EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2022) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Regulation  (EU) 2019/787 of the European Parliament and of the Council as 
regards the definition of and requirements for ethyl alcohol of agricultural origin   EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
The definition of and requirements for ethyl alcohol of agricultural origin were not 
substantially changed during the revision of Regulation (EC) No 110/2008 and the definition 
and requirements as set out in the current Spirit Drinks Regulation (EU) 2019/787 a re 
outdated from a technical/scientific point of view and no longer correspond to the technical 
parameters currently applied by Union producers and most laboratories of analysis.  
Consequently, Article 5 Regulation (EU) 2019/787, providing for the definitio n of and 
requirements for ethyl alcohol of agricultural origin, needs to be amended to bring those 
technical parameters in line with those currently used by the industry . 
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
Representatives of the industry hav e pointed out to the Commission that the existing 
definition of and requirements for ethyl alcohol of agricultural origin are no longer in line 
with the technical parameters currently used in production . 
Consultations involving experts from all the 27 Memb er States have been carried out as a 
preparation for and during the meeting of the Expert Group for the Common Organisation of 
Agricultural Markets – Spirit Drinks held (virtually) on 28 April, 29 June, 12 October and 30 
November 2021 . This consultation process led to a broad consensus on the draft delegated 
regulation . 
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
The delegated act is based on Article  8(1) of Regulation (EU) 2019/787 and concerns solely 
one provision that the Commission has been granted the emp owerment to amend by virtue of 
that pararaph. It should be adopted by means of the procedure according to Article 46 (8) of 
Regulation (EU) 2019/787.  
The delegated act  is strictly limited to meeting demonstrated needs resulting from evolving 
technological p rogress, in accordance with Article 8(1) second subparagraph of Regulation 
(EU) 2019/787 . 
Article 1 : This Article provides for the amendment of Article 5 of Regulation (EU) 2019/787 , 
which provides the definition of and the requirments for ethyl alcohol of  agricultural origin.  
Article 2: This Article provides for the entry into force of the amendment provided in Article 
1.EN 2  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Regulation  (EU) 2019/787 of the European Parliament and of the Council as 
regards the definition of and requirements for ethyl alcohol of agricultural origin  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Regulation (EU) 2019/787 of the European Parliament and of the Council of 
17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use 
of the names of spirit drinks in the presentation and labelling of other foodstuffs, the 
protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates 
of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/20081, 
and in particular Article 8(1) thereof,  
Whereas:  
(1) Article 5 of Regulation (EU) 2019/787  provides for the definition of and the 
requirements for ethyl alcohol of agricultural origin , also referred to by the industry as 
agricultural alcohol, neutral alcohol or rectified alcohol . That technical definition and 
those requi rements have been carried over without any substantial change from those 
laid down in point 1 of Annex I to Regulation (EC) No 110/2008  of the Europea n 
Parliament and of the Council 2.  
(2) The definition and the requirements for ethyl alcohol of agricultural origin provided 
for in Article 5 of Regulation (EU) 2019/787 result however partly outdated from a 
technical and scientific point of view. In particular, the maximum levels of certain 
residues need to be brought in line with the technical parameters curren tly used by the 
industry and by most laboratories of analysis.  The technological progress in this field 
justifies thus the need for an amendment of that definition and those requirements.  
(3) The reference s to ‘total acidity’, ‘volatile bases containing nitrog en’ and ‘dry extract’ 
provided for in Article 5 , point (d)(i), (vi) and (vii),  of Regulation (EU) 2019/787 are 
no longer relevant as they are not normally used as process technical parameters, since 
the presence of such residues in an alcohol with a streng th of 96  % by volume is 
negligible and it is unlikely to be found in an ethyl alcohol of agricultural origin . 
(4) Concerning ‘esters’, ‘aldehydes’ and ‘higher alcohols’, the maximum levels provided 
for in Article 5, point (d)(ii) , (iii)  and (iv), of Regulation  (EU) 2019/787  lack 
specificity and require currently wet chemistry methods, which are not defined in 
Union law. A more precise definition of the substances to which the residue limits 
apply would improve the results of the analyses to be carried out on et hyl alcohol of 
agricultural origin with methods such as gas chromatography and would be beneficial 
                                                 
1 OJ L 130, 17.5.2019, p. 1.  
2 Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the 
definition, description, presentation, labelling and the protection of geographical indications of spirit 
drinks and repealing Council Regulation (EEC) No 1 576/89 (OJ L 39, 13.2.2008, p. 16).  EN 3  EN for analysts since many of the older analysis techniques require the use of dangerous 
chemicals.  
(5) In particular, it is appropriate to limit esters to ‘ethyl a cetate’ only. While many esters 
can be formed in the fermentation process, the one that exists in the highest 
concentration is ethyl acetate, while any other esters potentially present in ethyl 
alcohol of agricultural origin are unlikely to be detectable b y employing standard 
analytical techniques and contribute in a negligible way to the total amount of esters. 
The measurement of ethyl acetate should be based on the reference method set out in 
Commission Regulation (EC) No 2870/20003 as this is an establis hed method 
currently used for the analysis of a number of spirit drinks.  
(6) Similarly, the main contributing aldehyde to the total aldehydes is ‘acetaldehyde’. It is 
therefore appropriate to only use acetaldehyde as the parameter in this determination. 
Since acetaldehyde is in equilibrium with 1.1 diethoxyethane, that is the two 
molecules are both present and they convert one into each other due to the chemical 
physical conditions , it is also necessary to count the fraction of acetaldehyde contained 
in the ace tal. The measurement of acetaldehyde should be based on the reference 
method set out in Regulation (EC) No 2870/2000 as this is an established method 
currently used for the analysis of a number of spirit drinks.  
(7) Higher alcohols are present in substantial a mounts after fermentation. However, only a 
small amount of higher alcohols is present in ethyl alcohol of agricultural origin since 
higher alcohols are easily distilled because of the higher boiling points. The 
measurement of the higher alcohol should be b ased on the reference method set out in 
Regulation (EC) No 2870/2000 as this is an established method currently used for the 
analysis of a number of spirit drinks.  
(8) Concerning ‘furfural’, the current requirement that it is not detectable refers to a wet 
chemistry method that is no longer used in most Member States, thus preventing 
uniform and defined analysis methods and results. Since currently there is no defined 
reference method for the analysis of furfural in ethyl alcohol of agricultural origin, it is 
appropriate to define a threshold that can be achieved with the different methods that 
are currently used in most laboratories  in the Member States , that are more precise 
since the original inclusion of that requirement. The measurement of furfural should 
be based notably on the liquid chromatography method for wood compounds set out in 
Regulation (EC) No 2870/2000.  
(9) Moreover, for the sake of completeness and in line with the definition of distillate of 
agricultural origin laid down in Article 4, point (7), o f Regulation (EU) 2019/787 , it is 
appropriate to provide that ethyl alcohol of agricultural origin is the result of the 
distillation, after alcoholic fermentation, of agricultural products.  
(10) Regulation (EU) 2019/787 should therefore be amended accordingly , 
HAS ADOPTED THIS REGULATION:  
Article 1  
Article 5 of Regulation (EU) 2019/787  is replaced by the following:  
‘Article 5  
                                                 
3 Commission Regulation (EC) No 2870/2000 of 19 December 2000 laying down Community reference 
methods for the analysis of spirit drinks (OJ L 333, 29.12.2000, p. 20).  EN 4  EN Definition of and requirements for ethyl alcohol of agricultural origin  
For the purposes of this Regulation, ethyl alcohol of agricultural  origin is a liquid which 
complies with the following requirements:  
(a) it has been obtained through alcoholic fermentation, followed by distillation 
exclusively of agricultural products listed in Annex I to the Treaty;  
(b) it has no detectable taste other than th at of the raw materials used in its production;  
(c) its minimum alcoholic strength by volume is 96 ,0 %; 
(d) its maximum levels of residues do not exceed the following:  
(i) ethyl acetate: 1,3 grams per hectolitre of 100 % vol. alcohol ; 
(ii) acetaldehyde (sum of eth anal and 1,1 -diethoxyethane): 0, 5 grams per hectolitre 
of 100 % vol. alcohol ; 
(iii) higher alcohols (sum of: propan -1-ol, butan -1-ol, butan -2-ol, 2- methylpropan -
1-ol, 2-methylbutan - 1-ol and 3 -methylbutan -1-ol): 0,5 grams per hectolitre of 
100 % vol. alco hol; 
(iv) methanol: 30 grams per hectolitre of 100 % vol. alcohol ; 
(v) furfural: 0 ,5 grams per hectolitre of 100 % vol. alcohol .’. 
Article  2 
This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journ al of the European Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN