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Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89
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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).
By way of derogation from Article 3 of Directive 2007/45/EC of the European Parliament and of the Council (1) , and from the sixth row of section 1 of the Annex to that Directive, single distilled shochu (2) 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
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.
The Annexes shall be amended in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
The measures necessary for the implementation of this Regulation shall be adopted in accordance with the regulatory procedure referred to in Article 25(2).
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.
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(3), (EC) No 1267/94(4) and (EC) No 2870/2000(5) shall continue to apply.
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.
[F1Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 laying down rules on nominal quantities for prepacked products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC ( OJ L 247, 21.9.2007, p. 17 ).]
[F1As referred to in Annex 2-D to the Agreement between the European Union and Japan for an Economic Partnership.]
Commission Regulation (EEC) No 2009/92 of 20 July 1992 determining Community analysis methods for ethyl alcohol of agricultural origin used in the preparation of spirit drinks, aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (OJ L 203, 21.7.1992, p. 10).
Commission Regulation (EC) No 1267/94 of 1 June 1994 applying the agreements between the European Union and third countries on the mutual recognition of certain spirit drinks (OJ L 138, 2.6.1994, p. 7). Regulation as amended by Regulation (EC) No 1434/97 (OJ L 196, 24.7.1997, p. 56).
Commission Regulation (EC) No 2870/2000 of 19 December 2000 laying down Community reference methods for the analysis of spirit drinks (OJ L 333, 29.12.2000, p. 20). Regulation as amended by Regulation (EC) No 2091/2002 (OJ L 322, 27.11.2002, p. 11).
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