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
Modified by
  • Regulation (EC) No 1334/2008 of the European Parliament and of the Councilof 16 December 2008on 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), 32008R1334, December 31, 2008
  • Commission Regulation (EU) No 164/2012of 24 February 2012amending Annex III to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks, 32012R0164, February 25, 2012
  • Treatybetweenthe Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland(Member States of the European Union)andthe Republic of Croatiaconcerning the accession of the Republic of Croatia to the European Union, 12012J, April 24, 2012
  • Commission Regulation (EU) No 1065/2013of 30 October 2013amending Annex III to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks, 32013R1065, October 31, 2013
  • Commission Regulation (EU) No 97/2014of 3 February 2014amending Annex III to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks, 32014R0097, February 4, 2014
  • Commission Regulation (EU) No 98/2014of 3 February 2014amending Annexes II and III to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks, 32014R0098, February 4, 2014
  • Commission Regulation (EU) No 426/2014of 25 April 2014amending Annex II to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks, 32014R0426, April 26, 2014
  • Commission Regulation (EU) 2015/210of 10 February 2015amending Annexes II and III to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks, 32015R0210, February 11, 2015
  • Commission Regulation (EU) 2016/235of 18 February 2016amending Annex II to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks, 32016R0235, February 19, 2016
  • Commission Regulation (EU) 2016/1067of 1 July 2016amending Annex III to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks, 32016R1067, July 2, 2016
  • Commission Regulation (EU) 2018/175of 2 February 2018amending Annex II to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks, 32018R0175, February 6, 2018
  • Commission Regulation (EU) 2018/1098of 2 August 2018amending and correcting Annex III to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks, 32018R1098, August 3, 2018
Regulation (EC) No 110/2008 of the European Parliament and of the Councilof 15 January 2008on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 CHAPTER ISCOPE, DEFINITION AND CATEGORIES OF SPIRIT DRINKS
Article 1Subject matter and scope1.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 2Definition of spirit drink1.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/orby 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/orby 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/orethyl alcohol of agricultural origin or distillates of agricultural origin, and/orother alcoholic beverages, and/ordrinks.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 3Origin of ethyl alcohol1.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 4Categories of spirit drinksSpirit drinks shall be classified into categories according to the definitions laid down in Annex II.
Article 5General rules concerning the categories of spirit drinks1.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;(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 foodsOJ L 354, 31.12.2008, p. 34. 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;(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.
Article 6Member States' legislation1.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.
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