Regulation (EC) No 110/2008 of the European Parliament and of the CouncilShow full title

CHAPTER I U.K. SCOPE, DEFINITION AND CATEGORIES OF SPIRIT DRINKS

Article 1 U.K. Subject matter and scope

1. This Regulation lays down rules on the definition, description, presentation and labelling of spirit drinks as well as on the protection of geographical indications of spirit drinks.

2. This Regulation shall apply to all spirit drinks placed on the market in the Community whether produced in the Community or in third countries, as well as to those produced in the Community for export. This Regulation shall also apply to the use of ethyl alcohol and/or distillates of agricultural origin in the production of alcoholic beverages and to the use of the names of spirit drinks in the presentation and labelling of foodstuffs.

3. In exceptional cases where the law of the importing third country so requires, a derogation may be granted from the provisions of Annexes I and II in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).

Article 2 U.K. Definition of spirit drink

1. For the purpose of this Regulation, ‘spirit drink’ means an alcoholic beverage:

(a) intended for human consumption;

(b) possessing particular organoleptic qualities;

(c) having a minimum alcoholic strength of 15 % vol.;

(d) having been produced:

(i)

either directly:

• by the distillation, with or without added flavourings, of naturally fermented products, and/or

• by the maceration or similar processing of plant materials in ethyl alcohol of agricultural origin and/or distillates of agricultural origin, and/or spirit drinks within the meaning of this Regulation, and/or

• by the addition of flavourings, sugars or other sweetening products listed in Annex I(3) and/or other agricultural products and/or foodstuffs to ethyl alcohol of agricultural origin and/or to distillates of agricultural origin and/or to spirit drinks, within the meaning of this Regulation,

(ii)

or by the mixture of a spirit drink with one or more:

• other spirit drinks, and/or

• ethyl alcohol of agricultural origin or distillates of agricultural origin, and/or

• other alcoholic beverages, and/or

• drinks.

2. However, drinks falling within CN codes 2203, 2204, 2205, 2206 and 2207 shall not be considered spirit drinks.

3. The minimum alcoholic strength provided for in paragraph 1(c) shall be without prejudice to the definition for the product in category 41 in Annex II.

4. For the purpose of this Regulation the technical definitions and requirements are laid down in Annex I.

Article 3 U.K. Origin of ethyl alcohol

1. The ethyl alcohol used in the production of spirit drinks and all of their components shall not be of any origin other than agricultural, within the meaning of Annex I to the Treaty.

2. The ethyl alcohol used in the production of spirit drinks shall comply with the definition provided for in Annex I(1) to this Regulation.

3. The ethyl alcohol used to dilute or dissolve colorants, flavourings or any other authorised additives used in the preparation of spirit drinks shall be ethyl alcohol of agricultural origin.

4. Alcoholic beverages shall not contain alcohol of synthetic origin, nor other alcohol of non-agricultural origin within the meaning of Annex I to the Treaty.

Article 4 U.K. Categories of spirit drinks

Spirit drinks shall be classified into categories according to the definitions laid down in Annex II.

Article 5 U.K. General rules concerning the categories of spirit drinks

1. Without prejudice to the specific rules laid down for each of the categories numbered 1 to 14 in Annex II, the spirit drinks defined therein shall:

(a) be produced by the alcoholic fermentation and distillation exclusively obtained from the raw material provided for in the relevant definition for the spirit drink concerned;

(b) have no addition of alcohol as defined in Annex I(5), diluted or not;

(c) not contain added flavouring substances;

(d) only contain added caramel as a means to adapt colour;

(e) solely be sweetened to round off the final taste of the product, according to Annex I(3). The maximum level for the products used for rounding off listed under Annex I(3)(a) to (f) shall be decided upon in accordance with the regulatory procedure with scrutiny referred to in Article 25(3). The particular legislation of the Member States shall be taken into account.

2. Without prejudice to the specific rules laid down for each of the categories numbered 15 to 46 in Annex II, the spirit drinks defined therein may:

(a) be obtained from any agricultural raw material listed in Annex I to the Treaty;

(b) have addition of alcohol as defined in Annex I(5) to this Regulation;

[F1 (c) contain flavouring substances as defined in Article 3(2)(b) of Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods (1) and flavouring preparations as defined in Article 3(2)(d) of that Regulation;]

(d) contain colouring as defined in Annex I(10) to this Regulation;

(e) be sweetened to correspond to particular product characteristics and according to Annex I(3) to this Regulation and taking into account the particular legislation of the Member States.

3. Without prejudice to the specific rules laid down in Annex II, other spirit drinks which do not meet the requirements of categories 1 to 46 may:

(a) be obtained from any agricultural raw material listed in Annex I to the Treaty and/or foodstuff suitable for human consumption;

(b) have addition of alcohol as defined in Annex I(5) to this Regulation;

[F1 (c) contain one or more flavourings as defined in Article 3(2)(a) of Regulation (EC) No 1334/2008;]

(d) contain colouring as defined in Annex I(10) to this Regulation;

(e) be sweetened to correspond to particular product characteristics and according to Annex I(3) to this Regulation.

Textual Amendments

F1 Substituted by Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (Text with EEA relevance).

Article 6 U.K. Member States' legislation

1. In applying a quality policy for spirit drinks which are produced on their own territory and in particular for geographical indications registered in Annex III or for the establishment of new geographical indications, Member States may lay down rules stricter than those in Annex II on production, description, presentation and labelling in so far as they are compatible with Community law.

2. Member States shall not prohibit or restrict the import, sale or consumption of spirit drinks which comply with this Regulation.

CHAPTER II U.K. DESCRIPTION, PRESENTATION AND LABELLING OF SPIRIT DRINKS

Article 7 U.K. Definitions

For the purpose of this Regulation the terms ‘description’, ‘presentation’ and ‘labelling’ are defined in Annex I(14), (15) and (16).

Article 8 U.K. Sales denomination

In accordance with Article 5 of Directive 2000/13/EC, the name under which a spirit drink is sold (sales denomination) shall be subject to the provisions laid down in this Chapter.

Article 9 U.K. Specific rules concerning sales denominations

1. Spirit drinks which meet the specifications for the products defined in categories 1 to 46 of Annex II shall bear in their description, presentation and labelling the sales denomination assigned therein.

2. Spirit drinks which meet the definition laid down in Article 2 but which do not meet the requirements for inclusion in categories 1 to 46 of Annex II shall bear in their description, presentation and labelling the sales denomination ‘spirit drink’. Without prejudice to paragraph 5 of this Article, that sales denomination shall not be replaced or altered.

3. Where a spirit drink meets the definition of more than one category of spirit drink in Annex II, it may be sold under one or more of the names listed for those categories in Annex II.

4. Without prejudice to paragraph 9 of this Article and to Article 10(1), the names referred to in paragraph 1 of this Article shall not be used to describe or present in any way whatsoever any drink other than the spirit drinks for which those names are listed in Annex II and registered in Annex III.

5. Sales denominations may be supplemented or replaced by a geographical indication registered in Annex III and in accordance with Chapter III, or supplemented in accordance with national provisions by another geographical indication, provided that this does not mislead the consumer.

6. The geographical indications registered in Annex III may only be supplemented either:

(a) by terms already in use on 20 February 2008 for established geographical indications within the meaning of Article 20, or

(b) according to the relevant technical file provided for under Article 17(1).

7. An alcoholic beverage not meeting one of the definitions listed under categories 1 to 46 of Annex II shall not be described, presented or labelled by associating words or phrases such as ‘like’, ‘type’, ‘style’, ‘made’, ‘flavour’ or any other similar terms with any of the sales denominations provided for in this Regulation and/or geographical indications registered in Annex III.

8. No trade mark, brand name or fancy name may be substituted for the sales denomination of a spirit drink.

9. The names referred to in categories 1 to 46 of Annex II may be included in a list of ingredients for foodstuffs provided that the list is in accordance with Directive 2000/13/EC.

Article 10 U.K. Specific rules concerning the use of sales denominations and geographical indications

1. Without prejudice to Directive 2000/13/EC, the use of a term listed in categories 1 to 46 of Annex II, or of a geographical indication registered in Annex III in a compound term or the allusion in the presentation of a foodstuff to any of them shall be prohibited unless the alcohol originates exclusively from the spirit drink(s) referred to.

2. The use of a compound term as referred to in paragraph 1 shall also be prohibited where a spirit drink has been diluted so that the alcoholic strength is reduced to below the minimum strength specified in the definition for that spirit drink.

3. By way of derogation from paragraph 1, the provisions of this Regulation shall not affect the possible use of the terms ‘amer’ or ‘bitter’ for products not covered by this Regulation.

4. By way of derogation from paragraph 1 and in order to take account of established production methods, the compound terms listed in category 32(d) of Annex II may be used in the presentation of liqueurs produced in the Community under the conditions set out therein.

Article 11 U.K. Description, presentation and labelling of mixtures

1. Where there has been addition of alcohol, as defined in Annex I(5), diluted or not, to a spirit drink listed in categories 1 to 14 of Annex II, that spirit drink shall bear the sales denomination ‘spirit drink’. It may not bear in any form a name reserved in categories 1 to 14.

2. Where a spirit drink listed in categories 1 to 46 of Annex II is mixed with:

(a) one or more spirit drinks, and/or

(b) one or more distillates of agricultural origin,

it shall bear the sales denomination ‘spirit drink’. This sales denomination shall be shown clearly and visibly in a prominent position on the label and shall not be replaced or altered.

3. Paragraph 2 shall not apply to the description, presentation or labelling of a mixture referred to in that paragraph if it meets one of the definitions laid down in categories 1 to 46 of Annex II.

4. Without prejudice to Directive 2000/13/EC, the description, presentation or labelling of the spirit drinks resulting from the mixtures referred to in paragraph 2 of this Article may show one or more of the terms listed in Annex II only if that term does not form part of the sales denomination but is solely listed in the same visual field in the listing of all the alcoholic ingredients contained in the mixture, preceded by the term ‘mixed spirit drink’.

The term ‘mixed spirit drink’ shall be labelled in uniform characters of the same font and colour as those used for the sales denomination. The characters shall be no larger than half the size of the characters used for the sales denomination.

5. For the labelling and presentation of the mixtures referred to in paragraph 2 and to which the requirement to list alcoholic ingredients under paragraph 4 applies, the proportion of each alcoholic ingredient shall be expressed as a percentage in descending order of quantities used. That proportion shall be equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the mixture.

Article 12 U.K. Specific rules concerning the description, presentation and labelling of spirit drinks

1. Where the description, presentation or labelling of a spirit drink indicates the raw material used to produce the ethyl alcohol of agricultural origin, each agricultural alcohol used shall be mentioned in descending order of quantity used.

2. The description, presentation or labelling of a spirit drink may be supplemented by the term ‘blend’, ‘blending’ or ‘blended’ only where the spirit drink has undergone blending, as defined in Annex I(7).

3. Without prejudice to any derogation adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3), a maturation period or age may only be specified in the description, presentation or labelling of a spirit drink where it refers to the youngest alcoholic component and provided that the spirit drink was aged under revenue supervision or supervision affording equivalent guarantees.

Article 13 U.K. Prohibition of lead-based capsules or foil

Spirit drinks shall not be held with a view to sale or placed on the market in containers fitted with closing devices covered by lead-based capsules or foil.

Article 14 U.K. Use of language in the description, presentation and labelling of spirit drinks

1. The particulars provided for in this Regulation shall be given in one or more official languages of the European Union in such a way that the final consumer can easily understand each of those items of information, unless the consumer is provided with the information by other means.

2. The terms in italics in Annex II and the geographical indications registered in Annex III shall not be translated on the label nor in the presentation of the spirit drink.

3. In the case of spirit drinks originating in third countries, use of an official language of the third country in which the spirit drink was produced shall be authorised if the particulars provided for in this Regulation are also given in an official language of the European Union in such a way that the final consumer can easily understand each item.

4. Without prejudice to paragraph 2, in the case of spirit drinks produced in the Community and intended for export, the particulars provided for in this Regulation may be repeated in a language other than an official language of the European Union.

F2 CHAPTER III U.K. [F2 GEOGRAPHICAL INDICATIONS

F2 Article 15 U.K. Geographical indications

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F2 Article 16 U.K. Protection of geographical indications

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F2 Article 17 U.K. Registration of geographical indications

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F2 Article 18 U.K. Cancellation of a geographical indication

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F2 Article 19 U.K. Homonymous geographical indications

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F2 Article 20 U.K. Established geographical indications

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F2 Article 21 U.K. Alteration of the technical file

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F2 Article 22 U.K. Verification of compliance with the specifications in the technical file

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F2 Article 23 U.K. Relation between trade marks and geographical indications]

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Textual Amendments

F2 Deleted by Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008.

CHAPTER IV U.K. GENERAL, TRANSITIONAL AND FINAL PROVISIONS

Article 24 U.K. Control and protection of spirit drinks

1. Member States shall be responsible for the control of spirit drinks. They shall take the measures necessary to ensure compliance with the provisions of this Regulation and in particular they shall designate the competent authority or authorities responsible for controls in respect of the obligations established by this Regulation in accordance with Regulation (EC) No 882/2004.

2. Member States and the Commission shall communicate to each other the information necessary for the application of this Regulation.

3. The Commission, in consultation with the Member States, shall ensure the uniform application of this Regulation and if necessary shall adopt measures in accordance with the regulatory procedure referred to in Article 25(2).

[F3 Article 24a U.K. Derogation from nominal quantities requirements in Directive 2007/45/EC

By way of derogation from Article 3 of Directive 2007/45/EC of the European Parliament and of the Council (2) , and from the sixth row of section 1 of the Annex to that Directive, single distilled shochu (3) produced by pot still and bottled in Japan, may be placed on the Union market in nominal quantities of 720 ml and 1 800  ml.]

Textual Amendments

F3 Inserted by Regulation (EU) 2018/1670 of the European Parliament and of the Council of 23 October 2018 amending Regulation (EC) No 110/2008 as regards nominal quantities for the placing on the Union market of single distilled shochu produced by pot still and bottled in Japan.

Article 25 U.K. Committee

1. The Commission shall be assisted by the Committee for Spirit Drinks.

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. Where reference is made to this paragraph, Articles 5a and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 26 U.K. Amendment of the Annexes

The Annexes shall be amended in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).

Article 27 U.K. Implementing measures

The measures necessary for the implementation of this Regulation shall be adopted in accordance with the regulatory procedure referred to in Article 25(2).

Article 28 U.K. Transitional and other specific measures

1. In accordance with the regulatory procedure with scrutiny referred to in Article 25(3), measures to amend this Regulation shall be adopted, where appropriate:

(a) to facilitate by 20 February 2011 the transition from the rules provided for in Regulation (EEC) No 1576/89 to those established by this Regulation;

(b) to derogate from Articles 17 and 22 in duly justified cases;

(c) to establish a Community symbol for geographical indications for the spirit drinks sector.

2. In accordance with the regulatory procedure referred to in Article 25(2), measures shall be adopted, where appropriate, to resolve specific practical problems, such as by making it obligatory, in certain cases, to state the place of manufacture on the labelling to avoid misleading the consumer and to maintain and develop Community reference methods for the analysis of spirit drinks.

3. Spirit drinks not meeting the requirements of this Regulation may continue to be produced in accordance with Regulation (EEC) No 1576/89 until 20 May 2009. Spirit drinks not meeting the requirements of this Regulation but which have been produced in accordance with Regulation (EEC) No 1576/89 prior to 20 February 2008 or until 20 May 2009 may continue to be placed on the market until stocks run out.

Article 29 U.K. Repeal

1. Regulation (EEC) No 1576/89 is hereby repealed. References made to the repealed Regulation shall be construed as being made to this Regulation.

2. Commission Regulations (EEC) No 2009/92(4), (EC) No 1267/94(5) and (EC) No 2870/2000(6) shall continue to apply.

Article 30 U.K. Entry into force

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

It shall apply from 20 May 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.