EN   EN  
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2022) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Regulation (EC) No 2870/2000 laying down Community reference methods 
for the analysis of spirit drinks, and repealing Regulation (EEC) No 2009/92 
determining Community analysis methods for ethyl alcohol of agricultural origin in the 
preparation of  spirit drinks, aromatized wines, aromatized wine -based drinks and 
aromatized wine -product cocktails   
EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Regulation (EC) No 2870/2000 laying down Community reference methods 
for the analysis of spirit drinks, and repealing Regulation (EEC) No 2009/92 
determining Community analysis methods for ethyl alcohol of agricultural origin in the 
preparation of spirit drinks, aromatized wines, aromatized wine -based drinks and 
aromatized wine -product cocktails  
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, presentat ion 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 i n alcoholic beverages, and repealing Regulation (EC) No 110/20081, 
and in particular Article 20, first paragraph, point (d) , thereof,  
Whereas:  
(1) The definition and requirements for ethyl alcohol of agricultural origin laid down in 
Article 5 of Regulation (EU) 2019/787 have been amended by Commission Delegated 
Regulation (EU) 2022/13032 among others to bring the maximum level of certain 
residues in line with  the technical parameters currently used by the industry and by 
most laboratories of analysis . 
(2) In that context, it is deemed necessary to amend Commission Regulation (EC) No 
2870/20003 to extend the reference methods  set out in the Annex thereto  to the 
analysis of ethyl alcohol of agricultural origin.  
(3) The alcoholic strength by volume of ethyl alcohol of agricultural origin should be 
established on the basis of the reference method set out in Chapter I of the Annex to 
Regulation (EC) No 2870/ 2000 as that is the established method currently used for the 
analysis of spirit drinks.  For that purpose, it is appropriate to establish that ethyl 
alcohol of agricultural origin should be considere d as a distillate whose alcoholic 
strength by volume is to be measured directly and not after distillation.  Nonetheless, 
since automatic densimeters provide an erratic number when the injected alcohol is not 
clear, it is appropriate to provide that the sam ple should be distilled in that case.  
(4) In view of determining the origin of ethyl alcohol, notably that it has been obtained 
from products listed in Annex I to the Treaty, it is appropriate to resume method 13  set 
                                                 
1 OJ L 130, 17.5.2019, p. 1.  
2 Commission Delegated Regulation (EU) 2022/ 1303 of 25 April 2022 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  (OJ L 197, 26.7.2022 , p. 71). 
3 Commission Regulation (EC) No 2870/2000  of 19 December 2000 laying down Community reference 
methods for the analysis of spirits drinks (OJ L 333, 29.12.2000, p. 20).   
EN 2  EN out in  Commission Regulation (EC) No 625/20 034, which is now obsolete, aimed at 
determining the ¹⁴ C content in ethanol permitting a distinction between synthe tic 
alcohol and fermentation alcohol . 
(5) The measurement of ethyl acetate, acetaldehyde, higher alcohols and methanol in ethyl 
alcohol of agricultural origin should be based on the reference methods set out in point 
III.2 of Chapter III of the Annex to Regulation (EC) No 2870/2000 as those are 
established methods currently used for the analysis of a number of spirit drinks.  
(6) Concerning furfur al, the reference method for its measurement should be based on the 
established method provided for the analysis of furfural in spirit drinks, which is the 
liquid chromatography method for wood compounds set out in Chapter X of the 
Annex to Regulation (EC)  No 2870/2000.  
(7) As there is a difference in alcoholic strength between ethyl alcohol of agricultural 
origin and the spirit drinks for which the re are  reference methods of analysis set out in 
the Annex to Regulation (EC) No 2870/2000,  and taking into account  that 
concentrations of volatile substances (esters, aldehydes, higher alcohols) expected for 
ethyl alcohol of agricultural origin are considerably at lower limits than for some spirit 
drinks, it is appropriate to determine minor adaptations to those  metho ds to 
accommodate th ose difference s. 
(8) Regulation (EC) No 2870/2000 should therefore be amended accordingly . 
(9) Commission Regulation (EEC) No 2009/925 relates to the analysis of ethyl alcohol of 
agricultural origin. Since its adoption, the rules concerning the se methods of analysis 
have evolved with the repeal of Commission Regulation (EEC) No 1238/926, 
concerning the analysis of neutral alcohol, by Commission Regulation (EC) No 
1623/20007, as well as the adoption of a  definition and requirements for ethyl alco hol 
of agricultural origin in Article 5 of Regulation (EU) 2019/787 . Regulation (EEC) No 
2009/92 is therefore becoming obsolete.  
(10) In the interest of clarity and legal certainty, Regulation (EEC) No 2009/92 should be 
repealed.  
(11) The measures provided for in th is Regulation are in accordance with the opinion of the 
Committee for Spirit Drinks , 
HAS ADOPTED THIS REGULATION:  
Article 1  
Amendment s to Regulation (EC) No 2870/2000  
Regulation (EC) No 2870/2000  is amended as follows:   
                                                 
4 Commission Regulation (EC) No 625/2003 of 2 April 2003 amending Regulation (EC) No 1623/2000 
laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 on the common 
organisation of the market in wine with regard to market mechanisms (OJ L 90, 8.4.2003, p. 4).  
5 Commission Regulation (EEC) No 2009/92  determining Community analysis methods for ethyl alcohol 
of agricultural origin in the preparation of spirit drinks, aromatized wines, aromatized wine -based 
drinks and aromatized wine -product cocktails  (OJ L 203, 21.7.1992, p . 10). 
6 Commission Regulation (EEC) No 1238/92 of 8 May 1992 determining the Community methods 
applicable in the wine sector for the analysis of neutral alcohol  (OJ L 130, 15.5.1992, p. 13 ). 
7 Commission Regulation (EC ) No 1623/2000 of 25 July 2000 laying down detailed rules for 
implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with 
regard to market mechanisms  (OJ L 194, 31.7.2000, p. 45 ).   
EN 3  EN (1) the following Article 1a is inserted:  
‘Article 1a 
1. This Regulation applies to ethyl alcohol of agricultural origin as defined by Article 5 
of Regulation (EU) 2019/787 of the European Parliament and of the Council*.  
2. The Union reference methods of analysis for ethyl alcohol of agricultu ral origin shall 
be those set out in the Annex to this Regulation . 
3. For the purposes of this Regulation, e thyl alcohol of agricultural origin shall be 
considered as a distillate whose alcoholic strength by volume shall  be measured 
directly as set out in App endix II of Chapter I of the Annex.  
However, where  the alcohol sample is not clear or suspe nded particles are visible, the 
sample shall be distilled.  
4. For the determination of volatile substances the calibration with the standard solution  
C prepared in absolute ethanol shall be required to achieve appropriate matrix 
matching between samples and standard solutions detailed in Chapter III.2 of the 
Annex.  
5. For the determination of furfural, as detailed in Chapter X of the Annex, ethyl 
alcohol of  agricultural origin shall be diluted by two through the addition of water so 
as to double its initial volume and reach an alcoholic strength by volume compatible 
with the calibration solutions. Results for the analysis of furfural shall be converted 
to gr ams per hectolitre of 100 % vol. alcohol in accordance with the equation 
‘Concentration of furfural in grams per hectolitre of 100 % vol. alcohol = 
Concentration of furfural in mg/l x 10/alcoholic strength by volume (% vol)’, where 
alcoholic strength by vo lume (% vol) is the alcoholic strength of the measured 
sample as determined in Chapter I of the Annex.  
6. For the determination of ¹⁴C content in ethanol, the method set out in Chapter XI of 
the Annex  shall be used . 
 
__________________________________________ _______________  
* 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 o f 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 110/2008 (OJ L 
130, 17.5.2019, p. 1). ’; 
(2) the Annex is amended  in accordance with the Annex to this Regulation.  
 
Article  2 
Repeal of Regulation (EEC) No 2009/92  
Regulation (EEC) No 2009/92 is repealed.   
Article  3 
Entry into force   
EN 4  EN This Regulation shall enter into force on the  twentieth  day following that of its  publication in 
the Official Journal 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