1.Without prejudice to provisions adopted pursuant to paragraphs 2 to 5, if any substance other than those authorized by Community legislation or, failing that, by national provisions is added, the spirit drink in question shall lose the right to the reserved name.
2.The list of authorized food additives, the directions for their use and the spirit drinks concerned shall be determined by the procedure laid down in Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States on the additives which may be used in foodstuffs(1).
3.The list of authorized processing aids, the directions for their use and the spirit drinks concerned may be determined by the procedure laid down in Article 15.
4.Without prejudice to the more restrictive provisions of Article 1 (4), the colouring of spirit drinks shall be authorized in accordance with the national rules established pursuant to the Council Directive of 23 October 1962 on the approximation of the rules of the Member States concerning the colouring matters authorized for use in foodstuffs intended for human consumption(2), as last amended by the Act of Accession of Spain and Portugal.
5.Only natural flavouring substances and preparations as defined in Article 1 (2) (b) (i) and Article 1 (2) (c) of Directive 88/388/EEC may be used in the preparation of the spirit drinks defined in Article 1 (4), except in the case of those defined in Article 1 (4) (m), (n) and (p).
However, nature-identical flavouring substances and preparations as defined in Article 1 (2) (b) (ii) of Directive 88/388/EEC shall be authorized in liqueurs except those mentioned below:
(a)Fruit liqueurs (or crèmes):
(a)pineapple,
blackcurrant,
cherry,
raspberry,
mulberry,
bilberry,
citrus fruit[F1,]
arctic bramble,
cranberry,
lingonberry,
sea buckthorn;] ]
(b)plant liqueurs:
(b)mint,
gentian,
aniseed,
génépi,
vulnerary.
6.In the preparation of spirit drinks, the addition of water, possibly distilled or demineralized, shall be authorized, provided that the quality of the water conforms to the national provisions adopted in implementation of Directives 80/777/EEC and 80/778/EEC and that the water added does not change the nature of the product.
7.(a)The ethyl alcohol used in the preparation of spirit drinks may not be of any origin other than agricultural.
(b)The ethyl alcohol used to dilute or dissolve colorants, flavourings or any other authorized additives used in the preparation of spirit drinks must be ethyl alcohol of agricultural origin.
(c)Without prejudice to more restrictive provisions laid down in Article 1 (4) (m) (1), the quality of the ethyl alcohol of agricultural origin must meet the specifications set out in Annex I.
8.Detailed rules, including the methods to be used for analyzing spirit drinks, shall be adopted in accordance with the procedure laid down in Article 14.
The lists of liqueurs appearing in the second subparagraph of paragraph 5 may be supplemented by the Council acting by a qualified majority on a proposal from the Commission.
Textual Amendments
F1 Substituted by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (94/C 241/08).
OJ No 115, 11. 11. 1962, p. 2645/62.