EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2021) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Regulation (EU) 2019/787 of the European Parliament and of the Council as 
regards the labelling of spirit drinks resulting from the combination of a spirit drink 
with one or more foodstuffs   EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
Currently , Regulation (EU) 2019/787 does not require that the legal name of spirit drinks  
obtained by combining a spirit drink category or geographical indication  with other foodstuffs  
should appear in the same visual field as the compound term describing that combination . 
This delegated act aims at specifying  the conditions for labelling such spirit drinks . 
In fact, in the the absence of such requirement, the actual nature of the spirit drink  resulting 
from that combination may not result clear ly and the labelling  may induce consumers to 
believe that the compound term is the actual name of the spirit drink . This, in certain cases, 
may result in the abuse of the reputation of a spirit drink (category or geographical indication) 
whose legal name appears in combination with one or more foodstuffs that have not been used 
in its production in accorda nce with Annex I to Regulation (EU) 2019/787 or with the 
relevant product specification, as the resulting spirit drink  would have a different legal name . 
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
Certain Member States have pointed out to the Commission that the absence of a provision 
requiring to indicate the  legal name of the spirit drink  in the same visual field as the 
compound terms weakens the provisions concerning the latter . 
Consultations involving experts from all the 27 Member States h ave been carried out as a 
preparation for and during the meeting s of the Expert Group for the Common Organisation of 
Agricultural Markets – Spirit Drinks held (virtually) on 13 October and 3 December 2020   as 
well as 9 February 2021 . This consultation proc ess led to a broad consensus on the draft 
delegated regulation.  
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
The delegated act is based on Article 50(3) of Regulation (EU) 2019/787  and concerns solely 
one provision that the Commission has been granted the empowe rment to amend by virtue of 
that pararaph . It should be adopted by means of the procedure according to Article 46 of 
Regulation (EU) 2019/787.  
Article 1 : This Article provides for the legal name of spirit drinks  obtained by combining a 
spirit drink category or geographical indication with other foodstuffs to appear in the same 
visual field as the compound term describing that combination . This aims at avoid ing that  
consumer s are misled about the content of the re sulting spirit drink . 
Article 2 : This Article provides for a transitional period in that it allows spirit drinks  
concerned by the present Regulation which were  labelled before 31 December  2022  in 
compliance with the provisions of Regulation (EC) No 110/200 8, to continue being placed on 
the market without need to be relabelled.  
Article 3: This Article provides for the simultaneous application of the amendment provided 
in Article 1 with the provision it refers to ( i.e. Article 11(3) of Regulation (EU) 2019/78 7) 
which, by virtue of Article 51(1) of Regulation (EU) 2019/787 , will apply from 25 May 2021.  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 labelling of spirit drinks resulting from the combination of a spirit drink 
with one or more foodstuffs  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regar d 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 foods tuffs, 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 50(3)  thereof,  
Whereas:  
(1) Article 11(3) of Regulation (EU) 2019/787 lays down rules on the description, 
presentation and labelling of alcoholic beverages obtained by combining a spirit drink  
category or a geographical indication for a spirit drink with other foodstuffs . Such 
alcoho lic beverages are described by c ompound terms  combining either  a legal name 
provided for in the categories of s pirit drinks set out in Annex I to that Regulation or 
the geographical indication for a spirit drink  with the name of other foodstuffs .  
(2) Article  11(3) of Regulation (EU) 2019/787 does not require that the name of the 
resulting alcoholic beverage is displayed in the same visual field as the compound 
term. This may induce consumers to believe that the compound term is the actual 
name of the alcoholic  beverage by unduly abusing the reputation of spirit drink 
categories or geographical  indications , notably in  the cases where the resulting 
alcoholic beverage is a spirit drink . 
(3) Article 7(1) , point (a), of Regulation (EU) No 1169/2011  of the European Parli ament 
and of the Council2 requires that food information is not misleading, notably as to the 
nature and identity of the food . Article 9 of that Regulation provides that mandatory 
food information, including the name of the foodstuff, is to be provided and  Article 13 
of th at Regulation requires that mandatory information  is marked in a conspicuous 
place in such a way as to be easily visible, clearly legible and, where appropriate, 
indelible.  
(4) In accordance with Article 9 of Regulation (EU) 2019/787, the pres entation and 
labelling requirements set out in Regulation (EU) No 1169/2011  apply  to alcoholic 
                                                 
1 OJ L 130, 17.5.2019, p. 1.  
2 Regulation (EU ) No 1169/2011 of the European Parliament and of the Council of 25  October 2011 on 
the provision of food information to consumers, amending Regulations (EC ) No 1924/2006 and 
(EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission 
Directive 87/250/EEC, C ouncil Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 
2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 
2008/5/EC and Commission Regulation (EC ) No 608/2004 ( OJ L 304, 22.11.2011, p. 18).  EN 3  EN beverages resulting from the combination of spirit drinks with other foodstuffs . In 
order to ensure that those requirements are best fulfilled , in particular for  spirit drinks  
resulting from such combination , it is appropriate to require that  the legal  name of the 
resulting spirit drink be displayed in the same visual field  as the compound term 
describing that combination . This should occur  each time the compound term is 
indicated in the description, presentation or labelling  of a spirit drink . This will 
prevent misleading practices and ensure that consumers are properly informed about 
the actual nature  of the spirit drinks  resulting from the com bination of spirit drinks 
with other foodstuffs.  
(5) This obligation should however not apply when, in accordance with Article 10(5) , 
point (b), of Regulation (EU) 2019/787, the legal name of the spirit drink is replaced 
by a compound term that includes the te rm ‘liqueur’ or ‘cream’, provided that the final 
product complies with the requirements of category 33 of Annex I  to that Regulation . 
(6) Regulation (EU) 2019/787  should therefore be amended accordingly.  
(7) A transitional period should be provided for the applica tion of the labelling provisions 
laid down in this Regulation to allow spirit drinks  labelled before 31 December 2022 
in compliance with the provisions of Regulation (EC) No 110/2008 of the European 
Parliament and of the Council3 to continue being placed on the market without 
requiring them to be relabelled.   
(8) In accordance with Article 51(3) of Regulation (EU) 2019/787 and to avoid any sort of 
regulatory vacuum, t his Regulation should apply retroactively from 25 May 2021 , 
HAS ADOP TED THIS REGULATION:  
Article 1  
In Article 1 1 of Regulation (EU) 2019/787 , paragraph 3  is replaced by the following:  
‘3. Compound terms describing an alcoholic beverage shall:  
(a) appear in uniform characters of the same font, size and colour;  
(b) not be interrupted by any textual or pictorial element which does not form part 
of them;  
(c) not appear in a font size which is larger than the font size used for the name of 
the alcoholic beverage;  and 
(d) in cases where the alcoholic beverage is a  spirit drink , always be accompanied 
by the legal name  of the spirit drink , which shall appear in the same visual field 
as the compound term , unless  the legal name is replaced by a compound term 
in accordance with Article 10(5) , point (b).’. 
Article  2 
Spirit drinks which do not  meet the requirements laid down in Article 11(3) , point (d), of 
Regulation (EU) 2019/787 as amended by this Regulation but which meet the requirements of 
Regulation (EC) No 110/2008 and were labelled before 31 December  2022 may continue to 
be placed on th e market until stocks are exhausted.  
                                                 
3 Regulation (EC) No 110/2008 of the European Parliament an 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 15 76/89 (OJ L 39, 13.2.2008, p. 16).  EN 4  EN Article 3  
This Regulation shall enter into force on the  third day following that of its publication in the 
Official Journal of the European Union . 
It shall apply from 25 May 2021 . 
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