Amendments adopted by the European Parliament on 1 March 2018 on the proposal for a regulation of the European Parliament and of the Council on the definition, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs and the protection of geographical indications for spirit drinks (COM(2016)0750 — C8-0496/2016 — 2016/0392(COD))
Date: 2018-03-01
Institutions: Committee on Agriculture and Rural Development, Committee on International Trade, Committee on the Environment, Climate and Food Safety, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: alcoholic beverage, consumer information, designation of origin, foodstuff, innovation, labelling, marketing standard, product designation, technological change




C_2019129EN.01007301.xml










5.4.2019   


EN


Official Journal of the European Union


C 129/73






P8_TA(2018)0049
Definition, presentation and labelling of spirit drinks and protection of geographical indications thereof ***I
Amendments adopted by the European Parliament on 1 March 2018 on the proposal for a regulation of the European Parliament and of the Council on the definition, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs and the protection of geographical indications for spirit drinks (COM(2016)0750 — C8-0496/2016 — 2016/0392(COD)) (1)

(Ordinary legislative procedure: first reading)
(2019/C 129/14)

Amendment 1


Proposal for a regulation


Recital 3








Text proposed by the Commission




Amendment











(3)


The measures applicable to spirit drinks should contribute to attaining a high level of consumer protection, preventing deceptive practices and attaining market transparency and fair competition. They should safeguard the reputation which the Union’s spirit drinks have achieved in the Union 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 in respect of spirit drinks, where such innovation serves to improve quality, without affecting the traditional character of the spirit drinks concerned. The production of spirit drinks is strongly linked to the agricultural sector. Besides representing a major outlet for the agriculture of the Union, this link is determinant for the quality and reputation of the spirit drinks produced in the Union. This strong link to the 
agricultural
 sector should therefore be emphasised by the regulatory framework.












(3)


The measures applicable to spirit drinks should contribute to attaining a high level of consumer protection, 
removing information asymmetry,
 preventing deceptive practices and attaining market transparency and fair competition. They should safeguard the reputation which the Union’s spirit drinks have achieved in the Union 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 in respect of spirit drinks, where such innovation serves to improve quality, without affecting the traditional character of the spirit drinks concerned. The production of spirit drinks is 
governed by Regulation (EC) No 178/2002 of the European Parliament and the Council

 (1a)

, Regulation (EU) No 1169/2011 of the European and the Council

 (1b)

and Regulation (EU) 2017/625 of the European Parliament and the Council

 (1c)

, and is
 strongly linked to the agricultural sector. Besides representing a major outlet for the agriculture of the Union, this link is determinant for the quality
, safety
 and reputation of the spirit drinks produced in the Union. This strong link to the 
agri-food
 sector should therefore be emphasised by the regulatory framework.









Amendment 2


Proposal for a regulation


Recital 3 a (new)








Text proposed by the Commission




Amendment





 










(3a)






The measures applicable to spirit drinks constitute a special case compared with the general rules laid down for the agri-food sector. The special features in this instance relate to the fact that traditional production methods continue to be kept alive, that spirit drinks are closely linked with the agricultural sector, the use of high-quality products, and the commitment to protecting consumer safety, which the spirit drinks sector is promising never to abandon.











Amendment 3


Proposal for a regulation


Recital 4








Text proposed by the Commission




Amendment











(4)


To ensure a more uniform approach in the legislation on spirit drinks, this Regulation should set out clear criteria for the definition, presentation and labelling of spirit drinks as well as for the protection of geographical indications. It should also set out rules on the use of ethyl alcohol or distillates of agricultural origin in the production of alcoholic beverages and on the use of the sales denominations of spirit drinks in the presentation and labelling of foodstuffs.












(4)


To ensure a more uniform approach in the legislation on spirit drinks, this Regulation should set out clear criteria for the definition, presentation and labelling of spirit drinks as well as for the protection of geographical indications
, without prejudice to the diversity of the official languages and alphabets in the Union
. It should also set out rules on the use of ethyl alcohol or distillates of agricultural origin in the production of alcoholic beverages and on the use of the sales denominations of spirit drinks in the presentation and labelling of foodstuffs.









Amendment 5


Proposal for a regulation


Recital 15








Text proposed by the Commission




Amendment











(15)


In some cases, food business operators may be required or may want to indicate the origin of spirit drinks to draw consumers’ attention to the qualities of their product. 
Such origin indications should comply with harmonised criteria.
 Therefore, specific provisions on the indication of the country of origin or place of provenance in the presentation and labelling of spirit drinks should be laid down.












(15)


In some cases, food business operators may be required or may want to indicate the origin of spirit drinks to draw consumers’ attention to the qualities of their product. Therefore, specific provisions on the indication of the country of origin or place of provenance in the presentation and labelling of spirit drinks should be laid down.









Amendment 6


Proposal for a regulation


Recital 17








Text proposed by the Commission




Amendment











(17)


Concerning the protection of geographical indications, it is important to have due regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’), and in particular Articles 22 and 23 thereof, and to the General Agreement on Tariffs and Trade (‘GATT Agreement’) which were approved by Council Decision 94/800/EC (12).












(17)


Concerning the protection of geographical indications, it is important to have due regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’), and in particular Articles 22 and 23 thereof, and to the General Agreement on Tariffs and Trade (‘GATT Agreement’) which were approved by Council Decision 94/800/EC (12). 
In order to enhance protection and to combat counterfeiting more effectively, such protection should also apply with regards to goods which are in transit through the Union Customs territory.











Amendment 7


Proposal for a regulation


Recital 18








Text proposed by the Commission




Amendment











(18)


Regulation (EU) No 1151/2012 of the European Parliament and of the Council (13) does not apply to spirit drinks. Rules on protection of geographical indications of spirit drinks should therefore be laid down. Geographical indications 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 
are
 essentially attributable to its geographical origin should be registered by the Commission.












(18)


Regulation (EU) No 1151/2012 of the European Parliament and of the Council (13) does not apply to spirit drinks. Rules on protection of geographical indications of spirit drinks should therefore be laid down. Geographical indications identifying spirit drinks as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation
, traditional method of processing and production,
 or other characteristic of the spirit drink 
is
 essentially attributable to its geographical origin, should be registered by the Commission.









Amendment 8


Proposal for a regulation


Recital 18 a (new)








Text proposed by the Commission




Amendment





 










(18a)






It is appropriate that spirit drinks with a geographical indication that are based on wines without indication of origin protection, and are registered in accordance with this Regulation, should benefit from the same management tools concerning production potential as those that are available under Regulation (EU) No 1308/2013 of the European Parliament and of the Council

 (1a)

.











Amendment 9


Proposal for a regulation


Recital 19








Text proposed by the Commission




Amendment











(19)


Procedures for the registration, modification and possible cancellation of Union or third country geographical indications in accordance with the TRIPS Agreement should be laid down whilst automatically recognising the status of existing 
protected
 geographical indications of the Union. In view of making procedural rules on geographical indications consistent through all the sectors concerned, such procedures for spirit drinks should be modelled on 
the more exhaustive and well tested
 procedures for agricultural products and foodstuffs laid down in Regulation (EU) No 1151/2012 while taking into account specificities of spirit drinks. In order to simplify the registration procedures and to ensure that information for food business operators and consumers is electronically available 
an
 electronic register of geographical indications 
should be established
.












(19)


Procedures for the registration, modification and possible cancellation of Union or third country geographical indications in accordance with the TRIPS Agreement should be laid down whilst automatically recognising the status of existing 
registered
 geographical indications of the Union. In view of making procedural rules on geographical indications consistent through all the sectors concerned, such procedures for spirit drinks should be modelled on 
similar
 procedures 
used
 for agricultural products and foodstuffs laid down in Regulation (EU) No 1151/2012 while taking into account specificities of spirit drinks. In order to simplify the registration procedures and to ensure that information for food business operators and consumers is electronically available a 
transparent, comprehensive and easily accessible
 electronic register of geographical indications 
with the same legal value as Annex III to Regulation (EC) No 110/2008
 should be established. 
Geographical indications registered under Regulation (EC) No 110/2008 should automatically be registered by the Commission. The Commission should complete the verification of geographical indications contained in Annex III to Regulation (EC) No 110/2008, in accordance with Article 20 of that Regulation, before the entry into force of this Regulation
.









Amendment 10


Proposal for a regulation


Recital 20








Text proposed by the Commission




Amendment











(20)


Member State authorities should be responsible for ensuring compliance with this Regulation
, and the
 Commission should be able to monitor and verify such compliance. Therefore the Commission and the Member States should be required to share relevant information with each other.












(20)




Preserving a high standard of quality is essential if the spirit drinks sector's reputation and value are to be maintained.
 Member State authorities should be responsible for ensuring 
that the standard is preserved through
 compliance with this Regulation
. The
 Commission should
, however,
 be able to monitor and verify such compliance 
in order to ascertain that it is being uniformly enforced.
 Therefore the Commission and the Member States should be required to share relevant information with each other.









Amendment 11


Proposal for a regulation


Recital 21








Text proposed by the Commission




Amendment











(21)


In applying a quality policy and in order to allow for a high level of quality of spirit drinks and diversity in the spirit drinks sector, Member States should be allowed to adopt rules on the definition, presentation and labelling of spirit drinks produced in their territory that are stricter than those laid down in this Regulation.












(21)


In applying a quality policy and in order to allow for a high level of quality of spirit drinks and diversity in the spirit drinks sector, Member States should be allowed to adopt rules on the 
production,
 definition, presentation and labelling of spirit drinks produced in their territory that are stricter than those laid down in this Regulation.









Amendment 13


Proposal for a regulation


Recital 22








Text proposed by the Commission




Amendment











(22)


In order to take into account evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing, the traditional ageing processes and, in exceptional cases, the law of the importing third countries, and in order to ensure the protection of geographical indications, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the amendment of or derogations from the technical definitions and requirements of the categories of spirit drinks and the specific rules concerning some of them referred to under Chapter I of this Regulation, the labelling and presentation referred to under Chapter II of this Regulation, the geographical indications referred to under Chapter III of this Regulation and the checks and exchange of information referred under Chapter IV of this Regulation.












(22)


In order to take into account evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing, the traditional ageing processes and, in exceptional cases, the law of the importing third countries, and in order to ensure the 
full
 protection of geographical indications, 
while taking into account the importance of traditional practices,
 the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the amendment of or derogations from the technical definitions and requirements of the categories of spirit drinks and the specific rules concerning some of them referred to under Chapter I of this Regulation, the labelling and presentation referred to under Chapter II of this Regulation the geographical indications referred to under Chapter III of this Regulation and the checks and exchange of information referred under Chapter IV of this Regulation.









Amendment 14


Proposal for a regulation


Recital 23








Text proposed by the Commission




Amendment













(23)






In order to react rapidly to economic and technological developments regarding spirit drinks covered by this Regulation for which no category and technical specifications exist so as to protect consumers and the economic interests of producers and unify the given production and quality requirements for those spirit drinks, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission as regard the addition, subject to certain conditions, of new categories of spirit drinks to those listed respectively in Part I and II of Annex II to this Regulation and the technical specifications thereof.










deleted







Amendment 15


Proposal for a regulation


Article 2 — paragraph 1 — point 1 — point d — point i — introductory part








Text proposed by the Commission




Amendment











(i)


either directly by using any of the following methods:












(i)


either directly by using any of the following methods
, individually or in combination
:









Amendment 16


Proposal for a regulation


Article 2 — paragraph 1 — point 1 — point d — point i — indent 2








Text proposed by the Commission




Amendment











—


the maceration or similar processing of plant materials in ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks or a 
mixture
 thereof within the meaning of this Regulation,












—


the maceration or similar processing of plant materials in ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks or a 
combination
 thereof within the meaning of this Regulation,









Amendment 17


Proposal for a regulation


Article 2 — paragraph 1 — point 1 — point d — point i — indent 3 — introductory part








Text proposed by the Commission




Amendment











—


the addition to ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks of 
any
 of the following:












—


the addition to ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks of 
one or more
 of the following:









Amendment 18


Proposal for a regulation


Article 2 — paragraph 1 — point 1 — point d — point ii — introductory part








Text proposed by the Commission




Amendment











(ii)


by adding to a spirit drink any of the following:












(ii)


by adding to a spirit drink any of the following
, individually or in combination
:









Amendment 19


Proposal for a regulation


Article 2 — paragraph 1 — point 1 — point d — point ii — indent 4 a (new)








Text proposed by the Commission




Amendment





 








—




drinks;











Amendment 20


Proposal for a regulation


Article 2 — paragraph 1 — point 3 — introductory part








Text proposed by the Commission




Amendment











(3)


‘mixture’ means a spirit drink listed in Part I of Annex II or corresponding to a geographical indication mixed with 
any
 of the following:












(3)


‘mixture’ means a spirit drink listed in Part I of Annex II or corresponding to a geographical indication mixed with 
one or more
 of the following:









Amendment 21


Proposal for a regulation


Article 2 — paragraph 1 — point 3 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






ethyl alcohol of agricultural origin;











Amendment 22


Proposal for a regulation


Article 2 — paragraph 1 — point 4 — introductory part








Text proposed by the Commission




Amendment











(4)


‘compound term’ means the combination of the terms of a sales denomination of a spirit drink provided for in Part I of Annex II or the terms of a geographical indication, describing a spirit drink, from which all the alcohol of the final product originates, with 
any
 of the following:












(4)


‘compound term’ means the combination of the terms of a sales denomination of a spirit drink provided for in Part I of Annex II or the terms of a geographical indication, describing a spirit drink, from which all the alcohol of the final product originates, with 
one or more
 of the following:









Amendment 23


Proposal for a regulation


Article 2 — paragraph 1 — point 6








Text proposed by the Commission




Amendment











(6)


‘geographical indication’ means 
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 characteristic of that spirit drink is essentially attributable to its geographical origin;












(6)


‘geographical indication’
means a name that has been registered in accordance with this Regulation, 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 characteristic of that spirit drink is essentially attributable to its geographical origin;









Amendment 24


Proposal for a regulation


Article 2 — paragraph 1 — point 7








Text proposed by the Commission




Amendment











(7)


‘product specification’ means a file attached to the application for the protection of a geographical indication setting out the specifications which the spirit drink must comply with;












(7)


‘product specification’ means a file attached to the application for the protection of a geographical indication setting out the specifications which the spirit drink must comply with 
and corresponding to the ‘technical file’ referred to in Regulation (EC) No 110/2008
;









Amendment 25


Proposal for a regulation


Article 2 — paragraph 1 — point 11 a (new)








Text proposed by the Commission




Amendment





 










(11a)





‘group’ means a pool of producers, processors or importers of spirit drinks which are organised in a sector-specific manner and generate a significant turnover;










Amendment 26


Proposal for a regulation


Article 2 — paragraph 1 — point 11 b (new)








Text proposed by the Commission




Amendment





 










(11b)





‘of agricultural origin’ means obtained from agricultural products listed in Annex I to the TFEU.










Amendment 27


Proposal for a regulation


Article 3 — paragraph 1








Text proposed by the Commission




Amendment






1.   The alcohol used in the production of 
alcoholic beverages
 and to dilute or dissolve colours, flavourings or any other authorised additives used in the preparation of 
alcoholic beverages
 shall be ethyl alcohol of agricultural origin.




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






Amendment 28


Proposal for a regulation


Article 3 — paragraph 2








Text proposed by the Commission




Amendment






2.   Distillates used in the production of 
alcoholic beverages
 and to dilute or dissolve colours, flavourings or any other authorised additives used in the preparation of 
alcoholic beverages
 shall exclusively be of agricultural origin.




2.   Distillates used in the production of 
spirit drinks
 and to dilute or dissolve colours, flavourings or any other authorised additives used in the preparation of 
spirit drinks
 shall exclusively be of agricultural origin.






Amendment 29


Proposal for a regulation


Article 3 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
Where ethyl alcohol or distillates of agricultural origin are to be marketed, the raw materials from which they have been obtained shall be specified in their electronic accompanying documents.








Amendment 30


Proposal for a regulation


Article 4 — paragraph 1 — point e








Text proposed by the Commission




Amendment











(e)




solely
 be sweetened 
in accordance with point (3) of Annex I and in order
 to round off the final taste of the product.












(e)




not
 be sweetened 
except
 to round off the final taste of the product. 
The maximum content of sweetening products expressed as invert sugar shall not exceed the thresholds set out for each category in Annex II.











Amendment 31


Proposal for a regulation


Article 4 — paragraph 2 — point e








Text proposed by the Commission




Amendment











(e)


be sweetened 
to correspond to particular product characteristics and in accordance with point (3) of Annex I and taking into account the relevant legislation of the Member States
.












(e)


be sweetened.









Amendment 32


Proposal for a regulation


Article 4 — paragraph 3 — point e








Text proposed by the Commission




Amendment











(e)


be sweetened 
to correspond to particular product characteristics and in accordance with point (3) of Annex I
.












(e)


be sweetened.









Amendment 33


Proposal for a regulation


Article 5








Text proposed by the Commission




Amendment





Article 5


Article 5




Delegated powers


Delegated powers





1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning:




1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning:













(a)




the amendment of the technical definitions provided for in Annex I;












(a)


the amendment of the technical definitions provided for in Annex I.
















(b)






the amendment of the requirements of the categories of spirit drinks provided for in Part I of Annex II and the specific rules concerning certain spirit drinks listed in Part II of Annex II.








 




The delegated acts referred to 
in points (a) and (b) of
 the first subparagraph shall be limited to meeting demonstrated needs resulting from evolving consumer demands, technological progress, developments in relevant international standards or needs for product innovation.


The delegated acts referred to in 
point
 (a) of the first subparagraph shall, 
while allowing for the importance of traditional practice within Member States
 be limited to meeting demonstrated needs resulting from evolving consumer demands, technological progress, developments in relevant international standards or needs for product innovation.







2.
   
The Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning the addition of new categories of spirit drinks in Annex II.





 






A new category may be added under the following conditions:




 












(a)






the marketing of a spirit drink under a particular name and in accordance with uniform technical specifications is economically and technically necessary to protect the interests of consumers and producers;








 












(b)






a spirit drink has a significant market share in at least one Member State;








 












(c)






the name chosen for the new category shall either be a widely used name or where this is not possible be of a descriptive nature, in particular, by referring to the raw material used for the production of the spirit drink;








 












(d)






the technical specifications for the new category shall be laid down and based on an evaluation of existing quality and production parameters used on the Union market. When laying down the technical specifications, the applicable Union consumer protection legislation shall be respected and account shall be taken of any relevant international standards. They shall ensure fair competition amongst union producers as well as the high reputation of Union spirit drinks.








 





3.   The Commission shall, in exceptional cases where the law of the importing third country so requires, also be empowered to adopt delegated acts in accordance with Article 43 concerning derogations from the requirements under the technical definitions provided for in Annex I, the requirements under the categories of spirit drinks provided for in Part I of Annex II and the specific rules concerning certain spirit drinks listed in Part II of Annex II.




3.   The Commission shall, in exceptional cases where the law of the importing third country so requires, also be empowered to adopt delegated acts in accordance with Article 43 concerning derogations from the requirements under the technical definitions provided for in Annex I, the requirements under the categories of spirit drinks provided for in Part I of Annex II and the specific rules concerning certain spirit drinks listed in Part II of Annex II.






Amendment 34


Proposal for a regulation


Article 8 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 





1a.
   
The names of raw materials or plant names which are reserved for the designation of drinks belonging to certain spirit drink product categories may be used in the description and presentation of all foods, including spirit drinks, provided that, in particular in the case of spirits, it is ensured that consumers are not misled.








Amendment 35


Proposal for a regulation


Article 8 — paragraph 3








Text proposed by the Commission




Amendment






3.   Where a spirit drink meets the requirements of more than one of the categories of spirit drinks 
15 to 47 of
 Part I of Annex II, it may be 
sold
 under one or more of the 
relevant
 sales denominations provided for under those categories.




3.   Where a spirit drink meets the requirements of more than one of the categories of spirit drinks 
listed in
 Part I of Annex II, it may be 
placed on the market
 under one or more of the sales denominations provided for under those categories.






Amendment 36


Proposal for a regulation


Article 8 — paragraph 4 — subparagraph 2 — introductory part








Text proposed by the Commission




Amendment





If a 
sales denomination
 is supplemented or replaced in accordance with point (a) of the first subparagraph, the geographical indication referred to in that point may only be supplemented either:


If a 
legal name
 is supplemented or replaced in accordance with point (a) of the first subparagraph, the geographical indication referred to in that point may only be supplemented either:





Amendment 37


Proposal for a regulation


Article 8 — paragraph 4 — subparagraph 2 — point a








Text proposed by the Commission




Amendment











(a)


by terms already in use on 20 February 2008 for existing geographical indications within the meaning of Article 34(1); or












(a)


by terms already in use on 20 February 2008 for existing geographical indications within the meaning of Article 34(1)
, including the terms traditionally used in Member States to indicate that a product has a protected designation of origin under national law
; or









Amendment 38


Proposal for a regulation


Article 8 — paragraph 4 — subparagraph 2 — point b








Text proposed by the Commission




Amendment











(b)


by terms 
indicated in
 the relevant product specification.












(b)


by 
any
 terms 
permitted by
 the relevant product specification.









Amendment 39


Proposal for a regulation


Article 9 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


the alcohol used in the production of the foodstuffs originates exclusively from the spirit drinks referred to in the compound term or in the allusion(s), except for ethyl alcohol that may be 
present in
 flavourings used for the production of that foodstuff; and












(a)


the alcohol used in the production of the foodstuffs originates exclusively from the spirit drinks referred to in the compound term or in the allusion(s), except for ethyl alcohol 
of agricultural origin
 that may be 
used as a carrier for
 flavourings used for the production of that foodstuff; and









Amendment 40


Proposal for a regulation


Article 9 — paragraph 5








Text proposed by the Commission




Amendment






5.   The allusion to any spirit drink category or geographical indication, for the presentation of a foodstuff, shall not be in the same line as the sales denomination. Without prejudice to the second subparagraph of Article 10(3), for the presentation of alcoholic beverages, the allusion shall appear in a font size smaller than those used for the sales denomination and compound term.




5.   
Without prejudice to Article 13(1) of Regulation (EU) No 1169/2011,
 the allusion to any spirit drink category or geographical indication, for the presentation of a foodstuff, shall not be in the same line as the sales denomination. Without prejudice to the second subparagraph of Article 10(3) 
of this Regulation
, for the presentation of alcoholic beverages, the allusion shall appear in a font size smaller than those used for the sales denomination and compound term.






Amendment 41


Proposal for a regulation


Article 9 a (new)








Text proposed by the Commission




Amendment





 




Article 9a






 




Labelling in the case of added alcohol






 




Where there has been addition of alcohol, as defined in point (4) of Annex I, diluted or not, to a spirit drink listed in categories 1 to 14 of Annex II, that spirit drink shall bear the sales denomination ‘spirit drink’. It may not bear a name reserved in categories 1 to 14.







Amendment 42


Proposal for a regulation


Article 10 — paragraph 1 — subparagraph 1








Text proposed by the Commission




Amendment





A mixture shall bear the sales denomination ‘spirit drink’.


A mixture shall bear the sales denomination ‘spirit drink’
which shall be displayed clearly in a prominent place on the label
.





Amendment 43


Proposal for a regulation


Article 11 — paragraph 3








Text proposed by the Commission




Amendment






3.   A maturation period or age may only be specified in the presentation or labelling of a spirit drink where it refers to the youngest alcoholic component and provided that the spirit drink 
was aged
 under supervision of the tax authorities of a Member State or 
a
 supervision affording equivalent guarantees.




3.   A maturation period or age may only be specified in the presentation or labelling of a spirit drink where it refers to the youngest alcoholic component and provided that 
all the operations to age
 the spirit drink 
took place
 under supervision of the tax authorities of a Member State or supervision affording equivalent guarantees. 
The Commission shall set up a public register listing the bodies appointed by each Member State to supervise ageing processes.








Amendment 44


Proposal for a regulation


Article 11 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
Where a maturation or ageing period is stated in the presentation or labelling of a spirit drink, it shall also be stated in the electronic accompanying document.








Amendment 45


Proposal for a regulation


Article 11 — paragraph 3 b (new)








Text proposed by the Commission




Amendment





 





3b.
   
By way of derogation from paragraph 3 of this Article, in the case of brandy that has been aged using the dynamic ageing system or ‘criaderas y solera’ system, the average age, calculated as described in Annex IIa, may only be mentioned in the presentation or labelling provided that the ageing of the brandy has been subject to a control system authorised by the competent authority. The average age in the labelling of brandy shall be expressed in years and shall include a reference to the ‘criaderas y solera’ system.








Amendment 46


Proposal for a regulation


Article 12 — paragraph 1








Text proposed by the Commission




Amendment






1.   Where the origin of a spirit drink is indicated, it shall correspond to the 
country or territory of origin in accordance with Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council

 (16)

.






1.   Where the origin of a spirit drink is indicated, it shall correspond to the 
place or region where the stage in the production process of the finished product which conferred on the spirit drink its character and essential qualities took place.








Amendment 47


Proposal for a regulation


Article 13 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




Without prejudice to the first paragraph, in the case of spirit drinks produced in the Union and intended for export, the geographical indications and the terms indicated in italics in Annex II may be accompanied by translation where such translation is a legal requirement of the importing country.







Amendment 48


Proposal for a regulation


Article 14








Text proposed by the Commission




Amendment





Article 14


Article 14




Use of a Union symbol for 
protected
 geographical indications


Use of a Union symbol for geographical indications




The Union symbol for the protected geographical 
indication
 may be used for the labelling 
and presentation
 of spirit drinks.


The Union symbol for the protected geographical 
indications adopted under Article 12(7) of Regulation (EU) No 1151/2012
 may be used for the 
presentation and
 labelling of spirit drinks 
with a geographical indication
.





Amendment 49


Proposal for a regulation


Article 16








Text proposed by the Commission




Amendment





Article 16


Article 16




Delegated powers


Delegated powers





1.   In order to take into account evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning:




1.   In order to take into account evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing, 
whilst at the same time ensuring consumer protection and taking into account traditional practice
, the Commission shall be empowered to adopt delegated acts, 
supplementing this Regulation
, in accordance with Article 43 concerning:











(a)


amendments to the rules on indications on the label of spirits drinks concerning compound terms or allusions;












(a)


amendments to the rules on indications on the label of spirits drinks concerning compound terms or allusions;














(b)


amendments to the rules on the presentation and labelling of mixtures; and












(b)


amendments to the rules on the presentation and labelling of mixtures; and














(c)


updating and completing Union reference methods for the analysis of spirit drinks.












(c)


updating and completing Union reference methods for the analysis of spirit drinks.









2.   In order to take into account traditional ageing processes in the Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning derogations from Article 11(3) concerning the specification of a maturation period or age in the presentation or labelling of a spirit drink.




2.   In order to take into account traditional ageing processes in the Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning derogations from Article 11(3) concerning the specification of a maturation period or age in the presentation or labelling of a spirit drink.








3.
   
In exceptional cases where the law of the importing third country so requires, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning derogations from the provisions on presentation and labelling contained in this Chapter.





 





Amendment 50


Proposal for a regulation


Article 18 — paragraph 1








Text proposed by the Commission




Amendment






1.   
Protected
 geographical indications may be used by any operator marketing a spirit drink produced in conformity with the corresponding product specification.




1.   Geographical indications may be used by any operator marketing a spirit drink produced in conformity with the corresponding product specification.






Amendment 51


Proposal for a regulation


Article 18 — paragraph 2 — introductory part








Text proposed by the Commission




Amendment






2.   
Protected
 geographical indications and the spirit drinks using those protected names in conformity with the product specification shall be protected against:




2.   Geographical indications and the spirit drinks using those protected names in conformity with the product specification shall be protected against:






Amendment 52


Proposal for a regulation


Article 18 — paragraph 2 — point a — point i








Text proposed by the Commission




Amendment











(i)


by comparable products not complying with the product specification of the protected name; or












(i)


by comparable products not complying with the product specification of the protected name
, including when those products are used as an ingredient
; or









Amendment 53


Proposal for a regulation


Article 18 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(b)


any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar;












(b)


any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type
’, ‘sort
’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar
, including when those products are used as an ingredient
;









Amendment 54


Proposal for a regulation


Article 18 — paragraph 2 — point c








Text proposed by the Commission




Amendment











(c)


any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the 
inner or outer packaging, advertising material or documents relating to the product concerned, and the packing
 of the product 
in a container
 liable to convey a false impression as to its origin;












(c)


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









Amendment 55


Proposal for a regulation


Article 18 — paragraph 3








Text proposed by the Commission




Amendment






3.   
Protected
 geographical indications shall not become generic in the Union within the meaning of Article 32(1).




3.   Geographical indications shall not become generic in the Union within the meaning of Article 32(1).






Amendment 56


Proposal for a regulation


Article 18 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
The protection for geographical indications referred to in paragraph 2 shall also apply to goods entering the customs territory of the Union without being released for free circulation within the Union.








Amendment 57


Proposal for a regulation


Article 18 — paragraph 4








Text proposed by the Commission




Amendment






4.   Member States shall take the steps necessary to stop the unlawful use of 
protected
 geographical indications as referred to in paragraph 2.




4.   Member States shall take the steps necessary to stop the unlawful use of geographical indications as referred to in paragraph 2.






Amendment 58


Proposal for a regulation


Article 18 — paragraph 4 a (new)








Text proposed by the Commission




Amendment





 





4a.
   
Member States may apply the provisions laid down in Articles 61 to 72 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council, establishing a common organisation of the markets in agricultural products, to areas where wines suitable for producing spirit drinks with a geographical indication are produced. For the purposes of those provisions, the areas concerned may be treated as areas where wines with a protected designation of origin or protected geographical indication may be produced.








Amendment 59


Proposal for a regulation


Article 19 — paragraph 1 — point e








Text proposed by the Commission




Amendment











(e)


a description of the method of 
obtaining
 the spirit drink and, where appropriate, the authentic and unvarying local methods as well as information on packaging, if the applicant group so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services;












(e)


a description of the method of 
producing
 the spirit drink and, where appropriate, the authentic and unvarying local methods as well as information on packaging, if the 
applicant or
 applicant group 
(hereinafter referred to together as ‘applicant’)
 so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services;









Amendment 60


Proposal for a regulation


Article 19 — paragraph 1 — point f








Text proposed by the Commission




Amendment











(f)


details 
establishing the
 link 
between a given quality, reputation or other characteristic of the spirit drink and
 the geographical 
area referred to in point (d)
;












(f)




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









Amendment 61


Proposal for a regulation


Article 20 — paragraph 1 — subparagraph 1 — point a








Text proposed by the Commission




Amendment











(a)


the names and addresses of the applicant 
group
 and of the authorities or, if available, the bodies verifying compliance with the provisions of the product specification;












(a)


the names and addresses of the applicant and of the authorities or, if available, the bodies verifying compliance with the provisions of the product specification;









Amendment 62


Proposal for a regulation


Article 20 — paragraph 1 — subparagraph 1 — point c — point i








Text proposed by the Commission




Amendment











(i)


the main points of the product specification: the name, a description of the spirit drink, including, where appropriate, specific rules concerning packaging and labelling, and a concise definition of the geographical area;












(i)


the main points of the product specification: the name, 
category,
 a description of the spirit drink, including, where appropriate, specific rules concerning packaging and labelling, and a concise definition of the geographical area;









Amendment 63


Proposal for a regulation


Article 20 — paragraph 2 — point a








Text proposed by the Commission




Amendment











(a)


the name and address of the applicant 
group
;












(a)


the name and address of the applicant;









Amendment 64


Proposal for a regulation


Article 20 — paragraph 2 — point c








Text proposed by the Commission




Amendment











(c)


a declaration by the Member State that it considers that the application lodged by the applicant 
group
 and qualifying for the favourable decision meets the conditions of this Regulation and the provisions adopted pursuant thereto;












(c)


a declaration by the Member State that it considers that the application lodged by the applicant and qualifying for the favourable decision meets the conditions of this Regulation and the provisions adopted pursuant thereto;









Amendment 65


Proposal for a regulation


Article 21 — paragraph 1 — subparagraph 3








Text proposed by the Commission




Amendment





A joint application shall be submitted to the Commission by a Member State concerned, or by an applicant 
group
 in a third country concerned, directly or through the authorities of that third country. It shall include the declaration referred to in point (c) of Article 20(2) from all the Member States concerned. The requirements laid down in Article 20 shall be fulfilled in all Member States and third countries concerned.


A joint application shall be submitted to the Commission by a Member State concerned, or by an applicant in a third country concerned, directly or through the authorities of that third country. It shall include the declaration referred to in point (c) of Article 20(2) from all the Member States concerned. The requirements laid down in Article 20 shall be fulfilled in all Member States and third countries concerned.





Amendment 66


Proposal for a regulation


Article 21 — paragraph 5








Text proposed by the Commission




Amendment






5.   Where the application relates to a geographical area in a third country the application shall be lodged with the Commission
, either directly or
 via the authorities of the third country concerned.




5.   Where the application relates to a geographical area in a third country the application shall be lodged with the Commission via the authorities of the third country concerned.






Amendment 67


Proposal for a regulation


Article 22








Text proposed by the Commission




Amendment







Article 22






deleted








Transitional national protection




 







1.
   
A Member State may, on a transitional basis only, grant protection to a name under this Regulation at national level, with effect from the date on which an application is lodged with the Commission.





 







2.
   
Such national protection shall cease on the date on which either a decision on registration under this Regulation is taken or the application is withdrawn.





 







3.
   
Where a name is not registered under this Chapter, the consequences of such national protection shall be the sole responsibility of the Member State concerned.





 







4.
   
The measures taken by Member States under paragraph 1 shall produce effects at national level only, and they shall have no effect on intra-Union or international trade.





 





Amendment 68


Proposal for a regulation


Article 23 — paragraph 1








Text proposed by the Commission




Amendment






1.   The Commission shall scrutinise by appropriate means any application that it receives pursuant to Article 21, in order to check that it is justified and that it meets the conditions of this Chapter. This scrutiny 
should
 not exceed a period of 
12
 months. Where this period is exceeded, the Commission shall indicate in writing to the applicant the reasons for the delay.




1.   The Commission shall scrutinise by appropriate means any application that it receives pursuant to Article 21, in order to check that it is justified and that it meets the conditions of this Chapter. This scrutiny 
shall consist of a check that there are no manifest errors in the application and
, as 
a general rule, shall
 not exceed a period of 
6
 months. Where this period is exceeded, the Commission shall 
immediately
 indicate in writing to the applicant the reasons for the delay.





The Commission shall, at least each month, make public the list of names for which registration applications have been submitted to it, as well as their date of submission.


The Commission shall, at least each month, make public the list of names for which registration applications have been submitted to it, as well as their date of submission.





Amendment 69


Proposal for a regulation


Article 27 — paragraph 1








Text proposed by the Commission




Amendment






1.   Where, on the basis of the information available to the Commission from the scrutiny carried out pursuant to the first subparagraph of Article 23(1), the Commission considers that the conditions for registration are not fulfilled, it shall adopt 
implementing acts rejecting the application. Those implementing acts shall be adopted
 in accordance with 
the examination procedure referred to in Article 44(2)
.




1.   Where, on the basis of the information available to the Commission from the scrutiny carried out pursuant to the first subparagraph of Article 23(1), the Commission considers that the conditions for registration are not fulfilled, it shall adopt 
delegated acts supplementing this Regulation,
 in accordance with 
Article 43, rejecting the application
.






Amendment 70


Proposal for a regulation


Article 27 — paragraph 2








Text proposed by the Commission




Amendment






2.   If the Commission receives no notice of opposition or no admissible reasoned statement of opposition under Article 24, it shall adopt 
implementing acts, without applying the procedure referred to in
 Article 
44(2)
, registering the name.




2.   If the Commission receives no notice of opposition or no admissible reasoned statement of opposition under Article 24, it shall adopt 
delegated acts supplementing this Regulation, in accordance with
 Article 
43
, registering the name.






Amendment 71


Proposal for a regulation


Article 27 — paragraph 3 — point a








Text proposed by the Commission




Amendment











(a)


if an agreement has been reached, 
register the name by means of implementing acts adopted without applying the procedure referred to in Article 44(2),
 and, if necessary, amend the information published pursuant to Article 23(2) provided such amendments are not substantial; or












(a)


if an agreement has been reached, 
adopt delegated acts supplementing this Regulation, in accordance with Article 43, to register the name
 and, if necessary, amend the information published pursuant to Article 23(2) provided such amendments are not substantial; or









Amendment 72


Proposal for a regulation


Article 27 — paragraph 3 — point b








Text proposed by the Commission




Amendment











(b)


if an agreement has not been reached, adopt 
implementing acts deciding on the registration. Those implementing acts shall be adopted
 in accordance with 
the examination procedure referred to in Article 44(2)
.












(b)


if an agreement has not been reached, adopt 
delegated acts supplementing this Regulation,
 in accordance with 
Article 43, deciding on the registration
.









Amendment 73


Proposal for a regulation


Article 28 — paragraph 1 — subparagraph 2 a (new)








Text proposed by the Commission




Amendment





 




Where national law applies, the application shall follow the procedure laid down in national law.







Amendment 74


Proposal for a regulation


Article 28 — paragraph 3








Text proposed by the Commission




Amendment






3.   The scrutiny of the application shall 
focus on
 the proposed amendment.




3.   The scrutiny of the application shall 
only address
 the proposed amendment.






Amendment 75


Proposal for a regulation


Article 29 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment





The Commission 
may
, on its own initiative or at the request of any natural or legal person having a legitimate interest, 
adopt implementing acts
 to cancel the registration of a geographical indication in the following cases:


The Commission 
is empowered to adopt delegated acts supplementing this Regulation, in accordance with Article 43
, on its own initiative or at the request of any natural or legal person having a legitimate interest, 
in order
 to cancel the registration of a geographical indication in the following cases:





Amendment 76


Proposal for a regulation


Article 29 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


where no product is placed on the market under the geographical indication for at least seven years.












(b)


where no product is placed on the market under the geographical indication for at least seven 
consecutive
 years.









Amendment 77


Proposal for a regulation


Article 29 — paragraph 3








Text proposed by the Commission




Amendment







The implementing acts referred to in the first paragraph shall be adopted in accordance with the examination procedure referred to in Article 44(2).






deleted







Amendment 78


Proposal for a regulation


Article 29 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 




Acts to cancel the registration of geographical indications shall be published in the Official Journal of the European Union.







Amendment 79


Proposal for a regulation


Article 30 — paragraph 1








Text proposed by the Commission




Amendment





The Commission shall adopt 
implementing
 acts, 
without applying the procedure referred to in
 Article 
44(2)
, establishing and maintaining a publicly accessible updated electronic register of geographical indications of spirit drinks recognised under this scheme (‘the Register’).


The Commission shall adopt 
delegated
 acts, 
supplementing this Regulation, in accordance with
 Article 
43
, establishing and maintaining a publicly accessible updated electronic register of geographical indications of spirit drinks recognised under this scheme (‘the Register’), 
replacing and having the same legal value as Annex III to Regulation (EC) No 110/2008
. 
The Register [insert footnote with a direct link to the relevant site] shall provide direct access to all product specifications for spirit drinks registered as geographical indications.







Amendment 80


Proposal for a regulation


Article 30 — paragraph 2








Text proposed by the Commission




Amendment





The Commission 
may
 adopt 
implementing
 acts laying down detailed rules on the form and content of the Register. 
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).




The Commission 
is empowered to
 adopt 
delegated
 acts
, supplementing this Regulation, in accordance with Article 43
 laying down detailed rules on the form and content of the Register.





Amendment 81


Proposal for a regulation


Article 30 — paragraph 3








Text proposed by the Commission




Amendment





Geographical indications of spirit drinks produced in third countries that are protected in the Union pursuant to an international agreement to which the Union is a contracting party may be entered in the Register as geographical indications.


Geographical indications of spirit drinks produced in third countries that are protected in the Union pursuant to an international agreement to which the Union is a contracting party may be entered in the Register as geographical indications 
only after the Commission has adopted a delegated act to that effect
.





Amendment 82


Proposal for a regulation


Article 31 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
The protection of geographical indications of spirit drinks in accordance with Article 2 of this Regulation shall be without prejudice to the protected geographical indications and designations of origin of products defined in Article 93 of Regulation (EU) No 1308/2013.








Amendment 83


Proposal for a regulation


Article 32 — paragraph 3








Text proposed by the Commission




Amendment






3.   A name shall not be protected as a geographical indication if the 
production or preparation
 steps which are compulsory for the relevant category of spirit drink, do not take place in the relevant geographical area.




3.   A name shall not be protected as a geographical indication if the steps which are compulsory for the relevant category of spirit drink, do not take place in the relevant geographical area.






Amendment 84


Proposal for a regulation


Article 34








Text proposed by the Commission




Amendment





Article 34


Article 34






Implementing
 powers with respect to existing 
protected
 geographical in dications


Powers with respect to existing geographical indications







1.
   
Without prejudice to paragraph 2,
 geographical indications of spirit drinks protected under Regulation (EC) No 110/2008, shall automatically be protected as geographical indications under this Regulation. The Commission shall list them in the Register.



Geographical indications of spirit drinks protected under Regulation (EC) No 110/2008, shall automatically be protected as geographical indications under this Regulation. The Commission shall list them in the Register.







2.
   
For a period of up to two years following the entry into force of this Regulation, the Commission, by means of implementing acts, may, on its own initiative, cancel the protection of geographical indications referred to in Article 20 of Regulation (EU) No 110/2008 if they do not comply with point (6) of Article 2(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).





 





Amendment 85


Proposal for a regulation


Article 35 — paragraph 1 — subparagraph 1 — point b








Text proposed by the Commission




Amendment











(b)




control
 body within the meaning of point 5 of 
the second subparagraph of
 Article 
2
 of Regulation (
EC
) 
No 882/2004
 of the European Parliament and of the Council (19), operating as a product certification body.












(b)




delegated
 body within the meaning of point 5 of Article 
3
 of Regulation (
EU
) 
2017/625
 of the European Parliament and of the Council (19), operating as a product certification body.









Amendment 86


Proposal for a regulation


Article 35 — paragraph 1 — subparagraph 2








Text proposed by the Commission




Amendment





Notwithstanding the national legislation of Member States, the costs of such verification of compliance with the product specification shall be borne by the 
food business
 operators which are subject to those controls.


Notwithstanding the national legislation of Member States, the costs of such verification of compliance with the product specification shall be borne by the operators which are subject to those controls.





Amendment 87


Proposal for a regulation


Article 35 — paragraph 5








Text proposed by the Commission




Amendment






5.   The competent authorities or bodies referred to in paragraphs 1 and 2 verifying compliance of the 
protected
 geographical indication with the product specification shall be objective and impartial. They shall have at their disposal the qualified staff and resources necessary to carry out their tasks.




5.   The competent authorities or bodies referred to in paragraphs 1 and 2 verifying compliance of the geographical indication with the product specification shall be objective and impartial. They shall have at their disposal the qualified staff and resources necessary to carry out their tasks.






Amendment 88


Proposal for a regulation


Article 37 — paragraph 1








Text proposed by the Commission




Amendment






1.   Procedures and requirements laid down in Regulation (
EC
) 
No 882/2004
 shall apply mutatis mutandis to the checks provided for in Articles 35 and 36 of this Regulation.




1.   Procedures and requirements laid down in Regulation (
EU
) 
2017/625
 shall apply mutatis mutandis to the checks provided for in Articles 35 and 36 of this Regulation.






Amendment 89


Proposal for a regulation


Article 37 — paragraph 2








Text proposed by the Commission




Amendment






2.   Member States shall ensure that activities for the control of obligations under this Chapter are specifically included in a separate section within the multi-annual national control plans in accordance with Articles 
41 to 43
 of Regulation (
EC
) 
No 882/2004
.




2.   Member States shall ensure that activities for the control of obligations under this Chapter are specifically included in a separate section within the multi-annual national control plans in accordance with Articles 
109 to 111
 of Regulation (
EU
) 
2017/625
.






Amendment 90


Proposal for a regulation


Article 37 — paragraph 3








Text proposed by the Commission




Amendment






3.   The annual reports referred to in Article 
44(1)
 of Regulation (
EC
) 
No 882/2004
 shall include in a separate section the information referred to in that provision concerning the control of the obligations established by this Regulation.




3.   The annual reports referred to in Article 
113(1)
 of Regulation (
EU
) 
2017/625
 shall include in a separate section the information referred to in that provision concerning the control of the obligations established by this Regulation.






Amendment 91


Proposal for a regulation


Article 38








Text proposed by the Commission




Amendment





Article 38


Article 38




Delegated powers


Delegated powers







1.
   
In order to take account of the specificities of the production in the demarcated geographical area, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning:





 












(a)






the additional criteria for the demarcation of the geographical area; and








 












(b)






the restrictions and derogations related to the production in the demarcated geographical area.








 







2.
   
In order to ensure product quality and traceability, the Commission may, by means of delegated acts adopted in accordance with Article 43, provide for the conditions under which the product specification may include information concerning packaging as referred to in point (e) of Article 19 or any specific labelling rule as referred to in point (h) of Article 19.





 





3.   In order to ensure the rights or legitimate interests of producers or 
food business
 operators, the Commission may, by means of delegated acts adopted in accordance with Article 43, set out:




3.   In order to ensure the rights or legitimate interests of producers or operators, the Commission may, by means of delegated acts adopted in accordance with Article 43, set out:











(a)


in which cases a single producer may apply for the protection of a geographical indication;












(a)


in which cases a single producer may apply for the protection of a geographical indication;














(b)


the conditions to be followed in respect of an application for the protection of a geographical indication, preliminary national procedures, scrutiny by the Commission, the opposition procedure and the cancellation of geographical indications, including in cases where the geographical area covers more than one country.












(b)


the conditions to be followed in respect of an application for the protection of a geographical indication, preliminary national procedures, scrutiny by the Commission, the opposition procedure and the cancellation of geographical indications, including in cases where the geographical area covers more than one country.









4.   In order to ensure that product specifications provide relevant and succinct information, the Commission shall be empowered to adopt delegated acts, in accordance with Article 43, laying down rules which limit the information contained in the product specification, where such a limitation is necessary to avoid excessively voluminous applications for registration.




4.   In order to ensure that product specifications provide relevant and succinct information, the Commission shall be empowered to adopt delegated acts, in accordance with Article 43, laying down rules which limit the information contained in the product specification, where such a limitation is necessary to avoid excessively voluminous applications for registration.






5.   In order to facilitate the administrative process of an amendment application, including where the amendment consists in a temporary change of the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or linked to natural disasters or adverse weather conditions formally recognised by the competent authorities, the Commission shall be empowered to adopt delegated acts, in accordance with Article 43, to establish conditions and requirements for the procedure concerning the amendments to be approved both by the Member States and by the Commission.




5.   In order to facilitate the administrative process of an amendment application, including where the amendment consists in a temporary change of the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or linked to natural disasters or adverse weather conditions formally recognised by the competent authorities, the Commission shall be empowered to adopt delegated acts, in accordance with Article 43, to establish conditions and requirements for the procedure concerning the amendments to be approved both by the Member States and by the Commission.






6.   In order to prevent the unlawful use of geographical indications, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning the appropriate actions to be implemented by the Member States in this respect.




6.   In order to prevent the unlawful use of geographical indications, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning the appropriate actions to be implemented by the Member States in this respect.






7.   In order to ensure the efficiency of the checks provided for in this Chapter, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning the necessary measures regarding the notification of 
food business
 operators to the competent authorities.




7.   In order to ensure the efficiency of the checks provided for in this Chapter, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning the necessary measures regarding the notification of operators to the competent authorities.






Amendment 92


Proposal for a regulation


Article 40 — paragraph 1








Text proposed by the Commission




Amendment






1.   Member States shall be responsible for checks on spirit drinks. They shall take the measures necessary to ensure compliance with this Regulation and designate the competent authorities responsible on compliance with this Regulation.




1.   Member States shall be responsible for checks on spirit drinks
, in accordance with Regulation (EU) 2017/625
. They shall take the measures necessary to ensure compliance with this Regulation and designate the competent authorities responsible on compliance with this Regulation.






Amendment 93


Proposal for a regulation


Article 43 — paragraph 2








Text proposed by the Commission




Amendment






2.   The power to adopt delegated acts referred to in Articles 5, 16, 38, 41 
and
 46(2) shall be conferred on the Commission for 
an indeterminate
 period of 
time from
 the entry into force of this Regulation.




2.   The power to adopt delegated acts referred to in Articles 5, 16, 
27, 29, 30,
 38, 41 and 46(2) shall be conferred on the Commission for 
a
 period of 
five years from … [OJ please insert the date of
 the entry into force of this Regulation
]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period
.






Amendment 94


Proposal for a regulation


Article 46 — paragraph 3 — subparagraph 1








Text proposed by the Commission




Amendment






3.   Articles 19 to 23, 28 and 29 shall apply to applications for protection, applications for amendment and cancellations submitted after the date of application of this Regulation.




3.   Articles 19 to 23, 28 and 29 shall apply to applications for protection, applications for amendment and cancellations submitted after the date of application of this Regulation. 
Reference to product specifications as defined in point 7 of Article 2(1) shall also be taken to include the technical files of spirit drinks protected under Regulation (EC) No 110/2008 where appropriate and, in particular, with respect to this Article and Articles 18, 28, 29, 35, 38 and 39 of this Regulation.








Amendment 95


Proposal for a regulation


Annex I — paragraph 1 — point 1 a (new)








Text proposed by the Commission




Amendment





 










(1a)





‘Of agricultural origin’ means obtained from agricultural products listed in Annex I to the TFEU;










Amendment 96


Proposal for a regulation


Annex I — paragraph 1– point 1 b (new)








Text proposed by the Commission




Amendment





 










(1b)





‘Distillation’ a procedure whereby a mixture of substances containing alcohol or an alcoholic liquid is heated and the resulting steam is then condensed again (liquefied). This thermal procedure aims either to separate substances in the original mixture or to strengthen certain sensory characteristics of the alcoholic liquid. Distillation is carried out either once or more than once, depending on the product category, production method or the equipment used.










Amendment 98


Proposal for a regulation


Annex I — paragraph 1 — point 2 — paragraph 2








Text proposed by the Commission




Amendment





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


Where reference is made to the raw materials used, the distillate must be obtained exclusively from 
those
 raw materials.





Amendment 99


Proposal for a regulation


Annex I — paragraph 1 — point 2 a (new)








Text proposed by the Commission




Amendment





 










(2a)





In the context of this Regulation, the general term ‘distillation’ is used for both single and multiple distillation or re-distillation.










Amendment 100


Proposal for a regulation


Annex I — paragraph 1 — point 3 — point e a (new)








Text proposed by the Commission




Amendment





 










(ea)






stevia;











Amendment 101


Proposal for a regulation


Annex I — paragraph 1 — point 3 — point f








Text proposed by the Commission




Amendment











(f)


any other natural 
carbohydrate substances
 having a similar effect to the products referred to in points (a) to (e).












(f)


any other natural 
substances or agricultural raw materials
 having a similar effect to the products referred to in points (a) to (e).









Amendment 102


Proposal for a regulation


Annex I — paragraph 1 — point 4








Text proposed by the Commission




Amendment











(4)


‘Addition of alcohol’ means the addition of ethyl alcohol of agricultural origin or distillates of agricultural origin or both to a spirit drink.












(4)


‘Addition of alcohol’ means the addition of ethyl alcohol of agricultural origin or distillates of agricultural origin or both to a spirit drink. 
The use of alcohol of agricultural origin for dilution or dissolution of colours, flavouring or any other authorised additives used in the preparation of spirit drinks shall not be considered as addition of alcohol.











Amendment 103


Proposal for a regulation


Annex I — paragraph 1 — point 8 a (new)








Text proposed by the Commission




Amendment





 










(8a)





‘Flavouring’ means the addition of flavourings or food ingredients with flavouring properties in the preparation of a spirit drink.










Amendment 104


Proposal for a regulation


Annex I — paragraph 1 — point 14








Text proposed by the Commission




Amendment











(14)


‘Colouring’ means using in the 
preparation
 of a spirit drink one or more colours, as defined in point 2 of Annex I to Regulation (EC) No 1333/2008.












(14)


‘Colouring’ means using in the 
production
 of a spirit drink one or more colours, as defined in point 2 of Annex I to Regulation (EC) No 1333/2008.









Amendment 105


Proposal for a regulation


Annex I — paragraph 1 — point 16 a (new)








Text proposed by the Commission




Amendment





 










(16a)





‘Place of manufacture’ means the place or region where the stage in the production process of the finished product, which conferred on the spirit drink its character and essential definitive qualities, took place.










Amendment 106


Proposal for a regulation


Annex I — paragraph 1 — point 16 b (new)








Text proposed by the Commission




Amendment





 










(16b)





‘Description’ means the terms used on the labelling, presentation, and packaging; in the documents accompanying the transport of a drink; in the commercial documents, particularly the invoices and delivery notes; and used in advertisements for the drink.










Amendment 107


Proposal for a regulation


Annex II –part I — category 1 — point a — point ii








Text proposed by the Commission




Amendment











(ii)


a spirit drink produced exclusively by alcoholic fermentation and distillation of sugar-cane juice which has the aromatic characteristics specific to rum and a volatile substances content equal to or exceeding 225 grams per hectolitre of 100 % vol. alcohol. This spirit drink may be placed on the market with the word ‘agricultural’ qualifying the 
sales denomination
‘rum’ accompanied by 
any
 registered geographical indications of the French Overseas Departments and the Autonomous Region of Madeira.












(ii)


a spirit drink produced exclusively by alcoholic fermentation and distillation of sugar-cane juice which has the aromatic characteristics specific to rum and a volatile substances content equal to or exceeding 225 grams per hectolitre of 100 % vol. alcohol. This spirit may be placed on the market with the word ‘agricultural’ qualifying the 
legal name
‘rum’
only when it is
 accompanied by 
one of the
 registered geographical indications of the French Overseas Departments and the Autonomous Region of Madeira.









Amendment 108


Proposal for a regulation


Annex II — part I — category 1 — point f a (new)








Text proposed by the Commission




Amendment





 










(fa)






Rum may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.











Amendment 109


Proposal for a regulation


Annex II — part I — category 2 — title








Text proposed by the Commission




Amendment











2.


Whisky or Whiskey












2.



Whisky or Whiskey









 



(The words ‘Whisky or Whiskey’ are to appear in italics if adopted.)






Amendment 110


Proposal for a regulation


Annex II — part I — category 2 — point c








Text proposed by the Commission




Amendment











(c)


No addition of alcohol as defined in point 
(54)
 of Annex I, diluted or not, shall take place.












(c)


No addition of alcohol as defined in point 
(4)
 of Annex I, diluted or not, shall take place.









Amendment 111


Proposal for a regulation


Annex II — part I — category 2 — point d








Text proposed by the Commission




Amendment











(d)



Whisky or whiskey shall not be sweetened or flavoured, nor contain any additives other than plain caramel used for colouring.












(d)



Whisky or whiskey shall not be sweetened or flavoured, nor contain any additives other than plain caramel 
(E150a)
 used for colouring.









Amendment 112


Proposal for a regulation


Annex II — part I — category 3 — point b








Text proposed by the Commission




Amendment











(b)


With the exception of ‘Korn’, the minimum alcoholic strength by volume of grain spirit shall be 
37
 %.












(b)


With the exception of ‘Korn’, the minimum alcoholic strength by volume of grain spirit shall be 
35
 %.









Amendment 113


Proposal for a regulation


Annex II — part I — category 3 — point f a (new)








Text proposed by the Commission




Amendment





 










(fa)






Grain spirit may only be sweetened by up to 10 g per litre of final product, expressed as invert sugar, in order to round off the final taste.











Amendment 114


Proposal for a regulation


Annex II — part I — category 4 — point d








Text proposed by the Commission




Amendment











(d)


Wine spirit shall not be flavoured. This shall not exclude traditional production 
methods
.












(d)


Wine spirit shall not be flavoured. This shall not exclude 
the addition of substances traditionally used in its
 production
. The Commission shall adopt delegated acts in accordance with Article 43 specifying which substances are authorised across the Union and shall be guided in so doing by traditional production processes in the individual Member States.











Amendment 115


Proposal for a regulation


Annex II — part I — category 4 — point f a (new)








Text proposed by the Commission




Amendment





 










(fa)






Wine spirit may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.











Amendment 116


Proposal for a regulation


Annex II — part I — category 4 — point f b (new)








Text proposed by the Commission




Amendment





 










(fb)






The term ‘wine spirit’ in connection with ‘vinegar’ is still authorised for the description, presentation and labelling of vinegar.











Amendment 117


Proposal for a regulation


Annex II — part I — category 5 — title








Text proposed by the Commission




Amendment











5.


Brandy or Weinbrand












5.



Brandy or Weinbrand










Amendment 118


Proposal for a regulation


Annex II — part I — category 5 — point d








Text proposed by the Commission




Amendment











(d)


Brandy or Weinbrand shall not be flavoured. This shall not exclude 
traditional
 production 
methods
.












(d)



Brandy or Weinbrand shall not be flavoured. This shall not exclude 
the addition of substances traditionally used in their
 production
. The Commission shall adopt delegated acts in accordance with Article 43 specifying which substances are authorised across the Union and shall be guided in so doing by traditional production processes in the individual Member States.











Amendment 119


Proposal for a regulation


Annex II — part I — category 5 — point e a (new)








Text proposed by the Commission




Amendment





 










(ea)






Brandy or Weinbrand may be sweetened by up to 35 g per litre of finished product, expressed as invert sugar, in order to round off the final held.










 



(The words ‘Brandy or Weinbrand’ are to appear in italics if adopted.)






Amendment 120


Proposal for a regulation


Annex II — part I — category 6 — point e a (new)








Text proposed by the Commission




Amendment





 










(ea)





Grape marc spirit or grape marc may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.











Amendment 121


Proposal for a regulation


Annex II — part I — category 7 — point a — point iv








Text proposed by the Commission




Amendment











(iv)


the maximum hydrocyanic acid content shall be 
7
 grams per hectolitre of 100 % vol. alcohol in the case of stone-fruit marc spirit;












(iv)


the maximum hydrocyanic acid content shall be 
1
 gram per hectolitre of 100 % vol. alcohol in the case of stone-fruit marc spirit; 
in the case of stone-fruit marc spirit, the ethyl carbamate content of the final product shall not exceed 1 mg/l.











Amendment 122


Proposal for a regulation


Annex II — part I — category 7 — point f a (new)








Text proposed by the Commission




Amendment





 










(fa)





Fruit marc spirit may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.











Amendment 123


Proposal for a regulation


Annex II — part I — category 8 — title








Text proposed by the Commission




Amendment











8.


Raisin spirit or raisin brandy












8.


Raisin spirit or raisin brandy










Amendment 124


Proposal for a regulation


Annex II — part I — category 8 — point e a (new)








Text proposed by the Commission




Amendment





 










(ea)





Raisin spirit or raisin brandy may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.










 



(The words ‘raisin brandy’ are to appear in italics if adopted.)






Amendment 125


Proposal for a regulation


Annex II — part I — category 9 — point a — point iv








Text proposed by the Commission




Amendment











(iv)


in the case of stone-fruit spirits, it has a hydrocyanic acid content 
not exceeding 7 grams
 per hectolitre of 100 % vol. alcohol.












(iv)


in the case of stone-fruit spirits, a hydrocyanic acid content 
of 1 gram
 per hectolitre of 100 % vol. alcohol 
shall not be exceeded
. 
In the case of stone-fruit spirits, the ethyl carbamate content of the final product shall not exceed 1 mg/l.











Amendment 126


Proposal for a regulation


Annex II — part I — category 9 — point b — point ii a (new)








Text proposed by the Commission




Amendment





 










(iia)










—




checkerberry (Sorbus torminalis (L.) Crantz),












—




sorb (Sorbus domestica L.),












—




rosehip (Rosa canina L.),















Amendment 127


Proposal for a regulation


Annex II — part I — category 9 — point f — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 




Alternatively the sales denomination ‘Obstler’ may be used for fruit spirit produced exclusively from different varieties of apples, pears or both.






 



(The word ‘Obstler’ is to appear in italics if adopted.)






Amendment 128


Proposal for a regulation


Annex II — part I — category 9 — point h








Text proposed by the Commission




Amendment











(h)


Whenever two or more fruits, berries or vegetables are distilled together, the product shall be sold under the name ‘fruit spirit’ or ‘vegetable spirit’, 
as appropriate
. The name may be supplemented by that of each fruit, berry or vegetable, in decreasing order of the quantity used.












(h)


Whenever two or more fruits, berries or vegetables are distilled together, the product shall be sold under the name ‘fruit 
and vegetable
 spirit’ or ‘vegetable 
and fruit
 spirit’, 
according to whether mashes from mainly fruit or berries or mashes from vegetables are distilled together
. The name may be supplemented by that of each fruit, berry or vegetable, in decreasing order of the quantity used.









Amendment 129


Proposal for a regulation


Annex II — part I — category 9 — point h a (new)








Text proposed by the Commission




Amendment





 










(ha)





Fruit spirit may be sweetened by up to 18 g per litre of final product, expressed as invert sugar, in order to round off the final taste.











Amendment 130


Proposal for a regulation


Annex II — part I — category 10 — point d








Text proposed by the Commission




Amendment











(d)


Neither cider spirit nor perry spirit shall be flavoured.












(d)


Neither cider spirit nor perry spirit shall be flavoured. 
However, that shall not exclude traditional production methods
.









Amendment 131


Proposal for a regulation


Annex II — part I — category 10 — point e a (new)








Text proposed by the Commission




Amendment





 










(ea)





Cider spirit and perry spirit may be sweetened by up to 15 g per litre of final product, expressed as invert sugar, in order to round off the final taste.











Amendment 132


Proposal for a regulation


Annex II — part I — category 11 — point f a (new)








Text proposed by the Commission




Amendment





 










(fa)





Honey spirit may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.











Amendment 133


Proposal for a regulation


Annex II — part I — category 12 — title








Text proposed by the Commission




Amendment











12.


Hefebrand












12.


Hefebrand

or lees spirit









 



(The words ‘or lees spirit’ are to appear in plain bold text if adopted.)






Amendment 134


Proposal for a regulation


Annex II — part I — category 12 — point a








Text proposed by the Commission




Amendment











(a)



Hefebrand or lees spirit is a spirit drink produced exclusively by the distillation at less than 86 % vol. of lees of wine or of fermented fruit.












(a)



Hefebrand or lees spirit is a spirit drink produced exclusively by the distillation at less than 86 % vol. of lees of wine or of 
lees of
 fermented fruit.









Amendment 135


Proposal for a regulation


Annex II — part I — category 12 — point f a (new)








Text proposed by the Commission




Amendment





 










(fa)






Hefebrand or lees spirit may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.










 



(The word ‘Hefebrand’ is to appear in italics if adopted.)






Amendment 136


Proposal for a regulation


Annex II — part I — category 13 — title








Text proposed by the Commission




Amendment











13.


Bierbrand or eau de vie de bière












13.



Bierbrand or eau de vie de bière










Amendment 137


Proposal for a regulation


Annex II — part I — category 13 — point e a (new)








Text proposed by the Commission




Amendment





 










(ea)






Bierbrand or eau-de-vie de bière may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.










 



(The words ‘Bierbrand or eau-de-vie de bière’ are to appear in italics if adopted.)






Amendment 138


Proposal for a regulation


Annex II — part I — category 14 — title








Text proposed by the Commission




Amendment











14.


Topinambur












14.


Topinambur

or Jerusalem artichoke spirit









 



(The words ‘Jerusalem artichoke spirit’ are to appear in plain bold text if adopted.)






Amendment 139


Proposal for a regulation


Annex II — part I — category 14 — point e a (new)








Text proposed by the Commission




Amendment





 










(ea)






Topinambur or Jerusalem artichoke spirit may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.










 



(The word ‘Topinambur’ is to appear in italics if adopted.)






Amendment 140


Proposal for a regulation


Annex II — part I — category 15 — point a — paragraph 3








Text proposed by the Commission




Amendment





Maximum levels of residue for ethyl alcohol of agricultural origin shall meet those set out in point (1) of Annex I, except that the methanol content shall not exceed 10 grams per hectolitre of 100 % vol. alcohol.


Maximum levels of residue for ethyl alcohol of agricultural origin 
used to produce vodka
 shall meet those set out in point (1) of Annex I, except that the methanol content shall not exceed 10 grams per hectolitre of 100 % vol. alcohol.





Amendment 141


Proposal for a regulation


Annex II — part I — category 15 — point b








Text proposed by the Commission




Amendment











(b)


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












(b)


The alcoholic strength by volume of vodka shall be 
not less than 37,5  % and no more than 80
 %.









Amendment 142


Proposal for a regulation


Annex II — part I — category 15 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






Vodka shall not be coloured.











Amendment 143


Proposal for a regulation


Annex II — part I — category 15 — point d








Text proposed by the Commission




Amendment











(d)


The description, presentation or labelling of vodka not produced exclusively from potatoes or cereals shall bear the indication ‘produced from ..’, supplemented by the name of the raw materials used to produce the ethyl alcohol of agricultural origin.












(d)


The description, presentation or labelling of vodka not produced exclusively from potatoes or cereals 
or both
 shall bear the indication ‘produced from ..’, supplemented by the name of the raw materials used to produce the ethyl alcohol of agricultural origin.









Amendment 144


Proposal for a regulation


Annex II — part I — category 15 — point d a (new)








Text proposed by the Commission




Amendment





 










(da)





Vodka may be sweetened in order to round off the final taste. However, the final product may not contain more than 10 g of sweetening substances per litre, expressed as invert sugar equivalent.











Amendment 145


Proposal for a regulation


Annex II — part I — category 15 — point d b (new)








Text proposed by the Commission




Amendment





 










(db)






Alternatively, the sales denomination may be ‘vodka’ in any Member State.










 



(The word ‘Vodka’ is to appear in italics if adopted.)






Amendment 146


Proposal for a regulation


Annex II — part I — category 16 — point a — point i








Text proposed by the Commission




Amendment











(i)


produced by maceration of fruit or berries listed under point (ii), whether partially fermented or unfermented, with the possible addition of a maximum of 20 litres of ethyl alcohol of agricultural origin or of spirit or of distillate deriving from the same fruit, or of a 
mixture
 thereof, per 100 kg of fermented fruit or berries, followed by distillation at less than 86 % vol.;












(i)


produced by maceration of fruit or berries listed under point (ii), whether partially fermented or unfermented, with the possible addition of a maximum of 20 litres of ethyl alcohol of agricultural origin or of spirit or of distillate deriving from the same fruit, or of a 
combination
 thereof, per 100 kg of fermented fruit or berries, followed by distillation at less than 86 % vol.;









Amendment 147


Proposal for a regulation


Annex II — part I — category 16 — point a — point ii — indent 9








Text proposed by the Commission




Amendment











—


rowanberries (Sorbus aucuparia L.),







(Does not affect the English version.)






Amendment 148


Proposal for a regulation


Annex II — part I — category 16 — point a — point ii — indent 10








Text proposed by the Commission




Amendment











—


service-berry (Sorbus domestica L.),







(Does not affect the English version.)






Amendment 149


Proposal for a regulation


Annex II — part I — category 16 — point a — point ii — indent 32 a (new)








Text proposed by the Commission




Amendment





 








—




aronia (chokeberry),










 








—




bird cherry (Prunus padus L.).











Amendment 150


Proposal for a regulation


Annex II — part I — category 17 — point a








Text proposed by the Commission




Amendment











(a)



Geist (with the name of the fruit or the raw materials used) is a spirit drink obtained by maceration of unfermented fruits and berries listed in point (a) (ii) of category 16 or vegetables, nuts, or other plant materials such as herbs or rose petals in ethyl alcohol of agricultural origin, followed by distillation at less than 86 % vol.












(a)



Geist (with the name of the fruit or the raw materials used) is a spirit drink obtained by maceration of unfermented fruits and berries listed in point (a) (ii) of category 16 or vegetables, nuts, 
mushrooms
 or other plant materials such as herbs or rose petals in ethyl alcohol of agricultural origin, followed by distillation at less than 86 % vol.









Amendment 151


Proposal for a regulation


Annex II — part I — category 17 — title








Text proposed by the Commission




Amendment











17.


Geist (with the name of the fruit or the raw materials used)












17.



Geist (with the name of the fruit or the raw materials used)









Amendment 152


Proposal for a regulation


Annex II — part I — category 17 — point c a (new)








Text proposed by the Commission




Amendment





 










(ca)






Use of the term ‘-geist’ preceded by a term other than the name of a fruit shall continue to be authorised in imaginative names in the spirit drinks sector.











Amendment 153


Proposal for a regulation


Annex II — part I — category 19 — point a








Text proposed by the Commission




Amendment











(a)


Juniper-flavoured spirit drinks are spirit drinks produced by flavouring ethyl alcohol of agricultural origin or grain spirit or grain distillate or a 
mixture
 thereof with juniper (Juniperus communis L. or Juniperus oxicedrus L.) berries.












(a)


Juniper-flavoured spirit drinks are spirit drinks produced by flavouring ethyl alcohol of agricultural origin or grain spirit or grain distillate or a 
combination
 thereof with juniper (Juniperus communis L. or Juniperus oxicedrus L.) berries.









Amendment 154


Proposal for a regulation


Annex II — part I — category 20 — title








Text proposed by the Commission




Amendment











20.


Gin












20.


Gin









Amendment 155


Proposal for a regulation


Annex II — part I — category 21 — title








Text proposed by the Commission




Amendment











21.


Distilled gin












21.


Distilled gin










Amendment 156


Proposal for a regulation


Annex II — Part I — category 21 — point a — point ii








Text proposed by the Commission




Amendment











(ii)


the 
mixture
 of the product of such distillation and ethyl alcohol of agricultural origin with the same composition, purity and alcoholic strength; flavouring substances or flavouring preparations as specified in point (c) of category 20 or both may also be used to flavour distilled gin.












(ii)


the 
combination
 of the product of such distillation and ethyl alcohol of agricultural origin with the same composition, purity and alcoholic strength; flavouring substances or flavouring preparations as specified in point (c) of category 20 or both may also be used to flavour distilled gin.









Amendment 157


Proposal for a regulation


Annex II — part I — category 22 — title








Text proposed by the Commission




Amendment











22.


London Gin












22.


London Gin









Amendment 158


Proposal for a regulation


Annex II — part I — category 22 — point c








Text proposed by the Commission




Amendment











(c)


The term London gin may 
be supplemented by
 the term ‘dry’.












(c)


The term London gin may 
incorporate
 the term ‘dry’.









Amendment 159


Proposal for a regulation


Annex II — part I — category 24 — title








Text proposed by the Commission




Amendment











24.


Akvavit or aquavit












24.



Akvavit or aquavit










Amendment 160


Proposal for a regulation


Annex II — part I — category 26 — title








Text proposed by the Commission




Amendment











26.


Pastis












26.


Pastis









Amendment 161


Proposal for a regulation


Annex II — part I — category 27 — title








Text proposed by the Commission




Amendment











27.


Pastis de Marseille












27.


Pastis de Marseille









Amendment 162


Proposal for a regulation


Annex II — part I — category 28 — title








Text proposed by the Commission




Amendment











28.


Anis












28.


Anis









Amendment 163


Proposal for a regulation


Annex II — part I — category 28 — point b








Text proposed by the Commission




Amendment











(b)


The minimum alcoholic strength by volume of anis shall be 
37
 %.












(b)


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









Amendment 164


Proposal for a regulation


Annex II — part I — category 29 — title








Text proposed by the Commission




Amendment











29.


Distilled anis












29.


Distilled anis










Amendment 165


Proposal for a regulation


Annex II — part I — category 30 — title








Text proposed by the Commission




Amendment











30.


Bitter-tasting spirit drinks or bitter












30.


Bitter-tasting spirit drinks or bitter










Amendment 166


Proposal for a regulation


Annex II — part I — category 30 — point a








Text proposed by the Commission




Amendment











(a)


Bitter-tasting spirit drinks or bitter are spirit drinks with a predominantly bitter taste produced by flavouring ethyl alcohol of agricultural origin with flavouring substances.












(a)


Bitter-tasting spirit drinks or bitter are spirit drinks with a predominantly bitter taste produced by flavouring ethyl alcohol of agricultural origin with flavouring substances 
or flavouring preparations or both
.









Amendment 167


Proposal for a regulation


Annex II — part I — category 31 — point d a (new)








Text proposed by the Commission




Amendment





 










(da)






The maximum sugar content of flavoured vodka shall be 100 grams per litre, expressed as invert sugar.











Amendment 168


Proposal for a regulation


Annex II — part I — category 31 — point d b (new)








Text proposed by the Commission




Amendment





 










(db)






The term ‘vodka’ in any official Union language may be replaced by ‘vodka’.










 



(The second word ‘vodka’ is to appear in italics if adopted.)






Amendment 169


Proposal for a regulation


Annex II — part I — category 32 — point a — point ii








Text proposed by the Commission




Amendment











(ii)


produced using ethyl alcohol of agricultural origin or a distillate of agricultural origin or one or more spirit drinks or a 
mixture
 thereof, which has been sweetened and to which one or more flavourings, products of agricultural origin or foodstuffs have been added.












(ii)


produced using ethyl alcohol of agricultural origin or a distillate of agricultural origin or one or more spirit drinks or a 
combination
 thereof, which has been sweetened and to which one or more flavourings, products of agricultural origin or foodstuffs have been added.









Amendment 170


Proposal for a regulation


Annex II — part I — category 32 — point d — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 




Alternatively, the sales denomination may be ‘liqueur’ in any Member State.






 



(The word ‘liqueur’ is to appear in italics if adopted.)






Amendment 171


Proposal for a regulation


Annex II — part I — category 32 — point d a (new)








Text proposed by the Commission




Amendment





 










(da)






The sales denomination ‘liqueur’ can also be supplemented with the name of the aroma or foodstuff used in the preparation of the product.











Amendment 172


Proposal for a regulation


Annex II — part I — category 34 — title








Text proposed by the Commission




Amendment











34.


Crème de cassis












34.


Crème de cassis









Amendment 173


Proposal for a regulation


Annex II — part I — category 35 — title








Text proposed by the Commission




Amendment











35.


Guignolet












35.


Guignolet









Amendment 174


Proposal for a regulation


Annex II — part I — category 36 — title








Text proposed by the Commission




Amendment











36.


Punch au rhum












36.


Punch au rhum









Amendment 175


Proposal for a regulation


Annex II — part I — category 37 — title








Text proposed by the Commission




Amendment











37.


Sloe gin












37.


Sloe gin









Amendment 176


Proposal for a regulation


Annex II — part I — category 38 — title








Text proposed by the Commission




Amendment













38.




‘Sloe-aromatised spirit drink or Pacharán’














31a.




‘Sloe-aromatised spirit drink or Pacharán’








 



(The category on ‘Sloe-aromatised spirit drink or Pacharán’ is to be moved between categories 31 ‘vodka’ and 32 ‘liqueur’.)






Amendment 177


Proposal for a regulation


Annex II — part I — category 39 — title








Text proposed by the Commission




Amendment











39.


Sambuca












39.


Sambuca









Amendment 178


Proposal for a regulation


Annex II — part I — category 39 — point a — point ii








Text proposed by the Commission




Amendment











(ii)


it has a minimum sugar content of 
370
 grams per litre expressed as invert sugar;












(ii)


it has a minimum sugar content of 
350
 grams per litre expressed as invert sugar;









Amendment 179


Proposal for a regulation


Annex II — part I — category 40 — title








Text proposed by the Commission




Amendment











40.


Maraschino, Marrasquino or Maraskino












40.



Maraschino, Marrasquino or Maraskino










Amendment 180


Proposal for a regulation


Annex II — part I — category 41 — title








Text proposed by the Commission




Amendment











41.


Nocino












41.


Nocino









Amendment 181


Proposal for a regulation


Annex II — part I — category 42 — title








Text proposed by the Commission




Amendment











42.


Egg liqueur or advocaat or avocat or advokat












42.


Egg liqueur or advocaat or avocat or advokat










Amendment 182


Proposal for a regulation


Annex II — part I — category 42 — point a








Text proposed by the Commission




Amendment











(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 or spirit, or a 
mixture
 thereof, 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 expressed as invert sugar. The minimum content of pure egg yolk must be 140 grams per litre of the final product.












(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 or spirit, or a 
combination
 thereof, the ingredients of which are egg yolk, egg white and sugar or honey. The minimum sugar or honey content must be 150 grams per litre expressed as invert sugar. The minimum content of pure egg yolk must be 140 grams per litre of the final product. 
Any use of eggs from hens belonging to a species other than Gallus Gallus should be indicated on the label.











Amendment 183


Proposal for a regulation


Annex II — part I — category 42 — point c








Text proposed by the Commission




Amendment











(c)


Only flavouring substances and flavouring preparations may be used in the preparation of egg liqueur or advocaat or avocat or advokat.












(c)


Only 
foodstuffs with flavouring properties, natural
 flavouring substances and flavouring preparations may be used in the preparation of egg liqueur or advocaat or avocat or advokat.









Amendment 184


Proposal for a regulation


Annex II — part I — category 42 — point c a (new)








Text proposed by the Commission




Amendment





 










(ca)






Cream may be used in the preparation of egg liqueur or advocaat or avocat or advokat.











Amendment 185


Proposal for a regulation


Annex II — part I — category 43 — point a








Text proposed by the Commission




Amendment











(a)


Liqueur with egg is a spirit drink, whether or not flavoured, obtained from ethyl alcohol of agricultural origin, distillate or spirit drink, or a 
mixture
 thereof, the characteristic 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 expressed as invert sugar. The minimum egg yolk content must be 70 grams per litre of the final product.












(a)


Liqueur with egg is a spirit drink, whether or not flavoured, obtained from ethyl alcohol of agricultural origin, distillate or spirit drink, or a 
combination
 thereof, the characteristic 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 expressed as invert sugar. The minimum egg yolk content must be 70 grams per litre of the final product.









Amendment 186


Proposal for a regulation


Annex II — part I — category 44 — title








Text proposed by the Commission




Amendment











44.


Mistrà












44.


Mistrà









Amendment 187


Proposal for a regulation


Annex II — part I — category 45 — title








Text proposed by the Commission




Amendment











45.


Väkevä glögi or spritglögg












45.



Väkevä glögi or spritglögg










Amendment 188


Proposal for a regulation


Annex II — part I — category 46 — title








Text proposed by the Commission




Amendment











46.


Berenburg or Beerenburg












46.



Berenburg or Beerenburg










Amendment 189


Proposal for a regulation


Annex II — Part II — point 2 a (new)








Text proposed by the Commission




Amendment





 










2a.





Guignolet Kirsch is produced in France and obtained by mixing guignolet and kirsch, such that a minimum proportion of 3 % of the total pure alcohol contained in the final product comes from kirsch. The minimum alcoholic strength by volume of Guignolet Kirsch shall be 15 %. As regards the labelling and presentation, the word ‘Guignolet’ shall appear in the presentation and labelling, in characters of the same font, size and colour, and on the same line, as the word ‘Kirsch’ and, in the case of bottles, on the front label. The alcoholic composition information shall include an indication of the percentage by volume of pure alcohol that guignolet and kirsch represent in the total pure alcohol content by volume of Guignolet Kirsch.










Amendment 190


Proposal for a regulation


Annex II a (new)








Text proposed by the Commission




Amendment





 




ANNEX IIa






 




DYNAMIC OR ‘CRIADERAS Y SOLERA’ AGEING SYSTEM






 




The dynamic or ‘criaderas y solera’ ageing system consists in the execution of periodical extractions of a portion of the brandy contained in each of the oak casks and containers that form an ageing scale and the corresponding replenishments with brandy extracted from the preceding ageing scale.






 




Definitions






 




Ageing scales: Each group of oak casks and containers with the same level of maturation, through which the brandy progresses in the course of its ageing process. Each scale is known as ‘criadera’, except the last one, previous to the expedition of the brandy, known as the ‘solera’.






 




Extraction: Partial volume of brandy drawn from each oak cask and container in an ageing scale, for its incorporation to the oak casks and containers in the next ageing scale or, in the case of the solera, for its expedition.






 




Replenishment: Volume of brandy from the oak casks and containers of a given ageing scale that is incorporated into and blended with the content of the oak casks and containers of the following scale in terms of age.






 




Average age: Period of time corresponding to the rotation of the total stock of brandy that is undergoing the ageing process, calculated as the fraction between the total volume of brandy contained in all the ageing scales and the volume of the extractions made from the last scale –the solera– in one year.






 




The average age of the brandy drawn from the solera can be calculated using the following formula: t̅ = Vt/Ve






 




In which:






 








—




t̅ is the average age, expressed in years










 








—




Vt is the total volume of stocks in the ageing system, expressed in litres of pure alcohol.










 








—




Ve is the total volume of product extracted for shipping during a year, expressed in litres of pure alcohol.










 




Minimum average age. In the case of oak casks and containers of less than 1 000  litres, the number of annual extractions and replenishments shall be equal to or lower than twice the number of scales in the system, in order to guarantee that the youngest component has an age equal to or higher than 6 months.






 




In the case of oak casks and containers of 1 000  litres or more, the number of annual extractions and replenishments shall be equal to or lower than the number of scales in the system, in order to guarantee that the youngest component has an age equal to or higher than 1 year.








(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0021/2018).

(1a)  
Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).



(1b)  
Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).



(1c)  
Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (OJ L 95, 7.4.2017, p. 1).



(12)  Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (OJ L 336, 23.12.1994, p. 1).

(12)  Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (OJ L 336, 23.12.1994, p. 1).

(13)  Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

(13)  Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

(1a)  
Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).



(16)  
Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).



(19)  Regulation 
(EC) No 882/2004
 of the European Parliament and of the Council 
of 29 April 2004
 on official controls performed to ensure the 
verification of compliance with
 feed and food law, animal health and 
animal
 welfare 
rules
 (OJ L 
165, 30.4.2004,
 p. 1).

(19)  Regulation 
(EU) 2017/625
 of the European Parliament and of the Council 
of 15 March 2017
 on official controls 
and other official activities
 performed to ensure 
the application of
 food and feed law, 
rules on
 animal health and welfare
, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)
 (OJ L 
95, 7.4.2017
, p. 1).