Publication of an application for amendment pursuant to Article 17(6) 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 and repealing Council Regulation (EEC) No 1576/89 (1)

(2020/C 174/07)

This publication confers the right to oppose the application pursuant to Article 27 of Regulation (EU) 2019/787 of the European Parliament and of the Council (2).

APPLICATION FOR THE AMENDMENT OF THE TECHNICAL FILE OF A GEOGRAPHICAL INDICATION

‘SCOTCH WHISKY’

EU No: PGI-GB-1854-AM01 – 8.5.2018

Language of amendment: English

Intermediary

Member State: United Kingdom

Name of intermediary:

Department for the Environment, Food and Rural Affairs (DEFRA) Second Floor, Seacole Block 2 Marsham Street, London, SW1P 4DF UNITED KINGDOM

Email: spirit.drinkspolicy@defra.gov.uk

Tel. +44 2082256405

The Technical File for Scotch Whisky can be viewed at Defra’s website at www.gov.uk

Name of the geographical indication

Scotch Whisky

Specification headings affected by the amendment

Other

— Method of production

— EU or national/regional provisions

— Applicant address

— Supplement to the geographical indication

Amendment

Amendment to the product specification entailing an amendment to the main specifications.

Explanation of the amendment

Page 9 – Amendment of definition of Blended Scotch Whisky

The previous text was:

‘Blended Malt Scotch Whisky is a blend of two or more Single Malt Scotch Whiskies distilled at more than one distillery.’

The new text is:

‘“Blended Malt Scotch Whisky” means a blend of two or more Single Malt Scotch Whiskies distilled at more than one distillery, or a blend of single malt whisky distillates produced in accordance with the requirements of paragraph (1) (a) and (b) and to which paragraph (1) (c) to (i) will subsequently apply.’

For clarification, it should be noted in the above definition that the wording ‘and to which paragraph (1)(c) to (i) will subsequently apply’, infers that maturation has not yet taken place and thus refers to single malt distillates. The UK Scotch Whisky Regulations 2009 have been amended to the definition above.

The previous definition of ‘Blended Malt Scotch Whisky’ in the Technical File does not provide for a blend of single malt distillates before being filled into casks. This is a long standing practice known as ‘teaspooning’. Whilst most Blended Malt Scotch Whiskies are created by the blend of Single Malt Scotch Whiskies from different distilleries, it has also been industry practice to blend single malt distillates before maturation. The proposed amendment therefore accommodates the practice of blending single malt distillates and then maturing them to become Blended Malt Scotch Whisky.

Page 10 – Maturation

The previous text was:

‘The quality of the casks is important because the new spirit will gain character and colour from the wood in which it matures. Most casks will previously have been used to mature other alcoholic beverages: some, for example, will have contained Sherry, and some will have contained American Bourbon Whiskey.’

The new text is:

‘The quality of the casks is important because the new spirit will gain character and colour from the wood in which it matures. The spirit must be matured in new oak casks and/or in oak casks which have only been used to mature wine (still or fortified) and/or beer/ale and/or spirits with the exception of:

— wine, beer/ale or spirits produced from, or made with, stone fruits;

— beer/ale to which fruit, flavouring or sweetening has been added after fermentation;

— spirits to which fruit, flavouring or sweetening has been added after distillation

and where such previous maturation is part of the traditional processes for those wines, beer/ales or spirits.

Regardless of the type of cask used, the resulting product must have the traditional colour, taste and aroma characteristics of Scotch Whisky. These requirements also apply to any finishing as referred to below.’

The reputation which Scotch Whisky has acquired is based on the products which are traditionally sold under that name. Casks used for the maturation of Scotch Whisky must be made of oak and have a capacity not exceeding 700 litres. However, that does not mean that any cask meeting these requirements will be acceptable. The cask must be of a kind which gives the matured spirit the established characteristics of Scotch Whisky. Over the years a number of enquiries have been raised about which casks can be used to mature or finish Scotch Whisky. As a wide range of casks which previously held wine, beer/ale and spirits have been used over the years, there is a need for clarity about what is allowable and it has become important that the Technical File provides details about the range of oak casks which can be used to mature or finish Scotch Whisky.

The amendment takes account of traditional practice by including all those categories of casks where there is evidence of longstanding traditional use and allows only those which will result in a product which has the traditional colour, taste and aroma characteristics of Scotch Whisky.

Page 18 – Interpretation clauses

The previous text was:

‘National Provisions The Spirit Drinks Regulations 2008 …. The current version of these Regulations, and any amendments, can be found at www.legislation.gov.uk. The Scotch Whisky Regulations 2009 …. The current version of these Regulations, and any amendments, can be found at www.legislation.gov.uk.’

The new text is:

‘National Provisions The Spirit Drinks Regulations 2008 …. The current version of these Regulations, and any amendments, can be found at www.legislation.gov.uk. Where any expressions in the Spirit Drinks Regulations are also used in the Technical File, they have the same meaning. The Scotch Whisky Regulations 2009 …. The current version of these Regulations, and any amendments, can be found at www.legislation.gov.uk. Where any expressions in the Spirit Drinks Regulations are also used in the Technical File, they have the same meaning.’

The Spirit Drinks Regulations 2008 and the Scotch Whisky Regulations 2009 define certain words and expressions used in those Regulations. The Technical File uses the same language but does not contain an ‘interpretation’ section. The proposed amendments therefore make it clear that the Spirit Drinks Regulations 2008, the Scotch Whisky Regulations 2009 and the Technical File are to be interpreted consistently with each other.

Page 18 – Removal of 2 litre bottling constraint for Single Malt Scotch Whisky

The previous text was:

‘Movement from Scotland to another country

…

2. Single Malt Scotch Whisky may not be moved from Scotland to another country except in a bottle made of any inert material holding 2 litres or less and labelled for retail sale. Single Malt Scotch Whisky may not be bottled, or rebottled, outside Scotland.’

The new text is:

‘Movement from Scotland to another country

…

2. Single Malt Scotch Whisky may not be moved from Scotland to another country except in a bottle made of any inert material that is labelled for retail sale. Single Malt Scotch Whisky may not be bottled, or rebottled, outside Scotland.’

The requirement to bottle Single Malt Scotch Whisky in bottles holding 2 litres or less was originally introduced to discourage overseas bottlers from importing Single Malt in very large bottles and then re-bottling the spirit. The industry has concluded it is sufficient to rely on the prohibition against re-bottling and therefore remove the 2 litre bottling constraint.

Page 19 – Amendments arising from verification issues

The previous text was:

‘Movement from Scotland to another country

…

3. Single Grain Scotch Whisky, Blended Malt Scotch Whisky, Blended Grain Scotch Whisky or Blended Scotch Whisky may not be moved from Scotland other than – (a) in a bottle (made of any inert material) that is labelled for retail sale, or (b) to an importer, bottler or blender who has given such undertakings to HMRC as are prescribed by HMRC in a verification scheme, as revised or replaced from time to time.’

The new text is:

‘Movement from Scotland to another country

…

3. Single Grain Scotch Whisky, Blended Malt Scotch Whisky, Blended Grain Scotch Whisky or Blended Scotch Whisky may not be moved from Scotland other than – (a) in a bottle (made of any inert material) that is labelled for retail sale, or (b) to an importer, bottler, labeller or blender who has given such undertakings to HMRC as are prescribed by HMRC in a verification scheme, as revised or replaced from time to time, or (c) to a manufacturer of foodstuffs which are not alcoholic beverages.’

There are two amendments.

The first relates to labellers outside Scotland and the second relates to manufacturers of foodstuffs.

There is no provision for verifying organisations outside Scotland that label Scotch Whisky only. Instead the labeller has been advised to apply for verification as a bottler and labeller even although there was no intention of carrying out any bottling. The amendment allows a company carrying out labelling only to be verified as such.

An unintended consequence of the Technical File is that where Scotch Whisky is supplied to a manufacturer outside Scotland for the manufacture of foodstuffs which are not alcoholic beverages (for example marmalade which contains Scotch Whisky). Such supplies must be in bottles labelled for retail sale. The amendment allows the supply of Scotch Whisky to such manufacturers in bulk containers.

Page 20 – Effect of previous legislation

The new text which has been added is:

‘Effect of Previous Legislation

Combinations of Scotch Whisky distillates and/or partly matured distillates and/or immature Scotch Whisky and/or Scotch Whisky from different distilleries blended or mixed prior to the coming into force of this Technical File which do not fall into any of the five permitted categories of Scotch Whisky because of the stage of the manufacture at which the blending or mixing took place, may continue to be matured and sold as Scotch Whisky provided that:

1. they are described as — Blended Malt Scotch Whisky (in the case of a combination which was distilled at each distillery in accordance with the definition of Single Malt Scotch Whisky) — Blended Grain Scotch Whisky (in the case of a combination which was distilled at each distillery in accordance with the definition of Single Grain Scotch Whisky) — Blended Scotch Whisky (in the case of a combination, part of which was distilled at one distillery in accordance with the definition of Single Malt Scotch Whisky and part of which was distilled at another distillery in accordance with the definition of Single Grain Scotch Whisky) and

2. they are sold under these descriptions or used as a constituent of a Blended Scotch Whisky.’

Whilst the amendment of the definition of Blended Malt Scotch Whisky on page 9 addresses that issue going forward, quantities of spirit which have been blended prior to completing the minimum period of maturation are now maturing in existing inventories. The amendment allows such stock to be marketed under one of the defined category names or to be used as a constituent in a Blended Scotch Whisky.

Page 21 – Applicant

The address details of the applicant have changed. Whilst the Nobel House address is still used by the Department of Environment, Food and Rural Affairs, the Marsham Street address as shown on the revised technical file is the main location for the team that works on spirit drinks and geographical indications, and this should be considered as the applicant address for the purposes of the Scotch Whisky technical file.

Page 24 – Age Statements – clarification of UK drafting convention

The previous text was:

‘Maturation, age and distillation statements

…

2. A person must not label, package, sell, advertise or promote any Scotch Whisky in a way that includes a reference to when it was distilled unless: … (c) the presentation of the whisky also includes a reference to – (i) the year of bottling of the whisky: (ii) the maturation period of the whisky; or (iii) the age of the whisky; and..’

The new text is:

‘Maturation, age and distillation statements

…

2. A person must not label, package, sell, advertise or promote any Scotch Whisky in a way that includes a reference to when it was distilled unless: … (c) the presentation of the whisky also includes a reference to – (i) the year of bottling of the whisky: or (ii) the maturation period of the whisky; or (iii) the age of the whisky; and..’

The amendment is intended to indicate more clearly that the indicated options are alternatives.

MAIN SPECIFICATIONS OF THE TECHNICAL FILE

‘SCOTCH WHISKY’

EU No: PGI-GB-1854-AM01 – 8.5.2018

1. Name

‘Scotch Whisky’

2. Category of spirit drink

Whisky/Whiskey (category No 2 of Regulation (EC) No 110/2008)

3. Description of the spirit drink

Physical, chemical and/or organoleptic characteristics

Appearance

Scotch Whisky is a transparent liquid ranging in colour from pale yellow to deep amber. The product may exhibit a haze on storage at low temperatures, such as below 0 °C, but such a haze may also be apparent in some Scotch Whiskies after mixing with water and/or ice.

Aroma and flavour

The aroma and flavour derive from the distillation of a fermented substrate, made from malted barley with or without other cereals, followed by maturation in oak casks. The characteristics of single whiskies are dependant, inter alia, on the specific distillery processes used and the subsequent maturation. Grain Scotch Whiskies are typically lighter in aroma and flavour than Malt Scotch Whiskies. Blended Scotch Whiskies derive their characteristics from the interaction of their single whisky components, which have been chosen to complement each other.

There is a wide range of aromas and flavours in individual Scotch Whiskies, for example, from the light, grainy slightly pungent characteristics of relatively young Grain Scotch Whisky to the rich, fruity and smooth characteristics of a well-matured Malt Scotch Whisky. Some Malt Scotch Whiskies, which have been made using malted barley that was dried over a peat fire, may exhibit distinctive ‘peaty’ aromas.

Specific characteristics of Scotch Whisky compared to other whiskies

The common element of all whiskies is the distillation from cereals in such a way as to retain the aroma and flavour derived from the raw materials with the development of further complexity during years of maturation in wooden casks. However, whiskies produced in different countries have different characteristics.

There are thousands of different brands of Scotch Whisky each with its own character. Many of these are a result of blending Single Malt and Grain Scotch Whiskies. All of these brands share the distinctive qualities of Scotch Whisky, which set them apart from whiskies distilled in other countries. The three factors which distinguish Scotch Whisky from other whisky are:

(a) the differences in the production process, including differences reflected in the legal definitions;

(b) the geography, geology and climate of Scotland; and

(c) the skills and knowhow of the distiller and the blender.

There are a number of differences between the production method required by the definition in The Scotch Whisky Regulations 2009 and other stipulated production methods for whisky set out in the laws of other countries, including Regulation (EC) No 110/2008. In particular:

(i) The Scotch Whisky definition prohibits the use of added enzymes and requires the use of malted barley. The reliance on malted barley enzymes in the production of Scotch Whisky means that the initial fermentation substrate can be quite different to that of whisky produced with the use of added enzymes. The composition of the substrate, particularly in relation to the sugars, has an effect on the type of yeast which can be used and thus the congeners which are produced. While Scotch Whisky is distilled from malted barley and other cereals, mainly wheat or maize, other whiskies may use different cereals or different proportions of cereals. For example, rye has traditionally been used in Canadian whiskies and in some American whiskies.

(ii) The Scotch Whisky definition requires the mandatory use of oak casks, whereas, for example, Regulation (EC) No 110/2008 requires only the use of wooden casks.

(iii) All processes for Scotch Whisky from mashing of the cereals, conversion into a fermentable substrate, fermentation and distillation must take place at the same distillery, and all maturation of Scotch Whisky must take place in Scotland.

(iv) There are traditional distinctions between the way Scotch Whisky is produced compared to other whiskies. Different types and shapes of stills are used, which affect the organoleptic characteristics of the spirit.

These requirements, when combined with the particular geology and climate of Scotland, create differences between Scotch Whisky and other whiskies.

4. Geographical area concerned

Scotch Whisky is whisky distilled and matured in Scotland. Scotland is located in the northern region of the United Kingdom, which is off the North Western coastline of continental Europe. Scotland is bordered by England in the South, the Sea of the Hebrides, the Atlantic Ocean and the North Sea.

5. Method for obtaining the spirit drink

The basic production method is set out in the definition of Scotch Whisky in Regulation 3(1) of the Scotch Whisky Regulations 2009 as follows:

Definition of ‘Scotch Whisky’

‘Scotch Whisky’ means a whisky produced in Scotland

(a) that has been distilled at a distillery in Scotland from water and malted barley (to which only whole grains of other cereals may be added) all of which have been; (i) processed at that distillery into a mash; (ii) converted at that distillery into a fermentable substrate only by endogenous enzyme systems; and (iii) fermented at that distillery only by the addition of yeast;

(b) that has been distilled at an alcoholic strength by volume of less than 94.8 per cent so that the distillate has an aroma and taste derived from the raw materials used in, and the method of, its production;

(c) that has been matured only in oak casks of a capacity not exceeding 700 litres;

(d) that has been matured only in Scotland;

(e) that has been matured for a period of not less than three years;

(f) that has been matured only in an excise warehouse or a permitted place;

(g) that retains the colour, aroma and taste derived from the raw materials used in, and the method of, its production and maturation;

(h) to which no substance has been added, or to which no substance has been added except; (i) water; (ii) plain caramel colouring; or (iii) water and plain caramel colouring

(i) that has a minimum alcoholic strength by volume of 40 %.

Definitions of the five permitted categories of Scotch Whisky

‘Single Malt Scotch Whisky’ is a Scotch Whisky that has been distilled in one or more batches

(a) at a single distillery,

(b) from water and malted barley without the addition of any other cereals; and

(c) in pot stills.

‘Single Grain Scotch Whisky’ is a Scotch Whisky that has been distilled at a single distillery and is not a Single Malt Scotch Whisky or a Blended Scotch Whisky.

‘Blended Malt Scotch Whisky’ means a blend of two or more Single Malt Scotch Whiskies distilled at more than one distillery, or a blend of single malt distillates produced in accordance with the requirements of paragraph 1(a) and (b) and to which paragraph 1(c) to (i) will subsequently apply.

‘Blended Grain Scotch Whisky’ is a blend of two or more Single Grain Scotch Whiskies distilled at more than one distillery.

‘Blended Scotch Whisky’ is a blend of one or more Single Malt Scotch Whiskies with one or more Single Grain Scotch Whiskies.

Malt Scotch Whisky

Malt Scotch Whisky is made from three natural raw materials, namely malted barley, water and yeast. The first stage of production is the malting of the barley. Historically and traditionally, the barley was steeped in tanks of water for two to three days before being spread out over the floors of the malting house to germinate. To stop germination, the malted barley was dried in a kiln, identifiable by the distinctive pagoda-shaped chimneys, which are typical of many Malt Scotch Whisky distilleries. This process is still used in some distilleries, although others now obtain malted barley from dedicated malting companies which are able to produce traditional malted barley on a larger scale.

The malted barley is then ground to a rough-hewn grist and mixed with hot water in a vessel known as a ‘mash tun’. This process converts the starch in the barley into a sugary liquid known as ‘wort’. The wort is separated from the mash and transferred to a fermenting vat, or ‘washback’, where yeast is added and the fermentation process converts the sugary wort into alcohol, similar in aroma and taste to unhopped beer. This is known as the ‘wash’.

The wash is then distilled in distinctive copper pot stills, where distillation separates the alcohol and other congeners from the wash. Malt Scotch Whisky is usually distilled twice, the first distillation taking place in a larger ‘wash still’, and the second in a slightly smaller ‘low-wines’ or spirit still.

Grain Scotch Whisky

Grain Scotch Whisky also has to be made with malted barley, but the mash may, and usually does, also include other cereals. The most commonly used other cereals are wheat and maize. Unmalted cereals are mixed with hot water and heated to liquefy the cereal starch to make it easier to be broken down to fermentable sugars. The enzymes of the malted barley convert the starch to more fermentable sugars. The wort is cooled to about 15 °-23 °C and yeast added to perform the fermentation stage, which takes between two to three days. The fermented wort, known as ‘wash’, is then distilled to extract the alcohol and other volatiles from the wash. Distillation is usually in continuous column stills and must be at less than 94,8 % alc vol. The traditional design of column stills is the Coffey or patent still.

Grain Scotch Whisky can also be made by the continuous distillation of wort made with malted barley alone, or by distilling in a pot still a wash of a mash of malted barley and other cereals.

Maturation

Before being filled into a variety of casks for maturation, the malt or grain ‘new make spirit’ is normally diluted with water to a strength somewhere between 60 % and 70 % ABV.

‘The quality of the casks is important because the new spirit will gain character and colour from the wood in which it matures. The spirit must be matured in new oak casks and/or in oak casks which have only been used to mature wine (still or fortified) and/or beer/ale and/or spirits with the exception of:

— wine, beer/ale or spirits produced from, or made with, stone fruits;

— beer/ale to which fruit, flavouring or sweetening has been added after fermentation;

— spirits to which fruit, flavouring or sweetening has been added after distillation

and where such previous maturation is part of the traditional processes for those wines, beer/ales or spirits.

Regardless of the type of cask used, the resulting product must have the traditional colour, taste and aroma characteristics of Scotch Whisky. These requirements also apply to any finishing as referred to below.’

Casks must be empty of their previous contents prior to being filled with Scotch Whisky or with spirit destined to become Scotch Whisky. The type of cask used for maturation will have been determined by the Chief Blender who is seeking a particular character for the final whisky.

Only after the minimum three years’ maturation does the new spirit became Scotch Whisky. In practice, many Scotch Whiskies are matured for much longer – from five to twelve, or eighteen years and sometimes longer. During this process the air penetrates through the porous oak of the casks and contributes to the character of the whisky.

Blending

The greatest proportion of Scotch Whisky is consumed as Blended Scotch Whisky. The highly skilled task of creating a marriage of individual Single Malt and Single Grain Scotch Whiskies to make a Blended Scotch Whisky is the responsibility of the Chief Blender of each company.

6. Link with the geographical environment or origin

6.1. Details of the geographical area or origin relevant to the link

Natural factors in the geographical area

(a) The geology and geography of Scotland – Scotland comprises the northern one-third of the island of Great Britain and includes over 790 islands and archipelagos. It is divided into Highland and Lowland areas by the Highland Boundary Fault. Scotland has a varied but unique geology. Pure water, which is one of the principal natural raw materials in the manufacture of Scotch Whisky, varies according to the local rocks and countryside through which it flows on its way to each distillery.

(b) Climate of Scotland – The climate of Scotland also has a significant effect on the character of Scotch Whisky. The prevailing wind is from the south west bringing warm moist air from the Atlantic. Although quite far north, Scotland has a cool, mild climate. The Highlands and Western Islands are one of the wettest areas in Europe with annual rainfall of up to 4 577 mm. The East is drier and suitable for the growth of barley and wheat. The cool, humid climate provides plentiful supplies of good quality water. During maturation the spirit permeates the oak cask, and alcohol and water can evaporate. In warmer, dryer climates more water evaporates than alcohol leading to an increase in alcoholic strength in the cask. This affects the various interactions which are occurring. In the cool, moist climate of Scotland, there is less of an overall rate of evaporation loss but proportionately more alcohol evaporates resulting in a reduction of the alcoholic strength.

(c) Water – The wet climate of Scotland ensures that the country has an abundance of clean, fresh water. Scotch Whisky distilleries have always been built where there is a good reliable source of water of a particular quality, and distilleries frequently own the source of their water to ensure a continuous supply and that it remains pure and uncontaminated. Water is one of the three natural raw materials of Scotch Whisky.

(d) Peat – Used historically as a fuel both for firing stills and for drying barley during the malting process, peat is in plentiful supply in Scotland. Peat still plays an important role in the production of Scotch Whisky and its flavour.

Human and process factors in the geographical area

Skills and processes developed in Scotland and handed down over the centuries also have a significant effect on the quality and character of Scotch Whisky including the skills of the cooper, distiller and blender and the raw materials and the types of stills used. Each malt whisky distillery has unique copper stills which lead to differences in the whisky. The distiller is responsible for ensuring only the best quality spirit is filled into cask. Skilled blenders are the developers of brand recipes and custodians of quality and consistency.

How the reputation is linked to the geographical area

Scotch Whisky has been produced in Scotland for more than 500 years and has been exported from Scotland for around 200 years. The term ‘whisky’ derives originally from the words in the Gaelic language ‘Uisge Beatha’ or ‘Usquebaugh’. Gaelic is the traditional language spoken in the Highlands of Scotland and Ireland. The Gaelic description first evolved into ‘Uiskie’ and then ‘Whisky’.

6.2. Specific characteristics of the spirit drink attributable to the geographical area

Numerous geographical factors influence the composition of the distillate, including the local water types, the use of endogenous enzymes, the levels of congeners produced during fermentation, the still design, rate of distillation, copper contact and the fractions of spirit collected. These are all determined by practices which have evolved in the geographical area over time.

The cool and damp Scottish climate provides ideal conditions during maturation to produce a very different spirit than would be produced by maturation in different climatic conditions. Peat, a natural fuel consisting of turf cut from the moors of Scotland, is used to varying degrees to fire kilns in the malted barley drying process, along with more modern fuels. Smoke from the peat fire imparts a distinctive aroma, known as ‘peat reek’. These peaty aromas pass through the process into the distilled product and contribute to the character of the final spirit.

Blenders strive to maintain the consistency of their Scotch Whisky brands. The blender of each company will train a successor and in this way the skill is handed down from one generation to another, ensuring the typical Scotch Whisky taste is replicated generation after generation. Whereas the distilling of Scotch Whisky is a science which has been developed over the years, the blending of Scotch Whisky is an art.

Summary

Therefore, throughout the Scotch Whisky process, there are numerous factors which influence the final character of Scotch Whisky. Each company has its own skills and expertise which supplement the natural factors, such as climate and water. It is the combination of human and natural factors which contribute to the reputation, character and quality of Scotch Whisky

7. European Union or national/regional provisions

National provisions

The Spirit Drinks Regulations 2008

These Regulations are a law of the United Kingdom and, inter alia, make provision for enforcement of Regulation (EC) No 110/2008 and designate the Commissioners for Her Majesty’s Revenue and Customs (HMRC) as the verification authority for the purpose of Article 22 of Regulation (EC) No 110/2008.

The Scotch Whisky Regulations 2009

These Regulations are a law of the United Kingdom and impose additional national requirements in relation to Scotch Whisky in addition to the requirements that apply to Scotch Whisky by virtue of Regulation (EC) No 110/2008.

Controls on production

Verification of compliance with the provisions of this technical file will be carried out by HMRC, as provided for in Regulation 5(1) of the Spirit Drinks Regulations 2008. Detailed records are kept of every stage in the production process, from delivery of the cereals, to the filling of spirit into each oak cask, and tracing the history of each cask during the maturation process until it is bottled for sale to the public or exported. Processes, casks and records may be inspected or audited for both verification and enforcement purposes. On request, HMRC may issue certificates of verification for Scotch Whisky.

Movement from Scotland to another country

Single Malt Scotch Whisky may not be moved from Scotland except in a bottle made of any inert material that is labelled for retail sale. Single Malt Scotch Whisky may not be bottled, or re-bottled, outside Scotland.

The requirement to bottle Single Malt Scotch Whisky in Scotland protects the very high reputation enjoyed by that category. While a large number of blends of Scotch Whiskies can be created by unique combinations of Single Malt and Grain Whiskies there is a finite number of Single Malt Scotch Whiskies. The particular character and reputation of the Single Malt Scotch Whisky produced at each of the 126 malt distilleries is linked to its location. Over 2 million tourists visit Single Malt Scotch Whisky distilleries each year to learn more about the character of these whiskies in the place in which they are distilled. The most effective way of protecting the authenticity, quality and reputation of Single Malt Scotch Whisky is the requirement to bottle it in Scotland.

For many years prior to the introduction of The Scotch Whisky Regulations 2009 there had been significant exports of Blended Scotch Whisky and Blended Malt Scotch Whisky in bulk. A considerable trade had therefore been built up in local bottling of these categories of Scotch Whisky in a number of countries abroad. On the other hand, prior to the introduction of the requirement that all Single Malt Scotch Whisky be bottled in Scotland, only a very small quantity of Single Malt Scotch Whisky had been exported in bulk. Consequently, the bottling of Single Malt Scotch Whisky in Scotland is proportionate to the aims of the provision.

All other categories of Scotch Whisky must not be moved from Scotland in a wooden cask or other wooden holder.

Single Grain Scotch Whisky, Blended Malt Scotch Whisky, Blended Grain Scotch Whisky or Blended Scotch Whisky can only be moved from Scotland in (a) a bottle (made of any inert material) that is labelled for retail sale or (b) to an importer, bottler, labeller or blender who has given such undertakings to HMRC as are prescribed by HMRC in a verification scheme, as revised or replaced from time to time or (c) to a manufacturer of foodstuffs which are not alcoholic beverages.

8. Applicant

Department for the Environment, Food and Rural Affairs (DEFRA) Second Floor, Seacole Block 2 Marsham Street, London, SW1P 4DF UNITED KINGDOM www.defra.gov.uk Tel. +44 2082256405

9. Supplement to the geographical indication

—

10. Specific labelling rules

Compulsory sales descriptions

The category into which a Scotch Whisky falls must be stated on the front of a container of Scotch Whisky and any individual packaging used for the transportation of the container, or used for display purposes during the marketing of the whisky.

The name of the category (a) must be printed in a conspicuous place in such a way as to be easily visible and legible and indelible so that it is clear that it is the sales description of the whisky (b) printed in a way that gives equal prominence to each word making up the name of the category and (c) as prominent as any other description of the whisky on the container or packaging, except for:

(i) any separate use of the description ‘Scotch Whisky’;

(ii) any statement relating to the year in which the whisky was distilled, the year in which it was bottled, the period for which it was matured or the age of the whisky; and

(iii) any descriptive word or words forming part of the brand name.

The name of the category must not be (a) overlaid or interrupted by other written or pictorial matter or (b) used in conjunction with any other words but that does not prevent the name of a Scottish locality or region from being appended to the name of the category of the whisky to indicate where the Scotch Whisky was distilled if it appears immediately before the name of the category and the whisky was distilled in the named locality or region.

Other labelling rules

These apply to the names of distilleries and distillers, locality and regional geographical indications, use of the words ‘pure’ and ‘malt’ and derivations and maturation, age and distillation statements. Further details are provided in the Technical File. In addition the labelling, packaging, presentation and advertising of Scotch Whiskies may feature additional supplementary words or terms as permitted by the Technical File.

(1) OJ L 39, 13.2.2008, p. 16.

(2) OJ L 130, 17.5.2019, p. 1.