Article 5

1

Without prejudice to measures adopted pursuant to Article 6, use of the names referred to in Article 1 (4) shall be restricted to the spirit drinks defined therein, account being taken of the requirements laid down in Articles 2, 3, 4 and 12. These names must be used to describe the said drinks.

Spirit drinks which do not meet the specifications laid down for the products defined in Article 1 (4) may not bear the names assigned therein to those products. They must be described as: ‘spirit drinks’ or ‘spirits’.

2

The names listed in paragraph 1 may be supplemented by geographical indications other than those in paragraph 3, provided that they do not mislead consumers.

3

a

The geographical designations listed in Annex II may replace the designations referred to in paragraph 1 or supplement them, forming composite designations. These designations, whether composite or not, may if necessary be accompanied by additional particulars provided that the latter are regulated by the Member State of production.

By way of derogation from the preceding subparagraph, the words marque nationale luxembourgeoise shall replace the geographical designation and may supplement the names of the spirits produced in the Grandy Duchy of Luxembourg as listed in Annex II.

b

These geographical designations shall be reserved for spirit drinks in the case of which the production stage during which they acquired their character and definitive qualities took place in the geographical area indicated.

c

Member States may apply specific national rules on production, movement within a Member State, description and presentation to products manufactured within their territories, in so far as they are compatible with Community law. Where they are applied in pursuit of a quality policy, such rules may restrict production in a given geographical area to quality products complying with the specific rules concerned.

F1Poland may require that for the production of vodka on its territory labelled as Polish Wodka/Polska Wódka solely specific raw materials of Polish origin are used or following traditional specifications and within the context of a quality policy pursued by Poland.