APPENDIX   
to TBT Notification G/TBT/N/EU/432/Rev.1   
 
NOTE 
Main elements of the Commission proposal  
The main objective of the Commission proposal was to align Regulation (EC) No 110/2008 on the 
definition, description, presentation, labelling and the protection of geographical indications of spirit 
drinks to the Lisbon Treaty as regards  empowerments to the Commission  to amend and supplement 
certain element s of the basic act . At the same time, the proposal fores aw improvements in the legal 
formulation of certain provisions and streamline d the system for the registration and intellectual 
property protection of geographical indications for spirit drinks (spiri t drinks GIs), in compliance with 
WTO obligations .  
Main changes introduced to the Commission proposal by European Parliament and Council  
The European Parliament and the Council decided to introduce substantial changes in the Commission 
proposal , mainly a imed at clarifying the legal text  (in the enclosed legal text, modifications introduced 
in respect to th e initial Commission proposal  are marked in bold  or bold underlined  for text that has 
been added or shifted and as strikethrough  for text that has been eliminated ). The m ain modifications  
are summarized below : 
- Introduction of additional definitions and technical definitions and requirements and clarification of 
existing ones;  
- Introduction of the possibility for the Commission to introduce in the future new sweetening 
products allowed in the production of spirit drinks;  
- Clarification that the alcohol used to produce any alcoholic beverages (and not only spirit drinks) 
must be of agricultural origin;  
- Clarifications on types of flavourings that can be used in the production of spirit drinks in general 
and in certain categories of spirit drinks in particular ;  
- Introduction of maximum sweetening levels for certain spirit drink categories;  
- Clarifications on the legal names that can be used in the description, presentation and labelling of 
spirit drinks and of the terms that may supplement or replace them  (including the new term ‘dry’) ; 
- Clarification of the rules on the composition and labelling of compound terms, allusions, mixtures 
and blends  (i.e. when spirit  drinks are combined with other foodstuffs, including other spirit 
drinks) ; 
- Clarification that names of plant raw materials that are used as legal names of certain spirit drinks 
may be used in the presentation and labelling of other foodstuffs (e.g. Kirsch , Anis ); 
- Delegation to the Commission of the power to create a public register listing the bodies appointed 
to supervise ageing processes;  
- Introduction of the obligation to indicate in the electronic administrative document the name and 
the maturation peri od of spirit drinks that cross national borders;  
- Clarification of the definition of the place of provenance for spirit drinks and exemption from the 
obligation to indicate the country of origin or place of provenance of the primary ingredient if it is 
different from that of the spirit drink;  
- Introduction of the possibility that terms in italics  in Annex II and III and geographical indications 
may be accompanied by translations , transcript ions or transliterations for export markets;  
- Clarifications on the rules that the Commission may adopt concerning Union reference methods of 
analysis for spirit drinks, ethyl alcohol of agricultural origin and distillates of agricultural origin;  - Clarifications about the derogation that the Commission may adopt concerning brandies matured 
with the ‘ criaderas y solera’ system with respect to the general rules on the description, 
presentation and labelling of the maturation period or ageing of spirit drinks;  
- Clarification that rules on production, description, presentation an d labelling apply two years after 
the entry into force of the new Regulation, while all rules concerning geographical indications 
apply already two weeks after that entry into force and adjustment of the repeal of corresponding 
provisions in Regulation (EC ) No 110/2008 and Commission Regulation  (EU) No 716/2013;  
- Category 1 Rum : sweetening threshold: 20 grams of sweetening products per litre, expressed in 
invert sugar; clarifications on the use of the French term ‘ traditionnel ’, the Portuguese and Spanish 
term ‘tradicional ’ and the term ‘agricultural’;  
- Category 2 Whisky or Whisley : sweetening threshold: zero; clarifications on the use of the term 
‘single malt’;  
- Category 3 Grain spirit : correction of the minimum alcoholic strength to 35% BAV; sweetening 
threshold: 10 grams/liter; clarification that in the legal name ‘grain spirit’ or ‘grain brandy’ the 
word ‘grain’ may be replaced by the name of the sole cereal used in its production;  
- Category 4 Wine spirit : sweetening threshold: 20 grams/ litre; clarifica tion that the German term 
‘Branntwein‘  may be used in combination with the term ‘ essig ’ for certain vinegars;  
- Category 5 Brandy  or Weinbrand : sweetening threshold: 35 grams/ litre;  
- Category 6 Grape marc spirit or grape marc : sweetening threshold: 20 grams/ litre; 
- Category 7 Fruit marc spirit : sweetening threshold: 20 grams/litre; clarification that if marcs  of 
several different fruits are used the legal name ‘fruit marc spirit’ may be supplemented by the name 
of each fruit in decreasing order of the quantity used;  
- Category 8 Raisin spirit or raisin brandy : sweetening threshold: 20 grams/litre;  
- Category 9 Fr uit spirit : clarification of types of fruits that may be used; clarification that it may 
not be coloured except for caramel that may be used to adjust the colour of spirits aged at least one 
year in contact with wood; sweetening threshold: 18 grams/litre; clarification that certain EU 
languages may express the legal name by adding a suffix to the name of the fruit, berry or 
vegetable; clarification of alternative legal names, including Obstler ; clarification of the legal name 
in case only fruits, only veget ables or both fruit and vegetables were used to produce the fruit spirit;  
- Category 10 Cider spirit, perry spirit and cider and perry spirit : sweetening threshold: 15 
grams/litre; clarification that it can be produced by using exclusively cider (cider spirit ), exclusively 
perry (perry spirit) or both cider and perry (cider and perry spirit);  
- Category 11 Honey spirit : sweetening threshold: 20 grams of honey per litre;  
- Category 12 Hefebrand  or lees spirit : clarification that also lees from beer may be used for  its 
production; sweetening threshold: 20 grams/litre;  
- Category 13 Beer spirit : clarification that the legal name may be translated in all EU languages; 
sweetening threshold: 20 grams/litre;  
- Category 14 Topinambur  or Jerusalem artichoke spirit : sweetening threshold: 20 grams/litre;  
- Category 15 Vodka : clarification that it may not be coloured; sweetening threshold: 8 grams/litre; 
clarification that the legal name ‘vodka ’ may be translated in any EU language or used as such;  
- Category 16 Spirit (supplemented by the name of the fruit, berry or nuts) obtained by 
maceration and distillation : clarification of fruit, berry and nuts that may be used for its 
production; clarification that it may not be coloured except for caramel that may be used to adjust 
the colour  of spirits aged at least one year in contact with wood; sweetening threshold: 18 
grams/litre;  
- Category 17 Geist  (supplemented by the name of the fruit or the raw materials used) : clarification that mushrooms may also be used in its production; clarification that it may not be 
coloured; sweetening threshold: 10 grams/litre; clarification that the term ‘ Geist ’ may be used to 
describe other spirit drinks or alcoholic beverages;  
- Category 23 Caraway -flavoured spirit drinks or Kümmel : clarifi cation th at the German term 
‘Kümmel’  may be used as legal name in any EU Member State;  
- Category 27 Pastis de Marseille : clarification that the anethole content should be between 1,9 and 
2,1 grams per litre;  
- Category 28 Anis or janeževec : clarifi cation that the Slovenian term ‘janeževec ’ may be used as 
legal name in any EU Member State; correction of the minimum alcoholic strength to 35% BAV ; 
- Category 30 Bitter -tasting spirit drinks or bitter : clarifi cation that the legal name ‘bitter’ may be 
translated in any EU language or used as such and that it can also be used in the description, 
presentation and labelling of bitter -tasting liqueurs;  
- Category 31 Flavoured vodka : sweetening threshold: less than 100 grams/litre; clarification that 
the legal  name ‘vodka’ may be translated in any EU language or used as such;  
- Category 32 Liqueur : introduction of a minimum sweetening level for liqueurs whose sole 
aromatic substance is wormwood: 80 grams/litre; clarification of the alternative legal names for 
certain liqueurs; clarification that the legal name for liqueurs containing milk or milk products may 
be ‘cream’ supplemented by the name of the main flavouring material; clarification of the 
requirements allowing that the legal name may be supplemented with the name of the main 
flavouring materials ;  
- Category 39 Sambuca : correction of the minimum sweetening threshold to 350 grams/litre; 
clarification that it may not be coloured;  
- Category 40 Maraschino , Marrasquino or Maraskino : clarification that it can be produced also 
by macerating cherries in distillates of marasca cherries; clarification that it may not be coloured;  
- Category 41 Nocino or orehovec : clarifi cation that the Slovenian term ‘orehov ec’ may be used as 
legal name in  any EU Member State; clarification that it may be produced by simple maceration or 
by maceration and distillation;  
- Category 42 Egg liqueur or advocaat or avocat or advokat : clarifi cation that eggs not from 
chicken hens shall be specified on the label; cla rification that flavouring foodstuffs, and, in 
particular, milk products may be used in its production;  
- Category 43 Liqueur with egg : clarification that flavouring foodstuffs, and, in particular, milk 
products may be used in its production;  
- Category 44 Mistrà : sweetening threshold: zero; clarification that it may not be coloured;  
- Category 45 Väkevä glögi  or spritglögg : clarification that wine or wine products may be used to 
flavour it;  
- Other spirit drinks : addition of Guignolet -Kirsch.  
 
Main modifications as regards the Geographical indications related aspects:  
- GI: New definitions: group, generic name (Article 2a ( 6)(7));  
- GI: Clarification of "technical file" under Regulation (EU) No 110/2008 : equivalent to 
"product specification" (definition no 5 in Article 2a , Article 19(2) ); 
- GI: Change of wording (PGI/GI) from "protected geographical indications" to "geographical 
indications protected under this regulation" (Articles, 18(1), 18(2),18(3), 19(1 ), 34(title), 35(5)) ;  
- GI: Enlargement of the protection of geographical indications (GIs) when used as an ingredient 
(Article 18(2)) ;  - GI: C hange of the wording in Article 18(2)(c)  concerning labelling and presentation ; 
- GI: Enlargement of the protection of geographical indications (GIs) against the goods in transit 
in the EU territory (Article 18(3 a)); 
- GI: Product specification (Article 19(1)a,b,h). Clarifications on: alphabet used for names 
registration, category of the spirit drink, the packaging rules and the nature of technical files ;  
- GI: Change in the description of the link in the product specification (Articles 19(1)f)  and 
20(1)(c)(ii)) ; 
- GI: A pplication for registration (Article 20). Changes concern ing the content of the single 
document;  
- GI: Application from 3C (Article 20(1) second paragraph): obligation for applicants to send 
reference to publicati on of the product specification;  
- GI: Enlargem ent of the definition of group to single producers and MS authorities in certain 
specific cases  (Article 21(1a) and (1b));  
- GI: Applications scrutiny by the COM  limited to the "manifest error principle" and reduced to 6 
months (Article 23(1));  
- GI: Transitional period allowing continued use of protected name limited to 15 years (Article 
26(2));  
- GI: New system for adoption of amendments to product  specification s (Article 28): Union, 
standard and temporary amendments. Also for 3C ; 
- GI: Change in the scrutiny of an amendment : It "shall only address the proposed amendment" 
(Article 28(3)) ;  
- GI: Decision on registration (Article 27(1)).  Steps added to improve the decision procedure and 
in particula r the information of applicants;   
- GI: Cancellation (Article 29(2)(3)).  Steps added to improve the decision procedure and in 
particular the information of applicants.  
- GI: Register (Article 30(2), subparagraphs 1,2,3). Details added to the regime of the Register in 
order to improve transpar ency and accessibility.  Obligation for the Commission to establish the 
Register within two years from the entr y into force of the Regulation;  
- GI: Homonymous  (Article 31(4)). Provision added. To mirror Article 100(4) of Regulation (EU) 
No 1308/2013 ; 
- GI: Gro unds for refusal as regards production steps (Article 32(3)). Provision reformulated by 
focussing on the definition of GI ; 
- GI: Relationship between Geographical Indications and Trade Markse (Article 33). All 
situations referred to in Article 18 are relevant to refuse registration or invalidate a TM . The date of 
submission of the application for registration of the GI to the COM is taken as (coexistence) date 
before which a TM may continue to be used . Aligned to food and aromatised wines sectors ; 
- GI: Change of legal basis for the power of the COM to continue the assessment of the existing 
GIs:  from Article 34(2) of the Proposal into a new Article 45 which provides two years extension 
of the legal basis in Regulation (EC) No 110/2008 (Articles 20 of Re gulation (EC) No 110/2008 
and 9 of Regulation (EU) No 716/2013) ;  
- GI: Control authority in case an authority is deemed to be a group (Article 35(1)) ;  
- GI: Obligation to keep the list of the operators  (Article 35( -1)), requirements to perform the 
surveillance of the name on the market  and ex officio  controls  (Article 36(1a) ). 
 
General final provisions:  - Rules on t ransitional measures , repeal of Regulation (EC) No 110/2008 and entry into force  
and application (Articles 45, 46, 47) have been modified . GI part will be applicable 15 days after 
the entry into force of the Regulation while the general part will be applicable after two years. 
Regulation (EC) No 110/2008 will still be applicable for two years after the entry into force of the 
new regulation , with the exception of the GI chapter , which is repealed after 15 days. However, 
some provisions of the GI chapter  of Regulation (EC) No 110/2008  will remain applicable : Article 
17(2) (for two years), Article 20 (until conclusion of the Commission’s asses sment on the existing 
GI) and Annex III (until the new Register is established).