CELEX: 51986PC0159(01)
Language: en
Date: 1986-09-24
Title: AMENDED PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN GENERAL RULES ON THE DEFINITION, DESCRIPTION AND PRESENTATION OF SPIRITUOUS BEVERAGES

No C 269/4                             Official Journal of the European Communities                                   25. 10. 86
                                                               II
                                                       (Preparatory Acts)
                                                  COMMISSION
              Amended proposal for a Council Regulation (EEC) laying down general rules on the definition,
                                    description and presentation of spirituous beverages (')
                                                     (COM(86) 159 final)
              (Submitted by the Commission to the Council pursuant to the second paragraph of Article 149 of
                                             the EEC Treaty on 25 September 1986)
                                                        (86/C 269/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           finished product acquires its characteristics and definitive
                                                                   properties are completed in the geographical area in
Having regard to the Treaty establishing the European              question; whereas, by thus conferring exclusive rights on
Economic Community, and in particular Articles 43 and              the producers concerned, the Community rules will
235 thereof,                                                       ensure that the names in question continue to serve as
                                                                   indications of provenance and will prevent them from
                                                                   entering the public domain and becoming generic terms;
Having regard to the proposal from the Commission,                 whereas the ascriptions in question also perform the
                                                                   function of informing the consumer as to the provenance
Having regard to the opinion of the European Par-                  of products characterized by the raw materials used, by
liament,                                                           the special processes employed in their manufacture or
                                                                   simply by their identification with the name or adjective
Having regard to the opinion of the Economic and                   of the country, region or locality in question;
Social Committee,
                                                                   Whereas the customary means of informing the
Whereas there are no specific Community rules                      consumer is to include certain information on the label;
governing the definition, description or presentation of           whereas the labelling of spirituous beverages is subject to
spirituous beverages; whereas, given the economic                  the general rules laid down in Council Directive
importance of these products, it is necessary, in order to         79/112/EEC of 18 December 1978 on the approx-
assist the functioning of the common market, to lay                imation of the laws of the Member States relating to the
down common provisions on this subject;                            labelling, presentation and advertising of foodstuffs for
                                                                   sale to the ultimate consumer ( 2 ); whereas, in view of the
                                                                   nature of the products in question and so that the
Whereas spirituous beverages constitute a major outlet
                                                                   consumer may have fuller information, provisions
for Community agriculture; whereas this outlet is largely
                                                                   additional to these general rules should be adopted,
the result of the reputation which these products have
                                                                   together with any necessary derogations;
acquired throughout the Community and on the world
market; whereas this reputation can be attributed to the
quality of traditional products; whereas a certain quality         Whereas, although Directive 79/112/EEC requires the
standard should therefore be maintained for the products           printing of certain particulars on the labelling, it is
in question if this outlet is to be preserved; whereas the         relatively imprecise as regards the place of manufacture;
appropriate means of maintaining this quality standard is          whereas this concept is of particular importance in the
to define the products in question taking into account             sector of the beverages concerned owing to fact that the
the traditional practices on which their reputation is             consumer often makes an association between the
based; whereas, moreover, the terms thus defined should            beverage in question and the place of its manufacture;
be used only for products of the same quality as                   whereas the absence of such an indication may give the
traditional products so as to prevent their being                  consumer the impression of a false origin; whereas this
devalued;                                                          danger should be avoided by making it obligatory to
                                                                   state the place of manufacture on the labelling;
Whereas the Community rules should stipulate that
geographical ascriptions may only be used by the                   Whereas additional requirements should, in certain cases,
countries, regions or localities to which they refer,              also be laid down; whereas, in particular, when ethyl
provided that the stages of production during which the            alcohol is used it should be required that it be solely of
(') OJ No C 189, 23. 7. 1982, p. 7.                                 (2) OJ No L 33, 8. 2. 1979, p. 1.
 ---pagebreak--- 25.10.86                                Official Journal of the European Communities                                   No C 269/5
agricultural origin, as is already customary in the                (b)    mixing:
Community, so as to continue to ensure a major outlet
for basic agricultural products;                                        combining two or more different beverages to make
                                                                        a new beverage;
Whereas Council Directive 80/778/EEC of 15 July 1980
relating to the quality of water intended for human                (c) addition of alcohol:
consumption (') and Council Directive 80/777/EEC of
15 July 1980 on the approximation of the laws of the                    adding ethyl alcohol of agricultural origin to a
Member States relating to the exploitation and                          spirituous beverage;
marketing of natural mineral waters (2) lay down the
characteristics of the water which may be used in                  (d) blending:
foodstuffs, whereas reference should be made thereto;
                                                                        combining two or more spirituous beverages
                                                                        belonging to the same category and distinguished
Whereas the proposal for a Council Directive on the
                                                                        only by minor differences in composition due to one
approximation of the laws of the Member States relating
                                                                        or more of the following:
to flavourings for use in foodstuffs and to source
materials for their production (3) puts forward definitions             — the methods of preparation themselves;
of various terms liable to be used in connection with                   — the still employed;
flavouring; whereas the same terminology should be used                 — the period of maturation or ageing;
in this text, although it should be adapted in line with
the Council's findings concerning the proposal for a                    — the geographical area of production.
Directive in question;
                                                                        The spirituous beverage so produced belongs to the
                                                                        same category as the original spirituous beverages
Whereas it is preferable to act by way of a Regulation in               before blending;
order to ensure the uniform and simultaneous
implementation of the measures in question; whereas,               (e) maturation or ageing:
since the Treaty makes no other provision for measures
to this effect in respect of industrial products such as                allowing certain reactions to develop naturally, in
spirituous beverages, these measures should also be                     appropriate containers, thereby giving the spirituous
adopted on the basis of Article 235 of the Treaty;                      beverage in question organoleptic qualities previously
                                                                        absent;
Whereas, to simplify and expedite the procedure, the
Commission should be instructed to adopt implementing              (f)    flavouring:
measures of a technical nature; whereas, for this
purpose, provision should be made for a procedure                       using one or more flavouring substances in the
whereby the Member States and the Commission can                        preparation of spirituous beverages;
cooperate closely within an Implementation Committee;
                                                                   (g) sweetening:
Whereas transitional measures are necessary to facilitate
the changeover to the system introduced by this Regu-                   using one or more of the products listed as sugars in
lation,                                                                 (a) above in the preparation of spirituous beverages;
HAS ADOPTED THIS REGULATION:                                        (h) ethyl alcohol of agricultural origin:
                                                                        ethyl alcohol obtained by the distillation, after
                           Article 1                                    alcoholic fermentation, of agricultural products listed
                                                                        in Annex II to the Treaty (excluding spirituous
 1.    For the purposes of this Regulation the following                beverages as defined in paragraph 2) and which
 terms shall have the following meanings:                               possesses at least the properties listed in Annex I
                                                                        hereto;
 (a) sugar:
                                                                    (i) grain spirit, wine spirit, molasses spirit, etc:
     semi-white sugar, white sugar, refined white sugar,
     dextrose, fructose, glucose syrup, liquid sugar, invert            ethyl alcohol obtained solely from the raw material
     liquid sugar, invert sugar syrup, fresh grape must and             in question;
     concentrated grape must;
                                                                    (j)   distillate:
 0) OJ No L 229, 30. 8. 1980, p. 11.                                     an alcoholic liquid obtained by the distillation, after
 O OJ No L 229, 30. 8. 1980, p. 1.                                       alcoholic fermentation, of agricultural products listed
 (3) OJ No C 144, 13. 6. 1980, p. 9.                                     in Annex II to the Treaty but which does not have
 ---pagebreak--- No C 269/6                                Official Journal of the European Communities                                   25.10.86
    the properties of ethyl alcohol or of spirituous                      cane sugar or from sugar-cane juice itself and
    beverages and still retains the aroma and taste of the                distilled at less than 96 % vol. so that the distillate
    raw materials used;                                                   has the sometimes attenuated but always discernible
                                                                          specific organoleptic characteristics of rum;
(k) grain distillate, wine distillate, molasses distillate etc:
                                                                     (b)   Whisky or whiskey:
    distillate obtained solely from the raw material in
    question;                                                             a spirituous beverage produced by the distillation of
                                                                          a mash of cereals
(1) alcoholic strength by volume:
                                                                          — saccharified by the diastase of the malt contained
    the number of volumes of pure alcohol at 20 ° C
                                                                              therein, with or without other added natural
    contained in 100 volumes of the product at the same
                                                                              enzymes,
    temperature.
                                                                          — fermented by the action of veast,
2.    For the purposes of this Regulation the following
terms shall have the following meanings:                                  — distilled at less than 94,8 % vol., so that the
(a) spirituous beverage:                                                      distillate has an aroma and taste derived from
                                                                              the raw materials used,
     (i) an alcoholic liquid
                                                                          and matured for at least three years in wooden casks
         — intended for human consumption,
                                                                          holding less than 700 litres;
         — having particular organoleptic qualities and,
             except in the case of exceptions to be defined
                                                                     (c)  Grain spirit:
              according to the procedure laid down in
             Article 14, a minimum alcoholic strength of                  a spirituous beverage produced by the distillation, at
              15 % vol., and                                              less than 95 % vol., of a fermented mash of cereals
         — produced:                                                      and having organoleptic characteristics derived from
             — either directly by the distillation, with or             • the raw materials used;
                 without added flavourings, of natural
                 fermented liquids;                                       Subject to certain conditions as regards manu-
             — or by the addition of various flavourings,                 facture, to be determined in accordance with the
                 various types of sugar or other products                 procedure laid down in Article 14, the beverage may
                 to ethyl alcohol of agricultural origin; or              bear one of the following names: 'Korn, Kornbrand,
                                                                          Kornbranntwein, Roggenbrand, Weizenbrand';
    (ii) an alcoholic liquid
         — intended for human consumption,                           (d) Aromatized spirituous beverage:
         — having particular organoleptic qualities, and
                                                                          a spirituous beverage produced by flavouring ethyl
         — produced by mixing a spirituous beverage,                      alcohol of agricultural origin or grain spirit with any
             with or without added flavourings, with:                     of the following before, during or after distillation:
             — one or more other spirituous beverages,
             — ethyl alcohol of agricultural origin,                      (a) juniper berries;
             — one or more alcoholic beverages, or
                                                                          (b) cumin;
             — one or more beverages.
                                                                          (c) natural extracts, purified or unpurified, of star
    However, beverages falling within                   Common
                                                                               anise (Illicum verum Hook), anise (Pimpinella
    Customs Tariff Headings Nos 22.03, 22.04, 22.05,                           anisum L.), Florence Fennel (Foeniculum dulce
    22.06 and 22.07 shall not be considered spirituous                         DC) or any other plant containing the same
    beverages;                                                                 principal aromatic constituent;
(b) category of spirituous beverages:                                     (d) bitter flavouring substances.
    all spirituous     beverages     covered    by    the   same
                                                                          Other flavourings may additionally be used but
    definition.
                                                                          there must be a predominant taste of juniper, cumin,
                                                                          anise or a bitter taste as the case may be.
3.    For the purposes of this Regulation the following
terms shall have the following meanings:
                                                                          Subject to certain conditions as regards manu-
(a)   Rum:                                                                facture, to be determined in accordance with the
                                                                          procedure laid down in Article 14, the aromatized
     a spirituous beverage produced by alcoholic fermen-                  spirituous beverage may, depending on the beverage
     tation and distillation exclusively either from                      in question and in each respective case, bear one of
     molasses or syrup produced in the manufacture of                     the following names:
 ---pagebreak--- 25.10.86                                  Official Journal of the European Communities                               No C 269/7
     (a) 'gin', 'genievre', 'jenever', 'Wacholder': the                  — having a maximum methyl alcohol content of
          names 'Hasselt', 'Schiedam' or 'Steinhager' may                     1 000 grams per hectolitre of 100 % vol. alcohol;
          replace or be added to any of the
          abovementioned names and 'London Gin' may                  (i)  Grappa:
         be used instead of 'gin';
                                                                         a spirituous beverage
     (b) 'aquavit';
                                                                         — produced exclusively by the direct distillation of
     (c) 'anis', 'ouzo', 'pastis', 'mastic';                                  grape marc at less than 86 % vol., to which may
     (d) 'amer' or 'bitter'.                                                 be added a percentage of lees to be determined
                                                                              in accordance with the procedure laid down in
(e)   Vodka:                                                                 Article 14,
     a spirituous beverage produced by filtering ethyl                   — containing, save as otherwise decided in
     alcohol of agricultural origin through activated                         accordance with the procedure laid down in
     charcoal, or subjecting it to an equivalent treatment,                  Article 14, a total quantity of volatile substances
     so that the organoleptic characteristics of the raw                      other than ethyl and methyl alcohol exceeding
     materials used are selectively reduced. The product                      240 grams per hectolitre of 100 % vol. alcohol,
     may be given special organoleptic characteristics,
     such as a mellow taste, by the addition of fla-                     — having a maximum methyl alcohol content of
     vouring;                                                                 1 000 grams per hectolitre of 100 % vol. alcohol,
                                                                              and
(f)   Wine spirits:
                                                                         — aged for at least one year;
     a spirituous beverage
                                                                     (j) Raisin brandy:
     — produced by the distillation at less than 86 %
         vol. solely of wine or wine fortified for                       a spirituous beverage produced by the distillation of
         distillation or by the redistillation of a distillate           the product obtained by the alcoholic fermentation
         of wine at less than 86 % vol., without the                     of extract of dried grapes of the 'Corinth Black'
         addition of ethyl alcohol,                                      variety, distilled at less than 94,5 % vol., so that the
                                                                         distillate has an aroma and flavour derived from the
     — containing a total quantity of volatile substances
                                                                         raw materials used;
         other than ethyl and methyl alcohol exceeding
         125 grams per hectolitre of 100 % vol. alcohol,
                                                                     (k) Cherry, plum, mirabelle, peach, apple, pear, apricot or
         and
                                                                          other fruit spirits:
     — having a maximum methyl alcohol content of
         200 grams per hectolitre of 100 % vol. alcohol;                 spirituous beverages
                                                                         — produced exclusively by the alcoholic fermen-
(g) Brandy or Weinbrand:
                                                                              tation and        distillation of one of        the
     a wine spirit distilled at less than 86 % vol.                           abovementioned fruits,
     — containing a total quantity of volatile substances                — distilled at less than 86 % vol. so that the
         other than ethyl and methyl alcohol exceeding                        distillate has an aroma and flavour derived from
         200 grams per hectolitre of 100 % vol. alcohol,                      the fruits distilled,
         and
                                                                         — having a total quantity of volatile substances
     — aged for at least one year in oak receptacles or                       other than ethyl and methyl alcohol exceeding
         for at least six months in oak casks holding less                     200 grams per hectolitre of 100 % vol. alcohol,
         than 1 000 litres;
                                                                          — having a maximum ethyl alcohol content of
 (h) Grape marc or marc spirit:                                                1 000 grams per hectolitre of 100 % vol. alcohol,
                                                                               and
      a spirituous beverage
     — produced exclusively by the distillation of grape                  — in the case of stone-fruit spirits, having a
          marc, with or without added water, to which                          hydrocyanic acid content not exceeding 10
          may be added a percentage of lees to be                              grams per hectolitre of 100 % vol. alcohol.
          determined in accordance with the procedure                     Derogations from these provisions may be adopted
          laid down in Article 14,                                        in accordance with the procedure laid down in
     — distilled at less than 86 % vol. so that the                       Article 14, in particular where the manufacture and
          distillate retains the aromatic principles of the               sale of traditional products provide a substantial
          raw materials used,                                             proportion of the income of certain agricultural
                                                                          producers in the Community.
     — containing a total quantity of volatile substances
          other than ethyl and methyl alcohol exceeding                   The name 'Williams' may only be used to describe
          140 grams per hectolitre of 100 % vol. alcohol,                 pear spirits produced solely from pears of the
          and                                                             'Williams' variety.
 ---pagebreak--- No C 269/8                             Official Journal of the European Communities                                  25.10. 86
    The name 'Slivovic' may be used to describe plum              5.     Detailed rules, including the methods of analysis to
    spirits.                                                      be used, shall be adopted in accordance with the
    Whenever two or more fruits are distilled together            procedure laid down in Article 14.
    the name shall include that of each fruit, in de-
    creasing order of quantity used.                                                         Article 2
                                                                  1.     To be marketed for human consumption in the
(1) Cider or perry spirits:                                       Community under one of the names listed in Article 1
                                                                  (3) and (4), a spirituous beverage must comply with the
    spirituous beverages                                          definition and requirements applicable to the category to
                                                                  which it belongs.
    — produced exclusively by the distillation of the
         products obtained by the fermentation of apple           2.     The addition to a spirituous beverage of any
         or pear juice, and                                       substance other than those expressly authorized shall
                                                                  disqualify that beverage from the use of the restricted
    — satisfying the requirements of the second, third
                                                                  name.
         and fourth indents of subparagraph (k) relating
         to fruit spirits;                                        However, the restricted name may be used for spirituous
                                                                  beverages which have been flavoured and/or sweetened
(m) Gentian spirit:                                               and/or contain certain additives.
                                                                  The spirituous beverages in question, the authorized
    a spirituous beverage produced from a distillate of
                                                                  additions and the detailed rules governing such additions
    gentian, itself obtained by the fermentation of
                                                                  shall be determined in accordance with the procedure
    gentian roots with or without the addition of ethyl
                                                                  laid down in Article 14.
    alcohol of agricultural origin;
                                                                                             Article 3
(n)  Liqueur:
                                                                  1.     For the spirituous beverages listed below, the
    a spirituous beverage which is produced by flav-              minimum alcoholic strength by volume for release for
    ouring ethyl alcohol of agricultural origin or a              human consumption in the Community under one of the
    spirituous beverage or a mixture of ethyl alcohol of          names listed in Article 1 (3) and (4) shall be as follows:
    agricultural origin and one or more spirituous
    beverages, which contains sugar and/or honey,                 (a) for whisky or whiskey: 40 % by volume;
    which has a minimum sugar content of 100 grams                (b) for rum, spirits, gin and distilled gin, vodka, grappa,
    per litre and which may be prepared with cream or                  aquavit, ouzo, Roggenbrand, Kornbrand and
    milk;                                                              Weizenbrand: 37,5 % by volume;
(o) Egg-flavoured spirituous beverage or advocaat:                (c) for Korn and Kornbranntwein: 32 % by volume;
                                                                  (d) for juniper-flavoured spirituous beverages other than
    a spirituous beverage produced by adding egg yolk                  gin and distilled gin, for cumin-flavoured spirituous
    or whole egg and sugar or honey to ethyl alcohol of                beverages other than aquavit, and for aniseed-
    agricultural origin or to a spirituous beverage and                flavoured spirituous beverages other than ouzo:
    having a minimum egg-yolk content of 100 grams                     30 % by volume;
    per litre.
                                                                  (e) for amers and bitters: 15 % by volume.
    If, in addition, the beverage has a minimum sugar or
    honey content of 100 grams per litre, it may bear             2.     A minimum alcoholic strength by volume in excess
    the name iiqueur aux oeufs' or the name 'Eierlikor';          of that for the category to which the spirituous beverage
                                                                  in question belongs may be fixed for each of the
4.    For the purposes of this Regulation the following           spirituous beverages listed in Annex II.
terms relating to particular spirituous beverages shall
                                                                  3.     The Council, acting by qualified majority on a
have the following meanings:                                      proposal from the Commission, may fix minimum
                                                                  alcoholic strengths by volume for categories of beverages
(a) Bourbon whisky:
                                                                  other than those referred to in paragraph 1. In
    a spirituous beverage produced directly at 80 % vol.          accordance with the same procedure the Council shall
    maximum exclusively by distillation of a fermented            determine the minimum alcoholic strengths by volume
    mash of mixed cereal grains, at least 51 % of which           referred to in paragraph 2.
    must be maize, and aged for at least two years in
    new charred oak barrels;                                                                 Article 4
                                                                   1.    The addition of water shall be authorized in the
(b)  'Sljivovicd'plum     brandy:                                 preparation of spirituous beverages.
    a plum spirit originating in Yugoslavia and marketed          The addition of water, the quality of which must meet
    under the name of 'Sljivovica'.                               the requirements of Directives 80/777/EEC and
 ---pagebreak--- 25. 10. 86                              Official Journal of the         Communities                              No C 269/9
80/778/EEC concerning natural mineral water and the             The geographical ascriptions in question may be used
quality of water intended for human consumption, shall          only for the beverages concerned.
not alter the nature of the spirituous beverage.
                                                                The areas of production referred to in paragraphs 1 and
                                                                2 shall be demarcated in accordance with the procedure
2.    The ethyl alcohol used in the preparation of              laid down in Article 14.
spirituous beverages must be solely of agricultural origin.
The ethyl alcohol used to extend or dissolve colouring                                     Article 6
matters, flavourings or any other authorized additives          In respect of spirituous beverages, special provisions may
used in the preparation of spirituous beverages must be         be adopted on:
ethyl alcohol of agricultural origin.
                                                                (a) the use of certain words, initials or signs;
The quality of the ethyl alcohol of agricultural origin
must meet the specifications set out in Annex I.                (b) the use of certain composite names including the
                                                                     word 'brandy';
3.    Only natural aromatic substances, substances              (c) the names of mixed beverages and mixtures of
identical with natural aromatic substances and natural               spirituous beverages.
aromatic preparations may be used as flavourings in the
preparation of spirituous beverages.
                                                                These provisions shall be adopted in accordance with the
                                                                procedure laid down in Article 14.
Flavourings shall not be considered as colouring matter
even where they contribute to the colour of the beverage.
                                                                                           Article 7
4.    Detailed rules, including the methods of analysis to       1.    In addition to complying with national legislation
be used, shall be adopted in accordance with the                adopted in accordance with Directive 79/112/EEC, the
procedure laid down in Article 14.                              labelling, presentation and advertising of spirituous
                                                                beverages defined in Article 1 (3) and (4) and intended
                                                                for the final consumer shall comply with the provisions
                          Article 5                             of paragraphs 2 and 3 below.
 1.   Without prejudice to measures adopted pursuant to
                                                                2. (a) The name under which the products referred to in
Article 6, use of the names listed in Article 1 (3) and (4)
                                                                         Article 1 (3) and (4) are sold shall be the name to
shall be restricted to the spirituous beverages defined
                                                                         be used exclusively for such products under
therein, account being taken of the requirements laid
                                                                         Articles 5 and 6.
down in Articles 2, 3 and 4. These names must be used
to describe the said beverages in the Community.
                                                                    (b) The alcoholic strength shall be expressed as a
                                                                         percentage of the volume and rounded off to the
Spirituous beverages which do not meet the                               nearest half percent.
specifications laid down for the products defined in
Article 1 (3) and (4) may not bear the names assigned               (c) The list of ingredients need not mention the
therein to those products.                                               following:
                                                                         — distillates of natural fermented liquids;
2.     The geographical ascriptions which are listed in                  — ethyl alcohol produced by distillation;
 Annex II, which may be used in addition to or instead of                — water.
 the names referred to in paragraph 1, may be used only
 by the territories to which they refer, provided that the               In such cases the list of ingredients shall be
 production stage during which the product acquired its                  preceded by the word 'contains'.
 character and its definitive qualities took place in the
 geographical area concerned. Specific national rules on            (d) However, where the labelling refers to the raw
 production, when they exist, shall continue to be applied               material used to produce the ethyl alcohol of
 insofar as they are compatible with Community law.                      agricultural origin, each type of alcohol must be
                                                                         mentioned in decreasing order of quantity used.
 Additions to the abovementioned list may be made by
 the Council acting by a qualified majority on a proposal           (e) The name under which the spirituous beverages
 from the Commission if, to protect producers against                    referred to in paragraph 1 are sold must be
 unfair competition and to prevent consumers from being                  supplemented by the term 'addition of alcohol'
 misled or deceived, there is a need for other geo-                      where the product has been subjected to such
 graphical ascriptions to indicate the local origin of the               treatment and may be supplemented by the term
 raw materials used and/or the particular manufacturing                  'blend' (assemblage) where the product has
 process in the geographical area in question.                           undergone blending.
 ---pagebreak--- No C 269/10                              Official Journal of the European Communities                                 25.10.86
    (f) A maturation period may be specified only where             3.     Other detailed rules shall be adopted in accordance
         it refers to the youngest alcoholic component and          with the procedure laid down in Article 14.
         provided that the product was aged under revenue
         supervision or supervision affording equivalent
         guarantees.                                                                           Article 11
                                                                    1.     Subject to reciprocal arrangements, imported
3.     The following shall be determined in accordance              spirituous beverages intended for human consumption
with the procedure laid down in Article 14, in respect of           and bearing a geographical ascription may qualify for the
the products referred to in Article 1 (3) and (4):                  supervision and protection referred to in Article 10 for
                                                                    the purposes of being marketed within the Community.
(a) the conditions under which the labelling may specify
     a maturation period and those relating to the raw
     materials used;                                                2.     The provisions of paragraph 1 shall be implemented
                                                                    by agreements to be negotiated and concluded with the
(b) the conditions governing the use of trade                       third countries concerned under the procedure laid down
     descriptions which imply that the product has been             in Article 113 of the Treaty.
     aged;
(c) the special provisions to govern the use of terms               3.     Detailed rules shall be adopted in accordance with
     referring to a certain property of the product such as         the procedure laid down in Article 14.
     its history or the method by which it is prepared;
(d) the rules governing the labelling of products in                                           Article 12
     containers not intended for the final consumer,                1.     This Regulation shall not apply to spirituous
     including any derogations from the labelling rules to          beverages intended for export from the Community,
     take account in particular of warehousing and                  except for those listed in Annex II.
     transport.
4.     Indication of the place of manufacture shall be              2.     However, additional rules or derogations may be
obligatory for all spirituous beverages. The detailed rules         adopted in respect of spirituous beverages listed in Annex
of application shall be determined in accordance with the           II and intended for export, to the extent that this is made
procedure laid down in Article 14 and more particularly             necessary by the legislation of third countries.
those concerning the determination of the place of
manufacture; this concept may be differenciated                     3.     Detailed rules shall be adopted in accordance with
depending on the beverage concerned.                                the procedure laid down in Article 14.
                            Article 8
                                                                                               Article 13
Where a spirituous beverage has been defined,
expressions containing words such as 'like', 'type' or               1.    An Implementation Committee for Spirituous
'style' may not be used to describe another spirituous              Beverages, hereinafter referred to as the 'Committee',
beverage.                                                           shall be set up consisting of representatives of the
                                                                    Member States and chaired by a representative of the
                                                                    Commission.
                            Article 9
To be offered for sale for human consumption within the             2.     Within the .Committee the votes of Member States
Community under one of the names rum, whisky,                        shall be weighted in accordance with Article 148 (2) of
whiskey, grain spirit, wine spirit, brandy, Weinbrand,              the Treaty. The Chairman shall not vote.
grape marc spirit, grappa, fruit spirit, cider spirit or perry
spirit, the spirituous beverage concerned must not
contain any added alcohol.                                                                     Article 14
                                                                     1.    Where the procedure laid down in this Article is to
                            Article 10                              be followed, the Chairman shall refer the matter to the
 1.     Each Member State shall be responsible for the              Committee either on his own initiative or at the request
supervision and protection of spirituous beverages                   of the representative of a Member State.
marketed in accordance with this Regulation.
                                                                     2.    The representative of the Commission shall submit
2.     The Commission shall adopt, in accordance with                a draft of the measures to be adopted. The Committee
the procedure laid down in Article 14, a system of certi-            shall deliver its opinion on such measures within a period
ficates for export from the Community of the spirituous             to be set by the Chairman according to the urgency of
beverages listed in Annex II, in order to prevent frauds            the questions under consideration. An opinion shall be
or imitations.                                                       adopted by a majority of fifty-four votes.
 ---pagebreak--- 25.10.86                                  Official Journal of the European Communities                                      No C 269/11
3.     The Commission shall adopt measures which shall                                             Article 16
apply immediately. However, if these measures are not in
accordance with the opinion of the Committee, they                       1.    In order to facilitate the changeover from the
shall forthwith be communicated by the Commission to                     present arrangements to those introduced by this Regu-
the Council. In that event, the Commission may defer                     lation, transitional measures shall be adopted in
application of the measures for one month.                               accordance with the procedure laid down in Article 14.
                                                                         2.    Such transitional measures shall be applicable for
                                                                         not more than two years from the date on which this
The Council, acting by a qualified majority, may take a                  Regulation enters into force.
different decision within one month.
                                                                                                   Article 17
                                                                         This Regulation shall enter into force on the third day
                          Article 15                                     following that of its publication in the Official Journal of
                                                                         the European Communities.
The Committee may consider any other question
referred to it by its Chairman, either on his own                        It shall apply with effect from 1 July 1986.
initiative or at the request of the representative of a                  This Regulation shall be binding in its entirety and
Member State.                                                            directly applicable in all Member States.
                                                                ANNEX     I
                       Characteristics of Ethyl Alcohol of Agricultural Origin as referred to in Article 1 (1) (h)
              1. Organoleptic characteristics                       No detectable taste other than that of the raw material
              2. Minimum alcoholic strength by volume                                                              96 % vol.
              3. Maximum level of residues
                 — Total acidity
                    expressed in g of acetic acid per hi of alcohol at 100 % vol.                                        1,5
                 — Esters
                    expressed in g of ethyl acetate per hi of alcohol at 100 % vol.                                      1,3
                 — Aldehydes
                    expressed in g of acetaldehyde per hi of alcohol at 100 % vol.                                       0,5
                 — Higher alcohols
                    expressed in g of methyl-2 propanol-1 per hi of alcohol at 100 % vol.                                0,5
                 — Methanol
                    expressed in g per hi of alcohol at 100 % vol.                                                        50
                 — Dry extract
                    expressed in g per hi of alcohol at 100 % vol.                                                       1,5
                 — Volatile bases containing nitrogen
                    expressed in g of nitrogen per hi of alcohol at 100 % vol.                                           0,1
                 — Furfural                                                                                  Not detectable.
 ---pagebreak--- No C 269/12                          Official Journal of the European Communities                      25.10.86
                                                         ANNEX     II
                                               SPIRITUOUS BEVERAGES
                                                  Geographical Ascriptions
                                                 referred to in Article 5 (2)
                        Category                                       Geographical ascription
            1. Rum                             —  Rhum   de  la Martinique
                                               —  Rhum   de  la Guadeloupe
                                               —  Rhum   de  la Reunion
                                               —  Rhum   de  la Guyane
            2. Whisky                          — Scotch Whisky
                                               — Irish Whisky
            3. Whiskey                         — Irish Whiskey
                                               — Irish Pot Still Whyskey
                                               — Uisce Beatha Eireannach
            4. Aromatized spirituous           —  Ostfriesischer Korngenever
               beverage                        —  Schiedamse Jenever (genever)
                                               —  Friesche Jenever (genever)
                                               —  Plymouth Gin
                                               —  Cretan Raki
                                               —  Dansk Akvavit
                                               —  Greek Ouzo
                                               —  Peloponnesian Mastikha
                                               —  Macedonian Mastikha
                                               —  Friesche Beerenburg
            5. Wine spirit                     —   Cognac
                                               —  Eau-de-vie de Cognac
                                               —  Eau-de-vie des Charentes
                                               —  Esprit de Cognac
                                               —  Fine Cognac
                                               —  Grande Fine Champagne
                                               —  Grande Champagne
                                               —  Petite,Fine Champagne
                                               —  Petite Champagne
                                               —  Fine Champagne
                                               —  Borderies
                                               —  Fins Bois
                                               —  Bons Bois
                                               —  Armagnac
                                               —   Bas-Armagnac
                                               —   Haut-Armagnac
                                               —  Tenarese
                                               —  Eau-de-vie de vin de la Marne
                                               —  Eau-de-vie de vin originaire d'Aquitaine
                                               —  Eau-de-vie de vin de Bourgogne
                                               —  Eau-de-vie de vin originaire du Centre-Est
                                               —  Eau-de-vie de vin originaire de Franche-Comte
                                               —  Eau-de-vie de vin originaire de Bugey
                                               —  Eau-de-vie de vin de Savoie
                                               —  Eau-de-vie de vin originaire des Coteaux de la Loire
                                               —  Eau-de-vie de vin des Cotes-du-Rhone
                                               —  Eau-de-vie de vin originaire de Provence
                                               —  Faugeres or Eau-de-vie de Faugeres
                                               —  Eau-de-vie de vin originaire du Languedoc
 ---pagebreak--- 25.10.86                        Official Journal of the European Communities                       No C 269/13
                       Category                                   Geographical ascription
         6. Marc spirit                   —  Cretan Tsikoudhia
                                          —  Macedonian Tsipouro
                                          —  Eau-de-vie de marc de Champagne ou marc de Champagne
                                          —  Eau-de-vie de marc originaire d'Aquitaine
                                          —  Eau-de-vie de marc de Bourgogne
                                          —  Eau-de-vie de marc originaire du Centre-Est
                                          —  Eau-de-vie de marc originaire de Franche-Comte
                                          —  Eau-de-vie de marc originaire de Bugey
                                          —  Eau-de-vie de marc originaire de Savoie
                                          —  Marc de Bourgogne
                                          —  Marc de Savoie
                                          —  Marc d'Auvergne
                                          —  Eau-de-vie de marc originaire des Coteaux de la Loire
                                          —  Eau-de-vie de marc des C6tes-du-Rh6ne
                                          —  Eau-de-vie de marc originaire de Provence
                                          —  Eau-de-vie de marc originaire du Languedoc
                                          —  Marc d'Alsace Gewtirztraminer
                                          —  Marc de Lorraine
         7. Grappa                        —  Grappa di Barolo
                                          —  Grappa Piemontese or del Piemonte
                                          —  Grappa Lombarda or della Lombardia
                                          —  Grappa Trentina or del Trentino
                                          —  Grappa Friulana or del Friuli
                                          —  Grappa Veneta or del Veneto
                                          —  Siidtiroler Grappa
                                          —  Grappa dell'Alto Adige
         8. Fruit spirit                  —  Schwarzwalder Kirschwasser
                                          —  Schwarzwalder Himbeergeist
                                          —  Schwarzwalder Mirabellenwasser
                                          —  Schwarzwalder Williamsbirne
                                          —  Schwarzwalder Zwetschgenwasser
                                          —  Frankisches Zwetschgenwasser
                                          —  Frankisches Kirschwasser
                                          —  Frankischer Obstler
                                          —  Mirabelle de Lorraine
                                          —  Kirsch d'Alsace
                                          —  Quetsch d'Alsace
                                          —  Framboise d'Alsace
                                          —  Mirabelle d'Alsace
                                          —  Kirsch de Fougerolles
                                          —  Siidtiroler Williams
                                          —  Siidtiroler Aprikot or Siidtiroler Marille
                                          —  Siidtiroler Kirsch
                                          —  Siidtiroler Zwetschgeler
                                          —  Siidtiroler Obstler
                                          —  Siidtiroler Gravensteiner
                                          —  Siidtiroler Golden Delicious
                                          —  Williams friulano o del Friuli
                                          —  Slivowitz del Veneto
                                          —  Slivowitz del Friuli Venezia Giulia
                                          —  Slivowitz del Trentino Alto Adige
                                          —  Distillato di mele trentino or del Trentino
                                          —  Williams trentino o del Trentino
                                          —  Slivowitz trentino or del Trentino
                                          —  Aprikot trentino or del Trentino
                                          —  Williams dell'Alto Adige
                                          —  Aprikot dell'Alto Adige
                                          —  Kirsch dell'Alto Adige
 ---pagebreak--- No C 269/14                             Official Journal of the European Communities             25.10.86
                          Category                                       Geographical ascription
               Fruit spirit (continued)           —  Zwetschgeler dell'Alto Adige
                                                  —  Obstler dell'Alto Adige
                                                  —  Gravensteiner dell'Alto Adige
                                                  —  Golden Delicious dell'Alto Adige
                                                  —  Luxembourg quetsch
            9. Cider or perry spirit              —  Calvados du Pays d'Auge
                                                  —  Calvados
                                                  —  Calvados de l'Avranchin
                                                  —  Calvados du pays de Bray
                                                  —  Calvados du Calvados
                                                  —  Calvados du Contentin
                                                  —  Calvados du Domfrontais
                                                  —  Calvados du pays de Marlerault
                                                  —  Calvados du Mortanais
                                                  —  Calvados de la Vallee de l'Orne
                                                  —  Calvados du Perche
                                                  —  Calvados du Pays de la Risle
                                                  —  Eau-de-vie de cidre de Bretagne
                                                  —  Eau-de-vie de poire de Bretagne
                                                  —  Eau-de-vie de cidre de Normandie
                                                  —  Eau-de-vie de poire de Normandie
                                                  —  Eau-de-vie de cidre du Maine
                                                  —  Eau-de-vie de poire du Maine
           10. Gentian spirit                     —  Bayerischer Gebirgsenzian
                                                  —  Siidtiroler Enzian
                                                  —  Genziana trentino or del Trentino
                                                  —  Genziana dell'Alto Adige
           11. Liquer                             —  Chiemseer Klosterlikor
                                                  —  Bayerischer Krauterlikor
                                                  —  Corfu kumquat
                                                  —  Citro Naxou
                                                  —  Cassis de Dijon
                                                  —  Irish Cream