EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, 1.12.2016  
COM(2016) 750 final  
  
Proposal for a  
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
on the definition, presentation and labelling of spirit drinks, the use of the names of 
spirit drinks in the presentation and labelling of other foodstuffs and the protection of 
geographical indications for spirit drinks   EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL  
The aim of this Commission proposal is to align Regulation (EC) No  110/2008 with the 
Treaty on the Functioning of the European Union (TFEU). It mainly divides the provisions 
adopted by the Commission under that Regulation into delegated acts and implementing acts.  
The existing EU legal framework for spi rit drinks enables the free circulation of goods in the 
single market by setting up product definitions, labelling rules and provisions related to the 
protection of geographical indications for spirit drinks. Therefore, it should not be changed.  
For this r eason, besides alignment with the TFEU, the proposal introduces only a few minor 
technical amendments, in order to address shortcomings in the implementation of Regulation 
(EC) No  110/2008 and to make the legislation consistent with new EU legal instrument s. 
Structure and wording changes have been made with the exclusive aim of simplifying the 
regulations and improving readability, in line with the Commission’s ‘better regulation’ 
agenda.  
These wording and structure changes, and the few technical adaptation s, do not affect the 
substance of the law, which remains the same as in Regulation (EC) No  110/2008.  For this 
reason, no impact assessment was considered necessary.  
The associations of spirit drinks producers have been consulted. Their main concerns have 
been taken into account.  
This initiative is not included in the regulatory fitness and performance programme (REFIT) 
agenda. However, the proposal has been drafted taking into account the Member States’ and 
stakeholders’ expectations of regulatory simplifi cation and keeping in mind the guiding 
principles of better regulation.  
Given the importance and complexity of the spirit drinks sector, it is appropriate to keep the 
spirit drinks Regulation for specific measures on the description and presentation of spi rit 
drinks which go beyond the general rules provided in 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,1 while remaining consistent with those general rules . The spirit 
drinks Regulation should continue to focus on definitions of spirit drinks, classified into 
categories and to contribute to the highest level of consumer protection and the prevention of 
deceptive practices.  
It should also be noted that Regulat ion (EU) No  1151/2012 of the European Parliament and of 
the Council on quality schemes for agricultural products and foodstuffs2 has updated and 
harmonised the rules on the protection of protected designations of origin (PDOs), protected 
geographical indic ations (PGIs) and traditional specialities guaranteed (TSGs). Procedures for 
the management of PDOs, PGIs, and TSGs (application, amendment, registration, opposition, 
cancellation) have been completely revised and streamlined. In order to make the procedur es 
for the management of geographical indications in the spirit drinks sector more homogenous 
with those in place for foodstuffs, the draft proposal replacing Regulation (EC) No  110/2008 
includes the modification of Chapter III on geographical indications.   
The proposal  keeps unchanged the specificity of the geographical indications scheme for 
spirit drinks.  
                                                 
1 OJ L 304, 22.11.2011, p. 18.  
2 OJ L 343, 14.12.2012, p. 1 . EN 3   EN As regards procedures, the proposal also includes provisions concerning joint applications and 
oppositions mirroring those set out in Commission Regula tion (EU) No 664/20143 and in 
Commission Regulation (EU) No 668/20144. The inclusion of these provisions makes the 
proposal consistent and complete. Should Regulation (EU) No 1151/2012 be revised, the 
same approach would be followed.   
Finally, some of the  elements currently included in the Commission Regulation (EU) 
No 716/20135 that concern definitions and rules related to compound terms and allusions, are 
considered essential and have therefore been introduced in the proposal as part of the basic 
act. 
2. LEGAL  BASIS,  SUBSIDIARITY  AND  PROPORTIONALITY  
The proposal is based on Articles 43(2) and Article 114(1) of the TFEU , unlike Regulation 
(EC) No  110/2008 that is only based on Article 95 of the Treaty establishing the European 
Community (TEC) (currently Article 114 of the TFEU). The addition of Article 43(2) of the 
TFEU reflects the fact that the ethyl alcohol used for th e production of spirits drinks and other 
alcoholic beverages must be of agricultural origin, which ensures an outlet for basic 
agricultural products. This strong link to the agricultural sector is emphasised in the new 
regulatory framework.  
This proposal aligns EU legislation on spirit drinks with the TFEU. In addition, it contains 
minor technical adjustments of such legislation and it replaces the existing procedures for the 
management of geographical indications in the spirit drinks sector, with new proc edures 
modelled on the more exhaustive and well tested procedures for agricultural products and 
foodstuffs.  
The objectives of such a proposal cannot be achieved by actions carried out by Member States 
on their own.  
However, Member States, in accordance wit h Article 291 of the TFEU, are responsible for 
implementing the scheme defined by the legislator. It is necessary to ensure that the rules on 
spirit drinks are applied uniformly in all Member States in order to:  
 prevent deceptive practices;  
 ensure protec tion of consumers; and  
 avoid unfair competition.  
                                                 
3 Commission Delegated Regulation (EU) No 664/2014 of 18 December 2013 supplementing Regulation 
(EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of 
the Union symbols for protected designations of origin, protected geographical indications and 
traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules 
and certain additional transitional r ules (OJ L 179, 19.6.2014, p. 17).  
4 Commission Implementing Regulation (EU) No 668/2014 laying down rules for the application of 
Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for 
agricultural products and fo odstuffs (OJ L 179, 19.6.2014, p. 36).  
5 Commission Implementing Regulation (EU) No  716/2013 of 25  July 2013 laying down rules for the 
application of Regulation (EC) No  110/2008 of the European Parliament and of the Council on the 
definition, description, presentation, labelling and the protection of geographical indications of spirit 
drinks, (OJ L 201, 26.7.2013, p. 21).  EN 4   EN The legislator therefore grants the Commission the power to implement measures, in 
accordance with Article 291(2) of the TFEU, specifically on:  
 the uniform application of the rules on spirit drinks;  
 procedural rules concerning protection of geographical indications;  
 checks and verifications to be carried out by Member States; and  
 the necessary exchange of information between the Commission and the Member 
States for the implementation of this Regulation.  
This proposal targets the objectives set in the most efficient and satisfactory way while 
leaving as much scope for national decision as possible.  
3. EVALUATION,  CONSULTATION  AND  IMPACT  ASSESSMENT  
A consensus exists among the producers of spirit drinks to  keep the existing legal framework 
on spirits.  
For this reason, the proposal only lays down the Commission empowerments to adopt 
delegated and implementing acts, besides introducing few technical adjustments and some 
structure and wording changes that simp lify and clarify the drafting of those provisions 
without changing its substance . The representatives of the spirits sector have been consulted 
in the context of the Civil Dialogue Group meetings, during which the Commission has 
gathered information, opini ons and recommendations from the spirit drinks experts.  
As regards the section on geographical indications, it only brings the registration procedures 
more in line with the ones applicable to other foodstuffs but does not affect the specificity of 
the geog raphical indications regime for spirit drinks.  
Therefore, the purpose and scope of the existing regulation will remain unchanged.  
For these reasons, an impact assessment to accompany this proposal has not been considered 
necessary.  
4. BUDGETARY  IMPLICATION S 
This proposal has no financial implications for the EU budget.EN 5   EN Proposal for a  
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
on the definition,  presentation and labelling of spirit drinks, the use of the names of 
spirit drinks in the presentation and labelling of other foodstuffs and the protection of 
geographical indications for spirit drinks  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPE AN UNION,  
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Articles 43(2) and 114(1) thereof,  
Having regard to the proposal from the European Commission,6 
After transmission of the draft legislative act to the nationa l parliaments,  
Having regard to the opinion of the European Economic and Social Committee,7 
Acting in accordance with the ordinary legislative procedure,8 
Whereas:  
(1) Regulation (EC) No  110/2008 of the European Parliament and of the Council9 has 
proved su ccessful in regulating the spirit drinks sector. However, in the light of recent 
experience and technological innovation it is necessary to update the rules on the 
definition, presentation and labelling of spirit drinks and to review the ways 
geographical indications for spirit drinks are registered.  
(2) In order to align the powers conferred upon the Commission pursuant to Regulation 
(EC) No  110/2008 to Articles 290 and 291 of the Treaty on the Functioning of the 
European Union (‘the Treaty’), further amen dments to that Regulation are needed.  
(3) The measures applicable to spirit drinks should contribute to attaining a high level of 
consumer protection, preventing deceptive practices and attaining market transparency 
and fair competition. They should safegu ard the reputation which the Union’s spirit 
drinks have achieved in the Union and on the world market by continuing to take into 
account the traditional practices used in the production of spirit drinks as well as 
increased demand for consumer protection a nd information. Technological innovation 
should also be taken into account in respect of spirit drinks, where such innovation 
serves to improve quality, without affecting the traditional character of the spirit 
drinks concerned. The production of spirit dr inks is strongly linked to the agricultural 
sector. Besides representing a major outlet for the agriculture of the Union, this link is 
determinant for the quality and reputation of the spirit drinks produced in the Union. 
This strong link to the agricultur al sector should therefore be emphasised by the 
regulatory framework.  
                                                 
6 OJ C […], […], p. […].  
7 OJ C , , p. .  
8 OJ C […], […], p. […].  
9 Regulation (EC) No  110/2008 of the European Parliament and of the Cou ncil 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 6   EN (4) To ensure a more uniform approach in the legislation on spirit drinks, this Regulation 
should set out clear criteria for the definition, presentation and labelling of spirit drinks 
as well as for the protection of geographical indications. It should also set out rules on 
the use of ethyl alcohol or distillates of agricultural origin in the production of 
alcoholic beverages  and on the use of the sales denominations of spirit drinks in the 
presentation and labelling of foodstuffs.  
(5) In the interests of consumers, this Regulation should apply to all spirit drinks placed 
on the Union market, whether produced in the Member States or in third countries. In 
order to maintain and improve the  reputation of the spirit drinks produced in the Union 
on the world market, this Regulation should also apply  to spirit drinks produced in the 
Union for export.   
(6) In order  to meet consumer expectations and to conform to traditional practices,  ethyl 
alcohol used for the production of spirit drinks and other alcoholic beverages should 
be exclusively of agricultural origin. This should also ensure an outlet for basic 
agricultural products.  
(7) This Regulation should continue to focus on definitions of spiri t drinks classified into 
categories by taking into account the traditional quality practices. This Regulation 
should also lay down specific rules for certain spirit drinks that are not included in the 
list of categories.  
(8) It should be clarified that a new category may only be added if a spirit drink has a 
significant market share in at least one Member State. Moreover, the name chosen for 
the new category shall either be a widely used name or, where this is not possible, be 
of a descriptive nature, in p articular, by referring to the raw material used for the 
production of the spirit drink.  
(9) Regulation  (EC) No  1334/2008 of the European Parliament and the Council10 also 
applies to spirit drinks. However, it is necessary to lay down additional rules 
conc erning flavourings which will only apply to spirit drinks.  
(10) Given the importance and complexity of the spirit drinks sector, it is appropriate to lay 
down specific rules on the presentation and labelling of spirit drinks, in particular for 
the use of s ales denominations, geographical indications, compound terms and 
allusions.  
(11) Regulation (EU) No  1169/2011 of the European Parliament and of the Council11 
should apply to the presentation and labelling of spirit drinks, save as otherwise 
provided for in this Regulation.  
(12) In order to ensure the uniform use of compound terms and allusions in Member States, 
it is necessary to lay down provisions concerning their use for the purpose of 
presentation of spirit drinks and other foodstuffs.  
                                                 
10 Regulation  (EC) No  1334/2008 of  the European Parliament and of the Council of 16  December  2008 on 
flavourings and certain food ingredients with flavouring properties for use in and on foods and 
amending Council Regulation (EEC) No  1601/91, Regulations (EC) No  2232/96 and (EC) No  110/200 8 
and Directive 2000/13/EC (OJ L 354, 31.12.2008, p. 34).  
11 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, Council 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 7   EN (13) In order to provide consumers with the adequate information, provisions on the 
presentation and labelling of spirit drinks which qualify for mixtures of spirit drinks 
should be laid down.  
(14) While it is important to ensure that in general the maturation period or ag e specifies 
only the  youngest alcoholic component, it should be possible to provide, by means of 
delegated acts, for a derogation, to take account of traditional ageing processes in the 
Member States.  
(15) In some cases, food business operators may be requ ired or may want to indicate the 
origin of spirit drinks to draw consumers’ attention to the qualities of their product. 
Such origin indications should comply with harmonised criteria. Therefore, specific 
provisions on the indication of the country of orig in or place of provenance in the 
presentation and labelling of spirit drinks should be laid down.  
(16) The use of lead -based capsules to cover the closing devices of containers holding spirit 
drinks should be banned, in order to avoid any risk of contamination, in particular by 
accidental contact with such capsules, and of environmental pollution from waste 
containing lead from such capsules.  
(17) Concerning the  protection of geographical indications, it is important to have due 
regard to the Agree ment on Trade -Related Aspects of Intellectual Property Rights 
(‘TRIPS Agreement’), and in particular Articles 22 and 23 thereof, and to the General 
Agreement on Tariffs and Trade (‘GATT Agreement’) which were approved by 
Council Decision 94/800/EC.12  
(18) Regulation (EU) No  1151/2012 of the European Parliament and of the Council13 does 
not apply to spirit drinks. Rules on protection of geographical indications of spirit 
drinks should therefore be laid down. Geographical indications identifying spirit 
drinks as originating in the territory of a country, or a region or locality in that 
territory, where a given quality, reputation or other characteristic of the spirit drink are 
essentially attributable to its geographical origin should be registered by the 
Commi ssion.  
(19) Procedures for the registration, modification and possible cancellation of Union or 
third country geographical indications in accordance with the TRIPS Agreement 
should be laid down whilst automatically recognising the status of existing protec ted 
geographical indications of the Union. In view of making procedural rules on 
geographical indications consistent through all the sectors concerned, such procedures 
for spirit drinks should be modelled on the more exhaustive and well tested procedures 
for agricultural products and foodstuffs laid down in Regulation (EU) No  1151/2012 
while taking into account specificities of spirit drinks. In order to simplify the 
registration procedures and to ensure that information for food business operators and 
consumers is electronically available an electronic register of geographical indications 
should be established.  
(20) Member State authorities should be responsible for ensuring compliance with this 
Regulation, and the Commission should be able to monitor and v erify such 
                                                 
12 Council Decision 94/800/EC of 22  December 1994 concerning the conclusion on behalf of the 
European Community, as regards matters within its competence, of  the agreements reached in the 
Uruguay Round multilateral negotiations (1986 -1994) (OJ L 336, 23.12.1994, p. 1).  
13 Regulation (EU) No  1151/2012 of the European Parliament and of the Council of 21  November 2012 
on quality schemes for agricultural products a nd foodstuffs ( OJ L 343, 14.12.2012, p. 1).  EN 8   EN compliance. Therefore the Commission and the Member States should be required to 
share relevant information with each other.  
(21) In applying a quality policy and in order to allow for a high level of quality of spirit 
drinks and diversity in th e spirit drinks sector, Member States should be allowed to 
adopt rules on the definition, presentation and labelling of spirit drinks produced in 
their territory that are stricter than those laid down in this Regulation.  
(22) In order to take into account evolving consumer demands, technological progress, 
developments in the relevant international standards and the need to improve the 
economic conditions of production and marketing, the traditional ageing processes 
and, in exceptional cases, the law of the importing third countries, and in order to 
ensure the protection of geographical indications, the power to adopt acts in 
accordance with Article 290 of the Treaty should be delegated to the Commission in 
respect of the amendment of or derogations from the technical definitions and 
requirements of the categories of spirit drinks and the specific rules concerning some 
of them referred to under Chapter I of this Regulation, the labelling and presentation 
referred to under Chapter II of this Regulation, the geo graphical indications referred to 
under Chapter III of this Regulation and the checks and exchange of information 
referred under Chapter IV of this Regulation.  
(23) In order to react rapidly to economic and technological developments regarding spirit 
drink s covered by this Regulation for which no category and technical specifications 
exist so as to protect consumers and the economic interests of producers and unify the 
given production and quality requirements for those spirit drinks, the power to adopt 
acts in accordance with Article 290 of the Treaty should be delegated to the 
Commission as regard the addition, subject to certain conditions, of new categories of 
spirit drinks to those listed respectively in Part I and II of Annex II to this Regulation 
and the technical specifications thereof.  
(24) It is of particular importance that the Commission carry out appropriate consultations 
during its preparatory work, including at expert level, and that those consultations be 
conducted in accordance with the princ iples laid down in the Interinstitutional 
Agreement on Better Law -Making of 13  April  2016.14 In particular, to ensure equal 
participation in the preparation of delegated acts, the European Parliament and the 
Council receive all documents at the same time as  Member States’ experts, and their 
experts systematically have access to meetings of Commission expert groups dealing 
with the preparation of delegated acts.  
(25) In order to ensure uniform conditions for the implementation of this Regulation, 
implementing  powers should be conferred on the Commission.  
(26) The implementing powers relating to the labelling and presentation referred to under 
Chapter II of this Regulation, the geographical indications referred to under Chapter 
III of this Regulation and the ch ecks and exchange of information referred to under 
Chapter IV of this Regulation should be exercised in accordance with the provisions of 
Regulation (EU) No  182/2011 of the European Parliament and the Council.15 
                                                 
14 Interinstitutional Agreement between the European Parliament, the Council of the European Union and 
the European Commission of 13  April 2016 on Better Law -Making (OJ L 123, 12.5.2016, p. 1).  
15 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16  February 2011 
laying down the rules and general principles concerning mechanisms for control by Member States of 
the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).  EN 9   EN (27) The transition from the rules provided f or in Regulation (EC) No  110/2008 to those 
laid down in this Regulation could give rise to difficulties which are not dealt with in 
this Regulation. To take the necessary measures in that respect, the power to adopt acts 
in accordance with Article 290 of t he Treaty should be delegated to the Commission.  
(28) In order to protect the legitimate interests of producers or stakeholders concerned to 
benefit from the publicity given to single documents under the new legal framework, it 
should be made possible that  single documents concerning geographical indications 
registered in accordance with Regulation (EC) No  110/2008 are published upon 
request of the Member States concerned.   
(29) To facilitate a smooth transition from the rules provided for in Regulation (EC ) 
No 110/2008 to the rules laid down in this Regulation, this Regulation should start to 
apply two years after its entry into force. The marketing of existing stocks should be  
allowed after the date of application of this Regulation, until those stocks are  
exhausted,  
HAVE ADOPTED THIS REGULATION:  
CHAPTER I  
SCOPE, DEFINITIONS, AGRICULTURAL ORIGIN OF ETHYL ALCOHOL AND 
DISTILLATES  AND CLASSIFICATION OF SPIRIT DRINKS   
Article 1  
Subject matter and scope  
1. This Regulation lays down rules on the definition, presentation and labelling of spirit 
drinks , as well as  on the protection of geographical indications for spirit drinks. This 
Regulation shall also apply to the use of ethyl alcohol or distillates of agricultural 
origin in the production of alcoholic bever ages and to the use of spirit drinks’ names 
in the presentation and labelling of other foodstuffs.  
2. This Regulation shall apply to the products referred to in paragraph 1 placed on the 
Union market whether produced in the Union or in third countries, as well as to those 
produced in the Union for export.  
Article  2 
Definitions  
1. For the purpose of this Regulation, the following definitions shall apply:  
(1) ‘spirit drink ’ means an alcoholic beverage which complies with the following 
requirements:  
(a) it is inte nded for human consumption;  
(b) it possesses  particular  organoleptic qualities;  
(c) it has a minimum alcoholic strength of 15  % vol., except for spirit drinks 
listed in category 42 of Part I of Annex II;  
(d) it has been produced:  
(i) either directly by using any of the following methods:  EN 10   EN – distillation, with or without added flavourings,  of naturally 
fermented products,  
– the maceration or similar processing of plant materials in 
ethyl alcohol of agricultural origin, distillates of agricultural  
origin or spirit drinks or a mixture thereof within the 
meaning of this Regulation,  
– the addition to ethyl alcohol of agricultural origin , distillates 
of agricultural origin or spirit drinks of any of the 
following:  
– flavourings,  
– colours,  
– sugars or other sw eetening products,  
– other agricultural products,  
– foodstuffs; or 
(ii) by adding to a spirit drink any of the following:  
– other spirit drinks,  
– ethyl  alcohol of agricultural  origin,  
– distillates of agricultural origin,  
– other foodstuffs;  
(e) it does not fall within CN codes 2203, 2204, 2205, 2206 and 2207 ; 
(2)  ‘sales denomination’ means the name under which a spirit drink is sold;  
(3) ‘mixture’ means a spirit drink listed in Part I of Annex II or corresponding to a 
geographical indication mixed with any of the following:  
(a) other spirit  drinks which do not belong to the same category listed in Part 
I of Annex II;  
 (b) distillates  of agricultural origin;  
(4)  ‘compound term ’ means the combination of the terms of a sales denomination 
of a spirit drink provided for in Part I of  Annex II or the terms of a 
geographical indication, describing a spirit drink, from which all the alcohol of 
the final product originates, with any of the following:  
(a) the name of one or more foodstuffs other than those used for the 
production of that s pirit drink in accordance with Annex II, or adjectives 
deriving from those names;  
(b) the term ‘liqueur ’; 
(5) ‘allusion ’ means the direct or indirect reference to one or more spirit drinks 
listed in Part I of Annex II or geographical indications, other than th e reference 
in a compound term or list of ingredients referred to in Article 8(6);  
(6) ‘geographical indication ’ means an indication which identifies a spirit drink as 
originating in the territory of a country, or a region or locality in that territory, 
where a given  quality, reputation or other characteristic of that spirit drink is 
essentially attributable to its geographical origin;  EN 11   EN (7) ‘product specification’ means a file attached to the application for the 
protection of a geographical  indication setting out the specifications which the 
spirit drink must comply with;  
(8) ‘presentation’  means the terms used on the labelli ng and on the packaging, 
including in advertising and sales promotion, in images or such like, as well as 
on the container, including the bottle and the closure;  
(9) ‘labelling’ means any word, particulars, trademarks, brand name, pictorial 
matter or symbol re lating to a spirit drink and placed on any packaging, 
document, notice, label, ring or collar accompanying or referring to such spirit 
drink;  
(10) ‘label’ means any tag, brand, mark, pictorial or other descriptive matter, 
written, printed, stencilled, marked, e mbossed or impressed on, or attached to 
the packaging or container of food;  
(11) ‘name that has become generic’ means the name of a spirit drink which, 
although it relates to the place or the region where this product was originally 
produced or marketed, has be come the common name of a spirit drink in the 
Union.  
2. The technical definitions laid down in Annex I shall also apply.  
Article  3 
Origin of ethyl alcohol and distillates used in alcoholic beverages  
1. The alcohol used in the production of alcoholic bevera ges and to dilute or dissolve 
colours, flavourings or any other authorised additives used in the preparation of 
alcoholic beverages shall be ethyl alcohol of agricultural origin.  
2. Distillates used in the production of alcoholic beverages and to dilute or  dissolve 
colours, flavourings or any other authorised additives used in the preparation of 
alcoholic beverages shall exclusively be of agricultural origin.  
Article  4 
Classification of spirit drinks  
1. Without prejudice to the specific rules laid down for each of the categories of spirit 
drinks 1 to 14 of Part I of Annex II, the spirit drinks of those categories shall:  
(a) be produced by the alcoholic fermentation and distillation exclusively obtained 
from the raw material provided for under the relevant ca tegory;  
(b) have no addition of alcohol  as defined in point (4) of Annex I, whether diluted 
or not;  
(c) not contain flavouring s, as defined in point (8) of Annex I;  
(d) only contain caramel  as a means to adapt colour;  
(e) solely be sweetened in accordance with point (3) of Annex I and in order to 
round off the final taste of the product.  
2. Without prejudice to the specific rules laid down for each of the categories of spirit 
drinks 15 to 47 of Part I of Annex II, the spirit drinks of those categories may:  
(a) be obtained from any agricultural raw material listed in Annex I to the Treaty;  EN 12   EN (b) have addition of alcohol  as defined in point (4) of Annex I;  
(c) contain flavourings as defined in point (8) of Annex I;  
(d) contain colouring as defined  in point (14) of Annex I;  
(e) be sweetened to correspond to particular product characteristics and in 
accordance with point (3) of Annex I and taking into account the relevant 
legislation of the Member States.  
3. Without prejudice to the specific rules laid down in Part  II of Annex II, other spirit 
drinks which do not comply with the specific rules laid down for each of the 
categories listed in Part I of Annex II may:  
(a) be obtained from any agricultural raw material listed in Annex I to the Treaty 
or from foodstuff sui table for human consumption or both;  
(b) have addition of alcohol as defined in point (4) of Annex I;  
(c) contain flavourings as defined in point (8) of Annex I;  
(d) contain colours as defined in point (13) of Annex I;  
(e) be sweetened to correspond to par ticular product characteristics and in 
accordance with point (3) of Annex I.  
Article 5  
Delegated  powers  
1. The Commission shall be empowered to adopt delegated acts in accordance with 
Article 43 concerning:  
(a) the amendment of the technical definitions pr ovided for in Annex I;  
(b) the amendment of the requirements of the categories of spirit drinks  provided 
for in Part I of Annex II and the specific rules concerning certain spirit drinks 
listed in Part II of Annex II.  
The delegated acts referred to in points (a) and (b) of the first subparagraph shall be 
limited to meeting demonstrated needs resulting from evolving consumer demands, 
technological progress, developments in relevant international standards or needs for 
product innovation.  
2.  The Commissi on shall be empowered to adopt delegated acts in accordance with 
Article 43 concerning the addition of new categories of spirit drinks in Annex II .  
A new category may be added under the following conditions:  
(a) the marketing of a spirit drink under a par ticular name and in accordance with 
uniform technical specifications is economically and technically necessary to 
protect the interests of consumers and producers ; 
(b) a spirit drink has a significant market share in at least one Member State;  
(c) the nam e chosen for the new category shall either be a widely used name or 
 where this is not possible be of a descriptive nature, in particular, by referring 
to the raw material used for the production of the spirit drink;  
(d) the technical specifications for t he new category shall be laid down and based 
on an evaluation of existing quality and production parameters used on the 
Union market. When laying down the technical specifications, the applicable EN 13   EN Union consumer protection legislation shall be respected and  account shall be 
taken of any relevant international standards. They shall ensure fair 
competition amongst union producers as well as the high reputation of Union 
spirit drinks.  
3.  The Commission shall, in exceptional cases where the law of the importing third 
country so requires, also be empowered to adopt delegated acts in accordance with 
Article 43 concerning derogations from the requirements under the technical 
definitions provided for in Annex I, the requirements under the categories of spir it 
drinks provided for in Part I of Annex II and the specific rules concerning certain 
spirit drinks listed in Part II of Annex II.  
CHAPTER  II 
PRESENTATION AND LABELLING OF SPIRIT DRINKS AND USE OF THE 
NAMES OF SPIRIT DRINKS IN THE PRESENTATION AND LABELLI NG OF 
OTHER FOODSTUFFS  
Article 6  
Labelling  
Products referred to in Article 1(1) placed on the Union market must comply with the 
labelling requirements set out in Regulation (EU) No  1169/2011, unless otherwise provided in 
this Regulation.  
Article 7  
Sales de nomination  
Spirit drinks shall bear sales denominations in their presentation and labelling.  
Article 8  
General rules concerning sales denominations  
1. The sales denominations of spirit drinks which meet the requirements laid down for 
the categories of spir it drinks listed in Part I of Annex II shall be the names of the 
relevant categories, unless other sales denominations are provided for under those 
categories.  
2. The sales denomination of a spirit drink not complying with the requirements laid 
down for th e categories of spirit drinks listed in Part I of Annex II shall be ‘spirit 
drink ’. 
3. Where a spirit drink meets the requirements of more than one of the categories of 
spirit drinks 15 to 47 of Part I of Annex II, it may be sold under one or more of the 
relevant sales denominations provided for under those categories.  
4. Sales denominations  shall not be replaced or altered. They may only be either:  
(a) supplemented or replaced by a geographical indication referred to in Chapter 
III, or supplemented in acc ordance with national provisions by another 
geographical indication, provided that this does not mislead the consumer; or  EN 14   EN (b) replaced by a compound term that includes the term ‘liqueur’ provided that the 
final product complies with the requirements set ou t in category 32 of Part I of 
Annex II.  
If a sales denomination is supplemented or replaced in accordance with point (a) of 
the first subparagraph, the geographical indication referred to in that point may only 
be supplemented either:  
(a) by terms already in use on 20  February 2008 for existing geographical 
indications within the meaning of Article 34(1); or  
(b) by terms indicated in the relevant product specification.  
5. Without prejudice to paragraph 6 and Articles 9 and 10, the sales denominations 
referr ed to in paragraph 1 or geographical indications shall not be used in the 
presentation or labelling of beverages not meeting the requirements of the relevant 
categories listed in Part I  of Annex II or relating to the relevant geographical 
indications, incl uding by associating words or phrases such as ‘like’, ‘type’, ‘style ’, 
‘made ’, ‘flavour ’ or any other similar terms with those sales denominations or 
geographical indications.  
The sales denominations referred to in paragraph 1 supplemented by the term 
‘flavour’ or any other similar terms may only be used to refer to flavourings that 
imitate a spirit drink or their use in the production  of a foodstuff other than a 
beverage. Geographical indications shall not be used to describe flavourings.  
6. The sales deno minations  referred to in paragraph 1 may be included in a list of 
ingredients for foodstuffs provided that the list is in accordance with Articles 18 to 
21 of Regulation (EU) No  1169/2011 .  
Article 9  
Compound terms and allusions  
1. In the presentation and labelling of a foodstuff, the use of a sales denomination 
provided for under the categories of spirit drinks listed in Part I of Annex II or of a 
geographical indication in a compound term or the allusion to any of them shall be 
authorised under the follow ing conditions:  
(a) the alcohol used in the production of the foodstuffs originates exclusively from 
the spirit drinks referred to in the compound term or in the allusion(s), except 
for ethyl alcohol that may be present in flavourings used for the production of 
that foodstuff; and  
(b) the spirit drinks used in the production of the foodstuff have not been diluted 
merely with water so that the alcoholic strength is reduced to below the 
minimum strength provided for under the relevant category of spir it drinks 
listed in Part I of Annex II.  
2. The term ‘spirit drink ’ shall not be part of a compound term describing an alcoholic 
beverage.  
3. A compound term describing an alcoholic beverage shall not consist of a 
combination of the term ‘liqueur ’ with the sales denominations provided for under 
one of the categories 33 to 41 of Part I of Annex II.  
4. The compound term describing an alcoholic beverage shall appear in uniform 
characters of the same font, size and colour. It shall not be interrupted by any text ual EN 15   EN or pictorial element which does not form part of it and shall not appear in a larger 
font size than that of the sales denomination.  
5. The allusion to any spirit drink category or geographical indication, for the 
presentation of a foodstuff, shall not be in the same line as the sales denomination. 
Without prejudice to the second subparagraph of Article 10(3), for the presentation 
of alcoholic beverages, the allusion shall appear in a font size smaller than those used 
for the sales denomination and compo und term.  
Article 10  
Presentation and labelling of mixtures  
1. A mixture shall bear the sales denomination ‘spirit drink’.  
A mixture may show, in its presentation or labelling, the names listed in Part I of 
Annex II or geographical indications correspondin g to the spirit drinks that were 
used in the mixture under the following conditions:  
(a) those names or geographical indications appear exclusively in a list of all the 
alcoholic ingredients contained in the mixture, preceded by the term ‘mixed 
spirit drin k’; and  
(b) the term ‘mixed spirit drink’ appears in the same visual field as the sales 
denomination, in uniform characters of the same font and colour as those used 
for the sales denomination and in characters which are no larger than half the 
size of tho se used for the sales denomination.  
2. By way of derogation from paragraph 1, if a mixture meets the requirements of one 
of the categories of Annex II, the mixture shall bear the sales denomination provided 
for under the relevant category.  
In the case refe rred to in the first subparagraph, the presentation or labelling of the 
mixture may show the names listed in Part I of Annex II or geographical indications 
corresponding to the spirits drinks that were mixed, provided that these names 
appear:  
(a) exclusive ly in a list of all the alcoholic ingredients contained in the mixture; 
and 
(b) in the same visual field as the sales denomination at least once.  
3. The list of alcoholic ingredients referred to in paragraphs 1 and 2 shall indicate, at 
least once, the perc entage by volume of pure alcohol that each alcoholic ingredient 
represents in the total pure alcohol content by volume of the mixture. The alcoholic 
ingredients shall be listed in descending order of that percentage.  
The list of alcoholic ingredients shall  appear in uniform characters of the same font 
and colour as those used for the sales denomination and in characters which are no 
larger than half the size of the characters used for the sales denomination.  
Article 11  
Additional rules on labelling and presentation  
1. Where the presentation or labelling of a spirit drink indicates the raw material used to 
produce the ethyl alcohol, each type of ethyl alcohol of agricultural origin shall be 
mentioned in descending order of quantity used.  EN 16   EN 2. The presentati on or labelling of a spirit drink may be supplemented by the term 
‘blend ’, ‘blending ’ or ‘blended ’ only where the spirit drink has undergone blending, 
as defined in point (6) of Annex I.  
3. A maturation period or age may only be specified in the presentati on or labelling of a 
spirit  drink where it refers to the youngest alcoholic component and provided that the 
spirit drink was aged under supervision of the tax authorities of a Member State or a 
supervision affording equivalent guarantees.  
Article 12  
Indica tion of origin  
1. Where the origin of a spirit drink is indicated, it shall correspond to the country or 
territory of origin in accordance with Article 60 of Regulation (EU) No  952/2013 of 
the European Parliament and of the Council16. 
2. The indication of the country or territory of origin of the ingredients shall not be 
required for spirit drinks.  
Article 13  
Language used for the names of spirit drinks  
The terms in italics in Annex  II and the geographical indications shall neither be translated on 
the label nor in the presentation of the spirit drink.  
Article 14  
Use of a Union symbol for protected geographical indications  
The Union symbol for the protected geographical indication ma y be used for the labelling and 
presentation of spirit drinks.  
Article 15  
Prohibition of lead -based capsules or foil  
Spirit drinks shall not be held with a view to sale or be placed on the market in containers 
fitted with closing devices covered by lead -based capsules or foil.  
Article 16  
Delegated powers  
1. In order to take into account evolving consumer demands, technological progress, 
developments in the relevant international standards and the need to improve the 
economic conditions of production and mar keting, the Commission shall be 
empowered to adopt delegated acts in accordance with Article 43 concerning:  
(a) amendments  to the rules on indications on the label of spirits drinks concerning 
compound terms or allusions;  
(b) amendments to the rules on the presentation and labelling of mixtures; and  
                                                 
16 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying 
down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).  EN 17   EN (c) updating and completing Union reference methods for the analysis of spirit 
drinks.  
2. In order to take into account traditional ageing processes in the Member States, the 
Commission shall be empowered to ado pt delegated acts in accordance with Article 
43 concerning derogations from Article 11(3) concerning  the specification of a 
maturation period or age in the presentation or labelling of a spirit drink.  
3.  In exceptional cases where the law of the importing third country so requires, the 
Commission shall be empowered to adopt delegated acts in accordance with Article 
43 concerning  derogations from the provisions on presentation and labelling 
contained in thi s Chapter.  
Article 17  
Implementing powers  
The Commission may, by means of implementing acts, adopt:  
(a) rules on the modalities for the use of the Union symbol referred to in Article 14 in 
the presentation and labelling of spirit drinks;  
(b) rules on the modalities for indicating, when used, the country or territory of origin on 
the label of spirit drinks.  
Those implementing acts shall be adopted in accordance with the examination procedure 
referred to in Article 44(2).  
CHAPTER III  
GEOGRAPHICAL  INDICATIONS  
Article 18  
Protection of geographical indications  
1.  Protected geographical indications may be used by any operator marketing a spirit 
drink produced in conformity with the corresponding product specification.  
2. Protected geographical  indications and the spirit drinks using those protected names 
in conformity with the product specification shall be protected against:  
(a) any direct or indirect commercial use of a protected name:  
(i) by comparable products not complying with the product  specification of 
the protected name; or  
(ii) in so far as such use exploits the reputation of a geographical indication;  
(b) any misuse, imitation or evocation, even if the true origin of the product or 
service is indicated  or if the protected name is tra nslated or accompanied by an 
expression such as ‘style ’, ‘type’, ‘method ’, ‘as produced in ’, ‘imitation ’, 
‘flavour ’, ‘like’ or similar;  
(c) any other false or misleading indication as to the provenance, origin, nature or 
essential qualities  of the product,  on the inner or outer packaging, advertising 
material or documents relating to the product concerned, and the packing of the 
product in a container liable to convey a false impression as to its origin;  EN 18   EN (d) any other practice  liable to mislead the consumer  as to the true origin of the 
product.  
3. Protected geographical indications shall not become generic in the Union within the 
meaning of Article 32(1) .  
4. Member States shall take the steps necessary to stop the unlawful use of protected 
geographical indi cations as referred to in paragraph 2.  
Article 19  
Product specification  
A geographical indication shall comply with a product specification which shall include at 
least:  
(a)  the name to be protected as a geographical indication, as it is used, whether in 
trade or in common language, and only in the languages which are or were 
historically used to describe the specific product in the defined geographical 
area;  
(b)  the category of the spirit drink;  
(c)  a description of the spirit drink, including the raw materials, if appropriate, as 
well as the principal physical, chemical or organoleptic characteristics of the 
product and the specific characteristics of the product compared to spirit drinks 
of the same category;  
(d)  the definition of the geographical ar ea delimited with regard to the link referred 
to in point (f);  
(e)  a description of the method of obtaining the spirit drink and, where appropriate, 
the authentic and unvarying local methods as well as information on 
packaging, if the applicant group so d etermines and gives sufficient product -
specific justification as to why the packaging must take place in the defined 
geographical area to safeguard quality, to ensure the origin or to ensure control, 
taking into account Union law, in particular that on the  free movement of 
goods and the free provision of services;  
(f)  details establishing the link between a given quality, reputation or other 
characteristic of the spirit drink and the geographical area referred to in point 
(d); 
(g)  the names and addresses of the authorities or, if available, the names and 
addresses of the bodies verifying compliance with the provisions of the product 
specification pursuant to Article 35 and their specific tasks;  
(h)  any specific labelling rule for the spirit drink in quest ion. 
 
Article 20  
Content of application for registration  
1.  An application for registration of a geographical indication pursuant to Article 21 (2) 
or (5) shall include at least:  EN 19   EN (a)  the names and addresses of the applicant group and of the authorities or, if 
available, the bodies verifying compliance with the provisions of the product 
specification;  
(b)  the product specification provided for in Article 19;  
(c)  a single document setting out the following:  
(i)  the main points of the product specificati on: the name, a description of 
the spirit drink, including, where appropriate, specific rules concerning 
packaging and labelling, and a concise definition of the geographical 
area;  
(ii)  a description of the link between the spirit drink and the geographic al 
area as referred to in point (6) of Article 2(1) including, where 
appropriate, the specific elements of the product description or 
production method justifying the link.  
An application as referred to in Article 21(5) shall also include proof that the na me of 
the product is protected in its country of origin.  
2.  An application dossier as referred to in Article 21(4) shall include:  
(a)  the name and address of the applicant group;  
(b)  the single document referred to in point (c) of paragraph 1 of this Ar ticle;  
(c)  a declaration by the Member State that it considers that the application lodged 
by the applicant group and qualifying for the favourable decision meets the 
conditions of this Regulation and the provisions adopted pursuant thereto;  
(d)  the publ ication reference of the product specification.  
Article 21  
Application for registration of names  
1.  Applications for registration of names as geographical indications under the scheme 
provided for by this Regulation may only be submitted by groups who wor k with the 
spirit drink name to be registered.  
In the case of a geographical indication name that designates a cross -border 
geographical area, several groups from different Member States or third countries 
may lodge a joint application for registration.   
A joint application shall be submitted to the Commission by a Member State 
concerned, or by an applicant group in a third country concerned, directly or through 
the authorities of that third country. It shall include the declaration referred to in 
point (c)  of Article 20(2) from all the Member States concerned. The requirements 
laid down in Article 20 shall be fulfilled in all Member States and third countries 
concerned.   
In case of joint applications, the related national opposition procedures shall be 
carried out in all the Member States concerned.  
2.  Where the application relates to a geographical area in a Member State the 
application shall be addressed to the authorities of that Member State.  
The Member State shall scrutinise the application by appropri ate means in order to 
check that it is justified and meets the conditions of this Chapter.  EN 20   EN 3.  As part of the scrutiny referred to in the second subparagraph of paragraph 2, the 
Member State shall initiate a national opposition procedure that ensures adequ ate 
publication of the application and that provides for a reasonable period within which 
any natural or legal person having a legitimate interest and established or resident on 
its territory may lodge an opposition to the application.  
The Member State sha ll examine the admissibility of oppositions received in the 
light of the criteria referred to in Article 25.  
4.  If, after assessment of any opposition received, the Member State considers that the 
requirements of this Chapter are met, it may take a favour able decision and lodge an 
application dossier with the Commission. It shall in such case inform the 
Commission of admissible oppositions received from a natural or legal person that 
have legally marketed the products in question, using the names concerned  
continuously for at least five years preceding the date of the publication referred to in 
paragraph 3.  Member States shall also keep the Commission informed of the national 
judicial proceedings possibly affecting the registration procedure.  
The Member Sta te shall ensure that its favourable decision is made public and that 
any natural or legal person having a legitimate interest has an opportunity to appeal.  
The Member State shall ensure that the version of the product specification on which 
its favourable decision is based, is published, and shall provide electronic access to 
the product specification.  
The Member State shall also ensure adequate publication of the version of the 
product specification on which the Commission takes its decision pursuant to Ar ticle 
23(2).  
5.  Where the application relates to a geographical area in a third country the application 
shall be lodged with the Commission, either directly or via the authorities of the third 
country concerned.  
6.  The documents referred to in this Article which are sent to the Commission shall be 
in one of the official languages of the Union.  
Article 22  
Transitional national protection  
1. A Member State may, on a transitional basis only, grant protection to a name under 
this Regulation at national l evel, with effect from the date on which an application is 
lodged with the Commission.  
2. Such national protection shall cease on the date on which either a decision on 
registration under this Regulation is taken or the application is withdrawn.  
3. Where a  name is not registered under this Chapter, the consequences of such national 
protection shall be the sole responsibility of the Member State concerned.  
4. The measures taken by Member States under paragraph 1 shall produce effects at 
national level only, and they shall have no effect on intra -Union or international trade.  
Article 23  
Scrutiny by the Commission and publication for opposition  EN 21   EN 1.  The Commission shall scrutinise by appropriate means any application that it 
receives pursuant to Article 21, in o rder to check that it is justified and that it meets 
the conditions of this Chapter. This scrutiny should not exceed a period of 12 
months. Where this period is exceeded, the Commission shall indicate in writing to 
the applicant the reasons for the delay.  
The Commission shall, at least each month, make public the list of names for which 
registration applications have been submitted to it, as well as their date of 
submission.  
2.  Where, based on the scrutiny carried out pursuant to the first subparagraph of 
paragraph 1, the Commission considers that the conditions laid down in this Chapter 
are fulfilled, it shall publish in the Official Journal of the European Union  the single 
document referred to in point (c) of Article 20(1) and the reference to the publica tion 
of the product specification.  
Article 24  
Opposition procedure  
1. Within three months from the date of publication in the Official Journal of the 
European Union , the authorities of a Member State or of a third country, or a natural 
or legal person hav ing a legitimate interest and established in a third country may 
lodge a notice of opposition with the Commission.  
Any natural or legal person having a legitimate interest, established or resident in a 
Member State other than that from which the applicatio n was submitted, may lodge a 
notice of opposition with the Member State in which it is established within a time 
limit permitting an opposition to be lodged pursuant to the first subparagraph.  
A notice of opposition shall contain a declaration that the app lication might infringe 
the conditions laid down in this Chapter.  
A notice of opposition that does not contain this declaration is void.  
The Commission shall forward the notice of opposition to the authority or body that 
lodged the application without de lay. 
2.  If a notice of opposition is lodged with the Commission and is followed within two 
months by a reasoned statement of opposition, the Commission shall check the 
admissibility of this reasoned statement of opposition.  
3.  Within two months after the  receipt of an admissible reasoned statement of 
opposition, the Commission shall invite the authority or person that lodged the 
opposition and the authority or body that lodged the application to engage in 
appropriate consultations for a period that shall not exceed three months.  This 
deadline shall start on the date when the invitation to the interested parties is 
delivered by electronic means.  
The authority or person that lodged the opposition and the authority or body that 
lodged the application shall s tart such appropriate consultations without undue delay. 
They shall provide each other with the relevant information to assess whether the 
application for registration complies with the conditions of this Chapter. If no 
agreement is reached, this informati on shall also be provided to the Commission.   
When the interested parties reach an agreement, the authorities of the Member State 
or of the third country from which the application was lodged shall notify the EN 22   EN Commission of all the factors which enabled tha t agreement to be reached, including 
the opinions of the applicant and of the authorities of a Member State or of a third 
country or other natural and legal persons having lodged an opposition.   
Whether an agreement has been reached or not, the notificatio n to the Commission 
shall be made within one month from the end of the consultations.  
At any time during these three months, the Commission may, at the request of the 
applicant extend the deadline for the consultations by a maximum of three months.  
4.  Where, following the appropriate consultations referred to in paragraph 3, the details 
published in accordance with Article 23(2) have been substantially amended, the 
Commission shall repeat the scrutiny referred to in Article 23.  
5. The notice of oppositi on, the reasoned statement of opposition and the related 
documents which are sent to the Commission in accordance with paragraphs 1 to 4 
shall be in one of the official languages of the Union.  
Article 25  
Grounds for opposition  
1.  A reasoned statement of o pposition as referred to in Article 24(2) shall be admissible 
only if it is received by the Commission within the time limit set out in that provision 
and if it shows that:  
(a)  the conditions referred to in point (6) of Article 2(1) and Article 19 are not  
complied with;  
(b)  the registration of the name proposed would be contrary to Article 31 or 32; or  
(c)  the registration of the name proposed would jeopardise the existence of an 
entirely or partly identical name or of a trade mark or the existence of pr oducts 
which have been legally on the market for at least five years preceding the date 
of the publication provided for in Article 23(2).  
2.  The grounds for opposition shall be assessed in relation to the territory of the Union.  
Article 26  
Transitional pe riods for use of geographical indications  
1.  Without prejudice to Article 18, the Commission may adopt implementing acts 
granting a transitional period of up to five years to enable spirit drinks originating in 
a Member State or a third country the name o f which contravenes Article 18(2) to 
continue to use the designation under which it was marketed on condition that an 
admissible statement of opposition under Article 21(3) or Article 24 shows that the 
registration of the name would jeopardise the existenc e of: 
(a)  an entirely identical name or of a compound name, one term of which is 
identical to the name to be registered; or  
(b)  other names similar to the name to be registered which refer to spirit drinks 
which have been legally on the market for at lea st five years preceding the date 
of the publication provided for in Article 23(2).  
Those implementing acts shall be adopted in accordance with the examination 
procedure referred to in Article 44(2).  EN 23   EN 2.  Without prejudice to Article 33, the Commission may adopt implementing acts 
extending the transitional period mentioned in paragraph 1 of this Article or allowing 
continued use in duly justified cases where it is shown that:  
(a)  the designation referred to in paragraph 1 has been in legal use consistently and 
fairly for at least 25 years before the application for protection was submitted 
to the Commission;  
(b)  the purpose of using the designation referred to in paragraph 1 has not, at any 
time, been to profit from the reputation of the registered name and  it is shown 
that the consumer has not been nor could have been misled as to the true origin 
of the product.  
Those implementing acts shall be adopted in accordance with the examination 
procedure referred to in Article 44(2).  
3.  When using a designation re ferred to in paragraphs 1 and 2, the indication of country 
of origin shall clearly and visibly appear on the labelling.  
Article 27  
Decision on registration  
1.  Where, on the basis of the information available to the Commission from the scrutiny 
carried out  pursuant to the first subparagraph of Article 23(1), the Commission 
considers that the conditions for registration are not fulfilled, it shall adopt 
implementing acts rejecting the application. Those implementing acts shall be 
adopted in accordance with t he examination procedure referred to in Article 44(2).  
2.  If the Commission receives no notice of opposition or no admissible reasoned 
statement of opposition under Article 24, it shall adopt implementing acts, without 
applying the procedure referred to i n Article 44(2), registering the name.  
3.  If the Commission receives an admissible reasoned statement of opposition, it shall, 
following the appropriate consultations referred to in Article 24(3), and taking into 
account the results thereof, either:  
(a)  if an agreement has been reached, register the name by means of implementing 
acts adopted without applying the procedure referred to in Article 44(2), and, if 
necessary, amend the information published pursuant to Article 23(2) provided 
such amendments are  not substantial; or  
(b)  if an agreement has not been reached, adopt implementing acts deciding on the 
registration. Those implementing acts shall be adopted in accordance with the 
examination procedure referred to in Article 44(2).  
4.  Acts of registration and decisions on rejection shall be published in the Official 
Journal of the European Union .  
The act of registration shall grant the protection referred to in Article 18 to the 
geographical indication.  
Article 28  
Amendment to a produc t specification  
1.  A group having a legitimate interest may apply for approval of an amendment to a 
product specification.  EN 24   EN Applications shall describe and give reasons for the amendments requested.  
2.  Amendments shall be approved by the Member State in w hose territory the 
geographical area of the product concerned is located.  
However, where the amendment applications involve one or more amendments to the 
product  specification that relate to the essential characteristics of the product, alter 
the link ref erred to in point (f) of Article 19, include a change to the name, or to any 
part of the name of the spirit drink, affect the defined geographical area or represent 
an increase in restrictions on trade in the product or its raw materials, the Member 
State  shall submit the amendment application to the Commission for approval and 
the application shall follow the procedure laid down in Articles 21 to 27.  
3. The scrutiny of the application shall focus on the proposed amendment.  
Article 29  
Cancellation  
The Commission may, on its own initiative or at the request of any natural or legal person 
having a legitimate interest, adopt implementing acts to cancel the registration of a 
geographical indication in the following cases:  
(a)  where compliance with the cond itions of the product specification is not ensured;  
(b)  where no product is placed on the market under the geographical indication for at least 
seven years.  
The Commission may, at the request of the producers of the product marketed under the 
registered n ame, cancel the corresponding registration. Articles 21, 23, 24 and 27 shall apply 
to the cancellation procedure.  
The implementing acts referred to in the first paragraph shall be adopted in accordance with 
the examination procedure referred to in Article 44(2).  
 
Article  30 
Register of geographical indications of spirit drinks  
The Commission shall adopt implementing acts, without applying the procedure referred to in 
Article 44(2), establishing and maintaining a publicly accessible updated electronic regist er of 
geographical indications of spirit drinks recognised under this scheme (‘the Register’).  
The Commission may adopt implementing acts  laying down detailed rules on the form and 
content of the Register. Those implementing acts shall be adopted in accord ance with the 
examination procedure referred to in Article 44(2).  
Geographical indications of spirit drinks produced in third countries that are protected in the 
Union pursuant to an international agreement to which the Union is a contracting party may 
be entered in the Register as geographical indications.  
Article 31  
Homonymous geographical indications  EN 25   EN 1. If a name for which an application is submitted is a whole or partial homonym of a 
name already registered under this Regulation, the name shall be registered with due 
regard to local and traditional usage and any risk of confusion.  
2.  A homonymous name which misleads the consumer into believing that products 
come  from another territory shall not be registered even if the name is accurate as far 
as the actual territory, region or place of origin of those products is concerned.  
3. The use of a registered homonymous geographical indication shall be subject to there 
being a sufficient distinction in practice between the homonym registered 
subsequently  and the name already in the Register, having regard to the need to treat 
the producers concerned in an equitable manner and not to mislead the consumer.  
Article 32  
Specific grounds for refusal of protection  
1. A name  that has become generic  shall not be prot ected as a geographical indication.  
To establish whether or not a name has become generic, account shall be taken of all 
relevant factors, in particular:  
(a) the existing situation in the Union, notably in areas of consumption;  
(b) the relevant Union or national legislation.  
2. A name  shall not be protected as a geographical indication where, in the light of a 
trade mark’s reputation and renown, protection could mislead the consumer as to the 
true identity of the spirit drink.  
3. A name shall not be prote cted as a geographical indication if the production or 
preparation steps which are compulsory for the relevant category of spirit drink, do 
not take place in the relevant geographical area.  
Article  33 
Relation between trademarks and geographical indication s 
1.  The registration  of a trademark which contains or consists of a geographical 
indication listed in the Register shall be refused or invalidated if its use would lead to 
any of the situations referred to in Article 18(2) . 
2. A trademark the use of whic h corresponds to one of the situations referred to in 
Article 18(2) which has been applied for, registered, or established by use, if that 
possibility is provided for by the legislation concerned, in good faith within the 
territory of the Union, before eit her the date of protection of the geographical 
indication in the country of origin or before 1  January 1996 , may continue to be used 
notwithstanding the registration of a geographical indication, provided that no 
grounds for its invalidity or revocation ex ist under Directive 2008/95/EC of the 
European Parliament and of the Council17 or Council Regulation (EC) 
No 207/2009.18 
                                                 
17 Directive 2008/95/EC of the European Parliament and of the Council of 22  October 2008 to 
approx imate the laws of the Member States relating to trademarks  (OJ L 299, 8.11.2008, p. 25).  
18 Council Regulation (EC) No  207/2009 of 26  February 2009 on the Community trademark  (OJ L 78, 
24.3.2009, p. 1).  EN 26   EN Article 34  
Implementing powers with respect to existing protected geographical indications  
1. Without prejudice to paragraph 2, geographi cal indications of spirit drinks protected 
under Regulation (EC) No  110/2008, shall automatically be protected as 
geographical indications under this Regulation. The Commission shall list them in 
the Register.  
2.  For a period of up to  two years following the entry into force of this Regulation, the 
Commission, by means of implementing acts, may, on its own initiative, cancel the 
protection of geographical indications referred to in Article 20 of Regulation (EU) 
No 110/2008 if they do not comply with point (6) of Article 2(1). Those 
implementing acts shall be adopted in accordance with the examination procedure 
referred to in Article 44(2).  
Article 35  
Verification of compliance with the product specification  
1. In respect of the geographical indications within the Union, verification of 
compliance with the product specification, before placing the product on the market, 
shall be ensured by at least one : 
(a) competent authority referred to in Article 40(1); or  
(b) control body within the meaning of point 5 of the second subparagraph of 
Article 2 of Regulation (EC) No  882/2004 of the European Parliament and of 
the Council,19 operating as a product certification body.  
Notwithstanding the national legislation of Member St ates, the costs of such 
verification of compliance  with the product specification shall be borne by the food 
business operators which are subject to those controls.  
2. In respect of the geographical indications within a third country, verification of 
compl iance with the product specification, before placing the product on the market, 
shall be ensured by at least one:  
(a) public competent authority designated by the third country; or  
(b) product certification body.  
3. Member States shall make public the names and addresses of the authorities and 
bodies referred to in paragraph 1, and update that information periodically.  
The Commission shall make public the name and address of the authorities and 
bodies referred to in paragraph 2 and update that information periodically.  
4. The product certification bodies referred to in point (b) of paragraph 1 and in point 
(b) of paragraph 2 shall comply with and be accredited in accordance with European 
standard ISO/IEC 17065:2012.  
5. The competent authorities or bodies referred to in paragraphs 1 and 2  verifying 
compliance of the protected geographical indication with the product specification 
                                                 
19 Regulation (EC) No  882/2004 of the European Parliame nt and of the Council of 29  April 2004 on 
official controls performed to ensure the verification of compliance with feed and food law, animal 
health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).  EN 27   EN shall be objective and impartial. They shall have at their disposal the qualified staff 
and resources necessary to carry out their tasks.  
Article 36 
Surveillance  of the use of the name in the market place  
1. Member States shall carry out checks, based on a risk analysis, as regards the use of 
the registered names of geographical indications in the market place and shall take all 
necessary measures in the event of breaches of the requirements of this Chapter.  
2. Member States shall inform the Commission of the names and addresses of the 
competent authorities responsible for controls of the use of  the name in the market 
place designated in accordance with Article 40.  The Commission shall make public 
the names and addresses of those authorities.  
Article  37  
Procedure and requirements, planning  and reporting of control activities  
1. Procedures and re quirements laid down in Regulation (EC) No 882/2004 shall apply 
mutatis mutandis  to the checks provided for in Articles 35 and 36 of this Regulation.  
2. Member States shall ensure that activities for the control of obligations under this 
Chapter are specif ically included in a separate section within the multi -annual 
national control plans in accordance with Articles 41 to 43 of Regulation (EC) 
No 882/2004.  
3. The annual reports referred to in Article 44(1) of Regulation (EC) No  882/2004 shall 
include in a s eparate section the information referred to in that provision concerning 
the control of the obligations established by this Regulation.  
Article  38 
Delegated  powers  
1. In order to take account of the specificities of the production in the demarcated 
geogra phical area, the Commission shall be empowered to adopt delegated acts in 
accordance with Article 43 concerning:  
(a) the additional criteria for the demarcation of the geographical area; and  
(b) the restrictions and derogations related to the production in  the demarcated 
geographical area.  
2. In order to ensure product quality and traceability, the Commission may, by means of 
delegated acts adopted in accordance with Article 43, provide for the conditions 
under which the product specification may include in formation concerning 
packaging as referred to in point (e) of Article 19 or any specific labelling rule as 
referred to in point (h) of Article 19.  
3. In order to ensure the rights or legitimate interests of producers or food business 
operators, the Commiss ion may, by means of delegated acts adopted in accordance 
with Article 43, set out:  
(a) in which cases a single producer may apply for the protection of a geographical 
indication;  EN 28   EN (b) the conditions to be followed in respect of  an application for the prot ection of 
a geographical indication, preliminary national procedures, scrutiny by the 
Commission, the opposition procedure and the cancellation of geographical 
indications, including in cases where the geographical area covers more than 
one country.  
4.  In order to ensure that product specifications provide relevant and succinct 
information, the Commission shall be empowered to adopt delegated acts, in 
accordance with Article 43, laying down rules which limit the information contained 
in the product specifi cation, where such a limitation is necessary to avoid excessively 
voluminous applications for registration.  
5. In order to facilitate the administrative process of an amendment application, 
including where the amendment consists in a temporary change of th e product 
specification resulting from the imposition of obligatory sanitary and phytosanitary 
measures by the public authorities or linked to natural disasters or adverse weather 
conditions formally recognised by the competent authorities, the Commission shall 
be empowered to adopt delegated acts, in accordance with Article 43, to establish 
conditions and requirements for the procedure concerning the amendments to be 
approved both by the Member States and by the Commission.  
6. In order to prevent the unlaw ful use of geographical indications, the Commission 
shall be empowered to adopt delegated acts in accordance with Article 43 concerning 
the appropriate actions to be implemented by the Member States in this respect.  
7. In order to ensure the efficiency of the checks provided for in this Chapter, the 
Commission shall be empowered to adopt delegated acts in accordance with Article 
43 concerning the necessary measures regarding the notification of food business 
operators to the competent authorities.  
Article 3 9 
Implementing  powers  
The Commission may adopt implementing acts laying down detailed rules concerning:  
(a) the form of the specification and measures on the information to be provided in 
the product specification with regard to the link between the geographical area 
and the final product;  
(b)  procedures, form and presentation of applications, including for applications 
concerning more than one national territory;  
(c) procedures, form and presentation of the oppositions;  
(d)  form and presentation of  an amendment application;  
(e) procedures and form of the cancellation process, as well as on the presentation 
of the requests of cancellation;  
(f) the checks and verifications to be carried out by the Member States, including 
testing.  
Those implementing a cts shall be adopted in accordance with the examination procedure 
referred to in Article 44(2).  EN 29   EN CHAPTER IV  
CHECKS, EXCHANGE OF INFORMATION, MEMBER STATES’ LEGISLATION  
Article 40  
 Checks on spirit drinks   
1. Member States shall be responsible  for checks o n spirit drinks. They shall take the 
measures necessary to ensure compliance with this Regulation and designate the 
competent authorities responsible on compliance with this Regulation.   
2. The Commission shall ensure the uniform application of this Regula tion and, where 
necessary, shall, by means  of implementing acts adopt the rules concerning 
administrative and physical checks to be conducted by the Member States with 
regard to the respect of the obligations resulting from the application of this 
Regulati on. Those implementing acts shall be adopted in accordance with the 
examination procedure referred to in Article 44(2).  
Article 41  
Exchange of information  
1. Member States  and the Commission shall communicate to each other the information 
necessary for the  application of this Regulation.  
2. The Commission  shall be empowered to adopt delegated acts in accordance with 
Article 43 concerning the nature and type of information to be exchanged.  
3. The Commission  shall be empowered to adopt implementing acts concerning the 
methods for exchanging information.  
Those implementing  acts shall be adopted in accordance with the examination 
procedure referred to in Article 44(2).  
Article 42  
Member States’ legislation  
1. In applying a quality policy for spirit drinks produced in their own territory and in 
particular for geographical indications listed in the Register or for the protection of 
new geographical indications, Member States may lay down rules on production, 
prese ntation and labelling stricter than those set out in Annex II in so far as they are 
compatible with Union law.  
2. Member States  shall  not prohibit or restrict the import, sale or consumption of spirit 
drinks which comply with this Regulation.  
CHAPTER V  
DELEGATION OF POWER , IMPLEMENTING PROVISI ONS, REPEAL AND AMENDMENT , 
TRANSITIONAL AND FIN AL PROVISIONS  EN 30   EN SECTION  1 
DELEGATION  OF POWER  AND  IMPLEMENTING  PROVISIONS  
Article 43  
Exercise of the delegation  
1. The power  to adopt delegated acts shall be conferred on  the Commission subject to 
the conditions  laid down in this Article.  
2. The power  to adopt delegated acts referred to in Articles 5, 16, 38, 41 and 46(2) shall 
be conferred on the Commission for an indeterminate period of time from the entry 
into force of this Regulation.  
3. The delegation of power referred to in Articles 5, 16, 38, 41 and 46(2) may be 
revoked at any time by the European Parliament or by the Council. A decision to 
revoke shall put an end to the delegation  of power specified in that decision. It shall 
take effect the day following the publication of the decision in the Official Journal of 
the European Union or at a later date specified therein. It shall not affect the validity 
of any delegated acts already in force.  
4. Before adopting a delegated act, the Commission shall consult experts designated by 
each Member State in accordance with the principles laid down in the 
Interinstitutional Agreement on Better Law -Making of 13  April  2016.  
5. As soon as it adopt s a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  
6. A delegated act adopted pursuant to Articles 5, 16, 38, 41 and 46(2) shall enter into 
force only if no objection  has been expressed either by  the European Parliament or 
by the Council within  a period of two months of notification of that act to the 
European Parliament and the Council or if, before the expiry of that period, the 
European Parliament and the Council have both informed the Commissi on that they 
will not object. That period shall be extended by two months at the initiative of the 
European Parliament or the Council.  
Article 44  
Committee  procedure  
1. The Commission shall be assisted by the Committee for Spirit Drinks established by 
Coun cil Regulation  (EEC) No  1576/89.20 That committee shall be a committee 
within the meaning of Regulation (EU) No  182/2011.  
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) 
No 182/2011 shall apply.  
SECTION 2 
REPEAL, TRANSITIONAL AND FINAL PROVISIONS  
                                                 
20 Council Regulation  (EEC) No  1576/89 of 29  May 1989 laying down general rules on the definition, 
description and presentation of spirit drinks (OJ L 160, 12.6.1989, p. 1).  EN 31   EN Article 45  
Repeal  
Regulation (EC) No  110/2008 is repealed.  
References to Regulation (EC) No  110/2008 shall be construed as references to this 
Regulation.  
Article 46  
Transitional measures  
1.  Spirit  drinks which meet the requirements of Regulation (EC) No  110/2008 and were 
produced before the date of application of this Regulation may continue to be placed 
on the market until stocks are exhausted.  
2.  In order to facilitate the transition from the ru les provided for in Regulation (EC) 
No 110/2008 to those established by this Regulation, the Commission, where 
appropriate, may, by means of delegated acts, adopt measures to amend or derogate 
from this Regulation, by 3 years after the date of application.  
3.  Articles 19 to 23, 28 and 29 shall apply to applications for protection, applications 
for amendment and cancellations submitted after the date of application of this 
Regulation.  
The relevant  provisions of Regulation (EC) No 110/2008 shall continue to apply in 
respect of the applications for protection and for amendment of product specification 
and to the requests for cancellation which are pending at the date of entry into force 
of this Regulation.   
The provisions on the opposition procedure referred to in Articles 24 to 26 shall 
apply to the procedures for application for protection, for application for amendment 
and for request of cancellation for which the single document, the amendment 
application or the request of cancellation have not been published at the date of entry 
into force of this Regulation.  The relevant  provisions of Regulation (EC) No 
110/2008 shall continue to apply to the procedures for application for protection , for 
application for amendment and for request of cancellation for which the single 
document, the amendment application or the request of cancellation have been 
published at the date of entry into force of this Regulation.  
4. In respect of geographical i ndications registered in accordance with Regulation (EC) 
No 110/2008 the Commission shall, at the request of a Member State, publish a 
single document submitted by that Member State in the Official Journal of the 
European Union . That publication shall be a ccompanied by the publication reference 
of the product specification and shall not be followed by an opposition procedure.  
Article 47  
Entry  into force and application  
This Regulation shall enter into force on the seventh day following that of its publicati on in 
the Official Journal of the European Union . 
It shall apply from […].      
This Regulation shall be binding in its entirety and directly applicable in all Member States.  EN 32   EN Done at Brussels,  
For the European Parliament  For the Council  
The President  The P resident