or more other spirit drinks, 
ethyl alcohol of agricultural origin, distillate of 
agricultural origin or spirit, 
one or more alcoholic drinks, 
one or more drinks. 
However, drinks falling within CN codes 2203 00, 2204, 
2205, 2206 00 and 2207 shall not be considered spirit 
drinks. 
3. Preliminary definitions 
For the purposes of this Regulation, the following terms sh:!lI 
hJ\·e the meanings indicated: 
(a) sweetening: 
using one or more of the following products in the 
preparation of spirit drinks: 
semi-white sugar, white sug:lr, refined white sugar, 
dextrose, fructose, glucose syrup, liquid sugar, ifl:ven 
liquid sugar, invert sug:lr syrup, rectified concentrated 
grape must, concentrated grape must, fresh grape must, 
burned sugar, honey, carob srrup, or using other 
natural carbohydrate substances having a similar effect 
to the above products. 
'Burned sugar' means the product obtained exclusivel)" 
from the controlled heating of slJcrose without bases, 
mineral acids or other chemic:l1 additives; IP/N/1/GBR/G/2 
Pagina 4 
12. 6. 89 Official Journal of the European Communities 1'0 L 16013 
(b) mixing: 
combining t\\'o or more! different d~inks to make a ne\v 
drink; 
(c) addition of alcohol: 
adding ethyl alcohol of agricultural origin [0 a spirit 
drink; 
(d) blending: 
combining twO or more spirit drinks belonging to the 
same category and distinguished only by minor 
differences in composition due to one or more of the 
following factors: 
the methods of prep:tration themseh-es, 
the stills empJo)'ed, 
the period of maturation or ageing, 
the geographical area of production. 
The spirit drink so produced bdongs [0 the SJme 
category as the original spirit drinks before blending; 
(e) macuration or ageing: 
allowing certain reactions to de\'elop n:lturally in 
appropriate containers, thereby giving the spirit drink in 
question organoleptic qualities pre\'iously absent; 
(f) navouring: 
using in the preparation of spirit drinks one or more of 
the navomings defined in Article 1 (2) (a) of Directive 
SS/3SS/EEC; 
(g) colouring: 
using one or more color:mts in the preparation of spirit 
drinks; 
(h) e,hyl alcohol of agricultural origin: 
ethyl alcohol which possesses the properties listed in 
Annex I to this Regulation and has been obtained by the 
distillation, after alcoholic fermentation, of agricultural 
products listed in Annex 11 to the Treat;.:, excluding spirit 
drinks as defined in paragraph 2. \\o'here reference is 
made to the raw moterial used, the alcohol must be 
obtained solely from th:tt raw material; 
(i) distillate of agricultural origin: 
an alcoholic liquid which is obtained by ~he distillation, 
after alcoholic fermentation, of agricultural products 
listed in Annex II to the Treaty but which does not have 
the properties of ethyl alcohol as defined in (h) or of a 
spirit drink but still retains the aroma and taste of the 
row materials used. \X1here reference is made to the raw 
material used, the distillate must be obtained solely from 
that raw material; (j) alcoholic strength br volume: 
the ratio of the volume of p~~e ;:,!conol preSCi1( in the 
product in question :H 20 °C re> :~.e to::tl \'o:ume of that 
product at the same tempera:t.:~e; 
(k) \'olatile substances content: 
the quantity of volatile SUbsi:!i.CeS o:her th:!!'! ethyl and 
methyl alcohol contained i:1 ::. spirit drink obtained 
exclusi\'cly by distill:nion, as ::. result solely of the 
distillation or redistillation or r~,:: raw macerials used; 
(1) plJce of manuf:tcture: 
the place or region in which t~e:= rook place that stage in 
the process of manufacturing t!"::: :~nis:'1ed product which 
conferred on the spirit drink i:5 .:i12rJcter and essential 
definiti\'e qualities; 
(m) category of spirit drinks: all s~:~:: a:i:1ks cO';ered by the 
same definition. 
4. Definition of different categG~:es o~ spirit drinks 
For the purposes of this Regulatio:1 t::e fo!lo\\'ing terms shall 
h:l\'C the meanings indic2.ted: 
(a) Rum: 
(1) A spirit ,drink produced e:.:clt.;sively by alcoholic 
fermentation and clistilb:::~, ei:her from molasses 
or syrup produced in the rT.,;:":uL,cture of cane sugar 
or from sugar-cane juice i:seli 2!'!d dis:illed at less 
than 96 % vol s'o tb: ,he distill:m has the 
discernible specific org;::-::>:ptic cha!'accer.istics of 
rum. 
(2) The spine produced ex::'Jsi';ely b:; alcoholic 
fermentation and distiIL,:;o.-: of sugar-cane juice 
which has the arom?tic c~,:':"2.:reristics specific to 
rum and a content of \'oL:.~::;: s:.:bstances equal to or 
exceeding 225 grams p;:~ :"':'ctoliue of alcohol of 
100 % \'01. This spirit r.:=:: be mark~ted \\'ith the 
word 'agricultural' qU2~if:.-::",g d'.e designation 'rum' 
accompanied by ;J.:-.:; of the geographical 
dcsignJtions of the Fre;-::~, O,'erseas Departments 
as listed in Annex 11, 
(b) . \\'hisJ.:.y or whiskey: 
A spirit drink produced by tr.: cisril!ation of a mash of 
cereals 
saccharified by the di?'5~as! of the malt contained 
therein, with or \\'itho~~ o:::er natural enzymes, 
fermented by the action 0: yeas:, 
distilled at less than 94,S % \'01, so that the distillate 
has an aroma and tas:e deri\'ed from the raw 
materials used, 
and matured for at least three )~Jrs in wooden casks not 
exceeding 700 litres capaci,:)'. IP IN I lIGBR/G/2 
Pagina 5 
No L 160/4 Official Journal of the Euro C .. pean ommunttlcs 12. 6. 89 
(c) Grain spirit: 
(1) :\ spirit drink produced by the distillation of Cl 
fermented m:1sh of cere:1ls and h;l\'ing organoleptic 
ch:lracteristics derived from the raw materials 
used. 
'Grain spirit' m:-ly be replaced by Kom or 
Konzbr:uzd, for the drink produced jn Germam' 
and in regions of the Community where German j's 
one of the official Iangu<1ges provided that this 
drink is traditionally produced in these regions and 
if the grain spirit is obtained there without any 
additive: 
either exclusi\'ely by the distillation of a 
fermented mash of whole grains of wheat, 
barley, oats, rye or buckwheat with all their 
component pans, 
or by the redis~illation of a distillate obtained in 
accordance with the first subparagraph. 
(2) For a grain spirit to be design:lted 'grain br.711dy', it 
must have been obtained by distillation at less than 
95 % \"01 from a fermented mash of cereals, 
presenting organoleptic features deriving from the 
raw materials used. . 
(d) \"\!ine spirit: 
A spirit drink 
produced exclusi\'elr by the distillation at less than 
86 % \'01 of wi .. e or wine fortified for distilb.tion or 
by the redistilbtion of 3. wine distillate at less than 
86% vol, 
containing a quantity of volatile substances equ::d to 
or exceeding 125 grams per hectolitre of 100 % vol 
alcohol, and 
having a maximum methyl alcohol content of 200 
grams per hectolitre of 100 % \'01 alcohol. 
\\'here this drink has been matured, it may continue to 
be marketed as 'wine spirit' if it has matured for as long 
as, or longer than, the period stipulated for the product 
referred to in (e). 
. (e) Brandy or WeiJlbr.1Ild: 
A spirit drink 
produced from wine spirit, whether or not blended 
with a wine distillate distilled at less th:m 94,8 % vol 
provided that the said distillate does not exceed a 
maximum of 50 % by volume of the finished 
product, 
matured for at least one year in 03k receptables or for 
at least six months in o:lk casks with 2 cap3cit)' of less 
th:m 1 000 litres I 
containing a quan~ir)' of volatile substances equal to 
or exceeding 125 grams per hectolirre of 100 % vol 
alcohol, and derived exclusively from the distillation 
or rcdisrillation of (he raw materials used, 
h:H'ing :l Ill:lximum methyl alcohol content of 200 
grams per hcccolirre of 100 % \'01 alcohol.' (f) Grape marc spirit or br.l~e n.1rc: 
(1) (a) A spirit drink 
produced f~Or.l £:,.lpe m;1[C fermented and 
distilled ei:r.cr ckcccl)' by water vapour, or 
:tfter water has teen :ldded; a percentage of 
Ices th;lt is to b:: determined i:1 :lccordance 
with [he pro::cd;;~c bid down in Article 15 
Ill:ly be add::d to :hc rn:lrc, the distillation 
being Clrricd 0'.;, in the presence of the 
mar~ itself a: less than 86 % vol. 
Redisrilbrio:l :l: the S:llne alcoholic 
strength is :lJchorizcd, 
containing a cCl:1~:irv of vobtile substances 
equ:t1 to ~ or' o:.::eeding 140 gr3ms per 
hecrolitre of lOO~~ \'01 alcohol and having 
n maximur:-: methyl alcohol content of 
1 000 grar.~s per hcc{olitre of 100 % vol 
alcohol. 
(b) Howe\'er, duri:1g the transitional period 
provided for Pcr,~pl in thc 1985 Act of 
Accession, subp::.r::.sr.1ph (a) shall not preclude 
che marketing i;: Pormgnl of grape marc spirit 
produced in Portupl :lnd having a maximum 
methyl alcohol co~,ent of 1 500 grams per 
hectolitre of 100 % \'01 alcohol. 
(2) The name 'grape marc' or 'grape marc spirit' may be 
replaced by che des!gn:;::on grappa solely for the 
spirit drink produced i:1 l:al)'. 
(g) Fruit marc spirit: 
A spirit drink produced r.:; the fermentation and 
distillation of fruit marc. The distillation conditions, 
product characteristics 2:1C other provisions shall be 
established ill nccordance \';i:;, the procedUie laid down 
in Anicle 15. 
(h) Raisin spiri\ or r.-:isi,t br.:I:dy: 
A spirit drink produced b:' rh:: distillation of the product 
obtained by the :1lcohok f~~i11ent:1tion of extract of 
dried grapes of the 'Cori;-d 2hck' or 'rv1alaga muscat' 
varieties, distilled at less r:'::.:-. 94,5 % vol, so that the 
distillate h:15 an arOr:13. 2.:1d ",src deri\'cd from the raw 
material used . 
(i) Fruit spirits: 
(1) (a) Spirit drinks 
produced excL:sively by the alcoholic 
fermentatio:1 ad dist~llation of tleshy fruit 
or must of such fruit, with or without 
stones, 
distilled at less .han S6 % \'01 so that the 
distillate has an aroma and taste derived 
from the frl:irs distilled, 
having a qUJ:l:i,y of volatile substances 
equal to O~ exceeding 200 grams per 
hecrolitre of 100% vol alcohol. and 
h:1ving a m:J:I..:ir::'Jil1 methyl alcohol content 
of 1 000 grams fer hectolitrc of 100 % vol 
alcohol, ani IP/N/lIGBR/G/2 
Pagina 6 
12. 6. 89 Official Journal of the European Communities No L 160/5 
in the case of stone-fruit spirits, ha\'ing Cl 
hrdrocranic acid content not exceeding 10 
£rJms per hecwlicre of 100 % vol 
alcohol, 
(b) Derogations from the provisions of the third, 
fourth and fifth indents of subPJragraph (a) 
mar be adopted in accordance with 'the 
procedure bid down in Article 15, in 
particular where the manufacture <lnd sale of 
traditional products prO\'ide a subst:mtial 
proportion of the income of cerrain fruit 
producers in the Community, 
(c) Drinks thus defined shall be called 'spirit' 
preceded by the name of the fruit, such JS: 
cherry spirit or kiTsch, plum spirit or slivovitz, 
mirabelle, peach, apple, rear, apricot, fig, 
citrus or grape spirit or other fruit spirits. They 
may also be called 1l',1Sser, with the name of the 
fruit. 
The name \'!?illi,711!s may be used only to 
describe pear spirit produced solely from pears 
of the '\X;illiams' \'ariety. 
Whenever twO or more fruits are distilled 
together, the prodllct sbll be called 'fruit 
spirit'. The r.ame mar be supplemented by that 
of each fruit, in decreasing order of quantity 
used, 
(d) The cases and conditions in which the name of 
the fruit m?,y repl<1ce the name 'spirit' preceded 
by the name of the fruit in question shall be 
determined in accordance the procedure laid 
down in Article 15. 
(2) The name 'sp:rit' preceded by the name of the fruit 
may also be used for spirit drinks produced by 
macerating, within the minimum piOporrion of 1 00 
kilograms of fruit per 20 litres of 100 % \'01 alcohol, 
certai:1 berri-;s and other frllit such as raspberries, 
blackberries, bilberries and o:ners, whether 
p:mially fermented or llllfermenred, in ethyl 
alcohol of agricultural origin or in spirit or distillate 
as defined in this Regulation, followed by 
distillation. 
The conditions for using che name 'spirit' preceded 
by [he name of the fruit with a riew to avoiding 
confusion with [he fruit spirits in point 1 and the 
fruit in ques~ion shall be determined by che 
procedure hid down in Article 15. 
(3) The SpIrit drinks obtained by macerating 
unfermented whole fruit sllch as that referred to in 
point 2 in ethyl alcohol of agriculwral origin, 
followed by distillation, may be called 'geist', with 
the /lame of the frllit. (j) Cider spirit, cider br.1I:dy or pea;> spirit: 
Spirit drinks 
produced exclusively by the disti!LHion of cider or 
perry, and 
s:nisf),ing the requirements of the second, third and 
fourth indents of subp:1ragr3?h (i) (1) (3.) relating to 
fruit spiritS. 
(k) Gentian spirit: 
A spirit drink produced from a dis:illate of gentian, itself 
obtained by che fermenr:Hion of gentian roots with or 
without the addition of cchrl ~:C(lhol of a.griculrural 
origin. 
(I) Fruit spirit drinks: 
(1) Spirit drinks obtained by rr.accraring fruit in ethyl 
alcohol of agricultural orig!~ and/or in distillate of 
agricultural origin and/or ir: spirit a.s defined in this 
Regulation and within a r:li:::r.lllm propOrtion to be 
determined by means of the procedure bid do\,·:n in 
Article 15. 
The flavouring of these SpIrit drinks may be 
supplemented by fl:n-ouri:1g substances and/or 
flavouring preparations o:her than those which 
come from the fruit usea, These flavouring 
substances and flavouring p:epar:uions are defined 
respecti\'ely in Article 1 (2) (b) (i) and (c) of 
Directi';e 8S/388/EEC. However, the 
char:lcteristic taste of the d:t~k and its colour must 
come exclusively from the fruit used, 
(2) The drinks so defined shall be called 'spirit drinks' 
or 'spirit' preceded by the ~ame of the fruit. The 
cases and conditions in wh::h the name of the fruit 
may repbce th'ose names s~all be determined by 
means of the procedure bid down in Article 15. 
However, the n:>.rne P,7C/:.:-.:1I may be used solely 
for the 'fruit spirit drink' r;-:;::-;'Jh::tLlred in Spain and 
obtained by macerating s~o~s (pml1l1S espillosa) 
within the minimum propxtio!1 of 250 grams of 
fruit per litre of pure alco~,ol. 
(rn) JlIniper-fia\'oured spirit drinks: 
(1) (a) Spirit drinks produce.::! by fla\'ouring ethyl 
alcohol of agricllltu.ai origin and/or grain 
spirit and/ or grain distillate with juniper 
(j:m:,pems communis) berries. 
Other natural a!lc / or nature-identical 
fla':ouring substances as defined in Article 1 
(2) (b) (i) and (ii) of Directi\'e 88/388/EEC 
and/or flavouring p=eparations defined in 
Article 1 (2) (c) of tn:H Directive, and/or 
aromatic planes or p3.~ts of aromatic plants 
ma)' be used in additio:1, but the organoleptic 
characteristics of jun!?er must be discernible,. 
even if the)' are sorn~:irnes :Htenuated. IP IN /l IGBRlG/2 
Pagina 7 
NoL160/6 Offici:ll Journal of the European Comr.wnities 12. 6. 89 
(b) The drinks ma)' be c:llled W't1cholder, ginebra, 
or g.::nebrJ, Use of these n:lmcs is to be 
determined in .lCCOrd;lnce with the procedure 
laid down in Aniclc 15, 
(c) The alcohols used for the spirit drinks called 
gCl:iez.:rt!, jcncIJcr, geJ:CL'er and peke!, muse be 
organolepticallf suitable for ehe manufacture 
of ehe aforementioned products and have a 
maximum methyl content of 5 grams per 
hecrolirrc of 100 % \"01 alcohol and a 
maximum aldehyde coment expressed as 
acetaldehyde of 0,2 gr:llllS per hectolitre of 
100 % vol alcohol. ] II the case of such 
produces, the taste of juniper berries need not 
be discernible, 
(2) (a) The drink may be called 'g:II' if it is produced 
by fLl\'ouring organoleptically suitable ethyl 
alcohol of agricultural origin with natural 
and/or nature-identical fl:wouring substances 
as defined in Article 1 (2) (b) (i) and (ii) of 
Directi\'e 88/3SS/EEC andlor flavouring 
preparations as defined in Article 1 (2) (c) of 
that Directive so that the taste is 
predomin:lnrly that of juniper. 
(b) The drink may be called 'distilled gin' if it is 
produced solely by redisrilling organo­
leptical1,' suitable ethyl alcohol of agricultural 
origin of an appropriate qu:dity with an initill 
alcoholic strength of ar least 96 % \'01 in stills 
tradition::llly used for gin, in the presence of 
juniper berries and of other natural botanicals 
provided that the juniper taste is predominant, 
The term 'distilled gill' n1l}" also apply to a 
mixture of the product of such distillation and 
ethyl alcohol of agriculcural origin with the 
S3me composition, purity :ll1d alcoholic 
strength. Natural andlor nature-identical 
flavouring substances ;1ild/or fla\'ouring 
preparatio:1s as specified at (a) may also be 
used [0 fla\'our distilled gill. LOlldol/ gill is a 
type of disti!1ed gil:. 
Gill obtained simply by adding essences or 
flavourings [0 ethyl alcohol of agricultural 
origin shall not qU:llify for the description 
'distilled gill', 
(n) Cara\var-flavoured spirit drinks: 
(1) Spirit drinks produced by flavouring ethyl alcohol 
of agricultural origin with caraway (Carum canli 
L.). 
Other narur.J.I and lor nature-identical fl3vouring 
subsr:mces as defillcd in Anicle 1 (2) (b) (i) and (ii) of Direcri\'e SS/3SS/EEC andlor flavourin a 
prepar:ltions as defi~cd in Article 1 (2) (c) of tha~ 
Di:ectivc rilly addi:ior::dry be used but there must 
be a preJorninant r.:s:e of caraway. 
(2) (a) The spirit drir:~s d::fined in point 1 may also be 
called akuaL';"! or ".:j:wL·it if the}' are flavoured 
with a distil\::i:e 0: plants or spices. 
Othcr fl:1Vou~ing substances specified in the 
second subparagr::?h of poim 1 may be used in 
:lc1Jition, but the na\'our of these drinks is 
brgely attrib:.;::tble [0 distiJ1ates of caraW:l), 
andl or dill (A,·:c·t/;:1II1 griwco!ens L.) seeds, the 
Use of essenciJI oiis being prohibited. 
(b) The bitter sc:bs:::nces must nOt ob\'ioush' 
dominance the t3s:e; the dry extract conre~t 
may no t exce.:J 1,5 grams per 100 
millilitres. 
(0) Aniseed-fl3\'oured spirit dri:;ks: 
(1) S?irit drinks produced by flavouring ethyl alcohol 
of agriculcural origin \·;irh natural extractS of Star 
:lr:ise (Ilticillll1 ue;-;Il7;), anise (Pimpinella ar:iswn), 
fc; .... nel (Fot!lliculzm: t'!(!gare), or nn)' other pbnt 
which contains the same principal aromatic 
co~stituent, using one of the following processes: 
macef3tion ad! o~ distilbtion, 
redistillation of cr.:: alcohol in the presence of 
the seeds or o:her p:trrs of the plants specified 
above, 
addition of n2,,"r<11 distil1ed extracts of 
an·iseed-f1a\·o·.1~ed plants, 
a combinatio:l of .hese three methods. 
Other n:ltural pb,,[ c:(Lracts or aromatic seed ma)" 
2.150 be used, b",: d-.e :lniseed taste must remain 
p:-edominant. 
(2) For:>n aniseed-fl::,\·o·..:red spirit drink t? be 'called 
'p.1stis· it must 2.!so contain narural extracts of 
liquorice root (G!ycynhiza gl(/br~), which implies 
t~e prcsence of t:-:e co:orants known as 'chalcones' 
as well as gl)'cyrrhizic acid, the minimum and 
r::aximum levels of which must be 0,05 and 0,5 
grams per litre respectivel),. 
Pastis contains less tnJn 100 grams of sugar per litre 
:l!1d has a minimu~:lr:ci maximum anethole level of 
1,5 and 2 grams per li,re respectively. 
(3) For an aniseed-f1a\·o".lred spirit drink to be cClllecl 
'0:1;::0' it must: 
-h3.ve been p:-oJc;ceci exclusively in Greece, IP/N/lIGBRlG/2 
Pagina 8 
12.6.89 Official Journal of the European Communities No L 160/7 
have been produced by blending alcohols 
flavoured by means of distill:ltion or 
r.1acerarion using aniseed and possibil,. fennel 
s~ed, mastic from a lentiscus indigenotls to the 
island of Chios (Pistaci.1 lellthws Chia or 
btifo/ia) and other aromatic seeds, plantS and 
fruits; the alcohol flavoured by distillation must 
represent at least 20 % of the alcoholic strength 
of the 011:;:0. 
That distillate must: 
have been produced br distillation in traditional 
discontinuous copper stills with a capacity of 
1 000 litres or less, 
have an alcoholic strength of not less than 55 % 
vol an not more than SO % vol. 
0:(:;:0 must be colourless and have a sugar content 
of 50 grams or less per litre. 
(4) For an aniseed-flavoured spirit drink to be called 
'1I::s, its characteristic flavour must be cerived 
exclusively from anise (pimpinel/a allisll1n) and/ or 
star anise (illicium 'ventnl) and/or fennel 
U·oen:cu!wlIlm!gare). The nam~ 'distilled anis'may 
be used if the drink contains alcohol distilled in the 
presence of such seeds, provided such alcohol 
constitutes at least 20 % of the drink's alcoholic 
s:rength. 
(p) Bitter-tasting spirit drinks or bitter: 
Spirit drinks with a predominantly bitter taste produced 
by flavouring ethyl alcohol of agricultural origin with 
natural and I or nature-identical fla vouring subSt:lOces as 
defined in Article 1 (2) (b) (i) and (ii) of Directh'e 
8S/3S8/EEC and/or flavouring preparations :!s 
defined in Article 1 (2) (c) of that Directive. 
The drinks may also be marketed as 'amer' or bItter with 
or without another term. 
This provision shall not affect the possible cse of the 
terms 'amer' for bitter for products not covered by this 
Article. 
(q) Vodka: 
A spirit drink produced by cither rectifying ethyl alcohol 
of agricultural origin or filtering it through activated 
charco:ll, possibly followed by straightforward 
distillation or an equivalent treatment, so that the 
organoleptic characteristics of the raw materi::tls used 
nre selectively reduccd. The product may be given 
special organoleptic characteristics, such as a mellow 
taste, by the addition of flavouring. (r) Liqueur: 
(1) A spirit drink: 
(2) having a minimum sugar co::ccnt of 100 grams 
per litre expressed 35 i:'l\'Crc sugar, without 
prejudice to a diffcrer.c decision taken in 
accordance with the p:oce2ure laid down in 
Article 15, 
produced by f1a\"ouri~g ethyl alcohol of 
agriculrural origin or a c!is.il!ate of agricultural 
origin or one or more sp::ic drinks as defined in 
this Regulation or a r.iiXr~lre of the above, 
sweetened and possibly w:tn the addition of 
products of agricultural or:gin sllch as cream, 
milk or other milk prod:.:ccs, fruit, wine or 
fla\'oured wine. 
The name 'creme de' followed D',' the name of a fruit 
or the raw material used, excl~J,1il1g milk products, 
shall be reserved for liqueu,s wi:h a minimum sugar 
coment of 250 grams p~r litre expressed as invert 
sugar. 
The name 'creme de cassis' s!1all, howe\'er, be 
reserved for blackcurranr liqt:eurs containing at 
least 400 grams of sugar, expressed as invert sugar, 
per litre. 
(5) Egg liqueur! adllocaatlat."ocat/A:!:·okat: 
A spirit drink whether or not fi;!\·o:..!red, obtained from 
ethyl alcohol of agricultural o:igi:1, the ingredients of 
which are quality egg yolk, e;g white and sugar or 
honey. The minimum sugar o~ ho::e}' content must be 
150 grams per litre. The m!;;!;';1t;~l1 egg yolk content 
must be 140 grams per litre o~ the final product. 
(t) Liqueur with egg: 
A spirit drink whether or nor tla.';o'Jrcd, obtained from 
ethyl alcohol of agricultural o,igi:i, the ingredients of 
which arc quality egg yolk, eg; whire and sugar or 
honey. The minimum sugar 0: r.oney content must be 
150 grams per litre. The rr:lr.im'Jn1 egg yolk content 
must be 70 grams per l.itre 0: the final produce. 
Article 2 
Subject to Articles 3, 4 and 12, i:1 o.cer to be marketed for 
human consumption under one of the r.:lmes listed in Article 
1 (4) a spirit drink must comp!;; wi:h the definition and 
requirements applicable to the c:.~egory to which it 
belongs. 
Article 3 
1. \\'ith the exception of junipe;-flavoured spirirdrinks as 
defined in Article 1 (4) (m) (1), for che spirit drinks listed 
bel 0 \\' , the minimum alcoholic str~ng:~ by volume [or release IP/N/1/GBR/G/2 
Pagina 9 
No L 160/8 Official Journal of the European Communities 12. 6. 89 
for human consumption in the Community under one of the 
names listed in Article 1 (4), with the exception of certain 
specific products whose alcoholic strength is indicated in 
Annex Ill, shall be as follo\\"s: 
-40% whisky/whiskey 
p.1Stis 
-37,5% rum 
Rltnl-Verschllitt 
wine spirit 
grape marc spirit 
fruit marc spirit 
raisin spirit 
fruit spirit 
cider spirit, eider brandy and perry spirit 
gentian spirit 
gilll distilled gin 
C1 ku:wit/ aq :/:: :/i t 
vodka 
grappa 
ou::;o 
Kornbrar.d 
36 % br.:wd),/\lle:"i:brand 
35 % grain spiritlgrain b'randy 
. al1is 
32 % Korn 
30 % caraway-flavoured spirit drinks (except 
akuav'it/ aqll.'wit) 
25 % fruit spirit drinks 
15 % aniseed-flavoured spirit drinks (except ouzo, 
pastfs, anis) 
the other products referred to in A~ticle 1 (4) 
and not listed above. 
2. N:1tional prOVISIons m"y set a minImum alcoholic 
strength by volume which is higher than the values referred to 
in paragraph 1 for the spirit drinks listed in Annex H. 
Member States shall notify the Commission of such alcoholic 
strengths within three months of: 
either the entry into force of this Regulation, in the case of 
existing provisions, 
or their adoption, in the case of any provisions which may 
be adopted after this ReguLHion comes ineo force. 
The Commission shall ensure that the)' are published in the 
"C' series of the Official JOllrnal of the European 
Commll11ities. 
3. The Council, acting by a qualified majorIty on a 
proposal from the Commission, may fix minimum alcoholic 
strengths by volume for categories of drinks other than those 
referred to in paragraph 1. 
4. . Before 31 December 1992, the Council will rel'iew the 
mi"nimum alcoholic strength of whisky/whiskey on the b3sis 
of a rn3rket scud)' by the Commission. Ar::cl:: .; 
1. \'\:ithout prejudice to provistons adopted pursuant to 
paragraphs 2 to 5, if a:i:' slIbst:lnce other than those 
authoriz.ed by Community legis!:1tion or, failing that, by 
national provisions is added, the spirit drink in question shall 
lose the right to the resen'ed n;i.:1~e. 
2. The list of authorized food additives, the directions for 
their use and the spirit drinks concerned shall be determined 
bi' the procedure bid CO\\'o in Council Directive 
89/1071 EEC of 21 December 19S8 on the approximation of 
the laws of the Member St:HCS on the additives which mar be 
used in foodstuffs (I). 
3. The list of authorized processing aids, the directions 
for their use and the si~it c:inks concerned may be 
determined by the procedu:e bid down in Article 15. 
4. \\iithout prejudice to t\e more restrictive provisions of 
Article 1 (4), the colouring o~ s?iri: drinks shall be authorized 
in accordance with the natio:13! r:.:les esrablished pursuant [Q 
the Council Dirtcti\·e of 23 October 1962 on the 
approximation of the rules of the ),iember States concerning 
the. colouring matterS au:horired for use in foodstuffs 
intended for hU!11an consumptio:1 (2), as laSt amended by the 
Act of Accession of Spain a:-:d PO[CUg:l1. 
5. ani), natural flavou:iZlg sL!bstances and preparations 
as defined in Anicle 1 (2) (b) (i) and Article 1 (2) (c) of 
Directive 88/388/EEC m:;;; be used in the preparation of the 
spirit drinks defined in Ar;i.::le 1 (4), except in the case of 
those defined in Article 1 (~) (m), (n) and (p). 
However, nature-identical fl a I'ouring substances and 
preparations as defined in :\rtide 1 (2) (b) (ii) of Directive 
88/388/EEC shall be aut::orized in liqueurs except those 
mentioned belo'w: 
(a) Fruit liqueurs (or crer;;=s): 
pineapple, 
bl ackcurrant, 
cherr)" 
raspberry, 
mulberry, 
bil berry, 
citrus fruit; 
(b) plant liqueurs: 
mint, 
gentian, 
aniseed, 
gcnepi, 
vulnerary. 
(I) OJ No L 40,11. 2.1989, p. 27. 
(2) OJ No 115, 11. 11. 1962. p. 2645/62. IP/N/I/GBR/G/2 
Pagina 10 
12.6.89 Official Journal of the European Communities 1\:0 L 16019 
6. In the preparation of spirit drinks, the addition of 
water, possibly distilled or demineraliz.ed, shall be 
authorized, pro\'ided that the quality of the water conforms 
to the n:ltional provisions adopted in implementation of 
Direcri\'es 801777/EEC and S0177S/EEC and that the 
water added does not chlnge the nature of the produce. 
7. (a) The eth}'1 alcohol used in the preparation of spirit 
drinks may not be of any origin other than 
agricultural. 
(b) The ethyl alcohol used to dilute or dissolve 
colorants, flavourings or an}' other authorized 
additives used in the prepar2tion of spirit drinks 
must be ethyl alcohol of agricultural origin. 
(c) Without prejudice co more restricti\'c provisions bid 
down in Article 1 (4) (m) (1), the quality of the ethyl 
alcohol of agricultural origin must meet the 
specifications set oue in Annex I. 
S. Detailed rules, including the methods to be used for 
analyzing spirit drinks, shall be adopted in accordance with 
the procedure laid down in Article 14 .. 
The lists of liqueurs appearing in the second subparagraph of 
paragraph 5 may be supplemented by the Council acting by a 
qualified majority on a proposal from the Commission. 
Article 5 
1. \\'ithout prejudice to measures adopted pursuant to 
Article 6, use of the names referred to in Article 1 (4) shall be 
restricted to the spirit drinks defined therein, account being 
taken of the requirements laid down in Articles 2, 3, 4 and 
12. These names must be used to describe the Slid drinks. 
Spirit drinks which do not meet the specifications laid down 
for the products defined in Article 1 (4) may not bear the 
names assigned therein to those products. They must be 
described as: 'spirit drinks' or 'spirits'. 
2. The names listed in p:lragraph 1 may be supplemented 
by geographical indications other than those in paragraph 3, 
provided that they do not mislead consumers. 
3. (a) The geographical designltions listed in Annex 1I 
may replace the designations referred to in 
paragraph 1 or supplement them, forming 
composite designations. These designations, 
whether composite or not, may if necessary be 
accompanied by addition:ll p:uticulars provided 
that the latter are regulated by the Member State of 
production. 
By way of derogarion from the preceding 
subplragraph, the words marque natio!l:l!c? l:txcmbourgcoise . shall reF:2:e .he geographical 
design3tion a:1d may supplei7:ei:t the names of the 
SptrltS produced in the G:-,:mdr Duchy of 
Luxembourg as listed in A:,;::ex If. 
(b) These geographical design:!::ons shall be reserved 
for spirit drinks in the case c: which the production 
stage during which they ac<;t.:ired their character 
and definitive qu:dities took place in the 
geographical area indicatec. 
(c) ?v1ember States may apply s;ecific national rules on 
production, movement \';i:::io a lviember State, 
description 2nd prese:::.:ltion to products 
manufactured within their .erriwries, in so far as 
they are compJtible with Corr.munity law. Where 
they are applied in pursuit of 2 c;ualiry policy, such 
rules may restrict productio:: in a given geographical 
area to qUllit)' products co:::?lyi;1g with the specific 
rules concerned. 
Ariicle 6 
1. Special prOVISIOns may gO\'e::1 indications used in 
addition to the sales description, i.e.: 
the lIse of terms, acronyms or s:gns, 
the use of compound terms inc::.:ding any of the generic 
terms defined in Article 1 (2) a:-.d (~). 
2. Special provisions ma)' gove::: the names of mixtures 
of spirit drinks and those of mixtL::es of drinks and spirit 
drinks. 
3. The provisions referred to in ;:uagraphs 1 and 2 shall 
be adopted in acCOrcia!1Ce with the orocedure laid down in 
Article 15. They shall be designed i:: ?2Hicular to prevent the 
creation of confusion by the n2.:7;es referred to in those 
paragraphs, especially regarding p::.duCtS in existence \vhen 
this Regubtion enters into force. 
Article 7 
1. In addition to complying \::ith national legislation 
adopted in accordance with Dire:ti\'e 7911121EEC, the 
labelling, presentation and ad·;=:tisi::g of spirit d~inks 
defined in Article 1 (4) intended k: the final consumer shall 
compJy with paragraphs 2 and 3. 
2. (a) The name under \vhich t~.~ Foducrs referred to i~ 
Article 1 (2) ;lOd (4) are sold sh31J be one of the 
names to be used exclt.:s!vely for such products 
under Articles 5 and 6 (2;. 
(b) \\fhere the bbelling indic:.:es the raw material used 
to produce the eth)'1 aJco~ol of agricultural origin, 
each agricultur:ll alcohol ~sed must be mentioned in 
descending order of qU3:-.:i:y used. IP IN I 1/GBR/G/2 
Pagina 11 
No L 160/10 Official Journal of the European Communities 12. 6. S9 
(c) The name under which the spirit drinks referrcd to 
in paragraph 1 are sold may be supplemented by the 
term 'blend' where the product hls undergonc 
blending. 
(d) Saving exceptions, a maturation period mly be 
specified onl), where it refers to the youngest 
alcoholic componcnt and provided th:lt the product 
was agcd under revenue supervision or supervision 
affording equivalent guarantees. 
3. The following may, in the C:1se of the produces referred 
to in Article 1 (4), be determined in accord:1nce wieh the 
procedure laid down in Article 14: 
(a) the conditions under which the labelling ma), specify a 
maturation period and those relating to the raw 
mlterills used; 
(b) the conditions governing the use of sales descriptions 
which impl)' thae the product has been mltured, 
together with an)' exceptions and the conditions for 
equivalent controls; 
(c) the special provisions go\'.erning the use of terms 
referring to a certain proper~)' of the product, such as its 
history or the method by which it is prepared; 
(d) the rules governing the labelling of products in 
containers not intcr.ded for the final consumer, 
including an)' derogations from the labelling rules to 
take account in particular of warehousing 2nd 
transport. 
4. The particulars pro\'idcd for in this Regulation shall be 
given in one or more offici.1llanguages of the Communities in 
such a way that the final consumer can readily understand 
each item, unless purchasers are provided with the 
information by other means. 
5. The geographical designations listed in Annex Il, the 
terms in italics in Articlc 1 (4) and the design:ttion 
RUI1I-Verscln:itt must not be translatcd. 
Howevcr, at the request of the Member State of 
consumption, it may be decided, by the procedure laid down 
in Article 14, that the said terms in italics and, in particubr, 
raisin brandy shall be supplementcd by equivalent terms so 
that consumers of the said Mcmber Statc are not misled. 
6. In the case of products originating in third countries, 
use of an official language of the third cOllntry in which the 
product has been made shall be authorized if the particu!:trs 
provided for in this Regulation ue also given in an official 
language of the Communities in such a way that the final 
consumer can readily understand each item. 
7. \'\'ithout prejudice to Article 12, in the case of products 
originating in the Communit), and intended for export the 
particulars provided for in this Regulqtion may be repeated in 
another langu:tge; this does not apply to the particubrs 
referred to in paragraph 5. S. In accordance with the pro.:edure laid down in Article 
15, the Commission mar detcrr.:ine the cases and/or the 
spirit drinks for which a refere:1ce to the place of manufacture 
and/or the origin and/or the sot.:rcc shall be compulsory, as 
wcll as thc attcndant rules. 
Article 8 
In order to be marketed for h.!man consumption, Spirit 
drink~ p.roduced in the Commur1!ry ma}: ~ot,b~ des~ri~cd by 
aSSOCl:Hlng word or phrases such as hke, type. stylc', 
'made', 'flavour' or any other sirr.ilar indications with any of 
the s:tlcs descriptions mentioned in this Regulation. 
1. The spirit drinks lis[ecl below: 
rum, 
whisky and whiskey, 
grain spirit/ grain brandy, 
wine spirit and brandy, 
grape marc spirit, 
raisin spirit, 
fruit spirit other than products defined in Article 1 (4) (i) 
(2), 
cider spirit, cidcr brandy anG perry spirit 
may not bear in any form whatsoever in their presentation 
thc generic name reserved for the above drinks if they contain 
added ethyl alcohol of agricultt.:;al origin. 
2. Ho'.';cvcr, paragraph 1 sha!l not prevent marketing, for 
hum:tn consumption i;1 the Community, of the product 
manufactured in Germany ar:d obrained by mixing rum and 
alcohol. A minimum proponiorl of 5 % of the alcohol 
contained in the final p:odt.:ct cllled Rum-Verse/mitt must 
come from rum. \'V'here this p:-oduct is sold outside the 
German market, its alcoho!ic co:nposition must appear on 
the label. 
As regards the labelling and presentation of the product 
Rum-Vcrschllitt, the word VCTsdmitt must nppear on the 
packaging (on the botde or wrapping) in ch.aracters of thc 
same type, size and colour as, and on the same line 'as, the 
word Rum and, in the case of borrles, on the front label. 
Ar:icle 10 
1. The l\1ember States sh:t11 rake the measures necessary 
[0 ensure [hat Community p:ovis!ons relating to spirir drinks IP/N/1/GBR/G/2 
Pagina 12 
12.6. 89 Official Journal of the European Communities No L 160111 
I1fC complied with. They shall appoint one or more agencies 
to monitOr compliance with these provisions. 
In the C3se of the products lisred in Annex H, it may be 
decided in accordance with the procedure laid down in 
Anicle 14 that such supervision and procection 'shall be 
effected, for the purposes of movement within the 
Community, by means of commercial documents verified by 
the administration and by the keeping of appropri3te 
registers. 
j For the spirit drinks listed in Annex II and exported, 
the Council, acting by a qualified l1ujority on a proposal 
from the Commission, shall establish a system of 
:1uthentication documents to eliminate fraudulent practices 
and counterfeits. This s),srem is intended to replace the 
e:\:isting national system. It must offer at least the same degree 
of certainty as those national systems, subject to Community 
rules and in pan.icular those relating'to competition. 
L' ntil such time as the system referred to in the preceding 
subparagraph has been introduced, the Member States may 
retain their own authentication systems provided that these 
comply with Communi.y rules. 
3. The Council, acting by a qualified majoriry on a 
proposal from the Commission, shall adopt the necessary 
measures for the uniform application of Community 
provisions in the spirit drinks sector, particularly with regard 
to controls and relations between the competent bodies of the 
t-lember States. 
-4. .Member States and the Commission shall 
communicate to each other the information necessary for 
implementing this Regulation. Detailed rules for the 
communication and distribution of such information shall be 
adopted in accordance with the procedure laid down in 
Article 14. 
Article 11 
1. Subject to paragraph 2, to be marketed for human 
consumption within the Community, imported spirit drinks 
bearing a geographical designation or a name other than 
those referred to in Article 1 (4) may, subject to reciprocal 
arrangements, qualify for the supervision and protection 
referred to in Article 10. 
The first subparagraph shall be implemented by agreements 
to be negotiated and concluded with the third countries 
concerned under the procedure laid down in Article 113 of 
the Treaty. 
Detailed rules and the list of products referred to in the first 
subparagraph shall be adopted in accordance with. the 
procedure laid down in Article 15. 
2. This Regulation shall be without prejudice to the 
impOrting and marketing for human consumption within the 
Community under their names of origin of specific spirit 
drinks originating in third countries for which tariff concessions are granted by the CCr.1munity either under 
GATT or under bilateral agreemel~:5 and the conditions for 
the admission of which have been L::.:d do\ .... n in Community 
regulations. 
Article 12 
1. Spirit drinks intended for e:\:port must compl)' with the 
pro\'isions of this Regulation. 
2. However, the l\lember S':l.tes may decide on 
derogations as regards the provisio;1s of Article 4 (2), (3), (4) 
and (6) but not in respect of the spiri: drinks listed in Annexes 
I[ and 1II or spirit drinks with reserved descriptions. 
3. Derogations from the provis!ons in Article 3 relating to 
the alcoholic strength for release ror human consumption 
may also be decided on in the case of: 
spirit drinks covered by Article 1 (2) and (4), 
spirit drinks covered br' Annex 1I, in particular where this 
is required under the law of the importing third 
country, 
at the request of the producer Mei7lber State in accordance 
with the procedure laid down in Article 14. 
4. Derogations from rules on' designation and 
presentation, other than the names provided for in Arricle 1 
(2) and (4) and in Annexes II and III and without prejudice to 
Articles S ·and 9 may be authorized br the Member Stares: 
",'here the legislation in force in the importing third 
country so requires, 
in cases \vhich are not covered a)' the first indent, with the 
exception of some indicatio:1s to be decided on in' 
accordance with the procec'...!~e bid down in Article 
14. 
5, The derogations authorized or the Member States shall 
be notified to the Commission a::d to the lv1ember States. 
Article 13 
1. An Implementation Committee for Spirit Drinks, 
hereinafter referred to as the comminee, shall be set up 
consisting of representatives of the Member States and 
chaired by a representative of the Commission. 
2. \X'ithin the committee the \'o:es of Member States shall 
be weighted in accordance with A:ticle 148 (2) of the Treaty, 
The chairman shall not vote. IP IN 11 IGBR/G/2 
Pagina 13 
No L 160112 Official Journal of the European Communities 12.6. 89 
Article 14 
1. Where the procedure laid down in this Article is to be 
followed, the chairman shall refa the matter to the 
committee either on his own inidative or at the request of the 
representa~i\"e of a l\lember State. 
2. The representative of the Commission shall submit a 
draft of the measures to be adopted. The commirree sh:dl 
deliver its opinon on such measures within a period to be set 
br the chJirman according to the urgency of the questions 
submitted for consideration. An opinion shall be adopted by 
a majority of S4 votes. 
3. The Commission shall adopt measures which shall 
apply immediately. However, if these measures are not in 
accordance with the opinion of the committee, they shall 
forthwith be communicated by the Commission to the 
Council. In that e\'ent, the Commission mal' defer 
application of the measures for one month. 
The Council, acting by a qualified majority, may take a 
different decision within one month. 
Article·~S 
1. Where the procedure bid down in this Article is to be 
follo\ved, the chairman shall refer the matter to the 
committee either on his own initiative or at the request of a 
representative of a ]>"lember Scates. 
2. The representative of the Commission shall submit to 
the committee Cl draft of the measures to be taken. The 
commitree shall deliver its opinion on the draft within a time 
limit which the chairman may lay do\'.:n according to the 
urgency of the maner. The opinion shall be delivered by the 
majority laid down in Article 148 (2) of the Treaty in the case 
of decisions which the Council is required to adopt on a 
proposal from the Commission. The votes of the 
representatives of the Member States within the committee 
shall be weighted in the manner set out in that Article. The 
chairman shall not \'ote. 3.. (a) The Commissio:1 sr.:!!! adop~ the measures 
envisaged if they are in :l~:ordJnce with the opinion 
of the commitree. 
(b) If the measures e:-r,isag:d are nor in accordance 
with the opinio;1 of the cOr:1mittee, or if no opinion 
is delivered, che Corr:mission shall, without delay, 
submit to the COl:::.::!1 Cl. propos21 relating to the 
measures [0 be taken. Th: Council shall act by a 
qualified majori.),. 
If, on the expiry of [~ree r.:onths as from the date of 
referral [0 the Cot:r::il, t~e Council has not acted, 
the proposed meas·.!:e) shall be adopted by the 
Commission. 
A.r:::!e 15 
The committee may consider :n:y orher question referred to 
it by its chairman, either 0:1 his own initiative or at the 
request of the representative of a .\fember Scate. 
Ar::::!e 17 
1. In order to facilitate t~e changeover from the present 
arrangements to those ir.t:odc::ed by this Regulation, 
transitional measures shall be ;do~,ed in accordance with the 
procedure laid down in Anide 1·4. 
2. Such transitional meas:.!,es shall be applicable for not 
more than two years from the da:: of implementation of this 
Regulation. 
This Regulation shall en,e: i:::o force on the third day 
. follo\',:ing its publication i~ t~.e O/ficie:! Journal of the 
European Communities. 
It shall apply from 15 Dece;:;::er 1989, with the exception of 
Articles 13 to 16, which skll er;ly as from the entry into 
force of this Regulation. . 
This Regulation shall be binding In its entirety and directly applicable I~ a:l ?vfember 
States. 
Done at Brussels, 29 ~1ay 1989. 
For the CC:II:::'f 
The Pres:d~I:: 
C. RO~iERO HER?.ERA IP/N/lIGBRlG/2 
Pagina 14 
12.6. 89 Official Journal of the European Communities 
ANNEX 1 
Ch:u:lcteristics of eth}'l alcohol of agricultural origin as referred to in Article 1 (3) (h) No L 160113 
1. Organoleptic characteristics ?'o detectable taste other than that of the 
raw material 
2. ~1inimum alcoholic strength by volume 96,0% \'01 
. 3; Maximum le\'el of residues 
Total :lcidiry, expressed in grams of acetic acid per hecto\irre 
of alcohol at 100 % vol 1,5 
Esters expressed in grams of ethyl acetate per hecrolitre of 
alcohol ae 100 % \'01 1,3 
Aldehydes expressed in grams of acetaldehyde per hecrolitre 
of alcohol at 100 % ... ·01 0,5 
Higher alcohols expressed in grams of methyl-2 propanol-l 
per hectolirre of alcohol at 100 % \'01 0,5 
-Iv1ethanol expressed in grams per hecroliere of alcohol ae 
100% \'01 50 
-Or), extract expressed in grams per hectolitre of alcohol at 
100% \'01 1,5 
-Volatile bases containing nitrogen expressed in grams of 
nitrogen per hectolitre of alcohol at 100% vol 0,1 
-Furfural Not detectable No L 160114 
C3:egory 
1. Rum 
2. (a) Whisky 
(b) Whiskey 
3. Grain spirit 
4. Wine spirit Official Journal of the European Communities 
ANNEX II 
SPIRIT DRII\I\S 
Geographical designations referred to in Article 5 (3) 
GeographicJI designarion 
Rhum de b M<lrrinique 
Rhurn de b Gu:tdcloupe 
Rhum de la Rcunion 
Rhl!m d:: la Gupne IP/N/1/GBR/G/2 
Pagina 15 
(these n:lmes m:l)' be supplemented by the word 'trad:dor.ne') 
Ron de ?-obbg:l 
Ron de GrJn:tda 
Rum da l\!:tdeirJ 
Scotch \,\/hiskr 
Irish Whisky 
\X:hisky esp:lnol 
(these designarions may be supplemented by the words 'MJlc' or 
'Grain') 
Irish \Vhiskey 
Uisce Be:lcha EireJnn:tchlIrish Whiskey 
(these designJtions m:t)' be supplemented by the words 'Pot Still') 
Eau-de-vie de seigle, marque narionale luxembourgeoise 
EJu·de-vie de Cognac 
Eau-dc-vie des Ch:lrenres 
Cognac 
(this design:trion m:ly be accompanied by one of the following 
descriprions: 
Fine. 
Grandc Fine Champagne 
Grande Champagne 
Petite Fine Champagne 
Petite Ch:tmpagne 
Fine Ch:lmp:tgne 
Borderies 
Fins Bois 
Bons Bois) 
Fine Bordc3ux 
Arm:lgnac 
B3s-:\rmagn:lc 
Haur-Armagnac 
Tcnarese 
Eau-de-vie de vin de la ~'larne 
Eau-de-vie de vin originaire d'Aquitaine 
Eau-de-\-i::: de vin de Bourgogne 
E:tu-de-vie de vin originaire du Centre-Est 
Eau-de-vie de vin originaire de Franche-Comte 
E:1U-de-vie de vin origin<lire du Bugey. 
Eau-de-vie de vin de Savoie 
Eau-dc-vie de \'j!] originaire des Coteaux de la Loire 
Eau-de-vie de vin des Cores-du-Rhone 
Eau-de-vie de vin orfginaire de Provence 
Faugeres or e:lu-de-vie de F3ugeres 
Eau-de-vie de \'in originaire du Languedoc 
Aguardente do Minho 
Aguardente do Douro 
Aguardente da Beira Interior 
Aguardenre d:l B3irr:td:l 
Aguardente do Oeste 
Aguardenre do Ribatejo 
Aguardence do Alcncejo 
Aguardcnre do Algarve 12. 6. 89 IP/N/lIGBRlG/2 
Pagina 16 
12,6,89 
5, Brandy 
6. Grape marc spirit 
7. Fruit spirit Official Journal of the European Communities 
Brand)' de Jerez 
Brandy de Pencdcs 
Brand}' italiano 
Br.::,:dy AtnK~;/ Attica Br.::,:dy 
8r':1:dy nEJ.o;:ov\';aoul Peloponnese Brandy 
Br.lI:dy Ke:\'rpIKt1; EiJ.aOo.;1 Br:mdy from Central Greece' 
D::lHScher \Veinbrand 
Eau-de-vie de m3rc de Champagne ou marc cle Champagne 
Eau-de-vie de r:13rc origin3ir.: cl'Aquitaine 
Eau-de-vie de m.HC de Bourgogne 
Lw-de·vie de m:lrC origirlJire du Centre-Est 
Eau-de·\'ie de l1lJrc origin3:re de Franche-Comte 
Elu-de-vie de m:uc origin3ire de Bugey 
Eau-de·vie de m.lrc origin3ire de Savoie 
Mlrc de Bourgogne 
Marc de Sl\'oie 
l-obrc d'Auvergne 
Eau-de-\'ie de m:lrc originaire des Coteaux de la Loire 
E3u·de·\'ie de nure des Cotes du Rhone 
Eau-de-\'ie de 1:13re origin;lirc de Provence 
Eau-de-vie de m:lrC originaire du Languedoc 
~brc d'Alsace Gewurztraminer 
~tarc de Lorraine 
Bagaceira do 1\1inho 
Bagaceira do Douco 
Bagaceira da Beira Interior 
Bagaceira da Bairrada 
Bagaceira do Ocsee 
Bagaceira do Ribarejo 
Bagaeeira do Alemejo 
Bagaceira do Algar\'e 
Orujo gallego 
Grapp:l di B3ro!0 
GrapFa piemo~!ese or dd Piemonte 
Grappa lomb:lrd:l or di Lombardia 
Grappa trentina or del Trentino 
GrapP3 fdubn3 or del Friuli 
Grapp3 \,encta or del Vencro 
SGdtiroler Grapp3/Gr:lppa dell'AJco Adige 
Tcm:ouota Kp~'t11;/Tsikoudia from Crete 
Toi::oupo l'.!o.Ke:So\'ia;/Tsipouro from M:lcedonia 
Toi::oupo 0o:ooo.i.io.c;/Tsipouro from Thessaly 
Toi;:oupo Tl>p\'ci0ou/Tsipol!~o from Tyrnavos 
E:ll!-de-vie de marc InJrque n:lrion3lc luxembourgeoise 
Schw:lrzw5lder Kirsch\\':lsscr 
S:h\\'arz\\':ild~r Himbeergcisr 
Sch"';1rz",:ilder Mirabellenwasser 
Seh\'.'3rzw:ildc:r \'~'illiamsbirne 
Sch',\':trzw5Ider Z",ctschgenw3sscr 
Frankischcs Z wctschgenw:!sser 
Frankisehcs Kirsch\\'asscr 
Fr5r.kisehcr Obstlcr 
Mirabelle de Lorraine 
Kirseh d'Alsace 
Quetsch d'Alsace 
Framboise d'Alsace 
Mirabcllc d'AIsace 
Kirsch de Fougerolles 
Siidrirolcr \\'illilf11s/\X'illi:lms dell'Alro Adige 
Siidtiroler Aprikot or $iidtiroler 
M:uille/ Aprikot dell'Alto Adige or Marille dell'Alto Adige 
Sudtirolcr Kirsch/Kirsch dell'Alto Adige 
Siidtiroler Zwetschgeler /Zwctschgclcr dell'Alto Adige 
Sudciro!er Obsder/Obstler dell'Aho.Adige 
Slidciroler Gravcnsceiner / Gr:\\'ensteiner dell'Alto Adige 
Sudcirolc:r Golden Deliciolls/Golden delicious dell'Alro Adigc No L 160/15 No L 160/16 IP/N/lIGBRlG/2 
Pagina 17 
Official Journ:lI of the European Communities 
Cntegory 
7. Fruit spirit 
(cont'd) 
8. Cider spirit and perry spirit 
9 ~ Gentian spirit 
10. Fruit spirit drinks 
11. Juniper.flavoured spirit drinks Gc:osrJphicll dc:sisnl:io:t 
\"\'illiams f:iulano or del Friuli 
Sliwo\'icz del Vcne.o 
Sliwo\,itz del Friuli-Venezia Giulia 
Sliwo\'iez del Trentino-Alto Adige 
Disrill:1eo di mele [rencino or del Trentino 
Williams trentino or dd Trentino 
Sliwo\'itz [,entino or del Trentino 
Aprikot tremino or dd Trentino 
l-.ledronheira do Algarve 
Medronhei.a do Bu~:!co 
Kirs.:h Or Kirschwasser Friulano 
Ki,sch Or Kirsch\\'asser Trentino 
Kirsch or Kirschwasser Veneeo 
Agu:lrdcnce de pera da Lousa 
Eau-de-vie de pommes marque nation ale luxembourgeo:se 
Eau-de-vie de poircs marque naeionale luxembourgeoise 
E:\U-cc-\,ie de kirsch marque nationale luxembourgeoise 
Eau·de·vie de quctsch marque nation ale luxembourgeo:se 
Eau-de-\'i: de mirabelle marque nation ale luxembourgeoise 
Eau-de-vie de prunelles marque nationale luxembourgeoise 
Ca!vados du Pays d'Auge 
Cal\'ados 
Eau-de-vie de cidre de Breeagne 
Eau-de-vie de poin! de Bretagne 
Eau-de-vie de cidre de Normandie 
Eau-de'\'ie de poire de Normandie 
Eau-de-vie de cidre du 1---1aine 
Aquardicnte de sidra de Asturias 
Eau·de-\'ie de poin: du Maine 
Barerischer Gebirgsenzi::tn 
Sudtiroler Enzian/Genzi:tna dell'Alto Adige 
Genziana trcnti:1:! or del Trentino 
Pachar:l:1 nl\'arrO 
Osrfricsischer Korngcnc\'er 
Genie\'Ce Flandres Artois 
Hasseltse jene\'er 
Balegems= jene\'cr 
Peket de Wallonie 
Seeinh5gcr 
PIYf:1ou:h Gin 
Gin de ~!ah6n 
12. Caraway-flavoured spirit Dansk Aha\"it/D:lnsk Aquavit 
drinks 
13. Aniseed-flavoured spirit drinks Anis espa:101 
E vora a:1is:lda 
Cazalb 
Chinch6n 
Ojcn 
Rute 
14. Liqueur Berliner Kiimmel 
Hamburger Kummel 
Munchener Kummel 
Chicf:1scer Klosterlikor 
Ba>'eris::her Krauterlikor 
Cassis de Dijon 
Cassis de Beaufort 
Irish Cream 
P:!lo de l\llllorca 
Ginjinha ponugllcs:t 
Licor de Singevc:rga 12.6.89 IP/N/lIGBRlG/2 
Pagina 18 
12. 6. 89 Official Journal of the European Communities 
14. Liqueur 
(collt'd) C:mgory 
15. Spirit drinks 
Exceptions to the general rules of: 
1. Article 1 (2); Gcogr:Jpnical design:ltion 
Benedikrbeurer Klosterlikor 
E tealer Klosterlikor 
Ratafia de Champagne 
Ratafia cat.llana 
Anis porrugues 
Pomme.lU de Bretagne 
Pommeau du Maine 
Pommeau de Normandie 
ANNEX III 
egg Iiqueur/adllocaat/mlocat/Ad~'okat: minimum alcoholic strength: 14% vol. 
2. Article 5 (3) (non-complying geographical designatio'ns); 
Konigsberger Blrenf:mg, 
Ostpreumscher Barenfang. NoL160/17 IP/N/1/GBR/G/2 
Pagina 19 
Official Journal of the European Communities No L 149/1 
I 
(Acts "hoJe publicMioll iJ obligatol)) 
COUNCIL REGULATION (EEC) No 1601/91 
of 10 June 1991 
laying down general rules on the definicion, description nnd presentacion of 
nromatized wines, aromatized \vine-b:J.sed drinks and arom:Hizcd wine-prcd~cc 
cocktails 
THE COUNCIL OF THE EUROPEA.N COi\{MUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in panicular Articles 43 and 
100a thereof, 
Having regard to the proposal from the Commission O. 
[n cooperation with the European Parliament e). 
Having regard to the opinion of the Economic and Social 
Committee (1), 
W'hcreas there are at present no specific Community rules 
governing aromatized wines, aromatized wine-based 
drinks and aromatized wine-product coktails hereinafter 
called 'arom:ltized drinks', in particular with regard (0 the 
difinition of such drinks and the requirements concer­
ning their description and presentation; whereas, given 
the economic importance of these drinks, it is necess:ll)', 
in order to assist the functioning of the common market. 
(0 lay down common provisions on this subject; 
\,\'hereas these aromatized drinks constitute a major outlet 
for Community agriculture; whe'reas this outlet is largely 
the result of the reputation which certain of these drinks 
have acquired throughout the Community and on the 
world market; whereas this reputation can be attributed 
to the quality of the drinks in question; whereas a certain 
quality standard should therefore be maintained for the 
drinks in question if this oudet is to be preserved; 
whereas the appropriate means of maintaining this quality 
standard is to define the said drinks, taking into account 
the traditional practices on which their reputation is 
based; whereas. moreover, the terms thus defined should 
be used only for drinks of the same quality as traditional 
drinks so as to prevent their being devalued; 
Whereas it is appropriate that an appropriate framewerok 
be created for aromatized drinks which are composed for 
(') 0) No C 269, 25, 10, 1986. p, 15. 
(:) 0) No C 127, 14,5, 1984, p. 185 and 
OJ No C 129, 20, 5. 1991. 
C) 0) No C 124,9.5.1983, p. 16. the major part of 'Nine or musts, w:-:!!~ ~!Iowing for deve­
lopment and innovation as regards such drinks; whereas 
this objective can be achieved the r:;o~;; easily by creating 
three categories of drinks on t:-;e b.E:) of their wine 
content. alcoholic strength and ~;~;~'i:-:~~ or no~ alcohol 
has been added to them; 
\Xlhereas it is appropriate that C0:-:~:;:·.;;'lirY rules should 
reserve. for certain territories, th~ t.:5~ of geographical 
ascriptions referring thereto, pro .. :':::::: .hat the stages of 
production during which the finis:-:d f::Jduct acquires its 
characteristics and definitive prope::ies ue completed in 
the geographical area in questio.-:; 
\X'hercas the customary means of i:;:or:-::1:1g the consumer 
is to include certain information C~ t~.e label; whereas 
the bbelling of aromatized drinks :5 5'.:::;ect to the general 
rules laid down in Council Dire.::;"'c 79/1 12/EEC of 18 
December 1978 on the approxir.;~::o:1 c: the laws of the 
Member States relating to the Iace:l:r.g, presentation and 
advertising of foodstuffs for sale to t~~ ultima:e consu­
mer ('), as last amended by Di:e':ii .. 'e 89/395/EEC (~; 
whereas. in view of the nature of t:-:e crinks in question 
and so that the consumer may b';e bller information, 
provisions additional to these ge:-.era~ rules should bl! 
adopted; . 
\X'hereas. in the mind of the cons'':::1er, the reputation of 
certain aromatized drinks is closely lin~:ed to a traditional 
origin; whereas, in order [0 enst.::e th:;, the consumer is 
appropriately informed and to ,;;~·:e :;ccount of these 
specific cases; it is appropriate to :-:-:ake it compulsory to 
indicate the origin in Cases whe:e cr:c drink does not 
come from the traditional rcgio~ of ?~oduction; 
Whereas, in order to enable appropri:a:c information to be 
given on the composition of the crink, certain labelling 
rules rebting to the nature of the a1co~ol used should be 
adopted; 
(') 0) /':0 L 33, 8. 2. 1979, p, \. 
nO) No L 186.30.6,1989, p. 17. IP/N/1/GBRlG/2 
Pagina 20 
No L 149/2 Official Journal of the European Communities 14. 6. 91 
\\'hcrc3s Council Directive 80/77B/EEC of 15 July 1980 
rd3ting to the quality of W3ter intended for human 
consumption (I), as last amended by Directive 
8 1/85S/EEC 0, and Council Directive 80/777/EEC of 15 
July 1980 on the approximation of the laws of the 
!'-I~mber States relating to the exploitation and marketing 
of n3lural mineral waters (l), as last amended by Directive 
S5/7/EEC ('), lay do~·n the characteristics of [he water 
which may be used in foodstuffs; whereas reference 
should be m3de thereto; 
\'\'here3s Council Directive 88/33B/EEC of 22 June 1988 
on (he approximation of (he bws of the Member States 
rdating to fbvourings for use in foodstuffs and to source 
materials for their production (~ puts forward definitions 
of various terms liable to be used in connection with 
flavouring; whereas the same terminology should be used 
in this Regulation; 
\'\:hereas specific provisions should be adopted concer· 
n: ng description and presentation for imported aroma­
tized drinks. bearing in mind the Community's commit­
met:> in its relations with third countries; 
\\'hereas, in order to defend the reputation of Community 
::~omatized drinks on the world market. the same rules 
should be extended to exported drinks, except where 
there are contrary provisions, bearing in mind traditional 
habits and practices; 
Whereas it is prefeia:,!e to act by way of a Regulation in 
order to ensure the uniform and simultaneous implemen­
t~tion of the measures in question; 
Whereas. in order to simplify and expedite the procedure, 
the Commission should be instructed to adopt implemen­
ting measures of a technical nature; whereas. for this 
purpose. provision should be made for a procedure 
whereby the Member States and the Commission can 
cooperate closely within an Implementation Committee; 
\\'hereas transitional measures are necessary to bcilitate 
the dangeover to the system intoduced by this Regulation, 
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation lays down the general rules on the defini­
tion, description and presentation of nromatized wines, 
(I) 0) No L 229, 30. 8. 1980, p. 11. n 0) No L 319, 7.11. 1931, p. 19. 
(I) 0) No L 229, 30. 8. 1980, p. I. 
(') 0) No L 2, J. 1. 1985. p. 22. 
(~ 0) No L 184. 15.7. I90S. p. 61. aromatized wine-based cl:inks :l:1d arom:1tized wine­
product cocktails. 
Artide 2 
I. For. the purposes of this Reguiation: 
(a) aromatized wine shall m~Jn: 
a drink: 
obtained from wines ddir:ed in points 12 to 18 of 
Annex I to ReguiatiC:1 (EEC) No 822/87 (0), as last 
amended bJ' Regula:ion (EEC) No 1325/90 n. 
with the exception cof ittsina table wine. and 
possibly with added g~3-;e must. grape must in 
fermentation and/cr i:~5h grape muse with 
fermentation arrested by t::e addition of alcohol. as 
defined by Commu:1:ry I;:gisi:leion, 
to which alcohol has be:n 3dded as defined in 
,A..rticle 3 (d), and 
which has been flavoured wi.h the aid of: 
natural flavourir.2 5-~~stances and/or natural 
flavouring prep:lr;~ior:s as defined in Article 1 
(2) (b) (i) and (c) o! Directive 88/388/EEC. 
\(/ithout prejudice eJ the more restrictive 
provisions in p:mg:aph 2, the use of 
substances and prepa:~~ior.s identical to natur3l 
substances 3:1d p~e::lrations. as defined in 
Article 1 (2) (b) (ii) c: th:lt Directivc, m3Y be 
authorized in cer:ai~ cases and under certain 
conditions. in acco:c;:;1ce with the procedure 
laid down in Anicle 14. andlor 
-aromatic herbs and/c: spices and/or flavouring 
foodstuffs: 
which has generally bee;": sweetened and, subject 
to the exceptions p:oviced for in paragraph 2, has 
possibly been coloured \,·ith caramel, 
-which has a minimum a:::u31 alcoholic strength by 
volume of 14.5 % vo1 0: more and a maximum 
actual alcoholic strength by volume of less than 
22 % vol and a miniffiu:-:1 total alcoholic strength 
by volume or" 17.5 % Ye'1 or more; however. for 
those products which. p"Jrsuant to paragraph 5, 
bear the description 'e:-y' or 'extra dry', the 
minimum total alcoholic strength by volume shall 
be set at 16 % \'01 ana 15 % vol respectively. 
The wi.nc used in the p~e?'H3~ion of an aromatized. 
wine must. before enrichI-:1ent, be present in the 
finished product in a pro?ortion of not less than 
75 %. Without prejudice to [he provisions of Article 
5, the minimum natural akvholic strength by volum 
of the products used sh:!I1 be (hat provided for by 
Article 18 (1) of Regui:l:icr. (EEC) No 822/87. 
(') 0) No L 84, 27. 3. 1987, p. J. n 0) No L 132,23.5. 1990. p. 19. IP/N/1/GBR/G/2 
Pagina 21 
14. 6. 91 Official Journal of the European Communities No L 149/3 
The description 'aromatized wine' ma)' be replaced by 
'wine-b:lsed aperitif'. The use of the term 'aperitif' in 
[his connection is \vithout prejudice co the use of thl! 
term to define products which do not £:Ill within the 
scope of this Regulation; 
(b) aromatized wine-based drink shall mean; 
a drink 
obtained from wines defined in points 11 to 13 
and 15 [0 1 S of Annex I to Regulation (EEC) No 
822187, with the exception of wines produced with 
the addition of alcohol and retsina cable wine, and 
possibly with added grape must and/or partially 
fermented grape must, 
-which has been f1:\voured with the aid of; 
-natural flavouring substances and/or natural 
flavouring preparations and/or substances or 
preparations identical thereto as defined in 
l\rcicle 1 (2) (b) (i) and (ii) and (c) of Directive 
88I3SS/EEC; the use of anifici:ll substances as 
defined in Article I (2) (b) (iii) of that Directive 
may be authorized in ce~tain cases and under 
certain conditions, in accordance with the 
procedure laid down in Article 14, and/or 
aromatic herbs and/or spices and/or flavouring 
foodstuffs, 
which has possibly been sweetened, 
to which no alcohol has been added, subject co che 
exceptions referred to in the produc~ definition 
given in this Regulation or decided upon in accor­
dance with the procedure laid dO<;l,'n in Article 14, 
whi.ch has an actual alcoholic strength by volume 
of 7 % \'01 or more and less than 14,5 % vol. 
The wines used in the preparatio:1 of an aromatized 
wine-based drink must be present in the finished 
product in a proportion of not less than 50 %. 
\'ri'ithout prejudice to Article 5, the minimum natural 
alcoholic strength by volume of the products used 
shall be that provided for in Article 18 (1) of Regula­
tion (EEC) No 822/87; 
(c) aromatized wine-product cocktail 
shall ml?an a drink: 
obtained from wine and/or grape must: 
which has been flavoured with the aid of: 
natural flavouring substances and/or natural 
flavouring preparations and/or substances or 
preparations identical thereto as defined in 
Article 1 (2) (b) (i), (ii) and (c) of Directive 
881388/EEC; the lIse of artificial substances as 
defined in Article 1 (2) (b) (iii) of that Directive 
may be authorized in certain cases and under certain conditions, i~ a.:cordance with the 
procedure laid dow:1 i:1 i~.rticle 14, and/or 
aromatic herbs and/or 5?ic~s and/or f1a .... ouring 
foodstuffs, 
has has possibly been swee,end and possibly been 
coloured. 
-to which no alcohol h:\£ bC-C-:1 added, 
-which has an actu:l1 alco~olic s:rength by volume 
of 7 % \'01. 
The wine andlor grape must L.!5~d in the preparation 
of an aromatized wine-proiuct cocktail must be 
present in the finished prod'J.:t i:; a proportion of not 
less than 50 %. Without p:e;'.:i:ce to Article 5, the 
minimum natural alcoholic 5::;:I:.£:h by volume of the 
products used shall be that p:J·,ic:.:i for in Article 18 
(1) of Regulation (EEC) No S22iS7. 
Specific descriptions may be decided 
accordance with the prC'.:ed'.!:1? laid 
Articlr 13. upon in 
down in 
The use of the tc;-m 'cocktail' il: :~:is connection shall 
be without prejudice co its L.!SC to define products 
which do not fall within the s':0pe of this Regulation. 
2. Definition of the various c~:epries of aromatized 
wine the description of which ,-,ay replace 'aromatized 
wine' ; 
(a) Vermouth: 
aromatized ",;ine which has reen ?repared from wine 
as referred to in p:\fagraph 1 (a), the characteristic taste 
of which is obtained by the t.:se c.: appropriate derived 
substances, in particular of the Artemisia species, 
which must always be used; :h:£ crink may be swee-
'tened only by means of ca~ameliz.ed sugar, sucrose, 
grape must, rectified concer.t~ated grape must and 
concentrated grape must. 
(b) Bitter aromatized reined: 
aromatized wine with 2 ch~rKter:stic bitter flavour. 
The description 'bitter aorrr:atized ,vine' 'shall be 
followed by the name of the r.:a:n bitter-flavouring 
substance, without prejudice to r.rticle 8 (3). 
The following expressions, 0: eq-.;ivalent expressions 
i:1 other official languages o~ t:'..: Communities, may 
be used to supplement or rep12ce this description: 
-'Quinquina wine', where th..: main flavouring is 
natural quinine flavouring. 
'Bitter vino', where the main flavouring is natural 
gentian flavouring and [he drink has been 
coloured with authorized )'ellow :lnd/or red colou­
ring matter; the use of tr:e word 'bitter' in this 
connection sh:lll be witho:Jt prc:judice [0 its use to 
define products which do r.ot bt\ within the scope 
of this Regulation, IP/N/lIGBRlG/2 
Pagina 22 
No L 149/4 Official Journal of the European Communities 14. 6. 91 
'Americano', where the fla .... ouring is due to the 
presence of na,ural flavouring substances derived 
from wormwood and gentian and the drink has 
been coloured with authorized yel\ow and/or red 
colouring ma.ter. 
,-\rom:nizcd wine to which good-quality egg yolk or 
contracts thereof have been added and which has a 
sugar content expressed in terms of invert sugar of 
more than 200 grams and a minimum egg yolk 
coment of 10 grams per litre of finished product. 
The term 'cremovo' mal' accompany the term 'egg­
based aromatized wine' where such wine contains 
Musa!a wine in a proportion of not less than 80 %. 
The term 'cremovo zabaione' may accompany the 
term 'egg-based a~omatized v,'ine' where such wine 
contains Marsa!a ,,·ine in a proporcion of not less than 
SO % and has an egg yolk content of not less than 60 
grams per litre. 
3. Definitions of the various categories of aromatized 
wine-based drinks the description of which may: 
replace the description 'aromatized wine-based drink' 
in the Member S,ate of production, 
be used to supp!er.1cnt 'aromatized wine-based drink' 
in the other Member States: 
(2) Sa1lgria: 
a drink obtained from wine, uomatized with [he 
addition of natural citrus-fruit extracts or essences, 
with or without the juice of such fruit and with the 
possible addition of spices, sweetened and with 
COl added, having an acquired alcoholic strength 
by volume of less than 12 % vol. 
The drink may contain solid particles of citrus­
fruit pulp or peel and its colour must come exclu­
sively from the raw materials used. 
The description 'Sangria' must be accompanied by 
the words 'produced in ., .' followed by the name 
of the l\'fember State of production or of a more 
restricted region except where the product is 
produced in Sp:lin or Portugal. 
The description 'Sangria' may replace the descrip­
tion 'aromatized wine-based drink' only where the 
drink is manufactured in Spain or Portugal; 
(b) C/area: 
a drink obtained from white wine under the same 
conditions as in (:I). 
The description 'CI:lre:l' must be accompanied by 
the words 'produced in .. .' followed by the name 
of the t-.1ember State of production or of a more restricted region exce:.: .... ':-.cre the product is 
produced in Spain. 
~hc ,dcscrip~ion '~lue2' rm:;. r.e~I,:tce the descrip­
tion aromatlzed y,'lne-e::sed ':~In~ only where the 
drink is m:tnufactured ::1 S;::in; 
(c) Z/lrr.1: 
a drink obtained by ;!cd:ng c~andy or wine spirits 
as defined in Regulation (EEC) No 1576/89 (I) to 
the drinks defined in (:!) and CD), possibly with the 
addition of pieces of f~it. The actu::l! alcoholic 
strength by volume r.1US: be 9 % vol or more and 
less than 14 % vol; 
(d) Bil/er Joda: 
an 2romatized drink ob::;ind from bitter vino the 
content of which in the ::n:s;"ed product must not 
be less than SO % by \,·:::t:r.:e, with added CO! or 
carbonated water and p0sd:I:; ihe S:lme colourants 
as bitter vino. The a:,";31 ~::oholic strength b)' 
volume must be SO/I) \01 O~ more and less than 
10,5 % vol. The use 0: the ,;,,'ord 'bitter' in this 
connection shall be w;t:-.~ut p~ejudice to its use to 
define products which co n0: i~l! within the scope 
of this Regulation; 
(e) Kc:!te Elite: 
nn aromatized wine·b:;seG drink obtained by 
mixing wine, semi-sp2:;:~i:;g .... ,·ine or semi-spar­
kling "vine with added CO! ,;,,::h sparkling wine or 
sp:lrkling wine with ~:ide: CO!, and adding 
natural lemon substances 0, extr:tcts thereof, the 
taste of which must be c ~edo::iinant. The finished 
product must contain' not !ess than 25 % by 
volume of the sparklir.g w:r.e or sparkling with 
with added CO2; 
(0 Gliihlceill: 
an aromatized drink cb:~iiled exclusively from red 
or white wine and ~I,;gc:, fb';ourcd mainly with 
cinnamon and cloves. \';:nere i: has been prepared 
from white wine, the 52;~S cles-:riprion 'Gli.ihwein' 
must be supplemented b:: the words 'white wine'; 
(g) Afaitt:ein: 
an aromatized drink cJ:aineci from wine with 
added asperula odorat:: pbn:s or e~tracts thereof 
so 2S to ensure a predo::1in::::t taste of aspu:d'1 
odorata; 
(h) Afaitral1k: 
an aromatized drink obt3~:1ed r~om dry white wine 
in which aspulIla o:!ijT(1(;, plants have been 
macerated or to which ex:r:lcts of l7Jptrula 
odorata have been acicd, ,;,,':lh the addition of 
(I) OJ No L 160,12.6.1989, p. 1. IP/N/1/GBR/G/2 
Pagina 23 
14. 6. 91 Official JOUr!1;1! of the European Communities No L 14915 
oranges andior other fruits, possibly in the form of 
juice, concentrated or extracts, and with maximum 
5 % sugar sweetening; 
(i) Other definitions: 
other definitions shall be adopted in accord31lce 
with the procedure I;'\id do'\'."n in Article 13. 
4. Definition of the ca:egories of aromatized wine-
product cocktails the description of which may: 
replace the description 'aromatized wine-product 
cocktail' in the State of production, 
-be used to supplement 'aromatized \vine-product 
cocktail' in the other Member States; 
(a) 1l7ille-based (ocktail: 
an aromatized drink in which: 
the proportion of concentrated grape must 
does not exceed 10 % of the total volume of 
the finished product, 
the sugar content, expressed as invert sug:tr, is 
less than SO grams per ljtre; 
(b) Aromatized umi·~p;:rk/r"llg grapt-ba.l"(·,d cock/tu"!: 
a drink: 
-prepared exclusively from grape must, 
-the actual alcohol ic strength by volume of 
which is less than 4 % vol, 
containing carbon dioxide obtained exclusively 
from fermenta:ion of the products used; 
(c) Other definitiolls: 
other definitions shall be adopted in accordance 
with the procedure laid down in Article 13. 
5. The descriptions referred to in paragraphs 1 (a) and 
(0), 2 a[ld 3 may also include the following particulnrs, 
with th'~" sugar content indicated in each respective subpa­
ragraph being expressed as invert sugar: 
(a) 'extra-dry': in the case of products with a sugar 
content of less than 80 grams per litre; 
(b) 'dry': in the case of products with a sugar content of 
less than 50 grams per litre; 
(c) 'semi-dry': in the case of products with' a sugar 
concent of between 50 and 90 grams per litre; 
(d) 'semi-sweet': in the case of products with a sugar 
content of betv.:een 90 and 130 grams per litre; 
(e) 'sweet': in the case of products with a sugar content of 
more than 130 grams per litre. 
The terms 'semi-sweet' and 'sweet' may be replaced by an 
indication of the sugar content, expressed in grams of 
invert sugar per litre. 6. Where the sales description c: :1rom3tized wine­
based drinks includes the term 'sPJ~klir.g', the quantity of 
sparkling wine used must be not less than 95 %. 
7. Detailed rules for the applica:io:1 of this Article shall 
be adopted in accordance with the p~vcedurl!s laid down 
in Article 14. 
Arti(/(; 3 
Subsidiary definitions 
For the purposes of this Regul:!tion: 
(:1) 's\'I,'eetcning' shall mean: 
using one or more of the fc}!!o"'ing products in the 
prep:1ration of aromatized wines. aromatized wine­
based drinks and aromatized wi:;e-product cocktails: 
semi-white sugar, white SUg:;i. rdined white sugar, 
dextrose, fructose, glucose S)'rL.!? liquid sugar, invert 
liquid sugar, invert sugar syrup, rtctified concentrated 
grape must, concentrated g~:!?e must, fresh grape 
must, burned sugar, honey, c::rob syru?, or other 
natural carbohydrate substances ha·.ing a similar effect 
to che above products. 
'Burned sugar' means the produ::t obtained exclusively 
from the controlled heating of sucrose without bases, 
mineral acids or other chemical additives; 
(b) 'i1avouring' shall mean: 
using onc or more of the f:3\'ourings defined in 
Article 1 (2) (a) of Direct;\"e 88/388/EEC and/or 
aromatic herbs and/or spices ilid/or flavouring food­
stuffs in the preparation of aro:l1atized wines, aroma­
tized wine-based drinks and aroillatized wine-product 
cocktails. 
Addition of such substances confers on the final 
product organoleptic char2cte~is:ics other than those 
of wine; 
(c) 'colouring' shall mean: 
using one or more colorul:s i:1 the preparation .of 
aromatized wines or aromatized wine-product cock­
tails; 
(d) 'adding ~lcohol' shall mean: 
using one or more of the following products in the 
preparation of arom::ltized ,;ines and, where appro­
priate, aromatized \l:ine-b2sed drinks: 
ethyl alcohol of viticultura! origin, 
wine alcohol or dried gra?e alcohol, 
ethyl alcohol of agricultural origin. 
wine distillate or dried gr;;pe distillate. 
distillate of agricultural oiigin, 
wine spirit or grape-marc spirit, 
dried grape spirit, IP IN I lIGBR/G/2 
Pagina 24 
No L 149/6 Oificial Journal of the European Communities 14. 6. 91 
which comply wit~ the characteristics laid down by 
Community provisions, in particulu, the characteris­
tics of ethyl alcohol must comply with those set out in 
Annex I; 
(e) ':!ctual alcoholic strength by volurr.e' shall me:tn: 
the number of vclumes of pure :!lco!101 at 200 C 
contained in 100 volumes of [he product at the same 
temperature; 
(I) 'potential alcoholic strength by volume' shall mean: 
the number of volumes of pure alcohol at 200 C 
which would be produced by total fermentation of the 
sugar contained in 100 volumes of the product at the 
same temperature; 
(g) total :!lcoholic screi1gth by volume' shall mean: 
the sum of the actual and potential alcoholic strengths 
by volume; 
(h) 'natural alcoholic s:rength by volume' shall mean: 
the total alcoholic mength by volume of the product 
before any enrichment. 
Article 4 
1. For the drinks referred to in this Regubtion the list 
of authorized food adciti.-es, the direccio;s for their use 
and the products concemed shall be determii1ed in accor­
dance with the procedure laid do,;vn in Directive 
S9/107/EEC('}. 
2. For the prepua,ion of these drinks, the addition of 
water, possibly distilled or demineralized, shall be autho­
rized provided that the qualicy of the 'V"a,er conforms to 
the national provisio:1s adopted pursuar.t to Directi ..... es 
90/777/EEC and SO/778/EEC and that the wa~er added 
does not change the r,'aturc of the drink. 
3. Ethyl alcohol used to dilute or dissolve colorants, 
flavourings or any other authorized additives used in the 
preparation of (he SJid aromatized products must be of 
agricultural origin arid be used in the dose strictly neces­
sary to dilute or dissolve colorants, fla\'ourings or any 
other authorized additive. 
4. Detailed rules, including the methods to be used for 
analysing the products covered by this Rcgubtion, shall 
be adopted in accordance with the procedure laid down 
in Article 13. 
Article 5 
1. The oenological processes and practices authorized 
for wines and musts s!.all be as bid down by Regulation 
(EEC) No 822/87. 
2. Processes for finished products and raw materials 
other than those referred to in par:lgraph 1 may be deter-
(') 0) No L 40, 11. 2. 1989, p. 27. mined in accord~r:ce \",ir:: th~ procedure laid down In 
:\rtic1c 14. 
.-: rlicl, 6 
1. The use of the dC5cri?tio:1s rderred to in Article 2 
and in this Article sh:1!\ ce ~e5tricted to the drinks defined 
therein, account bci~g t:!:·:cn of the requirements laid 
down in Articles 2 ad ~. The descriptions in question 
must be used to dC5cribc the s:1:d drinks in the Commu­
nity. 
Drinks which do no, r.,ee' tr.c requirements laid dO\\'11 
for the drinks dc::find i;: :\r.:clc 2 may not bear the 
dcscriptions assigr.cd to t~.e b:ter therein. 
2. (:t) The geographical cesigr.:!tions listed in Annex II 
may repbce tfoe ce;crip,ions referred to in para­
graph I or st;P?lcr.'.cnt ,hem, forming composite 
dcscri pt ions. 
(b) These geogrJ?!~!c::1 dcsig:1ations shall be reserved 
for drinks in re5ptc; of which the production stage 
during which they acqc:ired their character and 
definitive qu::li~ies :~ok place in the geographical 
area indica:cd, :)~o· .. :ced that the consumer is not 
misled as to tl-:e r::-:--I.,a:erial used. 
3. The sales aescr::',:C:::5 referred to in paragraph 1 
may not be s'upplem'entd by geographical ascriptions 
allowed for 'wine procuCE5. 
4. l'.fembcr States r.~:!i' G?ply specific national rules on 
production, mo'.'emcn' "'i:~irl ;; 1'.Iember State, descrip­
tion and presentation of t~·: d~inks referred to in Annex 
Il manufactured wi,;,;,: their territories, in so far as such 
rules arc compatible .... ith Community law. 
A I'licle 7 
1. The sales descri:>,io:: of aromatized drinks contai­
ning wine products <1~d fi::':ou;i:1gs and with a minimum 
alcohol strength by \'olur..e of 1,2 % \'cl which do not 
comply v:ith this Reg-.:latic.i\ sh::l1 contain no reference to 
wine-sector products. 
2. Aromatized dri,,~s 'Vo'::ich do not comply with (his 
Regulation may not be md,eted for human consumption 
b), associating words or ph:ases such as 'like', 'eype', 'scyle', 
'make', 'flavour' or any o~i:er si:-nilar indications with an)' 
of the descriptions ment:cned in this Regulation. 
3. At the l<1test six months following the entry into 
force of this Regulatioi1, the Co:nmission shall present to 
the Council an appro?ria:e pro?osa\ concerning arom:l­
tized drinks which contain ,,'ine-sector products, arc 
obtained by adding a!.:ohol and which are not covered by 
this Regulation, 
Use of the words used to cescribe drinks known as 'wine 
cooler' shall be authorizd for such drinks until the 
Council has taken a decision on the aforementioned 
proposal. IP/N/lIGBR/G/2 
Pagina 25 
I·;' 6. 91 Official Journal of the European Communities l':o L 149/7 
Articl!· 8 
1. In addition to complying "i,h nation.,! rules 
adoptcd in accordance wi:h D:rective 79ill2iEEC, thc 
labelling, presentation 2nd advcrtising of the drin~:s 
rckrred to in Article 2 shall comply with this .-\r~icle. 
., The sales description of the products rderred to in 
.-\rticle 2 shall be one of the descriptions to be us:.::d 
C~:CILl5ive!y for such products L:nder Article 6. 
J. The descriptions referred to in Article 2 may be 
~upplemented by a rderence to ,he main fiavouring lIS~d. 
4. Where the alcohol used ir. the manufacture or the 
drinks covered by this Regulations comes from one sole 
raw material (for example, solely wine :1Icohol. mo!:l$5eS 
alcohol or grain alcohol), the Ilaturo:! of the :llcohol may be 
inJiC:Hed on the label. 
Should the :llcohol come from 5:,::\,eral raw matl:ri:lI$, no 
special indic:ltion relatir.g to che nature of the alcohol 
shall appear on the label. 
Ethyl alcohol used in the prepa~ation of drinks covered 
by this Regulation to dilu,e or dissolve COI0[;1O:5, flavou­
rings or any other authorized :ldditives shall not be 
n:gJrded as :In ingredient. . 
5. The geographical des!gna~ions listed in .-\nnex 11 
may not be translated. 
6. The paniculars proviced for in this Regulation shall 
be given in onc or rno:e official languages of the 
Communiry in such a way that the final consumer can 
re:ldily underst3nd each item, unless purchasers are 
provided with the information by o.her means. 
7. In the case of drinks o~igir.ating i:1 third countries, 
use of an official langu:l,ge of the third country in which 
the product has been m::de shall be authorized if the 
particulars provided for in this Regul:ltion are also given 
in an official language of the CommuniC)' in such a way 
that [he final consumer can readily understand each item. 
8. Without prejudice to Article 11, in the case of 
drinks originating in the CommuniC)' and intended for 
export, the particulars provided for in this Regulation may 
be repeated in another bnguage ; this does not apply to 
the designations referred to in paragraph 5. 
9. In the case of the drinks referred to in Article 2, the 
following may be de~ermi:1ed i:1 3ccordance with the 
procedure laid down in Article 13: 
(a) the special provisions governing the use of terms refe:­
ring to a certain property of the product, such as i~s 
history or the method by which it is prepared; 
(b) [he rules governing the labelling of products In 
containers not intended for the final consumer. 
Article 9 
I. t->fember StJ[es shall [3ke [he measures necess3ry [0 
ensure [hat Community provisions relating [0 aromatized 
wines, uOn1Jtized wine-b:l.sed drinks and arol1l:ltized wine-product cocktails are cOiT;;.!iec with. They sh:lll 
appoint one or more agencies :::> r.icnitor compliance 
,,·ith these provisions. 
In the ClSC of the drinks listed ::1 :\;.ne:.: II, it may be 
decided in accordance with the ;:·:ccecure bid down in 
.-\rticle 13 that such supervisio:l ·:!iid protection shall be 
effcw::d, for the purposes of r.1ovement v:ithin [he 
Communiry, by means of comn~:::.:ia! documents verified 
by the administration and by th~ ~::,:ep:ng of appropriate 
registers. 
2. For drinks listed in Annex!: v .. !:ich :Ire exported, a 
system of authentication docum::-:;:$ lO eliminate fraudu­
lent practices and counterfeits :-:::1)" be established in 
accordance with the procedure I:!:: co\'·n in Article 13. 
If the system referred to in the j:~$" st!bpuagraph is not 
introduced, the Member States sh~:~ i:;1p!ement their own 
authentication systems, provided :~I:1: these comply with 
Community rules. 
3. The Council, :!cting by a c:~a:if:ed maJoncy on a 
propos:ll from the Commission, s:-:~:!i acopt the necessary 
measures for the uniform appt:':1:ion of Communitys 
provisions in the aromatized ',·;:-:es, aromatized wine­
based drinks and aromatized -;,·;:1e·p:oduct cocktails 
sector, particularly with regard to contiols and relations 
between the competent bodies of the Member States. 
4. Member States and the Comr::ission shall communi­
cate to each order the informatic:: necessary for imple­
menting this Regulation. Detailed ;.!!es for the communi­
cation and dissemination of sue;': info~:1lation shall be 
adopted in accordance with the r:ceed:.Jre laid down in 
Article 13. 
Article J~ 
In order to be marketed for hur.::::-: consumption within 
the Communicy, imported drinks cefined by this Regula­
tion and bearing a geographical as:,:ption may, subject to 
reciprocal arrangements, qu:dify f:.~ the supervision and 
piotection referred to in the s::cond subparagraph of 
Article 9 (I). 
The first subparagraph shall be i:::pler.,ented by agree­
ments to be negotiated and co;;.:luded with the third 
countries concerned under the p:cced'..!:e laid down in 
Article 113 of the Treary. 
The implementing ntles and the 1:3: of products referred 
to in the first subparagraph sh:lll be adopted in accor­
dance with the procedure laid do-;-,·., in Article 14. 
Article 11 
Other th:ln in the case of excep:i;,ns to be decided in 
accordanc(! with the procedure la;:: down in Article 13, 
aromatized wines, aromatized "h·::;e·bascd drinks and 
aromatized wine-product cocktails intended for export 
must comply with the provisions er this Regulation. IP/N/l/GBR/G/2 
Pagina 26 
No L 149/3 Official Journal of the European Communities 14. 6. 91 
Article 12 
I. An Implementation Committ~e for the drinks covered 
by this Regulation. hereinafter .. referred to :!s .the 
'Committee' shall be set up, conSlStlng of representatives 
of the Member States and chaired by a rcpr~sent:lti\'e of 
the Commission. 
2. \Vithin the Committee the votes of Member States 
shall be weight~d in accordance \\'ith Article 14S (2) of 
the Treaty. The chairman shall not vote. 
Article 13 
I. Where the procedure laid down in this Article is to 
be followed, the chairman shall refer the matter to the 
Committee either on his own initiative or at the request 
of the representative of a Member State. 
1. The representative of the Commission shall submit a 
dr3ft of the measures (0 be adopted. The Committee shall 
deliver its opinion on the draft 'within a time limit which 
the chairman may lay down according to the urgency of 
the questions submitted for consideration. An opinion 
shall be adopted by a majority of 54 votes. The votes of 
the Member States shall be weight~d in accordance with 
Article 148 (2) of the Treaty. The chairman shall not vote. 
3. The Commission shall adopt measures which shall 
apply immediately. However, if these measures are not in 
accordance with the opinion of the Committee, they shall 
forthwith be communicated by the Commission to the 
Council. In that event, the Commission may defer appli­
cation of the measures for one month from the d:!te of 
communication. 
The Council, acting by a qualified majority. may take a 
different decision within one month. 
Article 14 
I. 'Where the procedure laid down in this Article is to 
be followed, the chairman shall refer the matter to the 
Committee either on his own initiative or at the request 
of ·the representative of a t-.fember State. 
2. The representative of the Commission shall submit 
to the Committee a draft of the measures.to be taken. The 
Committee shall deliver its opinion on the draft within a 
time limit which the chairman may lay down according to the urgency of the matter. Tr.e o?inion shall be deli­
vered by the majority laid COW:1 in .~~,ide 148 (2) of the 
Tr~~t)' in the case of deci5!o:-.5 ~'hi:h the Council is 
requir~d to adopt 0:1 a pro?os::! fr0:":1 the Commission. 
The votes of the representa.iv:!s 0: tr.e Member States 
within the Committce shall be ? .. eig~.ted in the manner 
set out in that Article. The cb:rr.;.;::1 shall not Vote. 
3. (a) The Commission sh~ll ~:'JP: the measures envi­
saged if they are in aCCOi:~n.:e with the opinion of 
the Committee. . 
(b) If the measures enV!5a.;:::-': are not in accordance 
with the opinion of t::e Committee, or if no 
opinion is ddivered, the Comr.:ission shall without 
delay submit to the Cou:-. .:il a proposal relating to 
the measures to be take:1. The Co~ncil shall act by 
a qualified majority. 
If, on the expiry of thrce r.io:::hs ~5 from the date of 
rderral to the Council, the Cc:.:ncil has not acted, the 
proposed measures shall be ;;c!,,?:ed by the Commission. 
The Committee may consider a:-.y o,;-:er question referred 
to it by its chairman, either 0;1 l"::5 o,;"n ir:itiative or at the 
request of the representati\c cf a 1--fember State. 
Article i6 
1. In order to facilitate tr-.e cn.:!ngeover from the 
present arrangements to tho:e i:-.tw:'..!ced by this Regula­
tion, transitional measures sha!i ':le ~::opted in accordance 
with the procedure laid d0,;,,'r: in .~~,icle 13. 
2. Such transitional mea5'J~e5 sb1! be applicable for 
not more than two years fro:n t::e cl.::e of implementation 
of this Regulation. 
Arfjeh ! 7 
This Regulation shall entei ir.::> fc::e Oil the third day 
following its publication in ,:-:e Ojfi~'ial jOllrnal of the 
European Communities. 
It shall apply from 17 Dece;.,b~i 1991 with the exception 
of Articles 12 to 15, which s:'d ap?ly as from the entry 
into force of this Regulatio:1. ;-{o~;:!';er, drinks produced 
and labelled before that ch:e ::13)' be disposed of until 
stocks run out. 
This Regulation shall be binding In its entirety and directly applicable 1:1 a}: Member 
States. 
Done at Luxembourg. 10 June 1991. 
For the Coullci! 
17)e President 
J..c. JUNCKER 14. 6. 91 IP/N/1/GBRlG/2 
Pagina 27 
Official Journal of the European Communities 
ANNEX I 
Characteristics of eth)'1 alcohol as rcCerred to in Article 3 (d) 
I. Organoleptic ch:Hacteristics: 
2. Minimum alcoholic streng:h by volume: 
3. Maximum level of residues 
-Tot31 acidity expressed in g of acetk acid per hi of alcohol at 
100 % vol: 
-Esters expressed in g of eeh)'1 acetate per hi of alcohol at 100 % 
vol: 
-Aledhydes expressed in g of acetaldehyde per hi of alcohol at 
lOO % \'01: 
-Higher alcohols expressed in g of methyl-2 prop3nol-l per hi of 
alcohol at 100 % vol: 
-Meth3nol expressed in g per hi of alcohol at 100 %-vol: 
-Dry extract expressed in g per hi of alcohol at 100 % vol: 
-Volatile bases containing nitrogen expressed in g of nitrogen per 
hi of alcohol at 100 % \'01: .. 
-Furfural: 
ANNEX 11 No detect3ble t3ste other than that 
of the raw mate.:al 
96,0 % \'01 
1,5 
1,3 
0,5 
0,5 
50 
1.5 
0,1 
Not detect3ble 
Aromatized drinks based on wine produces 
geographical designations 
Niirnberger Gliihwein 
Vermouth de Chamber)' 
Vermouth di Torino re/c-rr(d fO ill Article 6 (2) No L 149/9 IP/N/1/GBR/G/2 
Pagina 28 
REGULA 1l0N (EC}'NoJ37S/9:f'PF THE EUROPE:\N PARLlAME!':T AND 
OF THE COU1':CIL 
of 22 December 1994 
:lmending Regubtion (EEC) N-O}lSj6/8~.la)'ing down general rule~ . .o~ the definition, 
description and presentation of spirit drinks and Regulation (EEC) No' 1601/9f,!aying down 
general rules on the definition, description and presentation of aromatized \ .... ·ines. aromatized 
wine-based drinks and arom:ltized wine-product cocktails following the Uruguay Round of 
the multibcer:d tr;lde negoti:ltions 
THE EUROPEAN PARLIAMENT AND THE COUNCIL 
OF THE EUROPEAN UNION. 
Having regard to the TreJty establishing the European 
Communir)" and in particular, Articles 43 and 100a 
ehereof, 
Having regard to rhe proposal from the Commission, 
Having regard ro the opinion of che Economic and 
Social Committee (I), 
Acting in accordance with the procedure referred to in 
Article 189b of the Treaty (2), 
\'\.'hereas Regulation (EEC) No 1576/89 (3) and Regu­
lation (EEC) No 1601/9] (4) lay down general rules (or 
the definition, description and prcser.tation of spirit 
drinks, aromatized wines, aromatized wine-based drinks 
and aromatized wine-product cocktails; whereas in 
order to take account in the said Rebulations of the 
obligations arising, in particular, from Articles 23 and 
24 of the Agreement on Trade-Reldted Aspects of 
IntelleCtual Property Rights, which forms an integral 
(I) Opinion delIvered on 24 November 1994 (noe yet publIshed 
in tht: Official journal). 
(2) Opinion of the Europt:an P:uliamcne of ) 3 D:cember 1995 
(OJ No C 369, 24. 12. 1995, p. I), Council common 
posieion of 13 December 1994 (noe yee published in the 
Off,cial journ.1l) nd Decision of Ihe EuropcJn P.1rli.1menc 
of 15 December 1994 (nol yet published In the OH"iJI 
journll). 
(1) Oj No L 160,12.6.1989, p. 1. Rq:ubtion H bst lmenJcd 
b~· Regulallon (EEC) No 3280/92 (OJ No l32i, IJ. 11. 992, 
p.3). 
(4) OJ No L 149, H. 6.1991, p. I. Re~ublion as bsc .1mcnded 
by Rcgubcion (EEC) NoJ279/92 (OJ No U27,D. 11. 1992, 
p. 1.). part of the Agreement establishing the World Trade 
Organization, provision should be made therein for the 
parties concerned to prevent, unde:r certain conditions, 
the: unlawful use: of geographical designations protected 
by a third country member of the: \V'orld Trade Organiza­
tion, 
HA YE ADOPTED THIS REGULA TION: 
Article 1 
1. The [ollo\ ... ·ing Article shall be inserrcd after Article 
11 of Regulation (EEC) No 1576/89: 
I Article 11 a 
1. Member State:s shall adopt all measures necess­
a ry to permit those concerned to prevent, under rhe 
condi.ions laid down in Articles 23 and 24 of the 
Agreement on Trade-Related Aspects of Intellectual 
Propen)' Rights, the use \a,'ithin the Community of a 
geographical designation identifying products 
covered by this Regulation for products which 
do not originate in the place referred to by the 
geographical designation in question, including in 
cases where the actual origin of the produq is 
indicated or where: the geographical designation is 
given in translation or accompanied b)· expressions 
such as 'like', 'type', 'style', 'imitation' or other. 
For the purposes of this Article, 'geographical 
design:ltion' shall mean any indication identifying a 
producr :lS origin:1ting in the territory of 3 third 
country which is :l m:::1!b::r of [he World Trade 
Organizacion, or in a region or 10caIH)' of that 
territory, where:l quality, repuc3tion or other specific 
characteristic of thac producc can essentially be 
anribuced to that ~eogrJphiCJI origin. 2, PJrJJ;rJph 1 sh:tll Jrplr norwithstanding 
.-\rtidc 11 of this Regubrion Jnd orher provisions of 
Community legislarion lJyinp. down rules for the 
description and presentarion of producrs covered by 
this Ref,ulation. 
3. f)etJiled rules (or rhe Jppli(arion of th~ Article, 
where ne(eS$JrY, shall he :ldopted in J,coro:ln,e 
",irh rhe procedure bid down in Arride 15: 
2. Tht.: following. Article is inserred :lfter Article 10 of 
Regubrion (EEC) No 1601/91: 
'Ar(icie 10:1 
1. Mcmber States shall adopt :111 measures necess­
a ry [0 permit those concerned to .prevent, under the 
conditions bid down in Arricles 23 and 24 of the 
Agreement on Trade-Related Aspects of Intellectual 
Propeny Rights, the use within the Community of 3 
geoPJrhic:l1 designation identifying produces 
covered by this Reg,ulation for products which 
do nor originate in rhe place referred co by rhe 
geographical designarion in question, including in 
Clses , .... here the actual origin of the product is 
indicated or where the geographical designations 
given in translation or accompanied b)' expressions 
such as 'Iikc', 'rype', 'st}'le', 'imitarion' or other. . IP,/~/lIGBR/G/2 
Pagina 29 
For the purpose$ of this Article, 'geo~raphicll 
Jesl~n:ltion' shJll me:tn lny indic:ltion idencifrin~ J 
rrodu..:r :t5 originating in the territory of:1 third 
..:ounm' \ .... hi(h is :l member of the World TrJde 
Orpniz:ltion. or in :1 region or locarity of chat 
[errirory, where J qUJlity, repurJtion or OTher specific 
.:h3r~creristi(' of rh:1t product Cln eSlscnrillly be 
:t[trtburcJ to ch:l[ geor.raphic:lI ori~in. 
1. P:tr:tp:tph 1 shall 3pply nocwichsr:mding 
Arii..:lc: 10 of rh is Rer.ubrion lnd orhc:r provision$ of 
Cummuniry ICj?,isbrion laying down rules. for the 
dcs.::rirrion :\nd presenrlrion of products,co"\'ered hy 
rhi~ Regubrion. 
3. Derailed rules for rhe applic:lrion of rh is Article, 
",hac necessary, shall be adopted in a~.~ordan('e 
with the procedure laid down in Article 14/, 
'Article 2 
The Commission shlll submit e3ch year [0 che EuropeJn 
Pnlilmenr and ro rhe Council a report on the application 
of che instrumenrs in force, bJcked up by appropriatc 
stltisri.::al dJrJ, 
Article 3 
1. This Regulation shall enrer inco force on 1 January 
1995. 
2. It shall JPpl)' from 1 January 1996. 
This Regularion shall be binding in its entirc::lr and direcdy :;pplicable in all Member Scares. 
Done at Brussels, 21 December 1994. 
For the European Parliamer.t 
The President 
K. HANSCH For (he Council 
The President 
H.SEEHOFER