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Regulation (EC) No 110/2008 of the European Parliament and of the CouncilShow full title
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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- Revised 08/06/20190.63 MB
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Article 9U.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 [F1Great Britain's GIs Register].
5.Sales denominations may be supplemented or replaced by a geographical indication registered in [F2Great Britain's GIs Register] and in accordance with Chapter III [F3of Regulation (EU) 2019/787], 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 [F4Great Britain's GIs Register] may only be supplemented either:
(a)by terms already in use on 20 February 2008 for established geographical indications F5..., or
(b)according to the relevant technical file provided for under [F6paragraph 1 of Article 22 of Regulation (EU) 2019/787, as read with paragraph 2 of that Article].
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 [F7Great Britain's GIs Register].
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 [F8Regulation (EU) No 1169/2011].
[F910.In this Article, ‘established geographical indication’ means a geographical indication within the meaning of Article 3(4) of Regulation (EU) 2019/787 to which Article 54(2) of the EU withdrawal agreement applies.]
Textual Amendments
F1Words in Art. 9(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(8)(a)
F2Words in Art. 9(5) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(8)(b)(i)
F3Words in Art. 9(5) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(8)(b)(ii)
F4Words in Art. 9(6) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(8)(c)(i)
F5Words in Art. 9(6)(a) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(8)(c)(ii)
F6Words in Art. 9(6)(b) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(8)(c)(iii)
F7Words in Art. 9(7) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(8)(d)
F8Words in Art. 9(9) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(8)(e)
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