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 allusions to legal names of spirit drinks or geographical indications for spirit 
drinks in the description, presentation and labelling of other spirit drinks   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  
alluding to one or more spirit drink categories  or geographical indication s should appear in 
the same visual field as the allusion . This delegated act aims at specifying  the conditions for 
labelling such spirit drinks . 
In fact, in the the absence of such r equirement, the actual nature of the spirit drink  may not 
result clear ly and the labelling may induce consumers to believe that the allusion 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 is made allusion to, 
whereas in this case it would no longer comply with the production requirements laid down 
for each spirit drink category in Annex I to Regulation (EU) 2019/787 or with the re levant 
product specification . 
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
Certain Member States have pointed out to the Commission that the absence of a provision 
requiri ng to indicate the legal name of the spirit drink  in the same visual field as the allusion 
to one or more spirit drinks  weakens the provisions concerning the latter . 
Consultations involving experts from all the 27 Member States have 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 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 50(3) of Regulation (EU) 2019/787  and concerns solely 
one provision that the Commission has been granted the empowerment 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 any spirit drink  making allusion to the 
name of a spirit drink category or geographical indication for spirit drinks to appear in the 
same visual field as the allusion . This aims at avoid ing that  consumer s are misled about the 
content of the resulting 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 110/2008, 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 1 2(4) of Regulation (EU) 2019/787 ) 
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 allusions to legal names of spirit drinks or geographical indications for spirit 
drinks in the description, presentation and labelling of other spirit drinks  
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 an d distillates 
of agricultural origin in alcoholic beverages, and repealing Regulation (E C) No 1 10/20081, 
and in particular Article 50(3)  thereof,  
Whereas:  
(1) Article 12 (4) of Regulation (EU) 2019/787 lays down rules on how to display  
allusions to the legal na me of spirit drink categories or geographical indications for 
spirit drinks in the presentation and labelling of alcoholic beverages . 
(2) Article  12(4) 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 allusion . 
Where the name of the alcoholic beverage appears in a different visual field than the 
allusion, consumers may be however  induce d to believe that the allusion is part of the 
name of the alcoholic beverage , notably in the cases where the resulting alcoholic 
beverage is a spirit drink . 
(3) Moreover, in certain cases, such allusion may  unduly abus e the reputation of spirit 
drink categories or geographical indications , which , when combined with other 
foodstuffs that are not  required or allowed in their production, lose their nature and 
may no longer  be labelled as such.  Displaying those names in a prominent way in the 
presentation and labelling of the spirit drink  which makes allusion to them, may thus 
effectively result in misappropriation of their reputation . 
(4) Article 7(1) , point (a), of Regulation (EU) No 1169/2011  of the European Parliament 
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 
                                                 
1 OJ L 130, 17.5.2019, p. 1.  
2 Regulation (EU ) No 1169/2011 of the European Parliament and of the Council o f 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, Council Directive 90/496/EEC, Co mmission 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 place in such a way as to be easily visible, c learly legible and, where appropriate, 
indelible.   
(5) In accordance with Article 9 of Regulation (EU) 2019/787, the presentation and 
labelling requirements set out in Regulation (EU) No 1169/2011 apply  to alcoholic 
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 
making allusion to other spirit drinks, it is appropriate to require that  the legal name of 
the resulting spirit drink be displayed in the same visual field  as th e allusion to a spirit 
drink . This should occur each time the allusion 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 drink  
resulting from the combination of spirit drinks with other foodstuffs.  
(6) Regulation (EU) 2019/787 should therefore be amended accordingly.  
(7) A transitional period should be provided for the app lication 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 plac ed 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 ADOPTED THIS REGULATION:  
Article 1  
In Article 12 of Regulation (EU) 2019/787 , paragraph 4 is replaced by the following:  
‘4. The allusions referred to in paragraphs 2 and 3  shall:  
(a) not be on the same line as the name of the alcoholic beverage ; 
(b) appear in a font size which is no larger than half the font size used for the name 
of the alcoholic beverage  and, where compound terms are used, in a font size 
which is no larger than half the font size used for such compound terms, in 
accordance with point (c) of Article 11(3) ; and 
(c) in cas e of allusions in the description, presentation and labelling of spirit 
drinks, always be accompanied by the legal name of the spirit drink , which 
shall appear in the same visual field ²as the allusion.’. 
Article  2 
Spirit drinks  which do not meet the requirements laid down in Article 12(4) , point (c), 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 the market until stocks are exhausted.  
                                                 
3 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 1576/89 (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