Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks COM(2005) 125 final — 2005/0028 (COD)
Date: 2006-10-26
Institutions: European Economic and Social Committee
Subjects: alcoholic beverage, approximation of laws, distillation, environmental protection, labelling, preparation for market

C 324/12

EN

Official Journal of the European Union

30.12.2006

Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the
European Parliament and of the Council on the definition, description, presentation and labelling of
spirit drinks

COM(2005) 125 final — 2005/0028 (COD)

(2006/C 324/06)

On 25 January 2006 the Council decided to consult the European Economic and Social Committee, under
Articles 95 and 251 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing
the Committee's work on the subject, adopted its opinion on 8 September 2006. The rapporteur was
Clive Wilkinson.

In view of the renewal of the Committee's term of office, the Plenary Assembly has decided to vote on this
opinion at its October plenary session and has adopted Mr Dorda as rapporteur-general under Rule 20 of
the Rules of Procedure.

At its 430th plenary session, held on 26 October 2006, the European Economic and Social Committee
adopted the following opinion by 76 votes to 3 with 11 abstentions.

1. Summary and recommendations

1.1
The Committee welcomes the initiative of the Commis-
sion to update the current rules on the definition, description
and presentation of spirit drinks and in particular the proposed
changes to the ‘Geographic Indication’ (GI) system, with applica-
tions being put forward by the relevant national authorities, and
the proposed procedure for any amendment of the new regu-
lation.

The Committee does not

1.2
proposed in the draft proposal since it could be misleading.

support categorisation as

Ingredient listing for spirit drinks is supported only if it

1.3
is applied in the same way to all alcoholic beverages.

‘Authenticity Indicators’ (AIs) are important in the fight
1.4
against fraud and counterfeit products and provisions for their
use need to be included in the draft.

1.5
The definition of vodka is particularly contentious,
notably as to the raw ingredients from which it may be
produced. The Committee proposes that the raw materials used
should be restricted to cereals, potatoes and beet molasses and
that consequently there should be no need to indicate the raw
materials used on the labels.

2. Introduction

The current rules on the definition, description and
2.1
presentation of spirit drinks are to be found in Council Regu-
lation
Regulation
1014/90 (2). These rules have been successful in regulating the

Commission

1576/89 (1)

(EEC)

and

spirits sector. However,
it is now necessary to clarify some
points and to take account of developments since the rules were
established. The current proposal for a regulation has therefore
been produced.

2.2
This proposal aims to enhance the clarity of the current
regulations (footnotes 1 and 2 below), adapt to new technical
requirements and take account of additional factors, such as
WTO requirements. It also aims to safeguard the existing good
reputation of EU spirit drinks and provide consumers with the
necessary information.

3. General comments

3.1
The European Economic and Social Committee (EESC)
welcomes the proposal to amend and update the current regula-
tions and it notes that the EU level organisation that represents
the producers of spirit drinks (3) has been consulted at length
and also supports the initiative.

3.2
In particular the Committee welcomes the changes to
bring the system of Geographic Indications into line with WTO
requirements and the proposal to allow a simple and transparent
procedure for amendments of the proposed Regulation.

3.3
The fact that this new regulation will replace two existing
regulations should be made clear in the first paragraph of the
introductory recital by adding reference to Regulation 1014/90
to the existing reference to Regulation 1576/89 as being
repealed and replaced by this proposed new regulation.

(1) OJ L 160, 12.6.89. Last amended on Act of Accession 2003.
(2) OJ L 105, 25.4.90. Last amended by Regulation (EC) 2140/98.

(3) CEPS The European Spirits Organisation, which represents the industry

organisations of 27 countries.

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The industry is of very significant importance to the EU
3.4
economy, contributing some EUR 5 billion in exports each
year (4), directly employing about 50 000 people (and indirectly
some 5 times that number) and making annual capital invest-
ments of over EUR 1 billion. It is also a major customer for EU
agricultural producers. Before the most recent enlargement it
used some 2 million tonnes of cereals, 2.5 million tonnes of
sugar beet, 300 000 tonnes of fruit and 16 million hectolitres
of wine each year; these figures are to be updated for the EU25.
Since then, with the accession of ten new Member States, pota-
toes must also be included; annual use of potatoes as a raw
material for spirits is about 100 000 tonnes.

The EU spirits industry is the most competitive in the
3.5
world at present and any changes made must not cause it to
lose this advantage. Of particular importance here will be the
maintenance of
reputation and the ability to
continue to innovate.

its excellent

3.6
It is important that the changes made in consolidating
and updating the existing Regulations do not lose any of the
key principles that these include. Of particular importance here
are the current labelling provisions. Comments on these are
included in the detailed comments included at Appendix I.

3.7
The individual definitions of spirit drinks are complex
and the Committee discusses them only where this seems to be
essential.

structural cohesion of the document. The Committee suggests
that if categories are to be introduced they will need to be prop-
erly justified. Further, the EESC would then have concerns about
the actual descriptions used for each category.

4.3
The EESC is also concerned that if placed in categories
this could provide a basis for discrimination between various
spirit drinks, possibly in labelling or in taxation. The Committee
would oppose such discrimination.

controversial and therefore

The debate (5), until now, has shown that the proposed
4.4
categorisation is
likely to be
changed. If this happens, consideration must therefore be given
to some redrafting to make generic allowance for various tradi-
tional practices; further, Annex II of the Proposal would need
elaboration to define more clearly which practices are allowed
for products.

5. Consumer interests

5.1
The EESC is not aware of any requests from consumer
organisations in the area of spirit drinks. Their concern will
probably remain that spirit drinks should be of very high
quality and safe to consume (when used appropriately).

5.2
The question of ingredient listing is not included in the
Commission draft and the EESC supports this as unnecessary
and unrealistic at this time. The EESC would however support
ingredient listing if it were to be applied to all alcoholic drinks
in the same manner and if it could be done in such a way that
it had meaning for the consumer.

Specific comments

4. Categories

6. Geographic indications

‘B’

(‘spirits’),

(‘specific spirit drinks’) and ‘C’

4.1
The proposal introduces the division of spirits into ‘cate-
gories’; the proposals are to divide all spirit drinks in to cate-
(‘other
gories ‘A’
spirit drinks’). It is not clear why there is considered to be a
need for this division into categories, but we consider that
confusion could arise because certain drinks could be placed in
more than one category, depending on the method of produc-
the explanatory
tion used. The Committee also notes that
memorandum refers to Category ‘A’ as ‘an exclusive group’
which includes ‘only the purest form of product’. This could
suggest that other categories are not pure, whereas the aim of
the regulation is to ensure that all EU produced spirit drinks
have an excellent reputation.

The EESC recognises that the proposed categorisation
4.2
would not have any legal effect but the Committee does not
consider that the proposed division into categories will help
the
consumers or others. Nor does it seem necessary for

(4) The industry makes a positive contribution to the EU's balance of trade

of about EUR 4.2 billion each year.

6.1
The EESC welcomes the clarification of the ‘Geographic
Indications’ (GI) rules as they apply to spirit drinks. It would be
helpful to state clearly that applications may only be made to
the Commission by Member States, or where appropriate, by
the authorities in third countries.

Some care will be necessary to avoid GI rules being
6.2
established for too many products if GIs are to continue to be
recognised as valuable.

The EESC assumes that

the provisions in Article 5
6.3
allowing Member States to lay down and apply stricter rules
than those necessary under this new regulation would apply
primarily to products with an agreed GI but it would be helpful
to clarify if this article could be applied to any product (whether
or not it has a GI).

(5) See for example Report from the Working Party on Wines and Alcohol
(Spirit drinks), Council of the European Union, on the Proposal for a
Regulation of the European Parliament and the Council on the defini-
tion, description, presentation and labelling of spirit drinks. 9871/06,
8.6.06.

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7. Flavours/Flavouring/Sweetening

7.1
There is a need to be very specific about ‘flavours’ and
‘flavourings’ (6) and which process may be used in which
products. At present there appears to be confusion in the draft.

There may be a requirement for definitions of some addi-

7.2
tional flavoured spirit drinks. This should be considered.

In the case of

7.3
sweetening the Commission should
consider the need for clarifying the position on ‘rounding’
where a limited amount of certain sweetening agents are added
to adjust the taste of the final product.

8. Future Amendment of the Regulation

The proposal by the Commission to place individual defi-
8.1
nitions of spirit drinks in an Annex and then to allow these to
be changed after agreement in a Management Committee for
Spirit Drinks without opening the full text of the regulation for
discussion is supported. It will allow the regulations to be more
responsive to innovation.

8.2
Consideration should be given to allowing no changes to
be made to individual spirit drink definitions in Annex II of the
Commission's proposal for a period of, say, five years after the
new Regulation has come into force to provide a period of
stability.

9. Authenticity Indicators (AIs)

9.1
indicators.

The draft does not touch on the question of authenticity
Spirits
so.

European

should

The

do

It

organisation (CEPS) suggests that AIs should be food grade
materials and must be present in concentrations of less than
0.1 % weight by volume in a product and must not impart any
distinctive character to that product. The EESC supports their
proposal.

9.2
AIs are increasingly important in the fight against fraud
and counterfeit products. They are also used in products other
than spirit drinks but it is important for their use to be agreed
by producers of spirit drinks in the context of this proposal.

10. Vodka

10.1 While the EESC does not wish to become involved in
too much detail over definitions of products, the case of vodka
is of particular difficulty, as the Agriculture and Fisheries
Council of 20 February showed (7). The Committee has there-
fore considered this case in order to give a view that might
achieve consensus.

the

case of vodka

The Committee

in
considers
10.2
Appendix II of its opinion and concludes that there is a case for
some restriction of the raw materials that may be used in vodka
production (to cereals, potatoes and beet molasses). The key is
that it will allow this major category to be better protected,
allowing commercial operators to build on its reputation and
standing. However, provision must be made for those products
that would no longer be eligible for the description ‘vodka’;
such products should be allowed a transitional period of about
three years from agreement being reached on the new Regu-
lation in order to change their category and to adjust their
marketing.

Brussels, 26 October 2006.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

(6) ‘Natural flavour’ is taken to be flavour extracted from the raw materials
used in the production process and present in the distillate; ‘natural
flavouring’ is the addition of natural flavours to the distillate.

(7) Press release 6083/06 (Presse 39), 2708th Council Meeting, Agri-

culture and Fisheries, Brussels, 20.2.06.