EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…] 
[…](2017) XXX  draft  
  
COMMISSION REGULATION (EU) …/…  
of XXX  
amending Annex II to 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    
EN 2   EN COMMISSION REGULATION (EU) …/…  
of XXX  
amending Annex II to 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  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union,  
Having regard to Regulation (EC) No 110/2008 of the European Parliament and of the 
Council of 15  January 2008 on the definition, description, presentation, labelling and the 
protection of geographical indications of spirit drinks1, and in particular Article 26 thereof,  
Whereas:  
(1) Annex II to Regulation (EC) No 110/2008 provides that the sales denomination of 
spirit drinks of the category 9 'Fruit spirit ' has to  be ‘spirit’ preceded by the name of 
the fruit, berry or vegetable used.  However, in some official language s those sale 
denominations are traditionally expressed by completing the name of the fruit with a 
suffix. The indication of a sale denomination consisting of the name of the fruit 
completed by a suffix should therefore be allowed for fruit spirits labelled in those 
official language s. 
(2) In Annex II to Regulation (EC) No 110/2008 the specifications of the category 10 
'Cider spirit and perry spirit' do not clearly provide for the possibility of distilling cider 
and perry together in order to produce thi s category of spirit drink. However, in some 
cases  the spirit drink is traditionally obtained  from the distillation of both cider and 
perry together.  The definition of this category of spirit drinks  should therefore be 
modified in order to explicitly allow  for the possibility to distil  cider  and perry 
together  where this is provided for by traditional production methods . For those cases , 
it is also necessary to determine rules on the corresponding sales denomination.  In 
order to avoid difficulties for economic operators, it is also appropriate to establish  a 
transitional provision  concerning the sales denomination of spirit drinks produced 
before the entry into force of th is Regulation.  
(3) Annex II to Regulation (EC) No 1 10/2008 should therefore be amended accordingly.  
(4) The measures provided for in this Regulation are in accordance with the opinion of 
the Committee  for Spirit Drinks , 
HAS ADOPTED THIS REGULATION:  
Article 1  
Annex II to Regulation (EC) No 110 /2008 is amended as follows:  
(1) Point (f) of category 9 is replaced by the following:  
                                                 
1 OJ L 39, 13.2.2008, p. 16.   
EN 3   EN '(f) The sales denomination of a fruit spirit shall be ‘spirit’ preceded by the name of 
the fruit, berry or vegetable, such as: cherry spirit , which may also be named  
kirsch , plum spirit , which may also be named  slivovitz, mirabelle, peach, apple, 
pear, apricot, fig, citrus or grape spirit or other fruit spirits. This sales 
denomination may be expressed by the name of the fruit completed by a suffix 
when expressed in the Czech, Croatian, Gree k, Polish, Slovakian, Slovenian and 
Romanian languages.  
It may be also called wasser , with the name of the fruit.  
The name of the fruit may replace 'spirit' preceded by the name of the fruit, solely 
in the case of the following fruits:  
- mirabelle ( Prunus domestica L. subsp. syriaca  (Borkh.) Janch. ex Mansf.)  
- plum ( Prunus domestica L.), 
- quetsch ( Prunus domestica  L.), 
- fruit of arbutus ( Arbutus unedo  L.), 
- 'Golden Delicious' apple.  
If there is a risk that the final consumer does not easily understand o ne of tho se 
sales denominations  not containing the word 'spirit' , the labelling and 
presentation shall include the word 'spirit', which may be supplemented by an 
explanation.' ; 
(2) Category 10 is replaced by the following:  
'10. Cider spirit , perry spirit  and cider and perry spirit  
(a) Cider spirit , perry spirit and cider  and perry spirit are spirit drinks which meet the 
following conditions:  
(i) they are produced exclusively by the distillation at less than 86 % vol. of  
cider or perry so that the distillate has an aroma an d taste derived from the 
fruits;  
(ii) they have a quantity of volatile substances equal to or exceeding 200 grams 
per hectoliter of 100 % vol. alcohol;  
(iii) they have a maximum methanol content of 1 000 grams per hectoliter of 100 
% vol. al cohol.  
The condition referred to in point (i) shall not exclude spirit drinks produced by 
traditional production methods which allow for the distillation of both cider and 
perry together. In those cases, the sales denomination shall be 'cider and  perry 
spirit '. 
(b) The minimum alcoholic strength by volume of cider spirit , perry spirit and cider 
and perry spirit shall be 37.5 %.  
(c) No addition of alcohol as defined in point ( 5) of Annex I, diluted or not, shall take 
place.  
(d) Neither cider spirit  nor pe rry spirit nor cider  and perry spirit shall be flavoured.  
(e) Cider spirit , perry spirit and cider  and perry spirit may only contain added 
caramel as a means of adapting colour. '.  
EN 4   EN Article 2 
Spirit drinks belonging to category 10 in Annex II to Regulation ( EC) No 110 /2008 and sales 
denominations of which meet the requirements of that Regulation  at the time of entry into 
force of this Regulation may continue to be placed on the market until stocks are exhausted . 
Article 3 
This Regulation shall enter into force on the third  day following that of its publication in the 
Official Journal of the European Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For t he Commission  
 The President  
 Jean -Claude JUNCKER