G/TBT/N/EU/793  
30 March 2021  
(21-2604) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  EUROPEAN UNION   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  European Commission  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
European Comm ission  
EU-TBT Enquiry Point  
Fax: +(32) 2 299 80 43  
E-mail: grow-eu-tbt@ec.europa.eu  
Website: http://ec.europa.eu/growth/tools -databases/tbt/e n/  
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Spirit  Drinks; Alcoholic beverages (ICS 67.160.10)  
5. Title, number of pages and language(s) of the notified document:  Draft 
Commission Delegated Regulation (EU) …/ … of XXX amending Regulation (EU) 2019/787 
of the European Parliament and of the Council as regards allusi ons to legal names of spirit 
drinks or geographical indications for spirit drinks in the description, presentation and 
labelling of other spirit drinks. (5 page(s), in English)  
6. Description of content:  This act lays down the obligation to indicate the l egal name of 
the spirit drink in the same visual field as an allusion, in case of direct or indirect reference 
to one or more categories of spirit drinks or geographical indications for spirit drinks in 
the description, presentation or labelling of another  spirit drink.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Regulation (EU) 2019/787 was published on 17 May 2019 and most of its 
labelling and production provisions will become applicable from 25 May 2021.  
That Regulation does not require that the legal name of spirit drinks making allusion to 
one or more spirit drink categories or geographical indications should appear in the same 
visual field as the allusion.  
This act aims at specifying the conditions for  labelling such spirit drinks, requiring that 
their legal name appears in the same visual field as the allusion.  G/TBT/N/EU/793  
 
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  In fact, in the the absence of such requirement, the actual nature of the resulting spirit 
drink may not result clearly 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 relevant product specification.  
This Delegated Regulation should apply from 25 May 2021, i.e.  the same day that the 
provisions it refers to become applicable;  
Other  
8. Relevant documents:   
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 d rinks, 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 re pealing Regulation (EC) No 110/2008 
(OJ L 130, 17.5.2019, p. 1).  
This Regulation was notified to the WTO under reference G/TBT/N/EU/432/Rev.1.  
It is available at:  
https://eur -lex.europa.eu/legal -
content/EN/TXT/PDF/?uri=CELEX:32019R0787&from=EN  
9. Proposed date of adoption:  April 2021  
Proposed date of entry into force:  On the third day following that of its publication in 
the Official Journal of the EU (the provisions shall apply from 25 May 2021)  
10. Final date for comments:  30 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
European Commission  
EU-TBT Enquiry Point  
Fax: + (32) 2 299 80 43  
E-mail: grow-eu-tbt@ec.europa.eu  
The text is available on the EU -TBT Website: http://ec.europa.eu/growth/tools -
databases/tbt/en/  
https://members.wto.org/crnattachments/2021/TBT/EEC/21_2331_00_e.pdf