NoC 124/16 Official Journal of the European Communities 9. 5. 83 
Opinion on the proposal for a Council Regulation laying down general rules on the definition, 
description and presentation of spirituous beverages and of vermouths and others wines of 
fresh grapes flavoured with plants or other aromatic substances 
The text referred to the Committee has been published in Official Journal of the European 
Communities No C 189 of 23 July 1982, page 7. 
A. LEGAL BASIS FOR THE OPINION 
On 5 July 1982 the Council referred the abovementioned proposal to the Economic and Social 
Committee in accordance with Articles 43 and 198 of the Treaty establishing the European 
Economic Community. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 
206nd plenary session held in Brussels on 23 and 24 March 1983. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 43 and 
198 thereof, 
Having regard to the request made by the Council of the 
European Communities on 5 July 1982 for an opinion on 
the proposal for a Council Regulation laying down 
general rules on the definition, description and 
presentation of spirituous beverages and of vermouths 
and other wines of fresh grapes flavoured with plants or 
other aromatic substances, 
Having regard to the decision taken by its Bureau, 
instructing the Section for Agriculture to organize its 
work on the matter, 
Having regard to its previous work on this subject and in 
particular its opinions of 30 March 1978 (*) and 13 
December 1979 (2), 
Having regard to the opinion adopted by the Section for 
Agriculture at its 242nd meeting held on 2 and 3 March 
1983, 
Having regard to the report submitted by the rapporteur, 
Mr De Grave, 
Having regard to the discussions on 24 March 1983, 
during the 206th plenary session, held on 23 and 
24 March 1983, 
HAS ADOPTED THE FOLLOWING OPINION 
with no votes against and two abstentions: 
1. General comments 
1.1. The Committee notes that the main aim of this 
proposed Regulation is to protect consumers. 1.2. Since the judgment in the Cassis de Dijon case 
any alcoholic beverage lawfully produced and put into 
circulation in one Member State may in principle be 
marketed freely throughout the Community. In view of 
this new legal situation the proposed Regulation is 
essential to prevent a levelling down of quality standards 
and distortions of competition between producers in the 
various Member States, especially since some Member 
States have no regulations in this matter. 
1.3. Labelling rules, even adequate ones, are not 
always sufficient to protect the consumer, especially since 
a substantial proportion of these products reach the 
consumer in restaurants and cafes. The protection of 
traditional producers who are responsible for the 
reputation of the products must also be taken into 
account. 
It is therefore essential that certain generic names be 
reserved for products which meet the quality standards 
traditionally expected by the consumer as regards the raw 
materials used, manufacturing processes, minimum 
ageing and alcohol content. In this respect the Committee 
notes that the Commission's proposal meets the request 
made in its opinion of 30 March 1978 (3) in which it 
stressed 'the extreme importance of working out precise 
definitions for all the products covered by the proposed 
Regulation as soon as possible'. 
1.4. Besides their generic names, there are some 
beverages which owe their specific characteristics to the 
geographical origin of the raw materials used or to local 
and traditional production practices. These beverages 
qualify for a registered designation of origin or a 
geographical ascription and the Community should 
provide these ascriptions with appropriate protection. 
(>) OJNo C 181, 31.7. 1978. 
(2) OJ No C 83, 2. 4. 1980. (3) OJNoC 181, 31.7. 1978. 
9. 5. 83 Official Journal of the European Communities NoC 124/17 
1.5. The Committee endorses the use, in certain cases, 
of the name of a Member State (Greek ouzo, Italian 
grappa, German Korn, etc.) or of a non-member State 
(Canadian whisky) for the name of a specific traditional 
beverage of these countries, even if the use of the name of 
a Member State is sometimes controversial. 
1.6. The Committee has been informed that 
consultations with the various interested parties have 
taken place through the Advisory Committee on 
Foodstuffs, but that the Commission department 
responsible for drafting the present proposal has not been 
advised of the Committee's opinion. 
1.7. The Committee urges that the interested parties 
be consulted on the draft implementing Regulation. In so 
far as is possible this Regulation should come into force 
concurrently with the present Regulation so as to avoid 
any possibility of divergence or distortion within the 
EEC. 
1.8. The Committee would point out that the 
spirituous beverages and aromatized wines sectors are 
today still governed mainly by national legislation. As 
such legislation varies considerably, this situation cannot 
be allowed to continue in view of the considerable 
economic importance of this sector for the EEC and the 
level of intra-Community and external trade. 
1.9. Furthermore, this sector constitutes a major 
outlet for Community agricultural products. 
1.10. The Committee acknowleges the extreme 
complexity of the problems to be resolved in arriving at 
definitions which take account of (a) the industrial and 
commercial traditions and views of manufacturers and 
traders, (b) consumer expectations and (c) national 
habits. 
1.11. The Commission's proposal covers two 
different but competing categories of beverages: one with 
an alcohol base, the other with a wine base. Both are 
industrially-produced alcoholic beverages which may be 
subject to similar measures and identical procedures. 
Spirituous beverages are defined in Title I of the 
Regulation and aromatized wines in Title II. 
1.12. Making all spirituous beverages and aromatized 
wines subject to a single Regulation does not seem the 
only solution. Two Regulations, one for spirituous 
beverages with an alcohol or spirit base and the other for 
wine-based aperitifs, would be just as logical. 
The Committee notes that presentation in the form of two 
separate Regulations would not prevent them from being 
adopted and implemented simultaneously. 1.13. The Committee has noted that the 
implementing measures which the Commission proposes 
adopting would likewise take the form of a Regulation 
and be based on Article 235 of the Treaty. The 
Committee wonders, however, whether it would not be 
possible to adopt the two Regulations at the same time so 
that all the arrangements could be implemented without 
excessive delay. The Committee wondered whether it was 
possible to discuss the two Regulations separately and 
whether a single Regulation containing all the definitions 
and all the technical details would not have been 
preferable. 
1.14. Failing this solution the Committee reiterates 
that the two Regulations if possible be implemented 
simultaneously and urges the interested parties be 
consulted immediately on the second Regulation. 
1.15. Certain spirituous beverages are, or have been, 
the speciality of a particular country. As these are 
industrial products (not appearing in Annex II to the 
Rome Treaty), it is not possible to reserve their 
manufacture for a particular Member State. On the other 
hand it is perfectly justifiable to ensure that people can 
easily distinguish those products which come from a 
country where they are manufactured in the traditional 
manner and where the fraud prevention services are well 
equipped and capable of carrying out checks. 
2. Specific comments 
2.1. Article 1 (1) 
2.1.1. The Committee endorses the Commission's 
decision to make the legislation subject to a 
Regulation. 
2.1.2. (a) Spirituous beverage (i, second indent) 
The Italian text reads 'liqueur' instead of 'liquid'. 
2.1.3. (c) Sugar 
The Committee wonders whether reference should not be 
made to the definitions in Directive 73/437/EEC on 
sugar. It would point out that nothing is specified as 
regards permitted limits. Besides the sugar covered by the 
Directive, the use of caramelized sugar should also be 
included. 
2.1.4 (f) Blending 
The German translation of this term needs revision. 
NoC 124/18 Official Journal of the European Communities 9. 5. 83 
2.1.5 (g) Maturing or ageing 
Firstly, no details are given on the duration of this 
operation, except for whisky and brandy, secondly, the 
fact that it may only be carried out in wood seems too 
restrictive for some beverages. It would be possible to 
grant exemptions for certain products where this was 
genuinely justified by traditional practice. 
2.1.6 (h) Ethyl alcohol of agricultural 
origin 
Distillate should also be defined; this would make good a 
deficiency, especially in the case of low-strength 
distillates. 
2.1.7 (m) Flavouring 
(a) The Committee considers that Article 1(1) should 
contain a definition of flavouring. 
(b) Under Article 1 (2) (d) it is stated that korn must be 
produced 'without added flavouring', but no such 
rule is laid down for whisky, brandy, etc. 
Furthermore, flavouring is explicitly permitted for 
certain beverages, such as vodka, but not for others, 
such as grappa, which traditionally is also 
flavoured. 
(c) The Committee calls for supplementing provisions 
containing: 
— a full list of spirituous beverages which can be 
flavoured, 
— a list of the flavourings permitted in the beverages 
on this list, based in each case on traditional 
practices. 
2.2. Article 1 (2) 
2.2.1. The order in which the spirituous beverages are 
defined does not follow any set classification. 
As a result spirituous beverages with a neutral alcohol 
base, flavoured to a greater or lesser degree, are 
interspersed with spirits which generally owe their 
distinctive character to the raw materials used and 
low-strength distillation processes. 
It would seem that this order is based on the list in the 
Common Customs Tariff. 
2.2.2 (a) Rum 
The Committee notes that for this product the 
Commission has not taken into account the definition 
used in the principal producer Member State. The 
characteristics of this spirituous beverage vary considerably, depending on whether it is traditional rum, 
whose place of production generally coincides with the 
manufacture of cane sugar, or the slightly flavoured rum, 
often manufactured in Europe. Several definitions would 
be possible taking into account (a) the raw material used 
and (b) the importance of the aromatic principles. 
Furthermore, unambiguous labelling should be laid down 
for each of these products. 
2.2.3 (b) Whisky or whiskey 
The Section endorses the definition proposed by the 
Commission, in particular the minimum three years' 
ageing. 
The absence of flavourings, which would seem to be 
implied, should be spelt out in the definition. Storage in 
wooden casks previously having contained whisky or 
fortified wine (sherry) is not regarded as flavouring. 
2.2.4 (c) Grain spirit 
The definition of grain spirit should be expanded to 
include an analytic list of the secondary ingredients. 
2.2.5 (d) Korn 
This definition must as far as possible be aligned on the 
production rules of the country which, so far, is the only 
producer. 
2.2.6 (e) Juniper-flavoured spirituous 
beverage 
In so far as the manufacture of this beverage varies very 
considerably from one country to another: 
United Kingdom - Gin: 
mixture of alcoholic beverages flavoured by juniper 
berries (38°); 
Belgium and the Netherlands - Genever: 
grain or molasses alcohol to which juniper berries and 
other plants + sugar + caramel are added, 30° (Belgium) 
to 35° (Netherlands); 
France — Genievre: 
alcohol of cereals except wheat with added juniper, 35 to 
40°; 
either several definitions must be given or the different 
names supplemented by an indication or origin, in 
accordance with Annex II. 
2.2.7 (f) C um in - f 1 a v o u r ed spirituous 
beverage 
In the Section's view akvavit should be defined separately 
since another flavouring besides cumin may be used. 
9. 5. 83 Official Journal of the European Communities NoC 124/19 
2.2.8 (g) Aniseed-flavoured spirituous 
beverage 
This group of beverages is offered to the consumer under 
various names, originally used in one region of the 
Community, which leads the Committee to call for 
several definitions or for certain products to be relegated 
to Annex II if their manufacture is very Localized and 
subject to strict national rules; this applies particularly to 
certain other beverages not mentioned in the draft 
Regulation, such as ouzo, sambuca, pastis, mastika, etc. 
Finally, the Committee considers that separate definitions 
should be provided for ouzo, mastika and sambuca. 
2.2.9 (h) Vodka 
The Committee would ask the Commission to check 
whether filtering through activated charcoal is the only 
production process used for this beverage. 
2.2.10 (i) Wine spirit 
The Committee considers that this definition must be 
supplemented by a maximum strength of distillation, 
namely 86% on leaving the still. 
2.2.11 (j) Brandy or Weinbrand 
The Committee would point out that the proposed 
definition does not tally with the national definition of 
one Member State, Greece. 
2.2.12 (1) Grappa 
The Committee would point out that the difficulties in 
defining marc spirit stem from the fact that the 
production and marketing of these types of spirit are 
governed by different rules in France and Italy. In so far as 
is possible these two ways of producing the product 
should be distinguished on the label. 
The Committee considers that the definition proposed by 
the Commission must be amended as follows: 
'Grappa: 
marc spirit 
— produced exclusively by direct distillation of grape 
marc to which may be added a percentage of lees to 
be determined in accordance with the procedure 
laid down in Article 14, 
— distilled at less than 86 % vol. so that the product 
retains the aromatic principles of the raw materials 
used, 
— containing a total quantity of volatile substances, 
other than ethyl and methyl alcohol, exceeding 
240 g per hi of 100% vol. alcohol, — having a maximum methyl alcohol content of 
1 000 g per hi of 100% vol. alcohol.' 
2.2.13 (m) Cherry, plum, mirabelle, peach, 
apple, pear or other fruit spirits 
The Committee proposes a maximum degree of 
distillation of 82 %. A definition should also be given for 
'Obstgeist' which are produced in a different way from 
fruit spirits. 
2.2.14 (n) Cider or perry spirits 
The French text should read 'poire' and not 'poire'. It 
should also be stipulated, as for the fruit spirits in point 
(m) above, that these beverages must be produced by 
alcoholic fermentation. 
2.3. Article 1 (3) 
2.3.1 (a) Bourbon whisky 
The Committee acknowledges the need to define this type 
of whisky which is not produced in the Community and 
which is matured for a shorter period than whisky in the 
strict sense of the word. It should be stated explicitly that 
the barrels must be charred inside. 
2.3.2 (b) 'Sljivovica' plum spirit 
The Committee would point out that other plum spirits 
are produced in certain Member States or third countries; 
the name 'Sljivovica' may therefore be treated as a 
geographical ascription. 
3. Article 2 
3.1. Paragraph 1 contains a general rule to the effect 
that beverages must comply with the definition given in 
Article 1, while paragraph 2 sets out derogations in the 
case of beverages which have been flavoured, sweetened 
or contain certain additives; the wording of this Article 
reinforces our call for a precise definition of these 
practices in Article 1 of the proposal, in particular of 
flavouring, mixing, coupage and blending. 
3.2. These definitions would make it possible to find a 
solution to the problem of certain beverages which, while 
belonging to a generic category, have acquired their 
reputation from a specific flavouring. 
3.3. The wording of Article 2(1) is incomplete and 
should be supplemented by the following phrase added to 
the end:'. . . and comply with the provisions of Article 3, 
and of Titles HI and IV. 
No C 124/20 Official Journal of the European Communities 9. 5. 83 
4. Article 3 
4.1. Firstly, the Committee considers that alcoholic 
strength is a qualitative factor of prime importance for 
spirituous beverages. Secondly, it is aware of the 
distortion of competition which could be caused if vastly 
different minimum strengths were laid down for 
beverages which the consumer regards as equivalent and 
whose price is largely determined by the taxes on 
alcohol. 
4.2. However, the Committee believes that the 
greatest consideration must be given to tradition and to 
the consumer's expectations as regards the minimum 
strength of the beverages which he chooses. 
4.3. Consequently, the Committee believes there is an 
urgent need to halt the tendency which it has observed 
towards a gradual lowering of the minimum strength of 
certain spirituous beverages. 
The Committee draws attention to the risk of confusion 
between certain aromatized spirituous beverages (e.g. 
vodka flavoured with lemon) sold at 38% and certain 
mixtures sold at 20 % alcohol (e.g. vodka-orange). In the 
latter case the term vodka could clearly not be used in the 
name. 
4.4 (a) The Committee notes that the minimum 
strength of 40 % by volume for whisky accords with the 
standards of most of the major traditional producing 
countries. 
Competition would, however, seem possible from other 
spirituous beverages (gin, vodka, brandy, akvavit, rum). 
Ideally, similar provisions regarding minimum alcoholic 
strength could therefore be adopted for these products. 
The Committee thinks the aniseed-flavoured beverages 
referred to in point (d) should be included in point (a). It 
would also ask the Commission to consider a minimum 
strength for tequila. 
4.5 (b) Grappa falls in the same category as spirits and 
should therefore figure in the list. The Committee accepts 
the strength of 38 % by volume stipulated in the draft 
Regulation. 
4.6 (c) On grounds of accepted tradition the 
Committee ratifies the 32% by volume for korn. 
4.7 (d) The Committee notes an anomaly in this list 
which includes juniper-flavoured spirituous beverages 
but excludes gin, which is subject to the 38 % by volume 
minimum of point (b). The Committee fears that this 8 % 
difference might cause a distortion of competition 
between these various juniper-flavoured beverages. It would therefore ask the Commission to consider raising 
the minimum strength of juniper-flavoured spirituous 
beverages to 32%. 
4.8 (e) Liqueurs 
The Committee considers that a minimum strength 
should be laid down for liqueurs. It proposes 15%. 
5. Article 4 
5.1 (a) Aromatized wine 
Delete the words 'often coloured'. The Committee 
questions the validity of flavouring based on milk or 
cream. 
5.2 (e) Soda-aromatized wine 
The Committee calls for a minimum strength in the region 
of 10 to 12%. This beverage might be described more 
accurately as 'carbonated aromatized wine'. 
6. Article 5 
6.1. The Committee questions the benefits of 
authorizing the use of sparkling or aerated wines, 
imported or not, in the production of aromatized 
wines. 
7. Article 7 
7.1. Paragraph 1 
The Committee urges that this general Article provide for 
the addition of aerated mineral water or soda water. If so, 
minimum strength provisions will be required to ensure 
consumer protection. 
7.2. Paragraph 3 
The Committee urges that the words 'substances identical 
with natural aromatic substances' be deleted. 
8. Article 8 
8.1. Paragraph 1 
The Committee considers that the list of restricted names 
should be extended to cover the beverages referred to in 
Annex II. 
8.2. Paragraph 2 
In the case of certain products requiring a generic 
definition, the Committee considers that it should be 
possible for their name to incorporate the name of a 
Member State, especially when that country is the main 
traditional producer of the beverage in question. 
9. 5. 83 Official Journal of the European Communities No C 124/21 
Allowance should be made for the effect which indicating 
a product's origin may have on the consumer's evalution 
of it. 
The Committee notes, however, that the Directive on the 
labelling of foodstuffs allows the Member States to 
mention the country of origin on the label, subject to a 
decision by the national courts. 
9. Article 9 
9.1. Paragraph 2 
The Committee is not in favour of retaining (b). 
It considers that the use of certain composite names 
including the word 'brandy' should be dealt with in this 
Regulation. 
10. Article 10 
10.1. The Committee endorses the Article. It would 
add, however, that for equality and that insofar as 
Directive 79/112/EEC still does not apply to beverages 
with a strength of more than 1,2% alcohol by volume, 
the provisions in this sector must be extended to all 
alcoholic beverages. 
10.2. Paragraph 2 (b) 
The term 'rounded off is mistranslated in the German 
version. 
10.3. Paragraph 2 (c) 
The second indent should read as follows: 'ethyl alcohol 
produced by distillation, which has not been added'. 
10.4. The name and address of the bottler should be 
indicated so as to draw attention to the origin of the 
product. However it is essential to ensure that this does 
not adversely affect the competitiveness of small and 
medium-sized producers. 
11. Article 13 
The Committee approves the setting-up of a Committee 
consisting of representatives of the Member States. In 
view of the complexity of the problems raised by 
legislation on this category of beverages, requiring the 
opinion of several social and economic interest groups the 
Committee urges the setting-up of an Advisory 
Committee on Spirituous Beverages or, at the very least, 
adequate consultation of the Advisory Committee on Foodstuffs, in particular when use is made of the 
procedure laid down in Article 14. 
12. Article 16 
The Committee regards it as dangerous to exempt 
products intended for export from the proposed 
Regulation. It would prefer a special waiver procedure for 
those cases where the composition of certain beverages 
has to be changed to comply with national legislation. 
13. Article 17 
The date for the proposed Regulation's entry into force 
(1 July 1983) seems too close. The Section would like to 
see a reasonable implementing period stipulated, 
especially as the implementing provisions have yet to be 
submitted. 
14. Annex I 
14.1. The Committee proposes amending the title of 
this Annex to read: 'alcohol derived from a distillate of 
agricultural products'. 
14.2. Under the heading 'Volatile bases containing 
nitrogen' '10,1' should be replaced by '0,1'. 
15. Annex II 
15.1. From reading Annex II it would appear that the 
length of the lists varies considerably from one country to 
another, especially in the case of eaux-de-vie. The 
Committee has the impression that some countries have 
not given notice of several traditional regional or local 
products familiar to consumers. 
15.2. Notwithstanding the lack of international 
agreements on the protection of designations of origin or 
geographical ascriptions, the Committee considers that 
the list in Annex II could be supplemented on the basis of a 
notification by the Member States or third countries. 
15.3. The Committee notes the fact that several 
geographical ascriptions for specific regions could be 
adopted for grappas which have an indisputable 
reputation. 
15.4. The Committee has been informed that, for 
historical reasons, the name 'Irish whiskey' should be 
regarded as applying to the island of Ireland, whichever 
Member State the product is produced in. Annex II 
should take this into account. 
No C 124/22 Official Journal of the European Communities 9. 5. 83 
15.5. Further, the Committee considers it essential 
that products covered by Annex II of this Regulation 
exported from the EEC should be accompanied by an appropriate document or certificate of origin serving to 
minimize opportunities for fraud. 
Done at Brussels, 24 March 1983. 
The Chairman 
of the Economic and Social Committee 
Francis CEYRAC 
ANNEX 
to the opinion of the Economic and Social Committee 
A. Rejected amendments 
The following amendments, which were prompted by the Section opinion and tabled in accordance with 
the Rules of Procedure, were defeated during the discussion: 
— Point 2.2.9: 
'There is an upper distillation limit of 86% for brandy or weinbrand. The term "liqueur brandy" is 
being introduced for Greek products which do not conform to the proposed definition of brandy.' 
Voting: 
For: 10. Against: 45. Abstentions: 26. 
Point 7.2: 
Delete point 7.2, paragraph 3. 
Reason: 
The text of the opinion quotes a phrase in Article 7 (3). 
The traditional European liqueur producers have agreed with the Commission proposal under Title III, 
Article 7 (2) c, which takes account of all their production methods, and as restricted in Annex I. 
Voting: 
For: 13. Against: 68. Abstentions: 8. 
— Point 10.1: 
'The Section does not endorse the introduction of a list of ingredients, as consumer studies show that 
this is not needed for spirituous and other alcoholic beverages with an alcoholic content of over 1,2 %. 
Article 10 (2) (c) needs to be altered accordingly.' 
9. 5. 83 Official Journal of the European Communities No C 124/23 
Reasons: 
Directive 79/112/EEC must apply in principle to spirits too. A list of ingredients as proposed in 
Article 10 (2) is not needed, as many consumer studies prove. This would cause considerable expense, 
and there is a danger that trade secrets would be disclosed and that firms would not be able to substitute 
equivalent ingredients once these were included on the label. 
Voting: 
For: 7. Against: 55. Abstentions: 15. 
B. Amendments or changes made to the text during discussions 
— The following paragraph was deleted from the Section opinion as a result of an amendment approved 
during the debate 
Point 5.2.: 
'The Section advises following the national legislation of the primary producing country and making 
the addition of vinic ethyl alcohol obligatory in the production of aromatized wines; this would both 
accord with consumer expectations and encourage a greater use of wine alcohols which are in plentiful 
supply in the EEC 
Voting: 
For: 49. Against: 11. Abstentions: 23. 
Opinion on the proposal for a Council Directive amending Directive 79/112/EEC on the 
approximation of the laws of the Member States relating to the labelling, presentation and 
advertising of foodstuffs for sale to the ultimate consumer 
The text referred to the Committee has been published in Official Journal of the European 
Communities No C 281 of 26 October 1982, page 3. 
A. LEGAL BASIS FOR THE OPINION 
On 21 October 1982 the Council referred the abovementioned proposal to the Economic and 
Social Committee in accordance with Article 100 of the Treaty establishing the European 
Economic Community. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 
206th plenary session held in Brussels on 23 and 24 March 1983. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100 
thereof, Having regard to the request made by the Council of the 
European Communities on 21 October 1982 for an 
opinion on the proposal for a Council Directive amending 
Directive 79/112/EEC on the approximation of the laws 
of the Member States relating to the labelling,