CELEX: 51982PC0328
Language: en
Date: 1982-06-09
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN GENERAL RULES ON THE DEFINITION, DESCRIPTION AND PRESENTATION OF SPIRITUOUS BEVERAGES AND OF VERMOUTHS AND OTHER WINES OF FRESH GRAPES FLAVOURED WITH PLANTS OR OTHER AROMATIC SUBSTANCES

23.7.82                        Official Journal of the European Communities                              No C 189/7
                                                          II
                                                  (Preparatory Acts)
                                             COMMISSION
              Proposal for a Council Regulation laying down general rules on the definition, description
              and presentation of spirituous beverages and of vermouths and other wines of fresh
                              grapes flavoured with plants or other aromatic substances
                            (Submitted by the Commission to the Council on 22 June 1982)
THE COUNCIL OF THE EUROPEAN                                    characteristics which make them distinguishable from
COMMUNITIES,                                                  others; whereas their name generally includes a
                                                              geographical ascription; whereas, therefore, so that
Having regard to the Treaty establishing the                  the consumer may not be misled the use of these
European Economic Community, and in particular                ascriptions should be controlled and restricted to
Articles 43 and 235 thereof,                                  beverages which they describe;
Having regard to the proposal from the Commission,
                                                              Whereas the customary means of informing the
Having regard to the opinion of the           European        consumer is to include certain information on the
Parliament,                                                   label; whereas the labelling of spirituous beverages
                                                              and aromatized wines is subject to the general rules
Having regard to the opinion of the Economic and              laid down in Council Directive 79/112/EEC of
Social Committee,                                              18 December 1978 on the approximation of the laws
                                                              of the Member States relating to the labelling, pres-
Whereas there are no specific Community rules                 entation and advertising of foodstuffs for sale to the
governing the definition, description or presentation         ultimate customer ('); whereas, in view of the nature
of spirituous beverages or vermouths or other wines           of the products in question and so that the consumer
of fresh grapes flavoured with plants or other                may have fuller information, provisions additional to
aromatic substances, hereinafter referred to as               these general rules should be adopted, together with
'aromatized wines'; whereas, given the economic               any necessary derogations; whereas, in this context, it
importance of these products, it is necessary, in order       should, however, be borne in mind that the inclusion
to assist the functioning of the common market, to            on the label of certain information concerning
lay down common provisions on this subject;                   maturing or the minimum alcoholic strength for
                                                              release for human consumption in the Community is
Whereas spirituous beverages and aromatized wines             not sufficient to inform consumers with the necessary
constitute a major outlet for Community agriculture;          accuracy, in particular because of the proportion —
whereas this outlet is largely the result of the repu-        in some cases substantial — of total sales which is
tation which these products have acquired throughout          accounted for by consumption of beverages on the
the Community and on the world market; whereas                various premises on which they are sold; whereas, in
this reputation can be attributed to the quality of           this case, such concepts should be included in the
traditional products; whereas a certain quality               definition of the products;
standard should therefore be maintained for the
products in question if this outlet is to be preserved;
whereas the appropriate means of maintaining this             Whereas additional requirements should, in certain
quality standard is to define the products in question        cases, also be included; whereas, in particular, when
taking into account the traditional practices on which        ethyl alcohol is used it should be required that it be
their reputation is based; whereas, moreover, the             solely of agricultural origin, as is already customary
terms thus defined should be used only for products           in the Community, so as to continue to ensure a
of the same quality as traditional products so as to          major outlet for basic agricultural products;
prevent their being devalued;
                                                              Whereas Council Directive 80/778/EEC of 15 July
Whereas the specific nature of a number of spirituous
                                                              1980 relating to the quality of water intended for
beverages and aromatized wines in the Community
stems from the geographical origin of the raw
materials used and/or local production practices;
whereas such beverages have a quality or specific             (') O J N o L 3 3 , 8.2. 1979, p. 1.
 ---pagebreak--- No C 189/8                            Official Journal of the European Communities                                23.7.82
human consumption (*) and Council Directive                    Whereas transitional measures are necessary to faci-
80/777/EEC of 15 July 1980 on the approximation                litate the changeover to the system introduced by this
of the laws of the Member States relating to the               Regulation,
exploitation and marketing of natural mineral
waters (2) lay down the characteristics of water which
may be used in foodstuffs; whereas reference should            HAS ADOPTED THIS REGULATION:
be made thereto;
                                                                                          TITLE I
Whereas Article 46 of Counc.il Regulation (EEC)                    Provisions applicable only to spirituous beverages
No 337/79 of 5 February 1979 on the common
organization of the market in wine ( J ), as last                                         Article 1
amended by Regulation (EEC) No . . . (4), refers to            1.     In this Regulation the following general terms
oenological practices and processes; whereas the same         shall have the following meanings:
practices and processes should be authorized for the
production of aromatized wines;                                (a) Spirituous beverage:
                                                                      (i) An alcoholic liquid intended for human
Whereas the same Regulation, in Article 48 and                            consumption having particular organoleptic
Annex II, and Council Regulation (EEC) No 339/79                          qualities and produced:
of 5 February 1979 defining certain products falling
                                                                          — either directly by distillation, with or
within heading Nos 20.07, 22.04 and 22.05 of the
                                                                              without added flavourings, of natural
Common Customs Tariff and originating in third
                                                                              fermented liquids;
countries (5) specify what is to be understood by
certain products in the wine sector; whereas reference                    — or by the addition of various flavourings,
should be made to these definitions;                                         various types of sugar or other products
                                                                              to ethyl alcohol of agricultural origin.
Whereas the proposal for a Council Directive on the                  (ii) The term 'spirituous beverage' shall also
approximation of the laws of the Member States                            cover the following:
relating to flavourings for use in foodstuffs and to                      — alcoholic liquids produced by mixing two
source materials for their production (6) contains                            or more spirituous beverages together or
proposals for definitions of various terms liable to be                       by mixing one or more alcoholic
used in connection with flavouring; whereas the same                          beverages with one or more spirituous
terminology should be used in this text, although it                          beverages;
should be adapted in line with the Council's findings                     — alcoholic liquids produced by adding a
concerning the proposal for a Directive in question;                          beverage to a spirituous beverage.
                                                                    (iii) Liqueur wines, sparkling wines, semi-
Whereas it is preferable to act by way of a Regulation                    sparkling wines and aromatized wines shall
in order to ensure the uniform and simultaneous                           not be considered spirituous beverages.
implementation of the measures in question; whereas
since the Treaty makes no other provision for                 (b) Category of spirituous beverage:
measures to this effect in respect of industrial                    all spirituous beverages which correspond to a
products such as the beverages already referred to,                 given definition"
these measures should be adopted on the basis of
Article 235 of the Treaty;                                    (c) Sugar:
                                                                    semi-white sugar, white sugar, refined white
Whereas, to simplify and expedite the procedure, the                sugar, dextrose, fructose, glucose syrup, liquid
Commission          should be instructed       to   adopt           sugar, invert liquid sugar, invert sugar syrup.
implementing measures of a technical nature;
whereas, for this purpose, provision should be made            (d)    Mixing:
for a procedure whereby the Member States and the                   combining two or more different beverages to
Commission can cooperate closely within an                          make a new beverage.
Implementation Committee;
                                                               (e) Coupage:
O   OJ No L 229, 30. 8. 1980, p. 11.                                adding ethyl alcohol of agricultural origin to a
(2) OJ No L 229, 30. 8. 1980, p. 1.                                 spirituous beverage.
O   O J N o L 5 4 , 5. 3. 1979, p. 1.
(4) OJ No L 359, 15. 12. 1981, p. 1.                          (f)    Blending:
O   OJ No L 54, 5. 3. 1979, p. 57.                                  combining two or more spirituous beverages
(') OJ No C 144, 13. 6. 1980, p. 9.                                 belonging to the same category and distinguished
 ---pagebreak--- 23.7.82                           Official Journal of the European Communities                            No C 189/9
    only by minor differences in composition due to               — having the specific organoleptic charac-
    one or more of the following:                                     teristics of rum, more or less pronounced but
    — the methods of preparation themselves;                          always discernible.
    — the stills employed;
    — the age of the products;                                (b)  Whisky or whiskey:
    — the geographical area of production.                         a spirituous beverage produced by distillation of
    The spirituous beverage so produced belongs to                 a mash of cereals
    the same category as the original spirituous                  — saccharified by the diastase of the malt
    beverages before blending.                                        contained therein, with or without other
                                                                      added natural diastases;
(g) Maturing or ageing:                                           — fermented by the action of yeast;
    allowing certain reactions to develop naturally, in           — distilled at less than 94 • 8 % vol. so that the
    the wood, thereby giving the spirituous beverage                  distillate has an aroma and flavour derived
    in question organoleptic qualities previously                     from the raw materials used, aged for at least
    absent.                                                           three years in wooden casks holding less than
                                                                      700 1.
(h) Ethyl alcohol of agricultural origin:
    ethyl alcohol obtained from agriculutral products         (c) Grain spirit:
    listed in Annex II to the Treaty.
                                                                  a spirituous beverage produced by distillation, at
                                                                  less than 95 % vol., of a fermented mash of
(i) Alcoholic strength by volume:                                 cereals, having organoleptic          characteristics
    the alcohol content as defined in Council                     derived from the raw materials used.
    Directive 76/766/EEC of 27 July 1976 on the
    approximation of the laws of the Member States
    relating to alcohol tables (1).                           (d)  Korn:
                                                                  a spirituous beverage produced without added
(j) Actual alcoholic strength by volume:                          flavouring either by distillation of a femented
                                                                  mash of whole grains of wheat, barley, oats, rye
    the number of volumes of pure alcohol at 20 °C
                                                                  or buckwheat exclusively or from a grain spirit
    contained in 100 volumes of the product at the
                                                                  obtained by distillation of a fermented mash of
    same temperature.
                                                                  whole grains of wheat, barley, oats, rye or
                                                                  buckwheat.
(k) Potential alcoholic strength by volume:
    the number of volumes of pure alcohol at 20 °C
    which would be produced by total fermentation             (e) Juniper-flavoured spirituous beverage:
    of the sugar contained in 100 volumes of the                  a spirituous beverage produced by flavouring
    product at the same temperature.                              ethyl alcohol of agricultural origin, a grain spirit
                                                                  or korn with juniper berries before, during or
(1) Total alcoholic strength by volume:                           after distillation.
    The sum of the actual and potential alcoholic                 Other flavourings may additionally be used but
    strengths by volume.                                          there must be a predominant taste of juniper.
                                                                  Subject to     certain conditions as regards manu-
2.    In this Regulation the following terms relating             facture, to    be determined in accordance with the
to spirituous beverages shall have the following                  procedure     laid down in Article 14, the beverage
meanings:                                                         shall bear     one of the following names: 'gin',
                                                                  'genievre',   'jenever', 'wacholder'.
(a)   Rum:
     a spirituous beverage
                                                              (f)  Cumin-flavoured spirituous beverage:
     — produced exclusively by alcoholic fermen-
         tation and distillation either of molasses or             a spirituous beverage produced by flavouring
         syrup produced in the manufacture of cane                ethyl alcohol of agricultural origin, a grain spirit
         sugar or of sugar-cane juice, from which the             or korn with cumin before, during or after
         aromatic principles which give rum its specific          distillation.
         characteristics have not been removed;                    Other flavourings may additionally be used but
                                                                  there must be a predominant taste of cumin.
                                                                  The beverage may bear the name 'akvavit',
(') OJ No L 262, 27. 9. 1976, p. 149.                             subject to certain conditions to be determined in
 ---pagebreak--- N o C 189/10                            Official Journal of the European Communities                               23.7.82
     accordance with the procedure laid down in                      — distilled at less than 86 % vol. so that the
     Article 14.                                                          distillate retains the aromatic principles of the
                                                                          raw materials used;
(g) Aniseed-flavoured spirituous beverage:                           — containing a total quantity of volatile subs-
                                                                          tances other than ethyl and methyl alcohol
     a spirituous beverage produced by flavouring                         exceeding 140 g per hi of 100 % vol. alcohol;
     ethyl alcohol of agricultural origin with aniseed
     after distillation.                                             — having a maximum methyl alcohol content of
                                                                          1 000 g per hi of 100 % vol. alcohol.
     Other flavourings may additionally be used but
     there must be a predominant taste of aniseed.
     Subject to certain conditions as regards manu-             (1)   Grappa:
     facture, to be determined in accordance with the
     procedure laid down in Article 14, the beverage                 a spirituous beverage
     shall bear one of the following names: 'anis',                  — produced exclusively by direct distillation       of
     'pastis', 'ouzo', 'liqueur d'anis'.                                  grape marc to which may be added                a
                                                                          percentage of less to be determined            in
                                                                          accordance with the procedure laid down        in
(h)    Vodka:
                                                                          Article 14;
     a spirituous beverage produced by filtering ethyl               — containing a total quantity of volatile subs-
     alcohol of agricultural origin through activated                     tances other than ethyl and methyl alcohol
     charcoal to reduce selectively the natural                           exceeding 140 g per hi of 100 °/o vol. alcohol;
     organoleptic characteristics of the raw materials
     used. The product may be given special                          — having a maximum methyl alcohol content of
     organoleptic characteristics by the addition of                      1 000 g per hi of 100 % vol. alcohol.
     flavouring.
                                                                (m) Cherry, plum, mirabelle, peach, apple, pear or other
                                                                     fruit spirits:
(i)   Wine spirit:
                                                                      spirituous beverages
     a spirituous beverage
     — produced by distillation of wine or wine                      — produced exclusively by alcoholic fermen-
         fortified for distillation exclusively, or by                    tation and distillation of one of the above
         re-distillation of a raw wine distillate;                        fruits; •
     — containing a total quantity of volatile subs-                  — distilled at less than 86 % vol. so that the
         tances other than ethyl and methyl alcohol                       distillate has an aroma and flavour derived
         exceeding 125 g per hi of 100 % vol. alcohol;                    from the raw materials used;
     — having a maximum methyl alcohol content of                     — containing a total quantity of volatile subs-
         200 g per hi of 100 % vol. alcohol.                              tances other than ethyl and methyl alcohol
                                                                          exceeding 200 g per hi of 100 % vol. alcohol;
(j)   Brandy or Weinbrand:                                            — having a maximum methyl alcohol content of
                                                                           1 000 g per hi of 100 % vol. alcohol.
     a wine spirit                                                    However, raspberry, blackberry, bilberry and
     — containing a total quantity of volatile subs-                  other wild berry or fruit spirits may also be
         tances other than ethyl and methyl alcohol                   produced by distillation in agricultural alcohol of
          exceeding 200 g per hi of 100 % vol. alcohol;               the partially fermented berries exclusively, with a
     — which has been aged for at least one year in                   maximum yield of 20 1 of 100 % vol. alcohol for
          oak receptacles or for at least six months in               every 100 kg of fruit used.
          oak casks holding less than 1 000 1.                        The hydrocyanic acid content of stone-fruit
                                                                      spirits may not exceed 10 g per hi of 100 % vol
                                                                       alcohol.
(k) Grape marc or marc spirit:
      a spirituous beverage                                      (n) Cider or perry spirits:
     — produced exclusively by distillation of grape
          marc, with or without added water, to which                 spirituous beverages
          may be added a percentage of less to be                     — produced exclusively by distillation of
          determined in accordance with the procedure                      beverages obtained by fermentation of apple
          laid down in Article 14;                                         or pear juice;
 ---pagebreak--- 23. 7. 82                          Official Journal of the European Communities                           N o C 189/11
      — satisfying the requirements of the second,             The spirituous beverages in question, the authorized
          third and fourth indents relating to fruit            additions and the detailed rules governing such
          spirits.                                              additions shall be determined in accordance with the
                                                               procedure laid down in Article 14.
(o) Gentian spirit:
                                                                                        Article 3
      a spirituous beverage produced by distillation of
      a fermented mash of gentian roots.                        1.    For the spirituous beverages listed below, the
                                                               minimum alcoholic strength by volume for release for
(p)    Liqueur:                                                human consumption in the Community under one of
      a spirituous beverage produced by flavouring             the names appearing in Article 1 (2) and (3) shall be
      ethyl alcohol of agricultural origin or a spirituous     as follows:
      beverage and containing at least 100 g of sugar          (a) for whisky or whiskey: 40 % by volume;
      or honey per litre.                                      (b) for rum, spirits, gin, vodka and akvavit: 38 % by
                                                                    volume;
(q)    Advocaat:                                               (c) for korn: 32 °/o by volume;
      a spirituous beverage produced by adding egg             (d) for juniper-flavoured spirituous beverages other
      yolk or whole egg and sugar or honey to ethyl                 than gin, cumin-flavoured spirituous beverages,
      alcohol of agricultural origin or to a spirituous             other than       akvavit and     aniseed-flavoured
      beverage and having a minimum egg yolk                        spirituous beverages: 30 % by volume.
      content of 100 g per litre.
                                                               2.    A minimum alcoholic strength by volume in
                                                               excess of that for the category to which the spirituous
3.     In this Regulation the following terms relating         beverage in question belongs may be fixed for each of
to particular spirituous beverages shall have the              the spirituous beverages listed in Annex II.
following meanings:
                                                               3.    The Council, acting by a qualified majority on a
(a) Bourbon whisky:                                            proposal from the Commission, may fix minimum
                                                               alcoholic strengths by volume for categories of
     a spirituous beverage produced exclusively by the
                                                               beverages other than those referred to in paragraph 1.
     direct distillation at not more than 80 % vol. of a
                                                               In accordance with the same procedure the Council
     fermented mash of mixed cereal grains, at least
                                                               shall determine the minimum alcoholic strengths by
     51 % of which must be maize, and aged for at
                                                               volume referred to in paragraph 2.
     least two years in new charred oak barrels.
(b) 'Sljivovica'plum     spirit:                                                        TITLE II
     a plum spirit originating in Yugoslavia           and          Provisions applicable only to aromatized wines
     marketed under the name of 'Sljivovica'.
                                                                                        Article 4
4.     Detailed rules for the application of this Article,     1.    In this Regulation the following terms shall have
including the methods of analysis to be used, shall be         the following meanings:
adopted in accordance with the procedure laid down
in Article 14.                                                 (a) Aromatized     wine:
                                                                    a beverage, often coloured, consisting of wine or
                                                                   must, with or without added ethyl alcohol of
                                                                    agricultural origin and/or sugar, and prepared
                           Article 2                               with parts of plants or flavourings and possibly
1.     To be marketed for human consumption in the                 with egg, honey, milk or cream.
Community under one of the names listed in Article             (b) Dry aromatized wine:
1 (2) and (3) a spirituous beverage must comply with
the definition and requirements applicable to the                   aromatized wine with a sugar content of less than
category to which it belongs.                                       50 g per litre.
                                                               (c) Sweet aromatized wine:
2.     The addition to a spirituous beverage of sub-                aromatized wine with a sugar content of more
stances other than those expressly authorized shall                than 130 g per litre.
disqualify that beverage from the use of the restricted
name.                                                          (d) Egg-aromatized wine:
However, the restricted name may be used for                       aromatized wine prepared with egg yolk or egg
spirituous beverages which have been flavoured                     yolk extracts and with a sugar content of more
and/or sweetened and/or contain certain additives.                 than 200 g per litre.
 ---pagebreak--- No C 189/12                           Official Journal of the European Communities                             23.7.82
(e) Soda-aromatized wine:                                     However, the restricted name may be used for
     aromatized wine prepared with aerated mineral            aromatized wines which have been sweetened and/or
     water or soda water.                                     contain certain additives.
(f)   Vermouth:                                               3.     Without prejudice to the provisions of
     aromatized wine with a characteristic taste              paragraph 1 (b), the oenological practices and
     obtained by the use of appropriate substances            processes authorized for wines and musts in Article
     always including wormwoods.                              46 of Regulation (EEC) No 337/79 shall also be
                                                              authorized for aromatized wines.
2.     Detailed rules for the application of this Article,
including the methods of analysis to be used, shall be        4.     Detailed rules for the application of this Article,
adopted in accordance with the procedure laid down            including the derogations referred to in paragraph 2,
in Article 14.                                                shall be adopted in accordance with the procedure
                                                              laid down in Article 14.
                          Article 5
 1.    Aromatized wines must comply with the
following specifications in order to be marketed for                                   Article 6
human consumption in the Community under one of
                                                              1.     To be released for human consumption in the
the names listed in Article 4 (1):
                                                              Community as dry aromatized wines, the aromatized
                                                              wines in question must have:
(a) Only the following substances may be used in the
     preparation of aromatized wines:                         — a minimum actual alcoholic strength of 17 % vol.,
                                                                  and
      (i) in the case of wine: wines which may be
          offered or released for direct human                — a minimum total alcoholic strength of 18 % vol.
          consumption within the Community, as listed
          in Article 48 (2) of Regulation (EEC) No
                                                              2.     To be released for human consumption in the
          337/79, and imported liqueur, sparkling and
                                                              Community under one of the names listed in Article
          aerated wines as defined in Article 2 of Regu-
                                                              4 (1) (a), (c), (d) and (f), the aromatized wines in
          lation (EEC) No 339/79;
                                                              question must, except in certain cases, have;
     (ii) in the case of must: grape must, grape must in      — a minimum actual alcoholic strength of 15 % vol.,
          fermentation, fresh grape must with fermen-
          tation arrested by the addition of alcohol,         — a minimum total alcoholic strength of 20-5 %
          concentrated grape must and rectified                   vol., and
          concentrated grape must as defined in points        — a sugar content of not less than 50 g per litre.
          2, 3, 4, 5 and 5 a of Annex II to Regulation
          (EEC) No 337/79 and imported fresh grape
          must with fermentation arrested by the              3.     The exceptions referred to in the preceding
          addition of alcohol and concentrated grape          paragraph, including exceptions in respect of
          must as defined in Article 2 of Regulation          Maiwein, Kalte Ente and Gliihwein, shall be adopted
          (EEC) No 339/79;                                    in accordance with the procedure laid down in Article
                                                               14. The various alcoholic strengths by volume to
 (b) Wine and must used in the preparation of                 which the exceptions are subject shall -be determined
      aromatized     wines      must,   after   maximum       in accordance with the same procedure.
     enrichment of 2 % by volume, have a minimum
     total alcoholic strength of 10 % by volume.
                                                                                       TITLE III
 (c) Save as othej-wise provided, wine or must used in
      the preparation of an aromatized wine must be            Provisions applicable to both spirituous beverages and
      present in the finished product in a proportion of                           aromatized wines
      not less than 75 % by volume.
      This proportion, however, shall be 70 % for dry                                  Article 7
      aromatized wines and for certain sweet                   1.    The addition of water shall be authorized in the
      aromatized wines to be determined.                       preparation of spirtuous beverages and aromatized
                                                              wines.
 2.     The addition to an aromatized wine of
 substances other than those expressly authorized shall       The addition of water shall not alter the nature of a
 disqualify that beverage from the use of the restricted       spirituous beverage or aromatized wine provided that
 name.                                                         the quality of the water added is in conformity with
 ---pagebreak--- ^Bm^                                          COfficial journal of the European Communities                                     ^oC^U^B^
C^ommunitvrequirements^aslaiddowninLoirectives                                  ^      The C^ouncil^ acting bvaqualifiedmaioritv on
^OB^^BEE^ and ^OB^^BEEC^ concerning natural                                            aproposalfromtheC^ommission^mavamend
mineral water and the qualitvof water intended for                                     the list in Annex 11.
human consumption.
^. ^     L^he ethvl alcohol used in the preparation of
         spirituous beverages and aromatized wines
         must be solelv of agricultural origin.                             P       Eor spirituous beverages special provisions mav
                                                                           be laid down in respect of^
    ^    The ethvl alcohol used to extend or dissolve
         colouring matters^ flavourings or anv other                       ^      the use of certain words or initials^
         authorized additives used in the preparation of                   ^      t h e u s e o f certaincompositenamesincludingthe
         spirituous beverages or aromatized wines must                            word^brandvE
         be ethvl alcohol of agricultural origin.                          ^      the names of mixed beverages and mixtures of
    ^    The qualitvof the ethvl alcohol of agricultural                          spirituous beverages.
         origin must m e e t t h e specifications set out in
         Annex!
                                                                           ^.        Roraromatizedwinesspecialprovisionsmavbe
                                                                           laid down in respect of^
^5    COnlv natural aromatic substances^ substances
identical with natural aromatic substances and natural                     ^      t h e u s e o f the w o r d V i n e ' inassociation a n d o f
aromaticpreparations m a v b e u s e d as flavourings in                          terms including the word VineE
the preparation of spirituous beverages and                                d^ the names of beverages produced bv mixing
aromatized wines.                                                                 products listed in Article ^ with one another or
Rlavourings shall not be considered as colouring                                  with another beverage.
matter even where thev contribute to the colour of
the beverage.
                                                                           o5 The specialprovisionsreferredtoin paragraphs
                                                                            t a n d ^ a n d other detailed rules for the application of
^.    L^etailed rules for the application of this Articled                 this Article shall be adopted in accordance with the
including the methods of analysis to be used^ shall be                     procedure laid down in A r t i c l e d .
adopted in accordance w i t h t h e p r o c e d u r e l a i d down
in A r t i c l e d .
                                                                            1.      In addition to complying with national
 t.   Use of the names listed in Article t ^ a n d ^                       legislation adopted in accordance with Toirective
and A r t i c l e ^ ^ s h a l l b e r e s t r i c t e d t o the spirituous ^BM^BEEC^ the labelling and presentation of the
beverages and aromatized wines defined therein^                            spirituous beverages and aromatized wines defined in
taking into account the requirements laid down in                          A r t i c l e s l a n d ^ a n d intended for the final consumers
Articles^and^andinArticles^andDrespectivelv.                               as well as the advertising relating thereto^ shall
These names must be used in the C^ommunitv to                              complv with the provisions of paragraph^below
 describe the said beverages.
 ^pirituousbeverages and aromatized wines w h i c h d o
                                                                           ^. ^        The name under which theproducts referred
 not meet the specifications laid down for the products
                                                                                       to in Articles t and ^t are sold shall be the
 defined in A r t i c l e l ^ a n d ^ a n d A r t i c l e ^ ^ m a v
                                                                                       name restricted to them under A r t i c l e s ^ a n d ^ .
 not bear the names assigned to those products
 therein.                                                                       ^      The alcoholic strength s h a l l b e e x p r e s s e d a s a
                                                                                       percentage of thevolume a n d r o u n d e d o f f to
                                                                                       the nearest half percent.
 ^. ^      In cases where the spirituous beverages or
           aromatized wines inquestionderiveindividual                           ^     The list of ingredients need not mention the
           characteristics fromthe geographical originof                               following^
           the raw materials andBor the specific nature of                             — distillates of natural fermented liquids^
           the local production processes used which                                   — ethvl alcohol produced bv distillations
           make them distinguishable from others^ the                                  — water.
           name of suchbeverages m a v b e accompanied
                                                                                       The list of ingredients shall be preceded bv the
           or replaced bv a geographical ascriptions
                                                                                       word^contains5
           which shall not^ however^ correspond to an
           entire national territory.                                            ^ ^ h e r e the labelling refers to the raw material
                                                                                        used to produce the ethvl alcohol of agrP
           The use of such geographical ascriptions shall
                                                                                        cultural origins each tvpe of alcohol must be
           be restricted to these beverages.                                            mentioned in decreasing order of quantitv
           These beverages are listed in Annex 11.                                      used.
 ---pagebreak--- N o C 189/14                         Official Journal of the European Communities                           23. 7. 82
    (e) The name under which spirituous beverages, as                                 TITLE V
         referred to in paragraph 1 are sold, must be
         supplemented by the term 'coupage' where the                           General provisions
         product has been subjected to such treatment
                                                                                     Article 13
         and may be supplemented by the term 'blend'
         where the product has undergone blending.           1.     An Implementation Committee for Spirituous
                                                             Beverages and Aromatized Wines (hereinafter cal-
    (f) A period of maturing may be specified only           led 'the Committee') shall be set up, consisting of
         where it refers to the youngest component and       representatives of the Member States with a repres-
         provided that the product was aged under            entative of the Commission as chairman.
         revenue supervision or supervision affording
         equivalent guarantees.                              2.     Within the Committee the votes of Member
                                                             States shall be weighted in accordance with Article
                                                             148 (2) of the Treaty. The chairman shall not vote.
3.     The following shall be determined in accordance
with the procedure laid down in Article 14, in respect                               Article 14
of the products referred to in Article 1 (2) and (3)
                                                             1.     Where the procedure laid down in this Article is
and Article 4 (1):
                                                             to be followed, the chairman shall refer the matter to
                                                             the Committee either on his own initiative or at the
(a) The conditions under which the labelling may
                                                             request of the representative of a Member State.
     mention the duration of the maturation period or
     use indications of origin or provenance, including      2.     The representative of the Commission shall
     those referring to the raw materials employed.          submit a draft of the measures to be taken. The
                                                             Committee shall deliver its opinion on such measures
(b) The conditions governing the use of trade                within a period to be set by the chairman according
     descriptions which imply that the product has           to the urgency of the questions under consideration.
     been aged.                                              An opinion shall be adopted by a majority of 45
                                                             votes.
(c) The special provisions governing the use of terms
     referring to a certain property of the product,         3.     The Commission shall adopt measures which
     such as its history, its origin or the method by        shall apply immediately. However, if these measures
     which it is prepared.                                   are not in accordance with the opinion of the
                                                             Committee, they shall forthwith be communicated by
(d) The rules governing the labelling of products not        the Commission to the Council. In that event the
     intended for the final consumer, including any          Commission may defer application of the measures
     derogations from the labelling rules to take            for not more than one month from the date of such
      account in particular of warehousing and               communication.
     transport.                                              The Council, acting by a qualified majority, may take
                                                             a different decision within one month.
                         Article 11                                                  Article 15
Where a spirituous beverage or aromatized wine has           The Committee may consider any other question
been defined, expressions containing words such as           referred to it by its chairman either on his own
'like', 'type' or 'style' may not be used to describe        initiative or at the request of the representative of a
another spirituous beverage or aromatized wine.              Member State.
                                                                                     Article 16
                                                             This Regulation shall not apply to products intended
                                                             for exportation from the Community, with the
                          TITLE IV
                                                             exception of the products listed in Annex II.
                         Derogation
                                                                                     Article 17
                          Article 12                         This Regulation shall enter into force on the third
 In order to be offered for sale for human                   day following its publication in the Official Journal of
 consumption within the Community under the names             the European Communities.
whisky or whiskey, korn, brandy, weinbrand, grape            It shall apply from 1 July 1983.
 marc spirit, grappa, fruit spirit, cider spirit or perry
 spirit, the spirituous beverages concerned must not         This Regulation shall be binding in its entirety and
 have undergone coupage.                                     directly applicable in all Member States.
 ---pagebreak--- 23.7.82                      Official Journal of the European Communities                          No C 189/15
                                                       ANNEX I
                     Maximum level of impurities permitted in ethyl alcohol of agricultural origin
        — 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.: 10-1
        — Furfural: not detectable
        — Organoleptic characteristics: must not have an extraneous flavour
                                                      ANNEX II
        I. SPIRITUOUS BEVERAGES
           A. FEDERAL REPUBLIC OF GERMANY
              (a) Juniper-flavoured spirituous beverages:
                   Steinhager
              (b) Fruit spirits:
                   Schwarzwalder Himbeergeist
                   Schwarzwalder Kirsch
              (c) Liqueurs or specialities:
                   Bayerischer Gebirgsenzian
                   Benediktbeurer Klostergold
                   Chiemseer Klosterlikor
                   Ettaler Klosterlikor
                   KOnigsberger Barenfang
                   Ostpreufiischer Barenfang
                   Stonsdorfer
           B. FRANCE
                I. Spirits with a registered designation of origin
                   (a) Wine spirits
                       Cognac
                       Eaux-de-vie de Cognac
                       Eaux-de-vie des Charentes
                       Esprit de Cognac
                       Grande Fine Champagne
                       Grande Champagne
                       Petite Fine Champagne
                       Petite Champagne
                       Fine Champagne
                       Borderies
                       Fins Bois
 ---pagebreak--- N o C 189/16                            Official J o u r n a l of t h e E u r o p e a n C o m m u n i t i e s 23.7.82
                     Bons Bois
                     Armagnac
                     Bas-Armagnac
                     Haut-Armagnac
                     Tenareze
                 (b) Cider spirit
                     Calvados du Pays d'Auge
             II. Regulated spirits
                 (a) Wine spirits
                     Eaux-de-vie   de vin de la Marne
                     Eaux-de-vie   de vin originaire d'Aquitaine
                     Eaux-de-vie   de vin de Bourgogne
                     Eaux-de-vie   de vin originaire du Centre-Est
                     Eaux-de-vie   de vin originaire de Franche-Comte
                     Eaux-de-vie   de vin originaire du Bugey
                     Eaux-de-vie   de vin de Savoie
                     Eaux-de-vie de vin originaire des Coteaux de la Loire
                     Eaux-de-vie de vin des C6tes-du-Rh6ne
                     Eaux-de-vie de vin originaire de Provence
                     Faugeres or Eaux-de-vie de vin de Faugeres
                     Eaux-de-vie de vin originaire du Languedoc
                 (b) Marc spirits
                     Eaux-de-vie de marc de Champagne or Marc de Champagne
                     Eaux-de-vie de marc originaire d'Aquitaine
                     Fine Bordeaux
                     Eaux-de-vie de marc de Bourgogne
                     Eaux-de-vie de marc originaire du Centre-Est
                     Eaux-de-vie de marc originaire de Franche-Comte
                     Eaux-de-vie de marc originaire du Bugey
                     Eaux-de-vie de marc originaire de Savoie
                     Marc de Bourgogne
                     Marc de Savoie
                     Marc d'Auvergne
                     Eaux-de-vie de marc originaire des Coteaux de la Loire
                     Eaux-de-vie de marc des C6tes-du-Rh6ne
                     Eaux-de-vie de marc originaire de Provence
                     Eaux-de-vie de marc originaire du Languedoc
                     Marc d'Alsace Gewurztraminer
                     Marc de Lorraine
                 (c) Cider and perry spirits
                     Calvados
                     Calvados de l'Avranchin
                     Calvados du pays de Bray
                     Calvados du Calvados
                     Calvados du Cotentin
                     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
 ---pagebreak--- 23.7.82                      Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s N o C 189/17
                         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
                     (d) Fruit spirits
                         Mirabelle de Lorraine
                III. Traditional rums from the overseas departments
                     Rhum traditionnel de la Martinique
                     Rhum traditionnel de la Guadeloupe
                     Rhum traditionnel de la Reunion
                     Rhum traditionnel de la Guyane
               IV. Liqueurs
                     Cassis de Dijon
            C. IRELAND
               Irish "Whiskey
               Irish Pot Still Whiskey
            D. UNITED K I N G D O M
               (a)    Whisky
                     Scotch Whisky
               (b) Gin
                     Plymouth Gin
            E. DENMARK
               Cumin-flavoured spirituous beverage
               Aalborg akvavit
            F. ITALY
               Grappa
               Grappa di Barolo
            G. NETHERLANDS
               Juniper-flavoured spirituous beverages
               Schiedam
               Schiedamse jenever (genever)
               Friesche jenever (genever)
            H. GREECE
               Marc spirit
               Tsikoudia
            I. BELGIUM
               Juniper-flavoured spirituous beverage
               Hasselt
        II. AROMATIZED WINES
            A. FRANCE
               Vermouth de Chambery
            B. ITALY
               Vermouth de Turin