C 78/42
3.5.5.
EN
Official Journal of the European Union
18.2.2022
On ‘imitation’ flavourings 1.
Spirit drinks names (both categories and GIs) are used exclusively: a. to describe, present or label a spirit drink complying with the requirements of the relevant category or GI; or b. in a compound term, allusion, ingredients list, mixture or blend in compliance with the relevant provisions. 2.
Exception: the legal name of a spirit drink category (not a GI name) has been used to define: a. a flavouring, or b. a foodstuff other than a beverage flavoured with that flavouring, even if those do not meet the provisions for allusions, provided that such legal names are supplemented by the term ‘flavour’ or any other similar term.
3.5.6.
Allusions to GIs Besides the recommendation that no ‘comparable’ ingredients should be used (except for other spirit drinks, in compliance with the provisions on allusions), any allusion to a spirit drink with geographical indication should also comply with the condition that the taste is recognizable and attributable primarily to that GI.
This latter requirement renders checks particularly cumbersome as it is already quite difficult to control the presence of authentic whisky or apricot spirit in foodstuffs such as cake, chocolate or yogurt, but it is even more difficult to check analytically and organoleptically if for example the whisky is Scotch Whisky or the apricot spirit is Kecskeméti barackpálinka.
It is recommended to focus checks on the documentation that can be found at production premises during on-the-spot checks: the producer of foodstuffs such as cake, chocolate, etc. (in the above examples) can be asked to identify the supplier of the GI spirit drinks and provide receipts and documentation.
There may also be a specific agreement with the supplier relating to the authenticity of the product.
The presence of such documentation may contribute to proving authenticity.
However, the absence of supplier documentation does not necessarily indicate a fraud but may be grounds for making further enquiries.
If the paper traceability exercise does not provide sufficient guarantees and there are still doubts, analytical tests can be used.
Depending on the case, it could be appropriate to apply the isotopic mass spectroscopy analysis and use isotopic databases as a reference.
#40 – Examples:
In the control seminar organised by DG AGRI in 2018, an example was presented on how it could be checked if vodka has been produced in Poland or Sweden using the isotopic values of the water used, as they are different in the north part.
In case of ‘Kecskeméti barackpálinka’, apricots are used, and they might give a specific pattern which could be traced when the isotopic analysis is carried out.
Of course such analyses might seem complex but this is just a possible method to identify the product and they are not a systematic requirement.
It is up to the competent authority to identify the best tool to be used.