Commission Regulation (EC) No 2870/2000
of 19 December 2000
laying down Community reference methods for the analysis of spirits drinks
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks(1), as amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 4(8) thereof,
Whereas:
(1) Article 4(8) of Regulation (EEC) No 1576/89 provides for the adoption of methods to be used for analysing spirit drinks. Reference methods should be used to ensure compliance with Regulation (EEC) No 1576/89 and Commission Regulation (EEC) No 1014/90 of 24 April 1990 laying down detailed implementing rules on the definition, description and presentation of spirit drinks(2), as last amended by Regulation (EC) No 2140/98(3), when any official control takes place or in the event of a dispute.
(2) As far as possible, it would be useful to adopt and describe as Community analytical reference methods generally recognised methods.
(3) In order to take account of scientific advances and of differences in the equipment of official laboratories, the use of methods based on principles of measurement other than the reference methods described in the Annex hereto should be permitted under the responsibility of the laboratory director, where those methods offer adequate guarantees as regards results and in particular meet the criteria set in the Annex to Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption(4) and if it can be shown that the variation in the accuracy, repeatability and reproducibility of the results obtained is within the limits of those obtained using the reference methods described in this Regulation. If that condition is met, the use of other analytical methods should be allowed. However, it is important to specify that in cases of dispute other methods may not replace reference methods.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Implementation Committee for Spirit Drinks,
HAS ADOPTED THIS REGULATION:
Article 1
The Community reference methods for the analysis of spirits drinks to ensure compliance with Regulation (EEC) No 1576/89 and Regulation (EEC) No 1014/90:
- when any official control takes place, or
- in the event of a dispute,
shall be those set out in the Annex hereto.
Article 2
Notwithstanding the first indent of Article 1, other analytical methods shall be permitted, under the responsibility of the director of the laboratory, on condition that the accuracy and precision (repeatability and reproducibility) of the methods are at least equivalent to those of the relevant reference analytical methods given in the Annex.
Article 3
Where Community analytical reference methods are not laid down for the detection and quantification of substances contained in a particular spirit drink, the following methods shall be used:
(a) analytical methods which are validated to internationally recognised procedures and in particular meet the criteria set in the Annex to Directive 85/591/EEC;
(b) analytical methods conforming to the recommended standards of the International Organisation for Standardisation (ISO);
(c) analytical methods recognised by the General Assembly of the International Vine and Wine Office (OIV) and published by that Office;
(d) in the absence of a method as indicated at (a), (b) or (c), by reason of its accuracy, repeatability and reproducibility:
- an analytical method approved by the Member State concerned,
- where necessary, any other suitable analytical method.
Article 4
For the purposes of this Regulation:
(a) "repeatability limit": shall be the value less than or equal to which the absolute difference between two test results obtained under the repeatability conditions (same operator, same apparatus, same laboratory and a short interval of time) may be expected to be with a probability of 95 % {ISO 3534-1};
(b) "reproducibility limit": shall be the value less than or equal to which the absolute difference between two test results obtained under the reproducibility conditions (different operators, different apparatus and different laboratories), may be expected to be with a probability of 95 % {ISO 3534-1};
(c) "accuracy": shall be the closeness of agreement between a test result and the accepted reference value {ISO 3534-1}.
Article 5
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2000.