Proposal for a Regulation of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks
Date: 2005-12-15
Institutions: European Commission
Subjects: alcoholic beverage, approximation of laws, consumer protection, distillation, labelling, preparation for market

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.12.2005 
COM(2005) 125 final 

2005/0028 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the definition, description, presentation and labelling of spirit drinks 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The main aspects which guided the draft of this regulation are the following: 

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– 

– 

– 

– 

– 

– 

enhance applicability, readability and clearness of the regulation based on the present 
legislation on spirit drinks; 

combine the two spirit drinks regulations into one regulation; 

introduce  a  well  defined  policy  for  spirit  drinks  based  on  three  product  categories 
rooted in the present definitions of products; 

introduce flexibility by shifting the competence to amend Annexes from the present 
co-decision  procedure  of  European  Parliament  and  Council  to  the  Commission 
supported by the Management Committee on Spirit Drinks; 

adaptation of the regulations to new technical requirements; 

adaptation of the regulations to WTO requirements, including TRIPs; 

definition of criteria guiding recognition of new geographical indications. 

STRUCTURE OF THE REGULATION 

The regulation on spirit drinks consists of four chapters and three annexes: 

Chapter I:  Definition  of  spirit  drinks  lays  down  the  principle  definition  and 
classification of spirit drinks. 

Three categories of spirit drinks are established: 

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– 

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"Spirits":  An  exclusive  group  of  spirit  drinks  which  include  only  the  purest 
form  of  product  not  containing  ethyl  alcohol  of  agricultural  origin  and  solely 
admitting natural flavouring, e.g. rum, whisky, brandy, ... 

"Specific  spirit  drinks":  A  distinct  group  of  spirit  drinks  which  may  contain 
ethyl  alcohol  of  agricultural  origin  and  nature-identical  flavouring,  although 
only in a well defined and limited form, e.g. gin, vodka, liqueur, … 

"Other  spirit  drinks":  An  open  group  of  products  which  may  contain  ethyl 
alcohol of agricultural origin as well as flavouring, sweeteners and others. 

Chapter II deals with particularities of description, presentation and labelling of spirit 
drinks. 

The  regulation  establishes  a  coherent  system  based  on  traditional  habits  and  the 
categories established. It aims at clear information to the consumer on the nature of 
the  product  and  obliges  the  producer  to  provide  all  information  necessary  to  avoid 
misleading the consumer. 

Chapter III lays down the rules on geographical indications based on the international 
obligations of the European Community. 

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The  geographical  indications  presently  listed  in  Annex II  to  Regulation  (EEC) 
No 1576/89  are  taken  over  in  the  present  regulation,  including  geographical 
indications  which  are  presently  regulated  in  the  body  of  Regulation  (EEC) 
No 1576/89 as Grappa, Korn, Pacharan, Ouzo, … However, in order to take account 
of  the  recent  case  law  of  the  Court  of  Justice,  the  regulation  foresees  that  technical 
files  for  these  indications  shall  be  published  within  seven  years  from  the  entry  into 
force of the regulation. 

The criteria laid down in the TRIPs Agreement are mirrored in the new regulation and 
will  serve  as  a  basis  for  the  introduction  of  new  geographical  indications  into 
Annex III of the regulation. 

Chapter III also refers to Annex III where the recognised geographical indications are 
listed individually. 

Chapter IV closes with general, transitional and final measures. 

Annex I includes the technical definitions for the production of spirit drinks. 

Annex II  includes  the  individual  spirit  drinks  which  classify  within  the  categories 
established by the regulation. It lists the characteristics of the products in a systematic 
and consistent form. 

Annex III lists the geographical indications as described above. 

The proposal has no financial implications for the Community budget. 

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2005/0028 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the definition, description, presentation and labelling of spirit drinks 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 95 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Economic and Social Committee, 

Having regard to the opinion of the Committee of the Regions, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty, 

Whereas: 

(1) 

(2) 

Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on 
the  definition,  description  and  presentation  of  spirit  drinks1  and  Commission 
Regulation  (EEC)  No 1014/90  of  24 April 1990  laying  down  detailed  implementing 
rules  on  the  definition,  description  and  presentation  of  spirit  drinks2  have  proved 
successful  in  regulating  the  spirit  drinks  sector.  However,  in  the  light  of  recent 
experience it is necessary to clarify the rules applicable to the definition, description, 
presentation  and  protection  of  certain  spirit  drinks.  Regulation  (EEC)  No 1576/89 
should therefore be repealed and replaced by a new Regulation. 

The  spirit  drinks  sector  is  important  both  for  consumers  and  producers  in  the 
Community. The measures applicable to that sector should contribute to the attainment 
of  a  high  level  of  consumer  protection,  the  prevention  of  deceptive  practices,  market 
transparency  and  fair  competition.  By  doing  so,  the  measures  will  safeguard  the 
reputation which Community spirit drinks have achieved in the Community 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  and 
information.  Technological  innovation  should  also  be  taken  into  account  where  such 
innovation serves to improve quality. 

1 
2 

OJ L 160, 12.6.1989, p. 1. Regulation last amended by the Act of Accession of 2003. 
OJ  L  105,  25.4.1990,  p. 9.  Regulation  last  amended  by  Regulation  (EC)  No 2140/98  (OJ L 270, 
7.10.1998, p. 9). 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

To obtain an increased systematic approach to the legislation governing spirit drinks, 
such drinks should be classified in three categories according to well-defined criteria of 
production and labelling. 

In  general,  the  rules  laid  down  in  this  Regulation  should  continue  to  focus  on 
definitions of spirit drinks. Those definitions should continue to respect the traditional 
quality  practices  but  should  be  updated  where  previous  definitions  were  lacking  or 
insufficient  or  where  such  definitions  may  be  improved  in  the  light  of  technological 
development. 

In particular, the ethyl alcohol used for the production of spirit drinks should be solely 
of agricultural origin, so as to meet consumer expectations and conform to traditional 
practices. This will also ensure an outlet for basic agricultural products. 

Given the importance and complexity of the spirit drinks sector, it is appropriate to lay 
down  specific  measures  on  the  description  and  presentation  of  spirit  drinks  going 
beyond  the  horizontal  rules  established  in  Directive 2000/13/EC  of  the  European 
Parliament and of the Council of 20 March 2000 on the approximation of the laws of 
the Member States relating to the labelling, presentation and advertising of foodstuffs3. 
Those specific measures should also prevent the misuse of the terms "spirit drink" and 
the names of the spirit drinks for products which do not meet those definitions. 

In  order  to  allow  a  high  level  of  quality  of  spirit  drinks  and  diversity  in  the  sector, 
Member  States  should  be  able  to  adopt  rules  stricter  than  or  additional  to  those  laid 
down  in  this  Regulation  on  the  production,  description,  presentation  and  particular 
labelling of spirit drinks produced in their territory. 

In the interests of consumers, this Regulation should apply to all spirit drinks sold on 
the  Community  market,  whether  produced  in  the  Community  or  in  third  countries. 
With a view to the export of high quality spirit drinks in order to maintain and improve 
the reputation of Community spirit drinks on the world market, this Regulation should 
also apply to such drinks produced in the Community for export. 

Council Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of the 
Member States relating to flavourings for use in foodstuffs and to source materials for 
their production4 applies to spirit drinks. It is only necessary therefore to lay down in 
this Regulation rules not already provided for in that Directive. 

(10) 

It is important to have due regard to the provisions of the Agreement on Trade-related 
Aspects  of  Intellectual  Property  Rights  (hereinafter  "TRIPs  Agreement"),  and  in 
particular  Articles 22  and 23  thereof,  and  of  the  General  Agreement  on  Tariffs  and 
Trade,  which  forms  an  integral  part  of  the  Agreement  establishing  the  World  Trade 
Organisation approved by Council Decision 94/800/EC5. 

(11)  Given that Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of 
geographical  indications  and  designations  of  origin  for  agricultural  products  and 

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5 

OJ L 109, 6.5.2000, p. 29. Directive last amended by the Act of Accession of 2003. 
OJ L 184, 17.7.1999, p. 23. Directive last amended by Regulation (EC) No 1882/2003 of the European 
Parliament and of the Council (JO L 284, 31.10.2003, p. 1). 
OJ L 336, 23.12.1994, p. 1. 

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foodstuffs6  does  not  apply  to  spirit  drinks,  the  rules  for  protection  of  geographical 
indications  on  spirit  drinks  should  be  laid  down  in  this  Regulation.  Geographical 
indications should be listed, 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  is  essentially  attributable  to  its  geographical 
origin. 

(12)  The measures necessary for the implementation of this Regulation should be adopted in 
accordance  with  Council  Decision 1999/468/EC  of  28 June 1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission7. 

(13)  The transition from the rules provided for in Regulation (EEC) No 1576/89 to those in 
this  Regulation  could  give  rise  to  difficulties  which  are  not  dealt  with  in  this 
Regulation.  Provision  should  therefore  be  made  for  the  Commission  to  adopt  the 
necessary transitional measures. Furthermore, the Commission should be authorised to 
solve practical problems specific to the spirit drinks sector. 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I 
DEFINITION AND CLASSIFICATION OF SPIRIT DRINKS 

Article 1 
Definition of spirit drinks 

For the purpose of this Regulation, "spirit drinks" means an alcoholic liquid: 

(a) 

(b) 

(c) 

(d) 

intended for human consumption, 

possessing particular organoleptic qualities,  

having a minimum alcoholic strength of 15 % vol. and a maximum of 80% vol., 

having been produced: 

(i) 

either directly: 

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– 

– 

by  the  distillation,  with  or  without  added  flavourings,  of  natural 
fermented products, and/or  

by the maceration of vegetable substances, and/or  

by the addition of flavourings, sugars or other sweetening products listed 
in point 1 of Annex I and/or other agricultural products to ethyl alcohol of 
agricultural  origin  and/or  to  distillates  of  agricultural  origin  and/or  to 
spirit drinks within the meaning of this Regulation, 

(ii)  or by the mixture of a spirit drink with: 

6 

7 

OJ  L  208,  24.7.1992,  p. 1.  Regulation  last  amended  by  Commission  Regulation  (EC)  No 1215/2004 
(OJ L 232, 1.7.2004, p. 21). 
OJ L 184, 17.7.1999, p. 23. 

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– 

– 

– 

– 

other spirit drinks, and/or 

ethyl alcohol of agricultural origin or distillates (of agricultural origin), 

alcoholic drinks, 

drinks. 

However,  drinks  falling  within  CN codes 2203,  2204,  2205,  2206  and 2207  shall  not  be 
considered spirit drinks. 

Article 2 
Origin of ethyl alcohol 

The ethyl alcohol used in the preparation of spirit drinks and all of their components shall not 
be of any origin other than agricultural. 

The  ethyl  alcohol  used  to  dilute  or  dissolve  colorants,  flavourings  or  any  other  authorised 
additives used in the preparation of spirit drinks shall be ethyl alcohol of agricultural origin. 

Subject to limitations laid down for specific products in Annex II to this Regulation, the ethyl 
alcohol shall have been obtained from agricultural products listed in Annex I to the Treaty. 

Article 3 
Categories of spirit drinks 

Spirit drinks shall be classified as follows: 

(a) 

(b) 

(c) 

"spirits": the products listed in category A of Annex II; 

"specific spirit drinks": the products listed in category B of Annex II; 

"other spirit drinks": the products listed in category C of Annex II. 

Article 4  
General rules concerning the categories of spirit drinks 

1. 

Without  prejudice  to  the  specific  rules  laid  down  for  each  of  the  products  listed  in 
category A of Annex II, "spirits" shall: 

(a) 

be manufactured by alcoholic fermentation and distillation exclusively obtained 
from the raw material according to the definitions in Annex II; 

(b)  not  contain  added  ethyl  alcohol  of  agricultural  origin  or  distillate  (of 

agricultural origin); 

(c) 

(d) 

not contain flavouring substances other than natural flavouring substances and 
in  Article 1(2)(b)(i)  and  Article 1(2)(c)  of 
preparations  as  defined 
Directive 88/388/EEC; 

solely  be  sweetened  to  round  off  the  final  taste  of  the  product,  according  to 
technical definitions and requirements in Annex I to this Regulation and taking 
into account particular legislation of the Member States. 

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2. 

Without  prejudice  to  the  specific  rules  laid  down  for  each  of  the  products  listed  in 
category B of Annex II, "specific spirit drinks" may: 

(a) 

be obtained from any agricultural product listed in Annex I to the Treaty; 

(b) 

(c) 

contain  added  ethyl  alcohol  of  agricultural  origin  or  distillate  (of  agricultural 
origin); 

contain  natural  or  nature-identical  flavouring  substances  and  preparations  as 
of 
defined 
Directive 88/388/EEC; 

in  Article 1(2)(b)(i) 

in  Article 1(2)(c) 

and 

and 

(ii) 

(d)  be sweetened to correspond to particular product characteristics and according 
to the technical definitions and requirements in Annex I to this Regulation. 

3. 

Without  prejudice  to  the  specific  rules  laid  down  for  the  products  in  category C  of 
Annex II, "other spirit drinks" may: 

(a) 

(b) 

(c) 

be obtained from any agricultural product listed in Annex I to the Treaty and/or 
foodstuff destined for human consumption; 

contain  added  ethyl  alcohol  of  agricultural  origin  or  distillate  (of  agricultural 
origin); 

contain 
Directive 88/388/EEC; 

flavouring 

substances 

and 

preparations 

as 

defined 

in 

(d)  be sweetened corresponding to particular product characteristics and according 

to technical definitions and requirements in Annex I to this Regulation. 

Article 5 
Member States legislation 

Member  States  may  lay  down  rules  stricter  than  or  additional  to  those  in  Annex II  on  the 
production,  description,  labelling,  packaging  and  presentation  of  spirit  drinks  which  are 
produced on their own territory in so far as they are compatible with Community law. 

CHAPTER II 
DESCRIPTION, PRESENTATION, LABELLING  
OF SPIRIT DRINKS 

Article 6 
Sales denomination 

In accordance with Article 5 of Directive 2000/13/EC, the name under which a spirit drink is 
sold ("sales denomination") shall be subject to the provisions laid down in this Chapter. 

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1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

1. 

2. 

3. 

Article 7 
Specific rules concerning sales denominations 

Spirit  drinks  which  meet  the  specifications  for  the  products  defined  in  categories A 
and B  of  Annex II  shall  bear  the  sales  denomination  assigned  therein  to  those 
products. 

Spirits drinks which meet the specifications for the products defined in category C of 
Annex II  shall  bear  the  sales  denomination  "spirit  drink".  That  sales  denomination 
shall not be complemented, supplemented or altered. 

Where  a  spirit  drink  meets  the  definition  of  more  than  one  specific  type  of  spirit 
drink, it may be sold under one or more of the names listed for those specific types of 
spirit drink in Annex II. 

Without  prejudice  to  paragraph 8,  the  names  referred  to  in  paragraphs 1  and 2  shall 
not  be  used  to  describe  or  present  in  any  way  whatsoever  any  drink  other  than  the 
spirit drink for which those names are listed in Annex II. 

Sales denominations may be supplemented or replaced by a geographical indication 
listed  in  Annex III  and  in  accordance  with  Chapter III,  provided  that  this  does  not 
mislead the consumer. 

Alcoholic liquids may not be described, presented or labelled by associating words or 
phrases  such  as  ‘like’,  ‘type’,  ‘style’,  ‘made’,  ‘flavour’  or  any  other  similar 
indications  with  any  of  the  sales  denominations  and/or  geographical  indications 
mentioned in this Regulation. 

No  trade  mark,  brand  name  or  fancy  name  may  be  substituted  for  the  sales 
denomination of a spirit drink. 

The names referred to in Annex II may be included in a list of ingredients if used in 
accordance with the national measures adopted to implement Directive 2000/13/EC. 

Article 8 
Specific rules concerning the use of sales denominations and geographical indications 

Without  prejudice  to  Directive 2000/13/EC,  the  use  of  a  term  listed  in  category A 
or B of Annex II, or of a geographical indication listed in Annex III in a compound 
term  or  the  allusion  in  the  presentation  of  a  foodstuff  to  any  of  them  shall  be 
prohibited unless the alcohol originates exclusively from the spirit drink referred to. 

By  way  of  derogation  from  paragraph 1,  the  provisions  of  this  Regulation  shall  not 
affect the possible use of the terms 'amer' or ‘bitter’ for products not covered by this 
Regulation. 

By  way  of  derogation  from  paragraph 1  and  in  order  to  take  account  of  traditional 
production  methods,  the  compound  terms  listed  in  point 31(d)  of  Annex II  may  be 
used in the presentation of liqueurs produced in the Community under the conditions 
set out in that point. 

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Article 9 
Description, presentation and labelling of mixtures 

1. 

The  sales  denomination  ‘spirit  drink’  shall  be  shown  clearly  and  visibly  in  a 
prominent position on the label where a spirit drink listed in category A of Annex II is 
mixed with: 

(a) 

one or more spirit drinks, and/or 

(b)  one or more distillates (of agricultural origin), and/or 

(c) 

ethyl alcohol of agricultural origin. 

That sales denomination shall not be complemented, supplemented or altered. 

Paragraph  1  shall  not  apply  to  the  description,  presentation  or  labelling  of  mixtures 
referred  to  in  that  paragraph  if  they  meet  one  of  the  definitions  laid  down  in 
category A or B of Annex II. 

Without prejudice to Directive 2000/13/EC, the description, presentation or labelling 
of the products resulting from the mixtures referred to in paragraph 1 may only show 
one of the terms listed in category A or B of Annex II to this Regulation if that term 
does  not  form  part  of  the  sales  denomination  but  is  solely  listed  in  the  same  visual 
field  with  the  listing  of  all  the  alcoholic  ingredients  contained  in  the  mixture, 
preceded by the terms ‘mixed spirit drink’. 

The  terms  "mixed  spirit  drink"  shall  be  labelled  in  uniform  characters  of  the  same 
font and colour as those used for the sales denomination. The characters shall be no 
larger than half the size of the characters used for the sales denomination. 

For labelling and presentation of mixtures referred to in paragraph 1, the proportion 
of  each  alcoholic  ingredient  shall  be  expressed  in  ‘%  vol’  in  descending  order  of 
quantities  used.  It  shall  be  equal  to  the  percentage  by  volume  of  pure  alcohol  it 
represents in the total pure alcohol content by volume of the mixture.  

Article 10 
Special provisions on the description, presentation and labelling of spirit drinks 

Where  the  description,  presentation  or  labelling  of  a  spirit  drink  indicates  the  raw 
material utilised to produce the ethyl alcohol of agricultural origin, each agricultural 
alcohol used shall be mentioned in descending order of quantity used. 

The  description,  presentation  or  labelling  of  a  spirit  drink  may  be  supplemented  by 
the term 'blend' only where the product has undergone blending. 

If a maturation period or age is specified or suggested in the description, presentation 
or  labelling  of  a  spirit  drink  it  shall  refer  to  the  youngest  alcoholic  component, 
provided  that  the  product  was  aged  under  revenue  supervision  or  supervision 
affording equivalent guarantees. 

2. 

3. 

4. 

1. 

2. 

3. 

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Article 11 
Prohibition of lead-based capsules or foil 

Spirit drinks shall not be held with a view to sale or placed on the market in containers fitted 
with closing devices covered by lead-based capsules or foil. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

Article 12 
Use of language in the description, presentation and labelling of spirit drinks 

The particulars provided for in this Regulation shall be given in one or more official 
languages  of  the  Community  in  such  a  way  that  the  final  consumer  can  easily 
understand  each  of  those  items  of  information,  unless  consumers  are  provided  with 
the information by other means. 

The terms in italics in Annex II and the geographical indications listed in Annex III 
shall not be translated on the label. 

In the case of products originating in third countries, use of an official language of the 
third country in which the product has been made shall be authorised if the particulars 
provided  for  in  this  Regulation  are  also  given  in  an  official  language  of  the 
Community in such a way that the final consumer can easily understand each item. 

Except  where  derogation  has  been  adopted  pursuant  to  Article 14  and  without 
prejudice  to  paragraph 2  of  this  Article,  in  the  case  of  products  produced  in  the 
Community  and  intended  for  export,  the  particulars  provided  for  in  this  Regulation 
may be repeated in a language other than an official language of the Community. 

CHAPTER III 
GEOGRAPHICAL INDICATIONS 

Article 13 
Geographical indications 

For  the  purpose  of  this  regulation  a  geographical  indication  is  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 characteristics of 
that spirit drink are essentially attributable to its geographical origin. 

Geographical indications are listed in Annex III. 

Names that have become generic may not be registered in Annex III. 

Geographical indications listed in Annex III may not become generic. 

A name that has become generic means the name of a spirit product which, although 
it  relates  to  the  place  or  region  where  this  product  was  originally  produced  or 
marketed, has become the common name of a product. 

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Article 14 
Protection of geographical indications 

1. 

Without prejudice to Article 8, geographical indications listed in Annex III shall be 
protected against: 

(a) 

(b) 

(c) 

any direct or indirect commercial use in respect of products not covered by the 
registration in so far as those products are comparable to the product registered 
under that geographical indication or insofar as such use exploits the reputation 
of the registered geographical indication; 

any  misuse,  imitation  or  evocation,  even  if  the  true  origin  of  the  product  is 
indicated  or  the  geographical  indication  is  used  in  translation  or  accompanied 
by  an  expression  such  as  ‘like’,  ‘type’,  ‘style’,  ‘made’,  ‘flavour’  or  any  other 
similar terms; 

any other false or misleading indication as to the provenance, origin, nature or 
essential qualities on the description, presentation and labelling of the product, 
liable to convey a false impression as to its origin; 

(d) 

any  other  practice  liable  to  mislead  the  public  as  to  the  true  origin  of  the 
product. 

The  registration  of  a  trademark  which  contains  or  consists  of  a  geographical 
indication  identifying  a  spirit  drink  shall  be  refused  or  invalidated  if  its  use  would 
lead to any of the situations referred to in paragraph 1. 

Where a trademark has been applied for or registered in good faith, or where rights to 
a  trademark  have  been  acquired  through  use  in  good  faith  either  before  1  January 
1996  or  before  the  geographical  indication  is protected  in  its  country  of  origin,  this 
Regulation  shall  not  prejudice  eligibility  for  or  the  validity  of  the  registration  of  a 
trademark,  or  the  right  to  use  a  trademark,  on  grounds  that  such  a  trademark  is 
identical  with,  or  similar  to,  a  geographical  indication  protected  pursuant  to  this 
Regulation. 

This paragraph shall not prejudice the right of the holder of a geographical indication 
to  use  it  in  accordance  with  honest  practices  in  industrial  or  commercial  matters  in 
conformity with Article 6(1)(b) of Council Directive 89/104/EEC8 and Article 12(b) 
of Council Regulation (EC) No 40/949. 

Article 15 
Registration of geographical indications 

Applications  for  a  geographical  indication  to  be  included  in  Annex III  shall  be 
submitted  to  the  Commission  in  one  of  the  official  Community  languages  or 
accompanied  by  a  translation  into  one  of  the  official  Community  languages.  Such 
applications shall be accompanied by a technical file including the specifications with 
which the spirit drink concerned must comply. The technical file shall be published in 
the Official Journal of the European Union, Series C. 

2. 

3. 

1. 

8 
9 

OJ L 40, 11.2.1989, p. 1. 
OJ L 11, 14.1.1994, p. 1. 

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Within  three months  of  the  date  of  that  publication  any  natural  or  legal  person  that 
has a legitimate interest may object to the geographical indication to be included in 
Annex III on the grounds that the conditions provided for in this Regulation are not 
fulfilled. The objection must be duly substantiated. 

2. 

The technical file referred to in paragraph 1 shall include at least: 

(a) 

the name of the spirit drink including the geographical indication;  

(b) 

a  description  of  the  spirit  drink  including  principal  physical,  chemical, 
microbiological  and/or  organoleptic  characteristics  of  the  product  or  the 
foodstuff; 

(c) 

the definition of the geographical area concerned; 

(d) 

(e) 

a description of the method for obtaining the spirit drink and, if appropriate, the 
authentic and unvarying local methods; 

the  details  bearing  out  the  link  with  the  geographical  environment  or  the 
geographical origin; 

(f) 

any requirements laid down by Community and/or national provisions; 

(g) 

the name and contact address of the applicant. 

The  decision  to  include  the  geographical  indication  in  Annex III  shall  be  taken  in 
accordance  with  the  procedure  referred  to  in  Article 19(2),  taking  into  account  any 
objection raised in accordance with paragraph 1 of this Article. 

A homonymous geographical indication meeting the requirements of this Regulation 
shall be registered with due regard for local and traditional usage and the actual risk 
of confusion, in particular: 

– 

– 

a  homonymous  name  which  misleads  the  public  into  believing  that  products 
come from another territory shall not be registered even if the name is accurate 
as  far  as  its  wording  is  concerned  for  the  actual  territory,  region  or  place  of 
origin of the agricultural products or foodstuffs in question; 

the use of a registered homonymous geographical indication shall be subject to 
there  being  a  clear  distinction  in  practice  between  the  homonym  registered 
subsequently and the name already on the register, having regard to the need to 
treat  the  producers  concerned  in  an  equitable  manner  and  not  to  mislead 
consumers. 

3. 

4. 

5. 

Disputes  concerning  the  registration  of  a  particular  geographical  indication  shall  be 
formally addressed to the Commission. Such disputes shall be solved on the basis of 
the  provisions  of  this  Chapter  and  the  traditional  rights,  in  accordance  with  the 
procedure referred to in Article 19(2). 

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Article 16 
Geographical indications protected under Regulation (EC) No 1576/89 

For each geographical indication protected under Regulation (CE) No 1576/89 at the time of 
the entry into force of this Regulation a technical file shall be submitted to the Commission 
not later than seven years from the date of entry into force of this Regulation. 

The technical file shall be published in the Official Journal of the European Union, Series C, 
after examination by the Commission. 

In case  no  technical  file  is  published  within  seven  years  from  entry  into  force  of  this 
Regulation the geographical indication will cease to be protected. 

CHAPTER IV 
GENERAL, TRANSITIONAL AND FINAL PROVISIONS 

Article 17 
Control and protection of spirit drinks 

1. 

2. 

Member States shall be responsible for the control of spirit drinks. They shall take the 
measures necessary to ensure compliance with the provisions of this Regulation and 
in particular they shall appoint one or more authorities for ensuring such compliance 
and the protection of geographical indications included in Annex III. 

The  Member  States  and  the  Commission  shall  communicate  to  each  other  the 
information necessary for implementing this Regulation. 

Article 18 
Export of spirit drinks 

Spirit  drinks  exported  from  the  Community  shall  comply  with  the  provisions  of  this 
Regulation,  except  where  derogations  have  been  adopted,  in  accordance  with  the  procedure 
referred to in Article 19(2), on the basis of duly justified applications. 

Article 19 
Committee 

1. 

2. 

The Commission shall be assisted by the Management Committee for Spirit Drinks, 
hereinafter referred to as "the Committee". 

Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC 
shall apply, having regard to the provisions of Article 8 thereof. 

The  period  laid  down  in  Article 4(3)  of  Decision 1999/468/EC  shall  be  set  at  one 
month. 

3. 

The Committee shall adopt its rules of procedure. 

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Article 20 
Amendment of the Annexes 

The Annexes shall be amended in accordance with the procedure referred to in Article 19(2). 

Article 21 
Detailed implementing rules 

The  detailed  rules  for  the  implementation  of  this  Regulation  shall  be  adopted  in  accordance 
with the procedure referred to in Article 19(2). 

Article 22 
Transitional and other specific measures 

In  accordance  with  the  procedure  referred  to  in  Article 19(2),  measures  shall  be  adopted, 
where appropriate: 

(a) 

(b) 

to  facilitate  the  transition  from  the  rules  provided  for  in  Regulation  (EEC) 
No 1576/89 to those established by this Regulation; 

to  resolve  specific  practical  problems,  such  as  by  making  it  obligatory,  in  certain 
cases,  to  state  the  place  of  manufacture  on  the  labelling  to  avoid  misleading  the 
consumer and to maintain and develop community reference methods for the analysis 
of spirit drinks; 

(c) 

to derogate from certain provisions of this Regulation, in duly justified cases. 

Regulation (EEC) No 1576/89 is hereby repealed. 

Article 23 
Repeal 

Article 24 
Entry into force 

This Regulation shall enter into force on the third day following that of its publication 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. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I 
TECHNICAL DEFINITIONS AND REQUIREMENTS 

For the purposes of this Regulation, the following definitions shall apply: 

(1) 

Sweetening: 

Sweetening means using one or more of the following products in the preparation of 
spirit drinks: 

(a) 

semi-white sugar, white sugar, refined white sugar, dextrose, fructose, glucose 
syrup, liquid sugar, invert liquid sugar, invert sugar syrup, as defined in Council 
Directive 2001/111/EC10; 

(b) 

rectified concentrated grape must, concentrated grape must, fresh grape must; 

(c) 

burned  sugar,  which  is  the  product  obtained  exclusively  from  the  controlled 
heating of sucrose without bases, mineral acids or other chemical additives; 

(d)  honey as defined in Council Directive 2001/110/EC11; 

(e) 

carob syrup; 

(f) 

(g) 

any  other  natural  carbohydrate  substances  having  a  similar  effect  to  those 
products; 

sweeteners as defined in Directive 94/35/EC of the European Parliament and of 
the Council12. 

(2) 

Mixing: 

Mixing means combining two or more different drinks, or a drink with one or more 
distillates of agricultural origin or ethyl alcohol of agricultural origin, to make a new 
drink. 

(3) 

Ethyl alcohol of agricultural origin: 

Ethyl alcohol of agricultural origin possesses the following properties: 

(a) 

organoleptic  characteristics:  no  detectable  taste  other  than  that  of  the  raw 
material; 

(b)  minimum alcoholic strength by volume: 96,0% vol.; 

(c)  maximum level of residues: 

(i) 

(ii) 

total acidity, expressed in grams of acetic acid per hectolitre of alcohol at 
100% vol.: 1,5, 

esters  expressed  in  grams  of  ethyl  acetate  per  hectolitre  of  alcohol  at 
100% vol.: 1,3, 

(iii)  aldehydes expressed in grams of acetaldehyde per hectolitre of alcohol at 

100% vol.: 0,5, 

10 
11 
12 

OJ L 10, 12.1.2002, p. 53. 
OJ L 10, 12.1.2002, p. 47. 
OJ L 237, 10.9.1994, p. 3. 

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16 

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(iv)  higher alcohols expressed in grams of methyl2 propanol1 per hectolitre of 

alcohol at 100% vol.: 0,5, 

(v)  methanol expressed in grams per hectolitre of alcohol at 100% vol.: 50, 

(vi)  dry extract expressed in grams per hectolitre of alcohol at 100% vol.: 1,5, 

(vii)  volatile  bases  containing  nitrogen  expressed  in  grams  of  nitrogen  per 

hectolitre of alcohol at 100% vol.: 0,1, 

(viii)  furfural: not detectable. 

(4) 

Addition of water: 

In  the  preparation  of  spirit  drinks,  the  addition  of  water,  possibly  distilled  or 
demineralised, shall be authorised, provided that the quality of the water conforms to 
the national provisions adopted in implementation of Council Directive 80/777/EEC13 
and  Council  Directive 80/778/EEC14  and  that  the  water  added  does  not  change  the 
nature of the product. 

This water may be distilled, demineralised, permuted or softened. 

(5) 

Blending: 

Blending means combining two or more spirit drinks of the same type, distinguished 
only by minor differences in composition due to one or more of the following factors: 

(a) 

the methods of preparation; 

(b) 

the stills employed; 

(c) 

the period of maturation or ageing; 

(d) 

the geographical area of production. 

The spirit drink so produced shall be of the same specific type of spirit drink as the 
original spirit drinks before blending. 

(6) 

Maturation or ageing: 

Maturation  or  ageing  means  allowing  certain  reactions  to  develop  naturally  in 
appropriate  containers,  thereby  giving  the  spirit  drink  in  question  organoleptic 
qualities previously absent. 

(7) 

Flavouring: 

Flavouring  means  using  in  the  preparation  of  spirit  drinks  one  or  more  of  the 
flavourings defined in Article 1(2)(a) of Directive 88/388/EEC. 

(8) 

Colouring: 

Colouring  means  using  one  or  more  colorants,  as  defined  in  Directive 94/36/EC  of 
the European Parliament and of the Council15 in the preparation of spirit drinks. 

13 
14 
15 

OJ L 229, 30.8.1980, p. 1. 
OJ L 229, 30.8.1980, p. 11. 
OJ L 237, 10.9.1994, p. 13. 

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(9) 

Distillate (of agricultural origin): 

Distillate (of agricultural origin) means an alcoholic liquid which is obtained by the 
distillation, after alcoholic fermentation  of agricultural products listed in Annex I to 
the Treaty but which does not have the properties of ethyl alcohol or of a spirit drink 
but still retains the aroma and taste of the raw materials used. 

Where  reference  is  made  to  the  raw  material  used,  the  distillate  must  be  obtained 
solely from that raw material. 

(10) 

Alcoholic strength by volume: 

Alcoholic strength by volume means the ratio of the volume of pure alcohol present 
in  the  product  in  question  at  20° C  to  the  total  volume  of  that  product  at  the  same 
temperature. 

(11) 

Volatile substances content: 

Volatile substances content means the quantity of volatile substances other than ethyl 
and methyl alcohol contained in a spirit drink obtained exclusively by distillation, as 
a result solely of the distillation or redistillation of the raw materials used. 

(12) 

Place of manufacture: 

The place or region in which took place the stage in the process of manufacturing the 
finished  product  which  conferred  on  the  spirit  drink  its  character  and  essential 
definitive qualities. 

(13) 

Description: 

Description means the terms used on the labelling, on the documents accompanying 
the transport of a drink, on the commercial documents, particularly the invoices and 
delivery notes, and in advertising. 

(14) 

Labelling: 

Labelling means all descriptions and other references, signs, designs, or trade marks 
which  distinguish  a  drink  and  which  appear  on  the  same  container,  including  its 
sealing device or the tag attached to the container and the sheathing covering the neck 
of bottles. 

(15) 

Presentation: 

Presentation  means  the  terms  used  on  the  containers,  including  the  closure,  on  the 
labelling and on the packaging, including advertising and sales promotion. 

(16) 

Packaging: 

Packaging  means  the  protective  wrappings,  such  as  papers,  straw  envelopes  of  all 
kinds, cartons and cases, used in the transport of one or more containers. 

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ANNEX II 
CATEGORIES OF SPIRIT DRINKS 

Category A: Spirits 

1. 

Rum 

(a)  Rum is: 

(1) 

(2) 

a  spirit  drink  exclusively  produced  by  alcoholic  fermentation  and 
distillation, either from molasses or syrup produced in the manufacture of 
cane  sugar  or  from  sugar-cane  juice  itself  and  distilled  at  less  than  96% 
vol.  so  that  the  distillate  has  the  discernible  specific  organoleptic 
characteristics of rum, or 

the  spirit  produced  by  alcoholic  fermentation  and  distillation  of  sugar-
cane  juice  which  has  the  aromatic  characteristics  specific  to  rum  and  a 
content  of  volatile  substances  equal  to  or  exceeding  225 grams  per 
hectolitre of alcohol of 100% vol. 

(b)  The minimum alcoholic strength by volume of rum shall be 37,5%. 

(c)  Rum shall not contain added ethyl alcohol of agricultural origin. 

(d)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of rum. 

(e)  The  word «traditionnel» may  be supplemented to the geographical indications 
mentioned in point 1 of Annex III. when the rums are produced by distillation 
at  less  than  80% vol.,  after  alcoholic  fermentation  of  alcohol-producing 
materials  originating  exclusively  in  the  place  of  production  considered.  They 
must  have  a  volatile  substances  content  equal  to  or  exceeding  225 grams  per 
hectolitre of alcohol of 100% vol. and must not be sweetened or flavoured. The 
use  of  the  word  "traditionnel"  does  not  prevent  to  use  the  terms  "from  sugar 
production" or "agricultural" which may be added to the denomination «rum». 

This provision does in no case affect the use of the word «traditionnel» for all 
products not covered by this provision, according to their own specific criteria. 

2. 

Whisky or Whiskey 

(a)  Whisky or whiskey is a spirit drink: 

(1)  produced by the distillation of a mash made from malted cereals with or 

without whole grains of other cereals, 

(2) 

saccharified by the diastase of the malt contained therein, with or without 
other natural enzymes, 

(3) 

fermented by the action of yeast, 

(4)  distilled by one or more distillations at less than 94,8 % vol., so that the 
distillate has an aroma and taste derived from the raw materials used, 

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19 

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(5) 

subject  to  maturation  of  the  final  distillate  for  at  least  three  years  in 
wooden casks not exceeding 700 litres capacity. 

The distillate, to which only water and plain caramel may be added, retains its 
colour,  aroma  and  taste  derived  from  the  production  process  referred  to  in 
points (1) to (5). 

(b)  The minimum alcoholic strength by volume of whisky or whiskey shall be 40%. 

(c)  Whisky or whiskey shall not contain added ethyl alcohol of agricultural origin. 

(d)  Whisky  or  whiskey  shall  not  be  sweetened  or  flavoured,  nor  contain  any 

additives other than plain caramel colouring. 

3. 

Grain spirit 

(a)  Grain spirit is a spirit drink produced by the distillation of a fermented mash of 
cereals and having organoleptic characteristics derived from the raw materials 
used. 

(b)  The minimum alcoholic strength by volume of grain spirit shall be 35%. 

(c)  Grain spirit shall not contain added ethyl alcohol of agricultural origin. 

(d)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of grain spirit. 

(e)  For a grain spirit to be designated ‘grain brandy’, it must have been obtained by 
distillation at less than 95% vol. from a fermented mash of cereals, presenting 
organoleptic features deriving from the raw materials used. 

4. 

Wine spirit 

(a)  Wine spirit is a spirit drink: 

(1)  produced by the distillation at less than 86% vol. of wine or wine fortified 
for  distillation  or  by  the  redistillation  of  a  wine  distillate  at  less  than 
86% vol., 

(2) 

containing  a  quantity  of  volatile  substances  equal  to  or  exceeding 
125 grams per hectolitre of 100% vol. alcohol, 

(3)  having a maximum methyl alcohol content of 200 grams per hectolitre of 

100% vol. alcohol. 

(b)  The minimum alcoholic strength by volume of wine spirit shall be 37,5%. 

(c)  Wine spirit shall not contain added ethyl alcohol of agricultural origin. 

(d)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of wine spirit. 

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20 

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5. 

Brandy or Weinbrand 

(a)  Brandy or Weinbrand is a spirit drink: 

(1)  produced from wine spirit, whether or not blended with a wine distillate 
distilled  at  less  than  94,8% vol.,  provided  that  that  distillate  does  not 
exceed a maximum of 50% by volume of the finished product, 

(2)  matured for at least one year in oak receptacles or for at least six months 

in oak casks with a capacity of less than 1 000 litres, 

(3) 

containing  a  quantity  of  volatile  substances  equal  to  or  exceeding 
125 grams  per  hectolitre  of  100% vol.  alcohol,  and  derived  exclusively 
from the distillation or redistillation of the raw materials used, 

(4)  having a maximum methyl alcohol content of 200 grams per hectolitre of 

100% vol. alcohol. 

(b)  The  minimum  alcoholic  strength  by  volume  of  brandy  or  Weinbrand  shall  be 

36%. 

(c)  Brandy  or  Weinbrand  shall  not  contain  added  ethyl  alcohol  of  agricultural 

origin. 

(d)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of brandy or Weinbrand. 

6. 

Grape marc spirit or grape marc 

(a)  Grape  marc  spirit  or  grape  marc  is  a  spirit  drink  which  meets  the  following 

conditions: 

(1) 

(2) 

(3) 

(4) 

it is produced from grape marc fermented and distilled either directly by 
water vapour or after water has been added; 

a quantity of lees may be added to grape marc that does not exceed 25 kg 
of lees per 100 kg of grape marc used; 

the quantity of alcohol derived from the lees shall not exceed 35% of the 
total quantity of alcohol in the finished product; 

the distillation shall be carried out in the presence of the marc itself at less 
than 86% vol.; 

(5) 

redistillation at the same alcoholic strength is authorised; 

(6) 

it  contains  a  quantity  of  volatile  substances  equal  to  or  exceeding 
140 grams  per  hectolitre  of  100% vol.  alcohol  and  having  a  maximum 
methyl  alcohol  content  of  1 000 grams  per  hectolitre  of  100% vol. 
alcohol. 

(b)  The minimum alcoholic strength by volume of grape marc spirit or grape marc 

shall be 37,5%. 

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21 

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(c)  Grape  marc  spirit  or  grape  marc  shall  not  contain  added  ethyl  alcohol  of 

agricultural origin. 

(d)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of grape marc spirit or grape marc. 

7. 

Fruit marc spirit 

(a)  Fruit marc spirit is a spirit drink which meets the following conditions: 

(1) 

(2) 

(3) 

(4) 

it is obtained solely by fermentation and distillation at less than 86% vol. 
of fruit marc except grape marc; 

it  contains  a  minimum  quantity  of  volatile  substances  of  200g  per 
hectolitre of alcohol at 100% vol.; 

the  maximum  methyl  alcohol  content  shall  be  1 500 g  per  hectolitre  of 
alcohol at 100% vol.; 

the  maximum  hydrocyanic  acid  content  shall  be  10 g  per  hectolitre  of 
alcohol at 100% vol. in the case of stone-fruit marc spirit; 

(5) 

redistillation at the same alcoholic strength is authorised. 

(b)  The minimum alcoholic strength by volume of fruit marc spirits shall be 37,5%. 

(c)  Fruit marc spirits shall not contain added ethyl alcohol of agricultural origin. 

(d)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of fruit marc spirits. 

(e)  The  name  under  which  fruit  marc  spirit  is  sold  shall  be  the  name  of  the  fruit 
followed by ‘marc spirit’. If marcs of several different fruits are used, the sales 
denomination shall be ‘fruit marc spirit’. 

8. 

Raisin spirit or raisin brandy 

(a)  Raisin spirit or raisin brandy is a spirit drink produced by the distillation of the 
product obtained by the alcoholic fermentation of extract of dried grapes of the 
"Corinth Black" or "Malaga muscat" varieties, distilled at less than 94,5% vol., 
so that the distillate has an aroma and taste derived from the raw material used. 

(b)  The  minimum  alcoholic  strength  by  volume  of  raisin  spirit  or  raisin  brandy 

shall be 37,5%. 

(c)  Raisin  spirit  or  raisin  brandy  shall  not  contain  added  ethyl  alcohol  of 

agricultural origin. 

(d)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of raisin spirit or raisin brandy. 

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9. 

Fruit spirit 

(a)  Fruit spirits are spirit drinks: 

(1)  produced by the alcoholic fermentation and distillation of  fleshy  fruit or 

must of such fruit, with or without stones, 

(2)  distilled at less than 86% vol. so that the distillate has an aroma and taste 

derived from the fruits distilled, 

(3)  having a quantity of volatile substances equal to or exceeding 200 grams 

per hectolitre of 100% vol. alcohol, 

(4) 

in  the  case  of  stone-fruit  spirits,  having  a  hydrocyanic  acid  content  not 
exceeding 10 grams per hectolitre of 100% vol. alcohol, 

(b)  Fruit  spirits  shall  contain  at  most  1 000 grams  per  hectolitre  of  100% vol. 

alcohol of methyl alcohol. 

However the maximum methyl alcohol content shall be: 

(i) 

1 200 grams  per  hectolitre  of  alcohol  at  100%  vol.  obtained  from  the 
following fruits: 

– 
– 
– 
– 
– 

– 
– 

plum (Prunus domestica L.), 
mirabelle (Prunus domestica L. var syriaca), 
quetsch (Prunus domestica L.), 
apple (Malus domestica Borkh.), 
pear  (Pyrus  communis  L.)  except  for  Williams  pears  (Pyrus 
communis Williams), 
raspberries (Rubus idaeus L.), 
blackberries (Rubus fruticosus L.); 

(ii)  1 350 grams  per  hectolitre  of  alcohol  at  100% vol.  obtained  from  the 

following fruits: 

–  Williams pears (Pyrus communis Williams), 
– 
– 
– 

redcurrants and blackcurrants (Ribes species), 
service berries (Sorbus aucuparia), 
elderberries (Sambucus nigra). 

(c)  The minimum alcoholic strength by volume of fruit spirits shall be 37,5%. 

(d)  Fruit spirits shall not contain added ethyl alcohol of agricultural origin. 

(e)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of fruit spirits. 

(f)  The sales denomination of fruit spirits shall be ‘spirit’ preceded by the name of 
the  fruit,  such  as:  cherry  spirit  or  kirsch,  plum  spirit  or  slivovitz,  mirabelle, 
peach, apple, pear, apricot, fig, citrus or grape spirit or other fruit spirits. They 
may also be called wasser, with the name of the fruit. 

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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. var. syriaca), 
plum (Prunus domestica L.), 
quetsch (Prunus domestica L.), 
arbutus (Arbutus unedo L.), 
Golden Delicious apple. 

(g)  The name  Williams may be used only to sell pear spirit produced solely from 

pears of the ‘Williams’ variety. 

(h)  Whenever  two  or  more  fruits  are  distilled  together,  the  product  shall  be  sold 
under  the  name  ‘fruit  spirit’.  The  name  may  be  supplemented  by  that  of  each 
fruit, in decreasing order of quantity used. 

10. 

Cider spirit, cider brandy or perry spirit 

(a)  Cider spirit, cider brandy or perry spirit are spirit drinks: 

(1)  produced exclusively by the distillation of cider or perry distilled at less 
than  86% vol.  so  that  the  distillate  has  an  aroma  and  taste  derived  from 
the fruits distilled, 

(2)  having a quantity of volatile substances equal to or exceeding 200 grams 

per hectolitre of 100% vol. alcohol, 

(3)  having a maximum methyl alcohol content of 1 000 grams per hectolitre 

of 100% vol. alcohol. 

(b)  The  minimum  alcoholic  strength  by  volume  of  cider  spirit,  cider  brandy  or 

perry spirit shall be 37,5%. 

(c)  Cider spirit, cider brandy or perry spirit shall not contain added ethyl alcohol of 

agricultural origin. 

(d)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of cider spirit, cider brandy or perry spirit. 

11. 

Hefebrand 

(a)  Hefebrand is a spirit drink produced from lees of wine or of fermented fruit. 

(b)  The minimum alcoholic strength by volume of Hefebrand shall be 38%. 

(c)  Hefebrand shall not contain added ethyl alcohol of agricultural origin. 

(d)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of Hefebrand. 

(e)  The name under which Hefebrand is sold may be supplemented by the name of 

the basic material used. 

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12. 

Bierbrand or eau de vie de bière 

(a)  Bierbrand or eau de vie de bière is a spirit drink obtained exclusively by direct 
distillation of fresh beer with an alcoholic strength by volume of less than 86% 
such  that  the  distillate  obtained  has  organoleptic  characteristics  resulting  from 
the beer. 

(b)  The minimum alcoholic strength by volume of Bierbrand or eau de vie de bière 

shall be 38%. 

(c)  Bierbrand shall not contain added ethyl alcohol of agricultural origin. 

(d)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of Bierbrand or eau de vie de bière. 

Category B: Specific spirit drinks 

13. 

Spirit  (preceded  by  the  name  of  the  fruit),  produced  by  maceration  and 
distillation 

(a)  Spirits  (preceded  by  the  name  of  the  fruit),  produced  by  maceration  and 

distillation are spirit drinks: 

(1)  produced  by  macerating,  within 

the  minimum  proportion  of 
100 kilograms  of  fruit  per  20 litres  of  100% vol.  alcohol,  certain  berries 
and  other  fruit  such  as  raspberries,  blackberries,  bilberries  and  others, 
whether  partially  fermented  or  unfermented, 
in  ethyl  alcohol  of 
agricultural origin or in spirit or distillate, followed by distillation. 

(2) 

cover spirit drinks obtained from the following fruits: 

– 
– 
– 
– 
– 
– 
– 
– 
– 
– 
– 
– 
– 
– 
– 
– 
– 

blackberry (Rubus fruticosus L.), 
strawberry (Fragaria L.), 
bilberry (Vaccinium myrtillus L.), 
raspberry (Rubus idaeus L.), 
redcurrant (Ribes vulgare Lam.), 
sloe (Prunus spinosa L.), 
rowanberry (Sorbus domestica L.), 
service-berry (Sorbus domestica L.), 
hollyberry (Ilex cassine L.), 
checkerberry (Sorbus turminalis L.), 
elderberry (Sambucus nigra L.), 
rosehip (Rosa canina L.), 
blackcurrant (ribes nigrum L.). 
 banana (Musa paradisiaca), 
 passion fruit (Passiflora edulis), 
 ambarella (Spondias dulcis), 
 hog plum (spondias mombin). 

EN 

25 

   EN 

 
(b)  The minimum alcoholic strength by volume of Spirits (preceded by the name of 

the fruit), produced by maceration and distillation shall be 37,5%. 

(c)  The  flavouring  of  Spirits  (preceded  by  the  name  of  the  fruit),  produced  by 
maceration  and  distillation  may  be  supplemented  by  flavouring  substances 
and/or flavouring preparations other than those which come from the fruit used. 
Only  natural 
in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the  preparation  of  Spirits  (preceded  by  the  name  of  the  fruit),  produced  by 
maceration and distillation. However, the characteristic taste of the drink and its 
colour must derive exclusively from the fruit used. 

flavouring  substances  and  preparations  as  defined 

(d)  As  regards  the  labelling  and  presentation  of  Spirits  (preceded  by  the  name  of 
the  fruit)  produced  by  maceration  and  distillation,  the  wording  "produced  by 
maceration  and  distillation"  must  appear  on  the  description,  presentation  or 
labelling in characters of the same type, size and colour as, and on the same line 
as, the wording "Spirits (preceded by the name of the fruit)" and, in the case of 
bottles, on the frontlabel. 

14. 

Geist (with the name of the fruit) 

(a)  Geist  (with  the  name  of  the  fruit)  is  a  spirit  drink  obtained  by  macerating 
unfermented  berries  such  as  raspberries,  blackberries,  bilberries  and  others  in 
ethyl alcohol of agricultural origin, followed by distillation. 

(b)  The  minimum  alcoholic  strength  by  volume  of  Geist  (with  the  name  of  the 

fruit) shall be 37,5%. 

(c)  The  flavouring  of  Geist  (with  the  name  of  the  fruit)  may  be  supplemented  by 
flavouring  substances  and/or  flavouring  preparations  other  than  those  which 
come from the fruit used. Only natural flavouring substances and preparations 
as defined in Article 1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC may 
be used in the preparation of Geist (with the name of the fruit). However, the 
characteristic taste of the drink and its colour must derive exclusively from the 
fruit used. 

15. 

Fruit spirit drinks 

(a)  Fruit spirit drinks are spirit drinks obtained by macerating fruit in ethyl alcohol 
of  agricultural  origin  and/or  in  distillate  of  agricultural  origin  and/or  in  spirit 
where the quantity of fruit used is at least 5 kg per 20 litres alcohol at 100% vol. 
used. 

(b)  The minimum alcoholic strength by volume of fruit spirit drinks shall be 25%. 

(c)  The  flavouring  of  these  spirit  drinks  may  be  supplemented  by  flavouring 
substances and/or flavouring preparations other than those which come from the 
fruit  used.  Only  natural  flavouring  substances  and  preparations  as  defined  in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the  preparation  of  fruit  spirit  drinks.  However,  the  characteristic  taste  of  the 
drink and its colour must derive exclusively from the fruit used. 

EN 

26 

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(d)  Fruit  spirit  drinks  shall  be  sold  under  the  name  ‘spirit  drink’  preceded  by  the 

name of the fruit. 

16. 

Gentian spirit 

(a)  Gentian  spirit  is  a  spirit  drink  produced  from  a  distillate  of  gentian,  itself 
obtained  by  the  fermentation  of  gentian  roots  with  or  without  the  addition  of 
ethyl alcohol of agricultural origin. 

(b)  The minimum alcoholic strength by volume of gentian spirit shall be 37,5%. 

(c)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of gentian spirit. 

17. 

Juniper-flavoured spirit drinks 

(a) 

Juniper-flavoured  spirit  drinks  are  spirit  drinks  produced  by  flavouring  ethyl 
alcohol  of  agricultural  origin  and/or  grain  spirit  and/or  grain  distillate  with 
juniper (juniperus communis) berries. 

(b)  The  minimum  alcoholic  strength  by  volume  of  juniper-flavoured  spirit  drinks 

shall be 15%. 

and (ii)  of  Directive 88/388/EEC 

(c)  Other  natural  and/or  nature-identical  flavouring  substances  as  defined  in 
flavouring 
Article 1(2)(b)(i) 
preparations defined in Article 1(2)(c) of that Directive, and/or aromatic plants 
or  parts  of  aromatic  plants  may  be  used  in  addition,  but  the  organoleptic 
characteristics  of  juniper  must  be  discernible,  even  if  they  are  sometimes 
attenuated. 

and/or 

(d) 

Juniper  flavoured  spirit  drinks  may  be  sold  under  the  names  ‘Wacholder’, 
‘ginebra’, or ‘genebra’. 

18. 

Gin 

(a)  Gin is a juniper-flavoured spirit drink produced by flavouring organoleptically 

suitable ethyl alcohol of agricultural origin. 

(b)  The minimum alcoholic strength by volume of gin shall be 37,5%. 

(c)  Only  natural  and/or  nature-identical  flavouring  substances  as  defined  in 
Article 1(2)(b)(i) 
flavouring 
preparations as defined in Article 1(2)(c) of that Directive shall be used for the 
production of Gin so that the taste is predominantly that of juniper. 

and (ii)  of  Directive 88/388/EEC 

and/or 

19. 

Distilled gin 

(a)  Distilled gin is: 

(1) 

juniper-flavoured  spirit  drink  produced  solely  by 

a 
redistilling 
organoleptically  suitable  ethyl  alcohol  of  agricultural  origin  of  an 
appropriate quality with an initial alcoholic strength of at least 96% vol. 
in stills traditionally used for gin, in the presence of juniper berries and of 
other natural botanicals provided that the juniper taste is predominant, or 

EN 

27 

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(2) 

the  mixture  of  the  product  of  such  distillation  and  ethyl  alcohol  of 
agricultural  origin  with  the  same  composition,  purity  and  alcoholic 
strength;  natural  and/or  nature-identical  flavouring  substances  and/or 
flavouring  preparations  as  specified  in  point 18(c)  may  also  be  used  to 
flavour distilled gin. 

(b)  The minimum alcoholic strength by of distilled gin shall be 37,5%. 

(c)  Gin  obtained  simply  by  adding  essences  or  flavourings  to  ethyl  alcohol  of 

agricultural origin is not distilled gin. 

20. 

London gin 

(a)  London gin is a type of distilled gin: 

(1)  obtained  exclusively  from  ethyl  alcohol  of  agricultural  origin,  with  a 
maximum methanol content not exceeding 5 grams per hectolitre of pure 
alcohol, 

(2)  whose flavour is introduced solely through the re-distillation in traditional 
stills  of  ethyl  alcohol  in  the  presence  of  all  the  natural  plant  materials 
used, 

(3) 

the resultant distillate of which contains at least 70% alcohol by vol., 

(4)  where any further added ethyl alcohol must be exclusively from the same 

raw material, 

(5)  which does not contain added sweeteners or colorants. 

(6)  which does not contain added ingredients other than water. 

(b)  The minimum alcoholic strength by volume of London gin shall be 37,5%. 

(c)  The term "London gin" may be supplemented by the term "dry". 

21. 

Caraway-flavoured spirit drinks 

(a)  Caraway-flavoured  spirit  drinks  are  spirit  drinks  produced  by  flavouring  ethyl 

alcohol of agricultural origin with caraway (Carum carvi L.). 

(b)  The minimum alcoholic strength by volume of caraway-flavoured spirit drinks 

shall be 30%. 

(c)  Other  natural  and/or  nature-identical  flavouring  substances  as  defined  in 
flavouring 
Article 1(2)(b)(i) 
preparations as defined in Article 1(2)(c) of that Directive may additionally be 
used but there must be a predominant taste of caraway. 

and (ii)  of  Directive 88/388/EEC 

and/or 

22. 

Akvavit or aquavit 

(a)  Akvavit or aquavit is a caraway-flavoured spirit drink flavoured with a distillate 

of plants or spices. 

(b)  The  minimum  alcoholic  strength  by  volume  of  akvavit  or  aquavit  shall  be 

37,5%. 

EN 

28 

   EN 

 
(c)  Other  flavouring  substances  may  be  used  in  addition,  but  the  flavour  of  these 
drinks  is  largely  attributable  to  distillates  of  caraway  and/or  dill  (Anethum 
graveolens L.) seeds, the use of essential oils being prohibited. 

(d)  The  bitter  substances  must  not  obviously  dominate  the  taste;  the  dry  extract 

content shall not exceed 1,5 grams per 100 millilitres. 

23. 

Aniseed-flavoured spirit drinks 

(a)  Aniseed-flavoured  spirit  drinks  are  spirit  drinks  produced  by  flavouring  ethyl 
alcohol  of  agricultural  origin  with  natural  extracts  of  star  anise  (Illicium 
verum),  anise  (Pimpinella  anisum),  fennel  (Foeniculum  vulgare),  or  any  other 
plant which contains the same principal aromatic constituent, using one of the 
following processes or a combination thereof: 

(1)  maceration and/or distillation, 

(2) 

redistillation of the alcohol in the presence of the seeds or other parts of 
the plants specified above, 

(3) 

addition of natural distilled extracts of aniseed-flavoured plants. 

(b)  The minimum alcoholic strength by of aniseed-flavoured spirit drinks shall be 

15%. 

(c)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of aniseed-flavoured spirit drinks. 

(d)  Other natural plant extracts or aromatic seed may also be used, but the aniseed 

taste must remain predominant. 

24. 

Pastis 

(a)  Pastis is an aniseed-flavoured spirit drink which also contains natural extracts 
of  liquorice  root  (Glycyrrhiza  glabra),  which  implies  the  presence  of  the 
colorants  known  as  'chalcones'  as  well  as  glycyrrhizic  acid,  the  minimum  and 
maximum levels of which must be 0,05 and 0,5 grams per litre respectively. 

(b)  The minimum alcoholic strength by volume of pastis shall be 40%. 

(c)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of pastis. 

(d)  Pastis contains less than 100 grams of sugar per litre and has a minimum and 

maximum anethole level of 1,5 and 2 grams per litre respectively. 

25. 

Pastis de Marseille 

(a)  Pastis de Marseille is a pastis with an anethole content of 2 grams per litre. 

(b)  The  minimum  alcoholic  strength  by  volume  of  pastis  de  Marseille  shall  be 

45%. 

EN 

29 

   EN 

 
(c)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of pastis de Marseille. 

26. 

Anis 

(a)  Anis is an aniseed-flavoured spirit drink whose characteristic flavour is derived 
exclusively  from  anise  (pimpinella  anisum)  and/or  star  anise  (illicium  verum) 
and/or fennel (foeniculum vulgare). 

(b)  The minimum alcoholic strength by volume of anis shall be 35%. 

(c)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of anis. 

27. 

Distilled anis 

(a)  Distilled anis is anis where the drink contains alcohol distilled in the presence 
of  the  seeds,  provided  such  alcohol  constitutes  at  least  20%  of  the  drink's 
alcoholic strength. 

(b)  The minimum alcoholic strength by volume of distilled anis shall be 35%. 

(c)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of distilled anis. 

28. 

Bitter-tasting spirit drinks or bitter 

(a)  Bitter-tasting spirit drinks or bitter are spirit drinks with a predominantly bitter 
taste  produced  by  flavouring  ethyl  alcohol  of  agricultural  origin  with  natural 
and/or  nature-identical  flavouring  substances  as  defined  in  Article 1(2)(b)(i) 
and (ii)  of  Directive 88/388/EEC  and/or  flavouring  preparations  as  defined  in 
Article 1(2)(c) of that Directive. 

(b)  The  minimum  alcoholic  strength  by  volume  of  bitter-tasting  spirit  drinks  or 

bitter shall be 15%. 

(c)  Bitter tasting spirit drinks or bitter may also be sold under the names ‘amer’ or 

‘bitter’ with or without another term. 

29. 

Vodka 

(a)  Vodka is a spirit drink produced from ethyl alcohol of agricultural origin: 

(1)  obtained  following  fermentation,  with  yeast,  from  agricultural  raw 

materials, 

(2)  distilled and/or rectified so that the organoleptic characteristics of the raw 
materials  used  and  by-products  formed  in  fermentation  are  selectively 
reduced, 

EN 

30 

   EN 

 
This  process  may  be  followed  by  redistillation  and/or  treatment  with 
appropriate processing aids, including treatment with activated charcoal, to give 
it special organoleptic characteristics, 

Maximum  levels  of  residue  shall  meet  those  laid  down  in  Annex I  for  ethyl 
alcohol, except that the methanol residue in the final product shall not exceed 
10 grams per hectolitre of pure alcohol. 

(b)  The minimum alcoholic strength by volume of vodka shall be 37,5%. 

(c)  The  only  flavourings  which  may  be  added  are  natural  flavouring  compounds 
present in distillate obtained from the fermented raw materials. In addition, the 
product  may  be  given  special  organoleptic  characteristics,  other  than  a 
predominant flavour. 

(d)  Without  prejudice  to  Directive  2000/13/EC,  the  description,  presentation  or 
labelling  of  vodka  shall  indicate  in  the  same  visual  field  as  the  sales 
denomination  the  raw  materials  utilised  to  produce  the  ethyl  alcohol  of 
agricultural  origin.  The  characters  shall  be  no  larger  than  half  and  no  smaller 
than one third of the size of the characters used for the sales denomination. 

30. 

Flavoured vodka 

(a)  Flavoured  vodka  is  vodka  which  has  been  given  a  predominant  flavour  other 

than that of the raw materials, 

(b) 

the minimum alcoholic strength by volume of flavoured vodka shall be 37,5%, 

(c) 

flavoured vodka may be sweetened, blended, flavoured, matured or coloured, 

(d) 

flavoured vodka may also be sold under the name of any predominant flavour 
with the word "vodka". 

31. 

Liqueur 

(a)  Liqueur is a spirit drink: 

(1)  having a minimum sugar content, expressed as invert sugar, of: 

(i) 

80 g per litre for gentian liqueurs prepared with gentian as the sole 
aromatic substance, 

(ii)  70 g per litre per cherry liqueurs the ethyl alcohol of which consists 

solely of cherry spirit, 

(iii)  100 grams per litre in all other cases; 

(2)  produced by flavouring ethyl alcohol of agricultural origin or a distillate 
of  agricultural  origin  or  one  or  more  spirit  drinks  or  a  mixture  thereof, 
sweetened  and  possibly  with  the  addition  of  products  of  agricultural 
origin such as cream, milk or other milk products, fruit, wine or flavoured 
wine. 

(b)  The minimum alcoholic strength by volume of liqueur shall be 15%. 

EN 

31 

   EN 

 
(c)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  and  nature-
identical flavouring substances and preparations as defined in Article 1(2)(b)(ii) 
of that Directive may be used in the preparation of liqueur. 

However, nature-identical flavouring substances and preparations as defined in 
Article 1(2)(b)(ii)  of  that  Directive  shall  not  be  used  in  the  preparation  of  the 
following liqueurs: 

(1)  Fruit liqueurs: 

– 
– 
– 
– 
– 
– 
– 
– 
– 
– 
– 

blackcurrant, 
cherry, 
raspberry, 
mulberry, 
bilberry, 
citrus fruit, 
cloudberry, 
arctic bramble, 
cranberry, 
lingonberry, 
sea buckthorn; 

(2)  plant liqueurs: 

– 
– 
– 
– 
– 

mint, 
gentian, 
aniseed, 
génépi, 
vulnerary. 

(d)  The  following  compound  terms  may  be  used  in  the  presentation  of  liqueurs 
produced in the Community in the case of use of ethyl alcohol of agricultural 
origin to mirror traditional production methods: 

– 
– 
– 
– 
– 

prune brandy, 
orange brandy, 
apricot brandy, 
cherry brandy, 
solbaerrom, also called blackcurrant rum. 

As regards the labelling and presentation of those liqueurs, the compound term 
must appear on the labelling in one line in type of a single font and colour and 
the word ‘liqueur’ must appear in immediate proximity in characters no smaller 
than that fount. If the alcohol does not come from the spirit drink indicated, its 
origin must be shown on the labelling in the same visual field as the compound 
term  and  ‘liqueur’  either  by  stating  the  type  of  agricultural  alcohol  or  by  the 
words  ‘agricultural  alcohol’  preceded  on  each  occasion  by  ‘made  from’  or 
‘made using’. 

EN 

32 

   EN 

 
32. 

Crème de (followed by the name of a fruit or the raw material used) 

(a)  Spirit drinks known as "Crème de…", followed by the name of a fruit or the raw 
material  used,  excluding  milk  products,  are  liqueurs  with  a  minimum  sugar 
content of 250 grams per litre expressed as invert sugar. 

(b)  The minimum alcoholic strength by volume of Crème de (followed by the name 

of a fruit or the raw material used) shall be 15%. 

(c)  The  rules  on  flavouring  substances  and  preparations  for  liqueurs  laid  down 

under point 31 shall apply to this product. 

33. 

Crème de cassis 

(a)  Crème de cassis is a blackcurrant liqueur containing at least 400 grams of sugar 

per litre expressed as invert sugar. 

(b)  The minimum alcoholic strength by volume of crème de cassis shall be 15%. 

(c)  The  rules  on  flavouring  substances  and  preparations  for  liqueurs  laid  down 

under point 31 shall apply to crème de cassis. 

34. 

Guignolet 

(a)  Guignolet  is  a  liqueur  obtained  by  maceration  of  cherries  in  ethyl  alcohol  of 

agricultural origin. 

(b)  The minimum alcoholic strength by volume of Guignolet shall be 15%. 

(c)  The  rules  on  flavouring  substances  and  preparations  for  liqueurs  laid  down 

under point 31 shall apply to Guignolet. 

35. 

Punch au rhum 

(a)  Punch  au  rhum  is  a  liqueur  with  its  alcohol  content  provided  exclusively  by 

rum. 

(b)  The minimum alcoholic strength by volume of punch au rhum shall be 15%. 

(c)  The  rules  on  flavouring  substances  and  preparations  for  liqueurs  laid  down 

under point 31 shall apply to punch au rhum. 

36. 

Sloe gin 

(a)  Sloe gin is a liqueur produced by maceration of sloes in gin with the possible 

addition of sloe juice. 

(b)  The minimum alcoholic strength by volume of sloe gin shall be 25%. 

(c)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of sloe gin. 

EN 

33 

   EN 

 
37. 

Sambuca 

(a) 

Sambuca is a colourless aniseed-flavoured liqueur: 

(1) 

containing distillates of anise (Pimpinella anisum L.), star anise (Illicium 
verum L.) or other aromatic herbs, 

(2)  with a minimum sugar content equivalent to 350 grams per litre of invert 

sugar, 

(3)  with a natural anethole content of not less than 1 gram and not more than 

2 grams per litre. 

(b)  The minimum alcoholic strength by volume of Sambuca shall be 38%. 

(c)  The  rules  on  flavouring  substances  and  preparations  for  liqueurs  laid  down 

under point 31 apply to Sambuca. 

38. 

Mistrà 

(a)  Mistrà is a colourless liqueur flavoured with aniseed or natural anethole: 

(1)  with  an  anethole  content  of  not  less  than  1 gram  and  not  more  than 

2 grams per litre, 

(2) 

that may also contain a distillate of aromatic herbs, 

(3) 

containing no added sugar. 

(b)  The alcoholic strength by volume of Mistrà shall be of not less than 40% and 

not more than 47%. 

(c)  The  rules  on  flavouring  substances  and  preparations  for  liqueurs  laid  down 

under point 31 apply to Mistrà. 

39. 

Maraschino or Marrasquino 

(a)  Maraschino  or  Marrasquino  is  a  colourless  liqueur  the  flavour  of  which  is 
given mainly by a distillate of marasca cherries or of the product of macerating 
cherries  or  parts  of  cherries  in  alcohol  of  agricultural  origin  with  a  minimum 
sugar content equivalent to 250 grams per litre of invert sugar. 

(b)  The  minimum  alcoholic  strength  by  volume  of  Maraschino  or  Marrasquino 

shall be 24%. 

(c)  The  rules  on  flavouring  substances  and  preparations  for  liqueurs  laid  down 

under point 31 shall apply to Maraschino or Marrasquino. 

40. 

Nocino 

(a)  Nocino is a liqueur the flavour of which is given mainly by maceration and/or 
distillation  of  whole  green  walnut  kernels  (Jugians  regia L.)  with  a  minimum 
sugar content equivalent to 100 grams per litre of invert sugar. 

(b)  The minimum alcoholic strength by volume of Nocino shall be 30%. 

EN 

34 

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(c)  The  rules  on  flavouring  substances  and  preparations  for  liqueurs  laid  down 

under point 31 shall apply to Nocino. 

41. 

Egg liqueur or advocaat or avocat or Advokat 

(a)  Egg liqueur or advocaat or avocat or Advokat is a spirit drink, whether or not 
flavoured,  obtained  from  ethyl  alcohol  of  agricultural  origin  distillate  and/or 
spirit,  the  ingredients  of  which  are  quality  egg  yolk,  egg  white  and  sugar  or 
honey.  The  minimum  sugar  or  honey  content  must  be  150 grams  per  litre. 
The minimum egg yolk content must be 140 grams per litre of the final product. 

(b)  By  way  of  derogation  from  Article  1(c),  the  minimum  alcoholic  strength  by 

volume of egg liqueur or advocaat or avocat or Advokat shall be 14%. 

(c)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of egg liqueur or advocaat or avocat or Advokat. 

42. 

Liqueur with egg 

(a)  Liqueur with egg is a spirit drink, whether or not flavoured, obtained from ethyl 
alcohol  of  agricultural  origin,  distillate  and/or  spirit,  the  ingredients  of  which 
are  quality  egg  yolk,  egg  white  and  sugar  or  honey.  The  minimum  sugar  or 
honey  content  must  be  150 grams  per litre.  The  minimum  egg  yolk  content 
must be 70 grams per litre of the final product. 

(b)  The minimum alcoholic strength by volume of liqueur with egg shall be 15%. 

(c)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of liqueur with egg. 

43. 

Vaekevae gloegi or Spritgloegg 

(a)  Vaekevae  gloegi  or  Spritgloegg  is  a  spirit  drink  produced  by  flavouring  ethyl 
alcohol  of  agricultural  origin  with  natural  or  nature  identical  aroma  of  cloves 
and/or  cinnamon  using  one  of  the  following  processes:  maceration  and/or 
distillation,  redistillation  of  the  alcohol  in  the  presence  of  parts  of  the  plants 
specified  above,  addition  of  natural  or  nature  identical  flavour  of  cloves  or 
cinnamon or a combination of these methods. 

(b)  The minimum alcoholic strength by volume of Vaekevae gloegi or Spritgloegg 

shall be 15%. 

(c)  Other  natural  or  nature  identical  plant  extracts  of  flavours  in  conformity  with 
Directive 88/388/EEC may also be used, but the flavour of the specified spices 
must be predominant. 

(d)  The content of wine or wine products shall not exceed 50%. 

44. 

Berenburg or Beerenburg 

(a)  Berenburg or Beerenburg is a spirit drink: 

(1)  produced using ethyl alcohol of agricultural origin, 

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(2)  macerating with fruit or plants or parts thereof, 

(3) 

containing as specific flavour distillate of gentian root (Gentiana lutea L.), 
of  juniper  berries  (Juniperus  communis L.)  and  of  laurel  leaves  (Laurus 
nobilis L.), 

(4)  varying in colour from light to dark brown, 

(5) 

that may be sweetened to a maximum content equivalent to 20 grams per 
litre of invert sugar. 

(b)  The minimum alcoholic strength by volume of Berenburg or Beerenburg shall 

be 30%. 

(c)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of Berenburg or Beerenburg. 

45. 

Topinambur 

(a)  Topinambur  is  a  spirit  drink  produced  solely  by  fermentation  of  Jerusalem 

artichoke tubers (Helianthus tuberosus L.). 

(b)  The minimum alcoholic strength by volume of Topinambur shall be 38%. 

(c)  Only  natural 

flavouring  substances  and  preparations  as  defined 

in 
Article 1(2)(b)(i)  and  Article 1(2)(c)  of  Directive 88/388/EEC  may  be  used  in 
the preparation of Topinambur. 

Category C: Other spirit drinks 

1. 

2. 

3. 

All spirit drinks which meet the definition of Article 1 but do not qualify for inclusion 
in  category A  or B  shall  be  described,  presented  and  labelled  with  the  sales 
denomination "spirit drink". 

Rum-Verschnitt  is  produced  in  Germany  and  obtained  by  mixing  rum  and  alcohol, 
whereby a minimum proportion of 5% of the  alcohol contained in the  final product 
must  come  from  rum.  As  regards  the  labelling  and  presentation  of  the  product 
Rum-Verschnitt  the  word  Verschnitt  must  appear  on  the  description,  presentation  or 
labelling in characters of the same type, size and colour as, and on the same line as, 
the word "Rum" and, in the case of bottles, on the frontlabel. Where this product is 
sold outside the German market, its alcoholic composition must appear on the label. 

Slivovice is produced in the Czech Republic and obtained by the addition to the plum 
distillate, before the final distillation, of a maximum proportion of 30% by volume of 
ethyl alcohol of agricultural origin. This product must be described as "spirit drink" 
and may also use the name Slivovice in the same visual field on the front label. If this 
Czech Slivovice is marketed in the Community, its alcoholic composition must appear 
on the label. This provision is without prejudice to the use of the name Slivovice for 
fruit spirits according to point 9 of category A. 

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ANNEX III 
GEOGRAPHICAL INDICATIONS 

Product category16 

Geographical Indication 

Geographical Origin 

A. Spirits 

1. Rum 

2. Whisky / Whiskey 

3. Grain spirits 

4. Wine spirits 

Rhum de la Martinique / Rhum de la Martinique 
traditionnel 
Rhum de la Guadeloupe / Rhum de la Guadeloupe 
traditionnel 
Rhum de la Réunion / Rhum de la Réunion traditionnel 
Rhum de la Guyane / Rhum de la Guyane traditionnel 
Ron de Málaga 
Ron de Granada 
Rum da Madeira 

Martinique 

Guadeloupe 

La Réunion 
Guyane 
… 
… 
… 

Scotch Whisky / Scotch 
Irish Whisky 
Whisky español 
(These denominations may be supplemented by the 
terms "malt"" or "grain") 
Irish Whiskey 
Uisce Beatha Eireannach / Irish Whiskey 
(These denominations may be supplemented by the 
words "Pot Still" or "malt" or "grain") 

Scotland 
Ireland 
Spain 

Ireland 
Ireland 

Eau-de-vie de seigle de marque nationale 
luxembourgeoise 
Korn / Kornbrand 

Luxemburg 

Austria, Germany 

Eau-de-vie de Cognac 
Eau-de-vie des Charentes 
Cognac 

(The denomination "Cognac" may be supplemented by 
the following terms: 

- Fine 
- Grande Fine Champagne 
- Grande Champagne 
- Petite Fine Champagne 
- Fine Champagne 
- Borderies 
- Fins Bois 

… 
… 
… 

… 
… 
… 
… 
… 
… 
… 

16 

Numbering for product categories follows numbering of Annex II. 

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- Bons Bois) 

Fine Bordeaux 
Armagnac 
Bas-Armagnac 
Haut-Armagnac 
Ténarèse / Armagnac-Ténarèze 
Eau-de-vie de vin de la Marne 
Eau-de-vie de vin originaire d'Aquitaine 
Eau-de-vie de vin de Bourgogne 
Eau-de-vie de vin originaire du Centre-Est 
Eau-de-vie de vin originaire de Franche-Comté 
Eau-de-vie de vin originaire du Bugey 
Eau-de-vie de vin de Savoie 
Eau-de-vie de vin originaire des Coteaux de la Loire 
Eau-de-vie de vin des Côtes-du-Rhône 
Eau-de-vie de vin originaire de Provence 
Eau-de-vie de Faugères / Faugères 
Eau-de-vie de vin originaire du Languedoc 
Aguardente do Minho 
Aguardente do Douro 
Aguardente da Beira Interior 
Aguardente da Bairrada 
Aguardente do Oeste 
Aguardente do Ribatejo 
Aguardente do Alentejo 
Aguardente do Algarve 

… 

… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 

… 
Brandy de Jerez 
… 
Brandy del Penedés 
Italy 
Brandy italiano 
… 
Brandy Αττικης / Brandy of Attica 
… 
Brandy Πελλοπονησου / Brandy of the Peloponnese 
Brandy Κεντρικης Ελλαδας / Brandy of Central Greece  … 
Deutscher Weinbrand 
Wachauer Weinbrand  
Weinbrand Dürnstein 
Karpatské brandy špeciál 

Germany 
… 
… 
… 

Eau-de-vie de marc de Champagne  
Marc de Champagne 
Eau-de-vie de marc originaire d'Aquitaine 
Eau-de-vie de marc de Bourgogne 
Eau-de-vie de marc originaire du Centre-Est 
Eau-de-vie de marc originaire de Franche-Comté 
Eau-de-vie de marc originaire de Bugey 
Eau-de-vie de marc originaire de Savoie 

… 
… 
… 
… 
… 
… 
… 
… 

5. Brandy 

6. Grape marc 
spirits 

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… 
Marc de Bourgogne 
… 
Marc de Savoie 
Marc d'Auvergne 
… 
Eau-de-vie de marc originaire des coteaux de la Loire  … 
… 
Eau-de-vie de marc des côtes du Rhône 
… 
Eau-de-vie de marc originaire de Provence 
… 
Eau-de-vie de marc originaire du Languedoc 
… 
Marc d'Alsace Gewürztraminer 
… 
Marc de Lorraine 
… 
Bagaceira do Minho 
… 
Bagaceira do Douro 
… 
Bagaceira da Beira Interior 
… 
Bagaceira da Bairrada 
… 
Bagaceira do Oeste 
… 
Bagaceira do Ribatejo 
… 
Bagaceiro do Alentejo 
… 
Bagaceira do Algarve 
… 
Orujo gallego 
Italy 
Grappa 
… 
Grappa di Barolo 
… 
Grappa piemontese / Grappa del Piemonte 
… 
Grappa lombarda / Grappa di Lombardia 
… 
Grappa trentina / Grappa del Trentino 
… 
Grappa friulana / Grappa del Friuli 
… 
Grappa veneta / Grappa del Veneto 
… 
Südtiroler Grappa / Grappa dell'Alto Adige 
… 
Τσικουδια Κρητης / Tsikoudia of Crete 
… 
Τσιπουρο Μακεδονιας / Tsipouro of Macedonia 
… 
Τσιπουρο Θεσσαλιας / Tsipouro of Thessaly 
… 
Τσιπουρο Τυρναβου / Tsipouro of Tyrnavos 
Luxembourg 
Eau-de-vie de marc de marque nationale 
luxembourgeoise 
Zivania 
Pálinka 

Cyprus 
Hungary 

Schwarzwälder Kirschwasser 
Schwarzwälder Himbeergeist 
Schwarzwälder Mirabellenwasser 
Schwarzwälder Williamsbirne 
Schwarzwälder Zwetschgenwasser 
Fränkisches Zwetschgenwasser 
Fränkisches Kirschwasser 
Fränkischer Obstler 
Mirabelle de Lorraine 
Kirsch d'Alsace 
Quetsch d'Alsace 
Framboise d'Alsace 
Mirabelle d'Alsace 

… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 

9. Fruit spirits 

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… 

… 
… 
… 
… 
… 

… 
Kirsch de Fougerolles 
… 
Südtiroler Williams / Williams dell'Alto Adige 
… 
Südtiroler Aprikot / Aprikot dell'Alto Adige 
… 
Südtiroler Marille / Marille dell'Alto Adige 
… 
Südtiroler Kirsch / Kirsch dell'Alto Adige 
Südtiroler Zwetschgeler / Zwetschgeler dell'Alto Adige  … 
… 
Südtiroler Obstler / Obstler dell'Alto Adige 
… 
Südtiroler Gravensteiner / Gravensteiner dell'Alto 
Adige 
Südtiroler Golden Delicious / Golden Delicious 
dell'Alto Adige 
Williams friulano / Williams del Friuli 
Sliwovitz del Veneto 
Sliwovitz del Friuli-Venezia Giulia 
Sliwovitz del Trentino-Alto Adige 
Distillato di mele trentino / Distillato di mele del 
Trentino 
Williams trentino / Williams del Trentino 
Sliwovitz trentino / Sliwovitz del Trentino 
Aprikot trentino / Aprikot del Trentino 
Medronheira do Algarve 
Medronheira do Buçaco 
Kirsch Friulano / Kirschwasser Friulano 
Kirsch Trentino / Kirschwasser Trentino 
Kirsch Veneto / Kirschwasser Veneto 
Aguardente de pèra da Lousa 
Eau-de-vie de pommes de marque nationale 
luxembourgeoise 
Eau-de-vie de poires de marque nationale 
luxembourgeoise 
Eau-de-vie de kirsch de marque nationale 
luxembourgeoise 
Eau-de-vie de quetsch de marque nationale 
luxembourgeoise 
Eau-de-vie de mirabelle de marque nationale 
luxembourgeoise 
Eau-de-vie de prunelles de marque nationale 
luxembourgeoise 
Wachauer Marillenbrand 
Szatmári Szilvapálinka 
Kecskeméti Barackpálinka 
Békési Szilvapálinka 
Szabolcsi Almapálinka 
Bošácka Slivovica 
Pálinka 

… 
… 
… 
… 
… 
… 
… 
… 
… 
Luxembourg 

Luxembourg 

Luxembourg 

Luxembourg 

Luxembourg 

Luxembourg 

… 
… 
… 
… 
… 
… 
Austria (solely in the Länder 
of: Niederösterreich, 
Burgenland, Steiermark, 
Wien), Hungary 

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10. Cider spirit and 
perry spirit 

Calvados 
Calvados Pays d'Auge 
Eau-de-vie de cidre de Bretagne 
Eau-de-vie de poiré de Bretagne 
Eau-de-vie de cidre de Normandie 
Eau-de-vie de poiré de Normandie 
Eau-de-vie de cidre du Maine 
Aguardiente de sidra de Asturias 
Eau-de-vie de poiré du Maine 

B. Specific spirit drinks 

15. Fruit spirit 
drinks 

16. Gentian spirit 

17. Juniper-
flavoured spirit 
drinks 

Pacharán navarro 
Pacharán 

Bayerischer Gebirgsenzian 
Südtiroler Enzian / Genzians dell'Alto Adige 
Genziana trentina / Genziana del Trentino 

Genièvre / Jenever / Genever17 

Jonge jenever, jonge genever 

Oude jenever, oude genever 

Graanjenever, graangenever, genièvre de grains 

… 
… 
… 
… 
… 
… 
… 
… 
… 

… 
Spain 

… 
… 
… 

Belgium, The Netherlands 
and the French Departments 
Nord (59) and Pas-de-Calais 
(62) 
Belgium, The Netherlands 
and the French Departments 
Nord (59) and Pas-de-Calais 
(62) 
Belgium, The Netherlands 
and the French Departments 
Nord (59) and Pas-de-Calais 
(62) 
Belgium, The Netherlands 
and the French Departments 
Nord (59) and Pas-de-Calais 
(62) 

17 

The labelling, presentation and advertising of the «genièvre», «jenever», «genever» marketed in Spain, 
and  of  the  «ginebra»,  «genebra»  marketed  in  Belgium,  France  and  the  Netherlands,  with  an  alcoholic 
strength of less than 37,5% vol., shall contain, at a close distance to the sales denomination, where it is 
made  reference  to  this,  and  in  a  visible,  legible  and  indelible  manner,  with  characters  of  a  minimum 
height of 3 millimetres: 
– for «genièvre», «jenever», «genever», marketed in Spain, the terms «espirituoso al enebro», 
– for «ginebra», «genebra» marketed in Belgium the terms «spiritueux au genièvre»/»met jeneverbessen 
gearomatiseerde gedistilleerde drank», in the Netherlands the terms «met jeneverbessen gearomatiseerde 
gedistilleerde drank » and in France the terms «spiritueux au genièvre». 

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Ostfriesischer Korngenever 
Genièvre Flandres Artois 
Hasseltse jenever 
Balegemse jenever 
O´ de Flander-Oost-Vlaamse Graanjenever 
Peket-Pékêt / Peket-Pékêt de Wallonie 
Steinhäger 
Plymouth Gin 
Gin de Mahón 
Vilniaus Džinas 
Spišská Borovička 
Slovenská Borovička Juniperus 
Slovenská Borovička 
Inovecká Borovička 
Liptovská Borovička 

… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 
… 

Dansk Akvavit / Dansk Aquavit 
Svensk Aquavit / Svensk Akvavit / Swedish Aquavit 

Denmark 
Sweden 

Anis español 
Évoca anisada 
Cazalla 
Chinchón 
Ojén 
Rute 
Ouzo / Oύςο 

Spain 
… 
… 
… 
… 
… 
Cyprus, Greece 

Demänovka bylinná horká 

… 

Svensk Vodka / Swedish Vodka 
Suomalainen Vodka / Finsk Vodka / Vodka of Finland 
Polska Wódka / Polish vodka 
Laugarício Vodka 
Originali Lietuviška degtiné 
Herbal vodka from the North Podlasie Lowland 
aromatised with an extract of bison grass / Wódka 
ziolowa z Niziny Pólnocnopodlaskiej aromatyzowana 
ekstraktem z trawy żubrowej 
Latvijas Dzidrais 
Rīgas Degvīns 

Sweden 
Finland 
Poland 
… 
Lithuania 
… 

Latvia 
… 

21. Caraway-
flavoured spirit 
drinks 

23. Aniseed-
flavoured spirit 
drinks 

28. Bitter-tasting 
spirit drinks  

29. Vodka 

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31. Liqueur 

Berliner Kümmel 
Hamburger Kümmel 
Münchener Kümmel 
Chiemseer Klosterlikör 
Bayerischer Kräuterlikör 
Cassis de Dijon 
Cassis de Beaufort 
Irish Cream 
Palo de Mallorca 
Ginjinha portuguesa 
Licor de Singeverga 
Mirto di Sardegna 
Benediktbeurer Klosterlikör 
Ettaler Klosterlikör 
Ratafia de Champagne 
Ratafia catalana 
Anis português 
Finnish berry / Finnish fruit liqueur 
Grossglockner Alpenbitter 
Mariazeller Magenlikör 
Mariazeller Jagasaftl 
Puchheimer Bitter 
Puchheimer Schlossgeist 
Steinfelder Magenbitter 
Wachauer Marillenlikör 
Jägertee / Jagertee / Jagatee 
Allažu Kimelis  
Čepkeliu 
Demänovka Bylinný Likér 
Polish Cherry / Wiśniówka 
Karlovarská Hořká  

Other spirit drinks 

Pommeau de Bretagne 
Pommeau du Maine 
Pommeau de Normandie 
Svensk Punsch / Swedish Punch 

… 

… 
… 
… 
… 
… 
… 
… 
Ireland 
… 
Portugal 
… 
… 
… 
… 
… 
… 
Portugal 
Finland 
… 
… 
… 
… 
… 
… 
… 
Austria 
… 
… 
… 
Poland 
… 

… 
… 
… 
Sweden 

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