ORGANISATION MONDIALE 
DU COMMERCE 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce IP/N/lIGBR/G/2 
6 aout 1996 
(96-3133) 
Original: anglais 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Royaume-Uni 
Le present document contient le texte des lois et reglementations ci-apres1, notifiees par le 
Royaume-Uni au titre de l'article 63:2 de l' Accord (voir le document IP/N/lIGBRlI): 
Reglement (CEE) n° 1576/89 du Conseil du 29 mai 1989 
Reglement (CEE) n° 1601189 du Conseil du 10 juin 1991 
Reglement (CE) n° 3378/94 du Parlement europeen et 
du Conseil du 22 decembre 1994 
1 Anglais seulement. 2 
19 
28 IP/N/lIGBRlG/2 
Page 2 
12. 6. 89 Official Journal of the European Communities No L 16011 
(Acts whose publication is obligatory) 
COUNCIL REGULATION (EEC) No 1576/89 
of 29 May 1989 
laying down general rules on the definition, description and presentation of spirit drinks 
THE COU~CILOF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 43 and 
100a thereof, 
Having regard to the proposal from the, Commission (1), 
In cooperation with the European Parliament (2), 
Having regard to the opinion of the Economic and Social 
Committee (3), 
Whereas at the moment there are no specific Community 
provisions governing spirit drinks, in particular as concerns 
the definition of these products and the requirements relating 
to their description and presentation; whereas, given the 
economic importance of these products, it is necessary, in 
order to assist the functioning of the common market, to lay 
down common provisions on this subject; 
Whereas spirit drinks constitute a major outlet for 
Community agriculture; whereas this outlet is largely the 
result of the reputation which these products have acquired 
throughout the Community and on the world market; 
whereas this reputation can be attributed to the quality of 
traditional products; whereas a certain quality standard 
should therefore be maintained for the products in question if 
this ourlet is to be preserved; whereas the appropriate means 
of maintaining this quality standard is to define the products 
in question taking into account the traditional practices on 
\vhich their reputation is based; whereas, moreover, the 
terms thus defined should be used only for products of the 
S:lme quality as traditional products so as to prevent their 
being devalued; 
(I) OJ No C 189,23.7.1982, p. 7 Jnd OJ No C 269, 25.10.1986, 
p.4'. 
P) Opinion published in OJ No C 127, 14. 5.1984, p. 175 and 
Decision of 24 }"hy 1989 (nor yet published in the Official 
Journal). 
(l) OJ No C 124, 9.5. 1983, p. 16. \'V'hereas Community rules should reserve, for certain 
territories among which certain countries may, by way of 
exception, appear, the use of geographical designations 
referring to them, provided that the stages of production 
during which the finished product acquires its characteristics 
and definitive properties are completed in the geographical 
area in question; whereas, by thus conferring exclusive rights 
on the producers concerned, the Community rules will 
ensure that the designations in question continue to serve as 
indications of provenance and will prevent them from 
entering the public domain and becoming generic terms; 
whereas the designations in question also perform the 
function of informing the consumer as to the provenance of 
products characterized by the raw materials used or by the 
special processes employed in their manufacture; 
\X'hereas the normal and customary means of informing the 
consumer is to include certain information on the label; 
whereas the labelling of spirit drinks is subject to the general 
rules laid down in Council Directive 7911121EEC of 1 S 
December 1978 on the approximation of the laws of the 
Member States relating to labelling, presentation and 
advertising of foodstuffs (4), as last amended by Directive 
86/197/EEC (5); whereas, in view of the nature of the 
products in question and so that the consumer may have 
fuller information, specific provisions additional to these 
general rules should be adopted and whereas, in particular, 
there should be incorporated, in the definition of products, 
concepts relating to maturation and minimum alcoholic 
strength for release for human consumption; 
Whereas, although Directive 79/1121EEC requires the 
printing of certain particulars on the labelling, it is somewhat 
lacking in clarity as regards the place of manufacture; 
whereas this concept is of particular importance in the sector 
of the drinks concerned owing to the fact that the consumer 
often makes an association between the drinks in question 
and the place of its manufacture; whereas the absence of such 
an indication may give the consumer the impression of a false 
origin; whereas this danger should be avoided by 
(~) OJ No L 33, 8. 2. 1979, p. 1. 
(5) OJ No L 144, 29. S. 1986, p. 38. IP IN I lIGBRlG/2 
Page 3 
No L 160/2 Official Journal of the European Communities 12. 6. 89 
making it obligatory, in certain cases, to state the place of 
manufacture on the labelling; 
Whereas additional requirements should, in certain cases, 
also be laid down; \vhereas, in particular, when ethyl alcohol 
is used it should be required that it be solely of agricultural 
origin, as is already customary in the Community, so as to 
continue to ensure a major outlet for basic agricultural 
products; 
Whereas Council Directive 801778/EEC of 15 July 1980 
relating to the quality of water intended for human 
consumption (I), and Council Directive 801777 IEEC of 15 
July 1980 on the approximation of the laws of the Member 
States relating to the exploitation and marketing of natural 
mineral waters(2), as last amended by the Act of Accession of 
Spain and Portugal, lay down the characteristics of the water 
which may be used in foodstuffs; whereas reference should be 
made thereto: 
Whereas Council Directive 801 388/EEC of 22June 1988 on 
the approximation of the laws of the Member States relating 
to flavourings for use in foodstuffs and to source materials 
for their production (3) puts forward definitions of various 
terms liable to be used in connection with flavouring: 
whereas the same terminology should be used in this 
Regulation; 
Whereas specific provisions should be adopted concerning 
description and presentation for imported spirit drinks, 
bearing in mind the Community's commitments in its 
relations with third countries; 
Whereas, in order to defend the reputation of Community 
products on the world market, the same rules should be 
extended to exported products, except where there are 
contrary provisions, bearing in mind traditional habits and 
practices; 
Whereas it is preferable to act by way of a Regulation in order 
to ensure the uniform and simultaneous implementation of 
the measures in question; 
Whereas, to simplify and expedite the procedure, the 
Commission should be entrusted with adopting 
implementing measures of a technical nature; whereas, for 
this purpose, provision should be made for a procedure 
whereby the Member States and the Commission can 
cooperate closely within an implementation committee; 
Whereas transitional measures are necessary to facilitate the 
changeover to the system introduced by this Regulation, 
(1) OJ No L 229, 30.8.1980, p. 11. 
(2) OJ No L 229, 30. 8. 1980, p. l. 
(3) OJ No L 184, 15. 7. 1988, p. 61. HAS ADOPTED THIS REGULATION: 
Article 1 
1. This Regulation lays down the general rules on the 
definition, description and presentation of spirit drinks. 
2. For the purposes of this Regulation spirit drink shall 
mean an alcoholic liquid: 
intended for human consumption, 
having particular organoleptic qualities and, except in 
the case of the products listed under point I of Annex Ill, a 
minimum alcoholic strength of 15 % vol, and 
produced 
either directly by the distillation, with or without 
added flavourings, of natural fermented products, 
andlor by the maceration of vegetable substances 
andlor the addition of flavourings, sugars or other 
sweetening products listed in paragraph 3 (a) andl or 
other agricultural products to ethyl alcohol of 
agricultural origin and/ or to distillate of agricultural 
origin and lor to spirit as defined in this 
Regulation 
or by the mixture of a spirit drink with: 
one or more other spirit drinks, 
ethyl alcohol of agricultural origin, distillate of 
agricultural origin or spirit, 
one or more alcoholic drinks, 
one or more drinks. 
However, drinks falling within CN codes 2203 00, 2204, 
2205, 2206 00 and 2207 shall not be considered spirit 
drinks. 
3. Preliminary definitions 
For the purposes of this Regulation, the following terms shall 
have the meanings indicated: 
(a) sweetening: 
using one or more of the following products in the 
preparation of spirit drinks: 
semi-white sugar, white sugar, refined white sugar, 
dextrose, fructose, glucose syrup, liquid sugar, invert 
liquid sugar, invert sugar syrup, rectified concentrated 
grape must, concentrated grape must, fresh grape must, 
burned sugar, honey, carob syrup, or using other 
natural carbohydrate substances having a similar effect 
to the above products. 
'Burned sugar' means the product obtained exclusively 
from the controlled heating of sucrose without bases, 
mineral acids or other chemical additives; IP/N/lIGBRlG/2 
Page 4 
12. 6. 89 Official Journal of the European Communities No L 16013 
(b) mixing: 
combining two or more different drinks to make a new 
drink; 
(c) addition of alcohol: 
adding ethyl alcohol of agricultural origin ro a spirit 
drink; 
(d) blending: 
combining two or more spirit drinks belonging ro the 
same category and distinguished only by minor 
differences in composition due ro one or more of the 
following factors: 
the methods of preparation themselves, 
the stills employed, 
the period of maturation or ageing, 
the geographical area of production. 
The spirit drink so produced belongs ro the same 
category as the original spirit drinks before blending; 
(e) maturation or ageing: 
allowing certain reactions ro develop naturally in 
appropriate containers, thereby giving the spirit drink in 
question organoleptic qualities previously absent; 
(f) flavouring: 
using in the preparation of spirit drinks one or more of 
the flavourings defined in Article 1 (2) (a) of Directive 
88/388/EEC; 
(g) colouring: 
using one or more colorants in the preparation of spirit 
drinks; 
(h) ethyl alcohol of agricultural origin: 
ethyl alcohol which possesses the properties listed in 
Annex I ro this Regulation and has been obtained by the 
distillation, after alcoholic fermentation, of agricultural 
products listed in Annex II to the Treaty, excluding spirit 
drinks as defined in paragraph 2. Where reference is 
made ro the raw material used, the alcohol must be 
obtained solely from that raw material; 
(i) distillate of agricultural origin: 
an alcoholic liquid which is obtained by ~he distillation, 
after alcoholic fermentation, of agricultural products 
listed in Annex II to the Treaty but which does not have 
the properties of ethyl alcohol as defined in (h) or of a 
spirit drink but still retains the aroma and taste of the 
raw materials used. Where reference is made ro the raw 
material used, the distillate must be obtained solely from 
that raw material; (j) alcoholic strength by volume: 
the ratio of the volume of pure alcohol present in the 
product in question at 20°C ro the rotal volume of that 
product at the same temperature; 
(k) volatile substances content: 
the quantity of volatile substances other than ethyl and 
methyl alcohol contained in a spirit drink obtained 
exclusively by distillation, as a result solely of the 
distillation or redistilIation of the raw materials used; 
(1) place of manufacture: 
the place or region in which there rook place that stage in 
the process of manufacturing the finished product which 
conferred on the spirit drink its character and essential 
definitive qualities; 
(m) category of spirit drinks: all spirit drinks covered by the 
same definition. 
4. Definition of different categories of spirit drinks 
For the purposes of this Regulation the following terms shall 
have the meanings indicated: 
(a) Rum: 
(1) A spirit drink produced exclusively by alcoholic 
fermentation and distillation, either from molasses 
or syrup produced in the manufacture of cane sugar 
or from sugar-cane juice itself and distilled at less 
than 96 % vol s·o that the distillate has the 
discernible specific organoleptic characteristics of 
rum. 
(2) The spmt produced exclusively by alcoholic 
fermentation and distillation of sugar-cane juice 
which has the aromatic characteristics specific ro 
rum and a coment of volatile substances equal ro or 
exceeding 225 grams per hectolitre of alcohol of 
100 % vo1. This spirit may be marketed with the 
word 'agricultural' qualifying the designation 'rum' 
accompanied by any of the geographical 
designations of the French Overseas Departments 
as listed in Annex H. 
(b). V?hisky or whiskey: 
A spirit drink produced by the distillation of a mash of 
cereals 
saccharified by the diastase of the malt contained 
therein, with or without other natural enzymes, 
fermented by the action of yeast, 
distilled at less than 94,8 % vol, so that the distillate 
has an aroma and taste derived from the raw 
materials used, 
and matured for at least three years in wooden casks not 
exceeding 700 litres capacity. JP IN I lIGBR/G/2 
Page 5 
No L 160/4 Official Journal of the Euro C .. pean ommunltlCs 12. 6. 89 
(c) Grain spirit: 
(1) A spirit drink produced by the distillation of a 
fermented mash of cereals and having organoleptic 
characteristics derived from the raw materials 
used. 
'Grain spirit' may be replaced by Kont or 
Kornbrand, for the drink produced in Germany 
and in regions of the Community where German is 
one of the official languages provided rhat this 
drink is traditionally produced in these regions and 
if the grain spirit is obtained there without any 
additive: 
either exclusively by the distillation of a 
fermented mash of whole grains of wheat, 
barley, oats, rye or buckwheat with all their 
component parts, 
or by the redistillation of a distillate obtained in 
accordance with the first subparagraph. 
(2) For a grain spirit to be designated 'grain brandy', it 
must have been obtained by distillation at less than 
95 % vol from a fermented mash of cereals, 
presenting organoleptic features deriving from the 
raw materials used. ' 
(d) Wine spirit: 
A spirit drink 
produced exclusively by the distillation at less than 
86 % vol of wine or wine fortified for distillation or 
by the redistillation of a wine distillate at less than 
86 % vol, 
containing a quantity of volatile substances equal to 
or exceeding 125 grams per hectolitre of 100 % vol 
alcohol, and 
having a maximum methyl alcohol content of 200 
grams per hectolitre of 100 % vol alcohol. 
Where this drink has been matured, it may continue to 
be marketed as 'wine spirit' if it has matured for as long 
as, or longer than, the period stipulated for the product 
referred to in (e). 
• (e) Brandy or Weinbrand: 
A spirit drink 
produced from wine spirit, whether or not blended 
with a wine distillate distilled at less than 94,8 % vol 
provided that the said distillate does not exceed a 
maximum of 50 % by volume of the finished 
product, 
matured for at least one year in oak receptables or for 
at least six months in oak casks with 2 capacity ofless 
than 1 000 litres, 
containing a quantity of volatile substances equal to 
or exceeding 125 grams per hectolitre of 100 % vol 
alcohol, and derived exclusively from the distillation 
or redistillation of the raw materials used, 
having a maximum methyl alcohol content of 200 
grams per hectolitre of 100 % vol alcohol. . (f) Grape marc spirit or grape m:uc: 
(I) (a) A spirit drink 
produced from grape o1:uc fermented and 
distilled either directly by water vapour, or 
after water has been added; a percentage of 
lees that is to be determined in accordance 
with the procedure laid down in Article 15 
may be added to the marc, the distillation 
being carried out in the presence of the 
marc itself at less than 86 % vol. 
Redistillation at the same alcoholic 
strength is authorized, 
containing a quantity of volatile substances 
equal to or exceeding 140 grams per 
hectolitre of 100 % vol alcohol and having 
a maximum methyl alcohol content of 
1 000 grams per hectolitre of 100 % vol 
alcohol. 
(b) However, during the transitional period 
provided for Portugal in the 1985 Act of 
Accession, subparagraph (a) shall not preclude 
the marketing in Portugal of grape marc spirit 
produced in Portugal and having a maximum 
methyl alcohol content of 1 500 grams per 
hectolitre of 100 % \'01 alcohol. 
(2) The name 'grape marc' or 'grape marc spirit' may be 
replaced by the designation grappa solely for the 
spirit drink produced in Italy. 
(g) Fruit marc spirit: 
A spirit drink produced by the fermentation and 
distillation of fruit marc. The distillation conditions, 
product characteristics and other provisions shall be 
established in accordance with the procedure laid down 
in Article 15. 
(h) Raisin spiri~ or raisin brandy: 
A spirit drink produced by the distillation of the product 
obtained by the alcoholic fermentation of extract of 
dried grapes of the 'Corinth Black' or 'Malaga muscat' 
varieties, distilled at less than 94,5 % vol, so that the 
distillate has an aroma and taste derived from the raw 
material used . 
(i) Fruit spirits: 
(1) (a) Spirit drinks 
produced exclusively by the alcoholic 
fermentation and distillation of fleshy fruit 
or must of such fruit, with or without 
stones, 
distilled at less than 86 % vol so that the 
distillate has an aroma and taste derived 
from the fruits distilled, 
having a quantity of volatile substances 
equal to or exceeding 200 grams per 
hectolitre of 100 % vol alcohol, and 
having a maximum methyl alcohol content 
of 1 000 grams per hectolitre of 100 % vol 
alcohol, and IP/N/lIGBRlG/2 
Page 6 
12.:.6. 89 Official Journal of the European Communities No L 16015 
in the case of stone-fruit spirits, having a 
hydrocyanic acid content not exceeding 10 
grams per hectolirre of 100 % vol 
alcohol. 
(b) Derogations from the pro\'isions of the third, 
fourth and fifth indents of subparagraph (a) 
may be adopted in accordance with the 
procedure laid down in Article 15, in 
particular where the manufacture and sale of 
traditional products provide a substantial 
proportion of the income of certain fruit 
producers in the Community. 
(c) Drinks thus defined shall be called 'spirit' 
preceded by the name of the fruit, such as: 
cherry spirit or kirsch, plum spirit or slivovitz, 
mirabelle, peach, apple, pear, apricot, fig, 
citrus or grape spirit or other fruit spirits. They 
may also be called wasser, with the name of the 
fruit. 
The name WiIliams may be used only to 
describe pear spirit produced solely from pears 
of the 'Williams' variety. 
Whenever two or more fruits are distilled 
together, the product shall be called 'fruit 
spirit'. The name may be supplemented by that 
of each fruit, in decreasing order of quantity 
used. 
(d) The cases and conditions in which the name of 
the fruit may replace the name 'spirit' preceded 
by the name of the fruit in question shall be 
determined in accordance the procedure laid 
down in Article 15. 
(2) The name 'spirit' preceded by the name of the fruit 
may also be used for spirit drinks produced by 
macerating, within the minimum proportion of 100 
kilograms of fruit per 20 litres of 100 % vol alcohol, 
certain berries and other fruit such as raspberries, 
blackberries, bilberries and others, whether 
partially fermented or unfermented, in ethyl 
alcohol of agricultural origin or in spirit or distillate 
as defined in this Regulation, followed by 
distillation. 
The conditions for using the name 'spirit' preceded 
by the name of the fruit with a view to avoiding 
confusion with the fruit spirits in point 1 and the 
fruit in question shall be determined by the 
procedure laid down in Article 15. 
(3) The spmt drinks obtained by macerating 
unfermented whole fruit such as that referred to in 
point 2 in ethyl alcohol of agricultural origin, 
followed by distillation, may be called geist', with 
the name of the fruit. (j) Cider spirit, cider bralldy or perry spirit: 
Spirit drinks 
produced exclusively by the distillation of cider or 
perry, and 
satisfying the requirements of the second, third and 
fourth indents of subparagraph (i) (1) (a) relating to 
fruit spirits. 
(k) Gentian spirit: 
A spirit drink produced from a distillate of gentian, itself 
obtained by the fermentation of gentian roots with or 
without the addition of ethyl alcohol of agricultural 
origin. 
(I) Fruit spirit drinks: 
(1) Spirit drinks obtained by macerating fruit in ethyl 
alcohol of agricultural origin andl or in distillate of 
agricultural origin and 1 or in spirit as defined in this 
Regulation and within a minimum proportion to be 
determined by means of the procedure laid down in 
Article 15. 
The flavouring of these Splflt drinks may be 
supplemented by flavouring substances and/or 
flavouring preparations other than those which 
come from the fruit used. These flavouring 
substances and flavouring preparations are defined 
respectively in Article 1 (2) (b) (i) and (c) of 
Directive 88/388/EEC. However, the 
characteristic taste of the drink and its colour must 
come exclusively from the fruit used. 
(2) The drinks so defined shall be called 'spirit drinks' 
or 'spirit' preceded by the name of the fruit. The 
cases and conditions in which the name of the fruit 
may replace those names shall be determined by 
means of the procedure laid down in Article 15. 
However, the name Pacharan may be used solely 
for the 'fruit spirit drink' manufactured in Spain and 
obtained by macerating sloes (prul1us espinosa) 
within the minimum proportion of 250 grams of 
fruit per litre of pure alcohol. 
(m) Juniper-flavoured spirit drinks: 
(1) (a) Spirit drinks produced by flavouring ethyl 
alcohol of agricultural origin and lor grain 
spirit and/or grain distillate with juniper 
ljuniperus communis) berries. 
Other natural and lor nature-identical 
flavouring substances as defined in Article 1 
(2) (b) (i) and (ii) of Directive 88/388/EEC 
and/or flavouring preparations defined in 
Article 1 (2) (c) of that Directive, and/or 
aromatic plants or parts of aromatic plants 
may be used in addition, but the organoleptic 
characteristics of juniper must be discernible,_ 
even if they are sometimes attenuated. JP IN I lIGBRlG/2 
Page 7 
No L 160/6 Official Journal of the European Communities 12. 6. 89 
(b) The drinks may be called W' acholder, ginebra, 
or genebra. Use of these names is to be 
determined in accordance with the procedure 
laid down in Article 15. 
(c) The alcohols used for the spirit drinks called 
gel1ievre, jenever, gcneuer and peket, must be 
organoleptically suitable for the manufacture 
of the aforementioned products and have a 
maximum methyl content of 5 grams per 
hectolitre of 100 % \'01 alcohol and a 
maximum aldehyde content expressed as 
acetaldehyde of 0,2 grams per hectolitre of 
100 % vol alcohol. In the case of such 
products, the taste of juniper berries need not 
be discernible. 
(2) (a) The drink may be called 'gin' if it is produced 
by flavouring organoleptically suitable ethyl 
alcohol of agricultural origin with natural 
and/ or nature-identical flavouring substances 
as defined in Article 1 (2) (b) (i) and (ii) of 
Directive 88/388/EEC and/or flavouring 
preparations as defined in Article 1 (2) (c) of 
that Directive so that the taste is 
predominantly that of juniper. 
(b) The drink may be called 'distilled gin' if it is 
produced solely by redistilling organo­
leptically suitable ethyl alcohol of agricultural 
origin of an appropriate quality with an initial 
alcoholic strength of at least 96 % vol in stills 
traditionally used for gin, in the presence of 
juniper berries and of other natural botanicals 
provided that the juniper taste is predominant. 
The term 'distilled gin' may also apply to a 
mixture of the product of such distillation and 
ethyl alcohol of agricultural origin with the 
same composition, purity and alcoholic 
strength. Natural and/or nature-identical 
flavouring substances and/or flavouring 
preparations as specified at (a) may also be 
used to flavour distilled gin. London gin is a 
type of distilled gin. 
Gin obtained simply by adding essences or 
flavourings to ethyl alcohol of agricultural 
origin shall not qualify for the description 
'distilled gin'. 
(n) Caraway-flavoured spirit drinks: 
(1) Spirit drinks produced by flavouring ethyl alcohol 
of agricultural origin with caraway (Carum carvi 
L.). 
Other natural and / or nature-identical flavouring 
substances as defined in Article 1 (2) (b) (i) and (ii) of Directive 88/ 388/EEC and/or flavouring 
preparations as defined in Article 1 (2) (c) of that 
Directive may additional!"y be used but there must 
be a predominant taste of caraway. 
(2) (a) The spirit drinks defined in point 1 may also be 
called akuavit or aqllauit if they are flavoured 
with a distillate of plants or spices. 
Other flavouring substances specified in the 
second subparagraph of point 1 may be used in 
addition, but the flavour of these drinks is 
largely attributable to distillates of caraway 
and/ or dill (Ancthwn gravcolens L.) seeds, the 
use of essential oils being prohibited. 
(b) The bitter substances must not obviously 
dominante the taste; the dry extract content 
may not exceed 1,5 grams per 100 
millilitres. 
(0) Aniseed-flavoured spirit drinks: 
(1) Spirit drinks produced by flavouring ethyl alcohol 
of agricultural origin with natural extracts of star 
ani se (Illicium verum), anise (Pimpinella al1iswn), 
fennel (Foclliculum vulgare), or any other plant 
\vhich contains the same principal aromatic 
constituent, using one of the following processes: 
maceration and/ or distillation, 
redistillation of the alcohol in the presence of 
the seeds or other parts of the plants specified 
above, 
addition of natural distilled extracts of 
aniseed-flavoured plants, 
a combination of these three methods. 
Other natural plant extracts or aromatic seed may 
also be used, but the aniseed taste must remain 
predominant. 
(2) For an aniseed-flavoured spirit drink t9 be 'called 
'pastis' it must also contain natural extracts of 
liquorice root (Glycyrrhiza glabra), which implies 
the presence of the colorants known as 'chalcones' 
as well as glycyrrhizic acid, the minimum and 
maximum levels of \vhich must be 0,05 and 0,5 
grams per litre respectively. 
Pastis contains less than 100 grams of sugar per litre 
and has a minimum and maximum anethole level of 
1,5 and 2 grams per litre respectively. 
(3) For an aniseed-flavoured spirit drink to be called 
'ouzo' it must: 
-have been produced exclusively in Greece, IP/N/lIGBRlG/2 
Page 8 
12. 6. 89 Official Journal of the European Communities No L 16017 
have been produced by blending alcohols 
flavoured by means of distillation or 
maceration using aniseed and possibily fennel 
seed, mastic from a lentiscus indigenous to the 
island of Chios (Pistacia lelltisCtts Chia or 
latifolia) and other aromatic seeds, plants and 
fruits; the alcohol flavoured by distillation must 
represent at least 20 % of the alcoholic strength 
of the ouzo. 
That distillate must: 
have been produced by distillation in traditional 
discontinuous copper stills with a capacity of 
1 000 litres or less, 
have an alcoholic strength of not less than 55 % 
vol an not more than 80 % vo1. 
Ouzo must be colourless and have a sugar content 
of 50 grams or less per litre. 
(4) For an aniseed-flavoured spirit drink to be called 
al1is, its characteristic flavour must be derived 
exclusively from anise (pimpinella anisum) and/or 
star anise (illicium 'verum) and/or fennel 
(foeniculum vulgare). The name 'distilled anis' may 
be used if the drink contains alcohol distilled in the 
presence of such seeds, provided such alcohol 
constitutes at least 20 % of the drink's alcoholic 
strength. 
(p) Bitter-tasting spirit drinks or bitter: 
Spirit drinks with a predominantly bitter taste produced 
by flavouring ethyl alcohol of agricultural origin with 
natural and/ or nature-identical flavouring substances as 
defined in Article 1 (2) (b) (i) and (ii) of Directive 
88/388/EEC and/or flavouring preparations as 
defined in Article 1 (2) (c) of that Directive. 
The drinks may also be marketed as 'amer' or bitter with 
or without another term. 
This provision shall not affect the possible use of the 
terms Camer' for bitter for products not covered by this 
Article. 
(q) Vodka: 
A spirit drink produced by either rectifying ethyl alcohol 
of agricultural origin or filtering it through activated 
charcoal, possibly followed by straightforward 
distillation or an equivalent treatment, so that the 
organoleptic characteristics of the raw materials used 
are selectively reduced. The product may be given 
special organoleptic characteristics, such as a mellow 
taste, by the addition of flavouring. (r) Liqueur: 
(1) A spirit drink: 
having a minimum sugar content of 100 grams 
per litre expressed as invert sugar, without 
prejudice to a different decision taken in 
accordance with the procedure laid down in 
Article 15, 
produced by flavouring ethyl alcohol of 
agricultural origin or a distillate of agricultural 
origin or one or more spirit drinks as defined in 
this Regulation or a mixture of the above, 
sweetened and possibly with the addition of 
products of agricultural origin such as cream, 
milk or other milk products, fruit, wine or 
flavoured wine. 
(2) The name 'creme de' follo\ved by the name of a fruit 
or the raw material used, excluding milk products, 
shall be reserved for liqueurs with a minimum sugar 
content of 250 grams per litre expressed as invert 
sugar. 
The name 'creme de cassis' shall, however, be 
reserved for blackcurrant liqueurs containing at 
least 400 grams of sugar, expressed as invert sugar, 
per litre. 
(s) Egg liqueur / advocaat/ avocat/ Advokat: 
A spirit drink whether or not flavoured, obtained from 
ethyl alcohol of agricultural origin, the ingredients of 
which are quality egg yolk, egg white and sugar or 
honey. The minimum sugar or honey content must be 
150 grams per litre. The minimum egg yolk content 
must be 140 grams per litre of the final product. 
(t) Liqueur with egg: 
A spirit drink whether or not flavoured, obtained from 
ethyl alcohol of agricultural origin, the ingredients of 
which are quality egg yolk, egg white and sugar or 
honey. The minimum sugar or honey content must be 
150 grams per litre. The minimum egg yolk content 
must be 70 grams per IJtre of the final product. 
Article 2 
Subject to Articles 3,4 and 12, in order to be marketed for 
human consumption under one of the names listed in Article 
1 (4) a spirit drink must comply with the definition and 
requirements applicable to the category to which it 
belongs. 
Article 3 
1. With the exception of juniper-flavoured spirit drinks as 
defined in Article 1 (4) (m) (1), for the spirit drinks listed 
below, the minimum alcoholic strength by volume for release IP/N/1/GBRlG/2 
Page 9 
NoL160/8 Official Journal of the European Communities 12. 6. 89 
for human consumption in the Community under one of the 
names listed in Article 1 (4), with the exception of certain 
specific products whose alcoholic strength is indicated in 
Annex III, shall be as follows: 
-40% whisky/whiskey 
pastis 
-37,5% rum 
Runt-Versclmitt 
wine spirit 
grape marc spirit 
fruit marc spirit 
raisin spirit 
fruit spirit 
cider spirit, eider bra/1dy and perry spirit 
gentian spirit 
ginl distilled gin 
akvavit/aquavit 
vodka 
grappa 
ouzo 
Kornbrand 
36 % brandy/Weinbrand 
35 % grain spirit I grain brandy 
. anis 
32 % Korn 
30 % caraway-flavoured spirit drinks (except 
akvavit/ aquavit) 
25 % fruit spirit drinks 
15 % aniseed-flavoured spirit drinks (except ouzo, 
pastis, anis) 
the other products referred to in Article 1 (4) 
and not listed above. 
2. National prOVlSlons may set a minimum alcoholic 
strength by volume which is higher than the values referred to 
in paragraph 1 for the spirit drinks listed in Annex II. 
l\Jember States shall notify the Commission of such alcoholic 
strengths within three months of: 
either the entry into force of this Regulation, in the case of 
existing provisions, 
or their adoption, in the case of any provisions which may 
be adopted after this Regulation comes into force. 
The Commission shall ensure that they are published in the 
'C' series of the Official Journal of the European 
Communities. 
3. The Council, acting by a qualified maJonty on a 
proposal from the Commission, may fix minimum alcoholic 
strengths by volume for categories of drinks other than those 
referred to in paragraph 1. 
4. 'Before 31 December 1992, the Council will review the 
mi'nimum alcoholic strength of whisky/whiskey on the basis 
of a market study by the Commission. Article 4 
1. Without prejudice to provisions adopted pursuant to 
paragraphs 2 to 5, if any substance other than those 
authorized by Community legislation or, failing that, by 
national provisions is added, the spirit drink in question shall 
lose the right to the reserved name. 
2. The list of authorized food additives, the directions for 
their use and the spirit drinks concerned shaH be determined 
by the procedure laid down in Council Directive 
89 1107 IEEC of 21 December 1988 on the approximation of 
the laws of the Member States on the additives which may be 
used in foodstuffs (1). 
3. The list of authorized processing aids, the directions 
for their use and the spirit drinks concerned may be 
determined by the procedure laid down in Article 15. 
4. Without prejudice to the more restrictive provisions of 
Article 1 (4), the colouring of spirit drinks shall be authorized 
in accordance with the national rules established pursuant to 
the Council Directive of 23 October 1962 on the 
approximation of the rules of the Member States concerning 
the, colouring matters authorized for use in foodstuffs 
intended for human consumption (2), as last amended by the 
Act of Accession of Spain and Portugal. 
5. Only natural flavouring substances and preparations 
as defined in Article 1 (2) (b) (i) and Article 1 (2) (c) of 
Directive 88 1388 IEEC may be used in the preparation of the 
spirit drinks defined in Article 1 (4), except in the case of 
those defined in Article 1 (4) (m), (n) and (p). 
However, nature-identical fla \'ouring substances and 
preparations as defined in Article 1 (2) (b) (ii) of Directive 
88/388/EEC shall be authorized in liqueurs except those 
mentioned below: 
(a) Fruit liqueurs (or cremes): 
pineapple, 
bl ackcurrant, 
cherry, 
raspberry, 
mulberry, 
bilberry, 
citrus fruit; 
(b) plant liqueurs: 
mint, 
gentian, 
aniseed, 
genepi, 
vulnerary. 
(I) OJ No L 40,11. 2. 1989, p. 27. 
(2) OJ No 115, 11. 11. 1962, p. 2645/62. IP/NIlIGBRlG/2 
Page 10 
12. 6. 89 Official Journal of the European Communities No L 16019 
6. In the preparation of spirit drinks, the addition of 
water, possibly distilled or demineralized, shall be 
authorized, provided that the quality of the water conforms 
to the national provisions adopted in implementation of 
Directives 801777/EEC and 801778/EEC and that the 
water added does not change the nature of the product. 
7. (a) The ethyl alcohol used in the preparation of spirit 
drinks may not be of any origin other than 
agricultural. 
(b) The ethyl alcohol used to dilute or dissolve 
colorants, flavourings or any other authorized 
additives used in the preparation of spirit drinks 
must be ethyl alcohol of agricultural origin. 
(c) Without prejudice to more restrictive provisions laid 
down in Article 1 (4) (m) (1), the quality of the ethyl 
alcohol of agricultural origin must meet the 
specifications set out in Annex I. 
8. Detailed rules, including the methods to be used for 
analyzing spirit drinks, shall be adopted in accordance with 
the procedure laid down in Article 14. 
The lists of liqueurs appearing in the second subparagraph of 
paragraph 5 may be supplemented by the Council acting by a 
qualified majority on a proposal from the Commission. 
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 
subparagraph, the words marque preceding 
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 11. 
(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. 
Article 6 
1. Special prOVISIOns may govern indications used in 
addition to the sales description, i.e.: 
the use of terms, acronyms or signs, 
the use of compound terms including any of the generic 
terms defined in Article 1 (2) and (4). 
2. Special provisions may govern the names of mixtures 
of spirit drinks and those of mixtures of drinks and spirit 
drinks. 
3. The provisions referred to in paragraphs 1 and 2 shall 
be adopted in accordance with the procedure laid down in 
Article 15. They shall be designed in particular to prevent the 
creation of confusion by the names referred to in those 
paragraphs, especially regarding products in existence when 
this Regulation enters into force. 
Article 7 
1. In addition to complying with national legislation 
adopted in accordance with Directive 7911121 EEC, the 
labelling, presentation and advertising of spirit drinks 
defined in Article 1 (4) intended for the final consumer 'shall 
comply with paragraphs 2 and 3. 
2. (a) The name under which the products referred to in 
Article 1 (2) and (4) are sold shall be one of the 
names to be used exclusively for such products 
under Articles 5 and 6 (2). 
(b) Where the labelling indicates the raw material used 
to produce the ethyl alcohol of agricultural origin, 
each agricultural alcohol used must be mentioned in 
descending order of quantity used. JP IN 11 IGBRlG/2 
Page 11 
No L 160110 Official Journal of the European Communities 12. 6. 89 
(c) The name under which the spirit drinks referred to 
in paragraph 1 are sold may be supplemented by the 
term 'blend' where the product has undergone 
blending. 
(d) Saving exceptions, a maturation period may be 
specified only where it refers to the youngest 
alcoholic component and provided that the product 
was aged under revenue supervision or supervision 
affording equivalent guarantees. 
3. The following may, in the case of the products referred 
to in Article 1 (4), be determined in accordance with the 
procedure laid down in Article 14: 
(a) the conditions under which the labelling may specify a 
maturation period and those relating to the raw 
materials used; 
(b) the conditions governing the use of sales descriptions 
which imply that the product has been matured, 
together \vith any exceptions and the conditions for 
equivalent controls; 
(c) the special provIsions governing the use of terms 
referring to a certain property of the product, such as its 
history or the method by which it is prepared; 
(d) the rules governing the labelling of products in 
containers not intended for the final consumer, 
including any derogations from the labelling rules to 
take account in particular of warehousing and 
transport. 
4. The particulars provided for in this Regulation shall be 
given in one or more official languages of the Communities in 
such a \'lay that the final consumer can readily understand 
each item, unless purchasers are provided with the 
information by other means. 
5. The geographical designations listed in Annex Il, the 
terms in italics in Article 1 (4) and the designation 
Rum-Verschnitt must not be translated. 
However, at the request of the Member State of 
consumption, it may be decided, by the procedure laid down 
in Article 14, that the said terms in italics and, in particular, 
raisin brandy shall be supplemented by equivalent terms so 
that consumers of the said Member State are not misled. 
6. In the case of products originating in third countries, 
use of an official language of the third country in which the 
product has been made shall be authorized if the particulars 
provided for in this Regulation are also given in an official 
language of the Communities in such a way that the final 
consumer can readily understand each item. 
7. Without prejudice to Article 12, in the case of products 
originating in the Community and intended for export the 
particulars provided for in this Regul~tion may be repeated in 
another language; this does not apply to the particulars 
referred to in paragraph 5. 8. In accordance with the procedure laid down in Article 
15, the Commission may determine the cases and/or the 
spirit drinks for which a reference to the place of manufacture 
and/ or the origin and/ or the source shall be compulsory, as 
\vell as the attendant rules. 
Article 8 
In order to be marketed for human consumption, spmt 
drinks produced in the Community may not be described by 
associating word or phrases such as 'like', 'type'. 'style', 
'made', 'flavour' or any other similar indications with any of 
the sales descriptions mentioned in this Regulation. 
Article 9 
1. The spirit drinks listed below: 
rum, 
whisky and whiskey, 
grain spirit/ grain brandy, 
wine spirit and brandy, 
grape marc spirit, 
raisin spirit, 
fruit spirit other than products defined in Article 1 (4) (i) 
(2), 
cider spirit, cider brandy and perry spirit 
may not bear in any form whatsoever in their presentation 
the generic name reserved for the above drinks if they contain 
added ethyl alcohol of agricultural origin. 
2. However, paragraph 1 shall not prevent marketing, for 
human consumption in the Community, of the product 
manufactured in Germany and obtained by mixing rum and 
alcohol. A minimum proportion of 5 % of the alcohol 
contained in the final product called Rum-Versclmitt must 
come from rum. Where this product is sold outside the 
German market, its alcoholic composition must appear on 
the label. 
As regards the labelling and presentation of the product 
Rum-Verschnitt, the word Verschnitt must appear on the 
packaging (on the bottle or wrapping) in characters of the 
same type, size and colour as, and on the sa~e line 'as, the 
word Rum and, in the case of bottles, on the front label. 
Article 10 
1. The Member States shall take the measures necessary 
to ensure that Community provisions relating to spirit drinks IP/N/lIGBRlG/2 
Page 12 
12. 6. 89 Official Journal of the European Communities No L 160111 
are complied with. They shall appoint one or more agencies 
to monitor compliance with these provisions. 
In the case of the products listed in Annex Il, it may be 
decided in accordance with the procedure laid down in 
Article 14 that such supervision and protection 'shall be 
effected, for the purposes of movement within the 
Community, by means of commercial documents verified by 
the administration and by the keeping of appropriate 
registers. 
2. For the spirit drinks listed in Annex II and exported, 
the Council, acting by a qualified majority on a proposal 
from the Commission, shall establish a system of 
authentication documents to eliminate fraudulent practices 
and counterfeits. This system is intended to replace the 
existing national system. It must offer at least the same degree 
of certainty as those national systems, subject to Community 
rules and in part}cular those relating'to competition. 
Until such time as the system referred to in the preceding 
subparagraph has been introduced, the Member States may 
retain their own authentication systems provided that these 
comply with Community rules. 
3. The Council, acting by a qualified majority on a 
proposal from the Commission, shall adopt the necessary 
measures for the uniform application of Community 
provisions in the spirit drinks sector, particularly with regard 
to controls and relations between the competent bodies of the 
Member States. 
4. .r-.,'lember States and the Commission shall 
communicate to each other the information necessary for 
implementing this Regulation. Detailed rules for the 
communication and distribution of such information shall be 
adopted in accordance with the procedure laid down in 
Article 14. 
Article 11 
1. Subject to paragraph 2, to be marketed for human 
consumption within the Community, imported spirit drinks 
bearing a geographical designation or a name other than 
those referred to in Article 1 (4) may, subject to reciprocal 
arrangements, qualify for the supervision and protection 
referred to in Article 10. 
The first subparagraph shall be implemented by agreements 
to be negotiated and concluded with the third countries 
concerned under the procedure laid down in Article 113 of 
the Treaty. 
Detailed rules and the list of products referred to in the first 
subparagraph shall be adopted in accordance with. the 
procedure laid down in Article 15. 
2. This Regulation shall be without prejudice to the 
importing and marketing for human consumption within the 
Community under their names of origin of specific spirit 
drinks originating in third countries for which tariff concessions are granted by the Community either under 
GATT or under bilateral agreements and the conditions for 
the admission of which have been laid down in Community 
regulations. 
Article 12 
1. Spirit drinks intended for export must comply with the 
provisions of this Regulation. 
2. However, the Member States may decide on 
derogations as regards the provisions of Article 4 (2), (3), (4) 
and (6) but not in respect of the spirit drinks listed in Annexes 
11 and III or spirit drinks with reserved descriptions. 
3. Derogations from the provisions in Article 3 relating to 
the alcoholic strength for release for human consumption 
may also be decided on in the case of: 
spirit drinks covered by Article 1 (2) and (4), 
spirit drinks covered by Annex Il, in particular where this 
is required under the law of the importing third 
country, 
at the request of the producer Member State in accordance 
with the procedure laid down in Article 14. 
4. Derogations from rules on' designation and 
presentation, other than the names provided for in Article 1 
(2) and (4) and in Annexes II and III and without prejudice to 
Articles 8 and 9 may be authorized by the Member States: 
where the legislation in force in the importing third 
country so requires, 
in cases which are not covered by the first indent, with the 
exception of some indications to be decided on in 
accordance with the procedure laid down in Article 
14. 
5. The derogations authorized by the Member States shall 
be notified to the Commission and to the Member States. 
Article 13 
1. An Implementation Committee for Spirit Drinks, 
hereinafter referred to as the committee, shall be set up 
consisting of representatives of the Member States and 
chaired by a representative of the Commission. 
2. Within the committee the votes of Member States shall 
be weighted in accordance with Article 148 (2) of the Treaty. 
The chairman shall not vote. IP IN /l IGBRlG/2 
Page 13 
No L 160/12 Official Journal of the European Communities 12. 6. 89 
Article 14 
1. Where the procedure laid down in this Article is to be 
followed, the chairman shall refer the matter to the 
committee either on his own initiative or at the request of the 
representative of a 11ember State. 
2. The representative of the Commission shall submit a 
draft of the measures to be adopted. The committee shall 
deliver its opinon on such measures within a period to be set 
by the chairman according to the urgency of the questions 
submitted for consideration. An opinion shall be adopted by 
a majority of 54 votes. 
3. The Commission shall adopt measures which shall 
apply immediately. However, if these measures are not in 
accordance with the opinion of the committee, they shall 
forthwith be communicated by the Commission to the 
Council. In that event, the Commission may defer 
application of the measures for one month. 
The Council, acting by a qualified majority, may take a 
different decision within one month. 
Article~5 
1. Where the procedure laid down in this Article is to be 
followed, the chairman shall refer the matter to the 
committee either on his ovm initiative or at the request of a 
representative of a Member States. 
2. The representative of the Commission shall submit to 
the committee a draft of the measures to be taken. The 
committee shall deliver its opinion on the draft within a time 
limit which the chairman may lay down according to the 
urgency of the matter. The opinion shall be delivered by the 
majority laid down in Article 148 (2) of the Treaty in the case 
of decisions which the Council is required to adopt on a 
proposal from the Commission. The votes of the 
representatives of the Member States within the committee 
shall be weighted in the manner set out in that Article. The 
chairman shall not vote. 3.. (a) The Commission shall adopt the measures 
envisaged if they are in accordance with the opinion 
of the committee. 
(b) If the measures envisaged are not in accordance 
with the opinion of the committee, or if no opinion 
is delivered, the Commission shall, without delay, 
submit to the Council a proposal relating to the 
measures to be taken. The Council shall act by a 
qualified majority. 
If, on the expiry of three months as from the date of 
referral to the Council, the Council has not acted, 
the proposed measures shall be adopted by the 
Commission. 
Article 16 
The committee may consider any other question referred to 
it by its chairman, either on his own initiative or at the 
request of the representative of a Member State. 
Article 17 
1. In order to facilitate the changeover from the present 
arrangements to those introduced by this Regulation, 
transitional measures shall be adopted in accordance with the 
procedure laid down in Article 14. 
2. Such transitional measures shall be applicable for not 
more than two years from the date of implementation of this 
Regulation. 
Article 18 
This Regulation shall enter into force on the third day 
. following its publication in the Official Journal of the 
European Communities. 
It shall apply from 15 December 1989, with the exception of 
Articles 13 to 16, which shall apply as from the entry into 
force of this Regulation. . 
This Regulation shall be binding in its entirety and directly applicable In all Member 
States. 
Done at Brussels, 29 May 1989. 
For the Council 
The President 
C. ROMERO HERRERA IP/N/lIGBRlG/2 
Page 14 
12. 6. 89 Official Journal of the European Communities 
ANNEX I 
Characteristics of ethyl alcohol of agricultural origin as referred to in Article 1 (3) (h) No L 160113 
1. Organoleptic characteristics No detectable taste other than that of the 
raw material 
2. Minimum alcoholic strength by volume 96,0% vol 
3; Maximum level of residues 
Total acidity, expressed in grams of acetic acid per hecroJitre 
of alcohol at 100 % vol 1,5 
Esters expressed in grams of ethyl acetate per hecrolitre of 
alcohol at 100 % vol 1,3 
Aldehydes expressed in grams of acetaldehyde per hecroJitre 
of alcohol at 100 % voID,S 
Higher alcohols expressed in grams of methyl-2 propanol-l 
per hectolitre of alcohol at 100 % vol 0,5 
Methanol expressed in grams per hectolitre of alcohol at 
100% vol 50 
Dry extract expressed in grams per hectoJitre of alcohol at 
100% vol 1,5 
Volatile bases containing nitrogen expressed in grams of 
nitrogen per hectolitre of alcohol at 100 % vol 0,1 
Furfural Not detectable No L 160/14 
Category 
1. Rum 
2. (a) Whisky 
(b) Whiskey 
3. Grain spirit 
4. Wine spirit Official Journal of the European Communities 
ANNEX II 
SPIRIT DRINKS 
Geographical designations referred to in Article 5 (3) 
Geographical designation 
Rhum de la Martinique 
Rhum de la Guadeloupe 
Rhum de la Reunion 
Rhum de la Guyane IP/NIlIGBRlG/2 
Page 15 
(these names may be supplemented by the word 'traditionne') 
Ron de Malaga 
Ron de Granada 
Rum da Madeira 
Scotch Whisky 
Irish Whisky 
Whisky espanol 
(these designations may be supplemented by the words 'Malt' or 
'Grain') 
Irish Whiskey 
Uisce Beatha EireannachlIrish Whiskey 
(these designations may be supplemented by the words 'Pot Still') 
Eau-de-vie de seigle, marque nationale luxembourgeoise 
Eau-de-vie de Cognac 
Eau-de-vie des Charentes 
Cognac 
(this designation may be accompanied by one of the following 
descriptions: 
Fine 
Grande Fine Champagne 
Grande Champagne 
Petite Fine Champagne 
Petite Champagne 
Fine Champagne 
Borderies 
Fins Bois 
Bons Bois) 
Fine Bordeaux 
Armagnac 
Bas-Armagnac 
Haut-Armagnac 
Tenarese 
Eau-de-vie de vin de la Marne 
Eau-de-vie de vin originaire d'Aquitaine 
Eau-de-vie de "in de Bourgogne 
Eau-de-vie de vin originaire du Centre-Est 
Eau-de-vie de "in originaire de Franche-Comte 
Eau-de-vie de vin originaire du Bugey 
Eau-de-vie de vin de Savoie 
Eau-de-vie de "in originaire des Coteaux de la Loire 
Eau-de-vie de vin des C6tes-du-Rhone 
Eau-de-vie de "in ori-ginaire de Provence 
Faugeres or eau-de-vie de Faugeres 
Eau-de-vie de vin originaire du Languedoc 
Aguardente do Minho 
Aguardente do Douro 
Aguardente da Beira Interior 
Aguardente da Bairrada 
Aguardente do Oeste 
Aguardente do Ribatejo 
Aguardente do Alentejo 
Aguardente do Algarve 12. 6. 89 IP/N/lIGBRlG/2 
Page 16 
12. 6. 89 
Category 
5. Brandy 
6. Grape marc spirit 
7. Fruit spirit Official Journal of the European Communities 
Brandy de Jerez 
Brandy de Penedes 
Brandy italiano Geographical designation 
Brandy AHU,~~I Attica Brandy 
Brandy TIeA.onov\1'jcrou/ Peloponnese Bralldy 
Brandy KevTplK~; EHaoa-:;1 Brandy from Central Greece 
Deutscher Weinbrand 
Eau-de-vie de marc de Champagne ou marc de Champagne 
Eau-de-vie de marc originaire d'Aquitaine 
Eau-de-vie de marc de Bourgogne 
Eau-de-vie de marc originaire du Centre-Est 
Eau-de-vie de marc originaire de Franche-Comte 
Eau-de-vie de marc originaire de Bugey 
Eau-de-vie de marc originaire de Savoie 
Marc de Bourgogne 
Marc de Samic 
Marc d'Auvergne 
Eau-de-vie de marc originaire des Coteaux de la Loire 
Eau-de-vie de marc des Cotes du Rhone 
Eau-de-vie de marc originaire de Provence 
Eau-de-vie de marc originaire du Languedoc 
Marc d'Alsace Gewurzrraminer 
Marc de Lorraine 
Bagaceira do 1\'1inho 
Bagaceira do Douro 
Bagaceira da Beira Interior 
Bagaceira da Bairrada 
Bagaceira do Oesre 
Bagaceira do Ribatejo 
Bagaceira do Alentejo 
Bagaceira do Algarve 
Orujo gallego 
Grappa di Barolo 
Grappa piemootese or del Piemonte 
Grappa lombarda or di Lombardia 
Grappa trentina or del Trentino 
Grappa friulana or del Friuli 
Grappa veneta or del Veneto 
Sudtiroler Grappa/Grappa dell'Alto Adige 
TCJlKOUOla Kp~TTJ:;/Tsikoudia from Crete 
Tcri1toupo Mm-:eoovia:;/Tsipouro from Macedonia 
Tcri1toupo 0Ecrcraj.ia:;/Tsipouro from Thessaly 
Tcrinoupo Tupvapou/Tsipouro from Tyrnavos 
Eau-de-vie de marc marque nationale luxembourgeoise 
Schwarzwalder Kirschwasser 
Schwarzwiilder Himbeergeisr 
Schwarzwalder .Mirabellenwasser 
Schwarzwalder \'\'illiamsbirne 
Schwarzwalder Zwetschgenwasser 
Frankisches Zwetschgem .... asser 
Frankisches Kirschwasser 
Frankischer Obstler 
Mirabelle de Lorraine 
Kirsch d'Alsace 
Quetsch d'Alsace 
Framboise d'Alsace 
Mirabelle d'Alsace 
Kirsch de Fougerolles 
Slidtiroler Williams/Williams dell'Alto Adige 
Sudtiroler Aprikot or Sudtiroler 
Marillel Aprikot dell'Alro Adige or MarilIe dell'Alto Adige 
Sudtiroler Kirsch/Kirsch dell'Alto Adige 
Sudtiroler Zwetschgeler/Zwetschgeler dell'Alto Adige 
Sudtiroler Obstler/Obstler dell'AlroAdige 
Sudtiroler Gravensreiner/Gravensreiner deH'Alto Adige 
Sudriroler Golden Delicious/Golden delicious dell'Alto Adige No L 160115 No L 160116 
Category 
7. Fruit spirit 
(cont'd) Official Journal of the European Communities 
Geographical designation 
Williams friulano or del Friuli 
Sliwovitz del Vcneto 
Sliwovitz del Friuli-Venezia Giulia 
Sliwovitz del Trentino-Alto Adige 
Distillato di mele trentino or del Trentino 
Williams trentino or del Trentino 
Sliwovitz trentino or del Trentino 
Aprikot trentino or del Trentino 
Medronheira do Algarve 
Medronheira do Bur;:aco 
Kirsch or Kirschwasser Friulano 
Kirsch or Kirschwasser Trentino 
Kirsch or Kirschwasser Veneto 
Aguardenre de pera da Lousa IP/N/lIGBRlG/2 
Page 17 ' 
Eau-de-vie de pommes marque nationale luxembourgeoise 
Eau-de-vie de poires marque nationale luxembourgeoise 
Eau-de-vie de kirsch marque nationale luxembourgeoise 
Eau-de-vie de quetsch marque nation ale luxembourgeoise 
Eau-de-vie de mirabelle marque nationale luxembourgeoise 
Eau-de-vie de prunelles marque nationale luxembourgeoise 
8. Cider spirit and perry spirit 
9. Gentian spirit 
10. Fruit spirit drinks 
11. Juniper-flavoured spirit drinks Calvados du Pays d'Auge 
Calvados 
Eau-de-vie de cidre de Bretagne 
Eau-de-vie de pain: de Bretagne 
Eau-de-vie de cidre de Normandie 
Eau-de-vie de poin: de Normandie 
Eau-de-vie de cidre du Maine 
Aquardiente de sidra de Asturias 
Eau-de-vie de poin! du Maine 
Bayerischer Gebirgsenzian 
Sudtiroler Enzi:m/Genziana dell'Alto Adige 
Genziana trentina or del Trentino 
Pacharan navarro 
Ostfriesischer Korngenever 
Genievre Flandres Artois 
Hasseltse jenever 
Balegemse jenever 
Peket de Wallonie 
Steinhager 
Plymouth Gin 
Gin de l\1ah6n 
12. Caraway-flavoured spirit Dansk Akvavit/Dansk Aquavit 
drinks 
13. Aniseed-flavoured spirit drinks Ants espaiiol 
Evora anisada 
Cazalla 
Chinch6n 
Ojcn 
14. Liqueur Rute 
Berliner Kummel 
Hamburger Kummel 
Miinchener Kiimmel 
Chiemseer Klosterlikor 
Bayerischer Krauterlikor 
Cassis de Dijon 
Cassis de Beaufort 
Irish Cream 
PaIo de Mallorca 
Ginjinha portuguesa 
Licor de Singeverga 12. 6. 89 IP/N/lIGBRlG/2 
Page 18 
12. 6. 89 Official Journal of the European Communities 
14. Liqueur 
(cont'd) Category 
15. Spirit drinks 
Exceptions to the general rules of: 
1. Article 1 (2): Geographical designation 
Benediktbeurer Klosterlikor 
Ettaler Klosterlikor 
Ratafia de Champagne 
Ratafia catalana 
Anis porrugues 
Pommeau de Bretagne 
Po mm eau du Maine 
Pommeau de Normandie 
ANNEX III 
egg liqueur / advocaat/ avocatl Advokat: minimum alcoholic strength: 14 % vo!. 
2. Article 5 (3) (non-complying geographical designatio'ns): 
Konigsberger Barenfang, 
Ostpreu!Sischer Barenfang. No L 160117 IP/N/lIGBRlG/2 
Page 19 
14. 6. 91 Official Journal of the European Communities No L 149/1 
I 
(Acts lcboJe publicatioll is obligatol)) 
COUNCIL REGULATION (EEC) No 1601/91 
of 10 June 1991 
laying down general rules on che definition, description and presentation of 
aromatized wines, aromatized wine-based drinks and aromatized wine-product 
cocktails 
THE COUNCIL OF THE EUROPEAN COMMUNITIES. 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 43 and 
100a thereof, 
Having regard to the proposal from the Commission n. 
In cooperation with the European Parliament (2), 
Having regard to the opinion of the Economic and Social 
Committee e), 
Whereas there are at present nO specific Community rules 
governing aromatized wines, aromatized wine-based 
drinks and aromatized wine-product coktails hereinafter 
called 'aromatized drinks', in particular with regard to the 
difinition of such drinks and the requirements concer­
ning their description and presentation; whereas, given 
the economic importance of these drinks, it is necessary, 
in order to assist the functioning of the common market, 
to lay down common provisions on this subject; 
Whereas these aromatized drinks constitute a major outlet 
for Community agriculture; whereas this outlet is largely 
the result of the reputation which certain of these drinks 
have acquired throughout the Community and on the 
world market; whereas this reputation can be attributed 
to the quality of the drinks in question; whereas a certain 
quality standard should therefore be maintained for the 
drinks in question if this outlet is to be preserved; 
whereas the appropriate means of maintaining this quality 
standard is to define the said drinks, taking into account 
the traditional practices on which their reputation is 
based; whereas, moreover, the terms thus defined should 
be used only for drinks of the same quality as traditional 
drinks so as to prevent their being devalued; 
Whereas it is appropriate that an appropriate framewerok 
be created for aromatized drinks which are composed for 
C) 0) No C 269, 25. 'lOo 1986, p. 15. o OJ No C 127, 14. 5. 1984, p. 185 and 
0) No C 129, 20. 5. 199\. 
(') 0) No C 124,9. 5.1983, p. 16. the major part of wine or musts, while allowing for deve­
lopment and innovation as regards such drinks; whereas 
this objective can be achieved the more easily by creating 
three categories of drinks on the basis of their wine 
content, alcoholic strength and whether or not alcohol 
has been added to them; 
Whereas it is appropriate that Community rules should 
reserve, for certain territories, the use of geographical 
ascriptions referring thereto, provided that the stages of 
production during which the finished product acquires its 
characteristics and definitive properties are completed in 
the geographical area in question; 
Whereas the customary means of informing the consumer 
is to include certain information on the label; whereas 
the labelling of aromatized drinks is subject to the general 
rules laid down in Council Directive 79/112/EEC of 18 
December 1978 on the approximation of the laws of the 
Member States relating to the labelling, presentation and 
advertising of foodstuffs for sale to the ultimate consu­
mer (4), as last amended by Directive 89/39S/EEC (~; 
whereas, in view of the nature of the drinks in question 
and so that the consumer may have fuller information, 
provisions additional to these general rules should be 
adopted; 
Whereas, in the mind of the consumer, the reputation of 
certain aromatized drinks is closely linked to a traditional 
origin; whereas, in order to ensure that the consumer is 
appropriately informed and to take account of these 
specific cases; it is appropriate to make it compulsory to 
indicate the origin in cases where the drink does not 
come from the traditional region of production; 
Whereas, in order to enable appropriate information to be 
given on the composition of the drink, certain labelling 
rules relating to the nature of the alcohol used should be 
adopted; 
(') OJ No L 33, 8. 2. 1979, p. l. 
nO) No L 186,30.6.1989, p. 17. IP/N/ 1 /GBRlG/2 
Page 20 
No L 149/2 Official Journal of the European Communities 14. 6. 91 
Whereas Council Directive SO/778/EEC of 15 July 1980 
relating to the quality of water intended for human 
consumption C), as last amended by Directive 
81/858/EEC (2), and Council Directive SO/777/EEC of 15 
July 1980 on the approximation of the laws of the 
Member States relating to the exploitation and marketing 
of natural mineral waters (3), as last amended by Directive 
S 5/7 /EEC ('), lay down the characteristics of the water 
which may be used in foodstuffs; whereas reference 
should be made thereto; 
\X'hereas Council Directive 88/388/EEC of 22 June 1988 
on the approximation of the laws of the Member States 
relating to flavourings for use in foodstuffs and to source 
materials for their production (5) puts forward definitions 
of various terms liable to be used in connection with 
flavouring; whereas the same terminology should be used 
in this Regulation; 
Whereas specific provisions should be adopted concer­
ning description and presentation for imported aroma­
tized drinks, bearing in mind the Community's commit­
mets in its relations with third countries; 
Whereas, in order to defend the reputation of Community 
aromatized drinks on the world market, the same rules 
should be extended to exported drinks, except where 
there are contrary provisions, bearing in mind traditional 
habits and practices; 
Whereas it is preferable to act by way of a Regulation in 
order to ensure the uniform and simultaneous implemen­
tation of the measures in question; 
Whereas, in order to simplify and expedite the procedure, 
the Commission should be instructed to adopt implemen­
ting measures of a technical nature; whereas, for this 
purpose, provision should be made for a procedure 
whereby the Member States and the Commission can 
cooperate closely within an Implementation Committee; 
Whereas transitional measures are necessary to facilitate 
the dangeover to the system intoduced by this Regulation, 
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation lays down the general rules on the defini­
tion, description and presentation of aromatized wines, 
C) OJ No L 229, 30. 8. 1980, p. 11. 
e) OJ No L 319, 7. 11. 1981, p. 19. 
(l) 0) No L 229, 30. 8. 1980, p. 1. 
(') OJ No L 2, 3. 1. 1985, p. 22. 
(~ 0) No L 184, 15. 7. 1988, p. 61. aromatized wine-based drinks and aromatized wine­
product cocktails. 
Artide 2 
1. For the purposes of this Regulation: 
(a) aromatized wine shall mean: 
a drink: 
obtained from wines defined in points 12 to 18 of 
Annex I to Regulation (EEC) No 822/87 (0), as last 
amended by Regulation (EEC) No 1325/90 (), 
with the exception of retsina table wine, and 
possibly with added grape must, grape must in 
fermentation and/or fresh grape must with 
fermentation arrested by the addition of alcohol, as 
defined by Community legislation, 
to which alcohol has been added as defined In 
Article 3 (d), and 
-which has been flavoured with the aid of: 
-natural flavouring substances and/or natural 
flavouring preparations as defined in Article 1 
(2) (b) (i) and (c) of Directive 88/388/EEC. 
Without prejudice to the more restrictive 
provisions in paragraph 2, the use of 
substances and preparations identical to natural 
substances and preparations, as defined in 
Article 1 (2) (b) (ii) of that Directive, may be 
authorized in certain cases and under certain 
conditions, in accordance with the procedure 
laid down in Article 14, and/or 
aromatic herbs and/or spices and/or flavouring 
foodstuffs, 
-which has generally been sweetened and, subject 
to the exceptions provided for in paragraph 2, has 
possibly been coloured with caramel, 
-which has a minimum actual alcoholic strength by 
volume of 14,5 % vol or more and a maximum 
actual alcoholic strength by volume of less than 
22 % vol and a minimum total alcoholic strength 
by volume o( 17,5 % vol or more; however, for 
those products which, pursuant to paragraph 5, 
bear the description 'dry' or 'extra dry', the 
minimum total alcoholic strength by volume shall 
be set at 16 % vol and 15 % vol respectively. 
The wine used in the preparation of an aromatized 
wine must, before enrichment, be present in the 
finished product in a proportion of not less than 
75 %. Without prejudice to the provisions of Article 
5, the minimum natural alcoholic strength by volum 
of the products used shall be that provided for by 
Article 18 (1) of Regulation (EEC) No 822/87. 
(6) OJ No L B4. 27.3.1987, p. 1. 
(1 OJ No L 132. 23. 5. 1990, p. 19. IP/N/l/GBRJG/2 
Page 21 
14. 6. 91 Official Journal of the European Communities No L 149/3 
The description 'aromatized wine' may be replaced by 
'wine-based aperitif'. The use of the term 'aperitif' in 
this connection is without prejudice to the use of the 
term to define products which do not fall within the 
scope of this Regulation; 
(b) aromatized wine-based drink shall mean: 
a drink 
obtained from wines defined in points 11 to 13 
and 15 to 18 of Annex I to Regulation (EEC) No 
822/87, with the exception of wines produced with 
the addition of alcohol and retsina table wine, and 
possibly with added grape must and/or partially 
fermented grape must, 
which has been flavoured with the aid of: 
natural flavouring substances and/or natural 
flavouring preparations and/or substances or 
preparations identical thereto as defined in 
Article 1 (2) (b) (i) and (ii) and (c) of Directive 
881388/EEC; the use of artificial substances as 
defined in Article 1 (2) (b) (iii) of that Directive 
may be authorized in certain cases and under 
certain conditions, in accordance with the 
procedure laid down in Article 14, and/or 
aromatic herbs and/or spices and/or flavouring 
foodstuffs, 
which has possibly been sweetened, 
to which no alcohol has been added, subject to the 
exceptions referred to in the product definition 
given in this Regulation or decided upon in accor­
dance with the procedure laid down in Article 14, 
whi.ch has an actual alcoholic strength by volume 
of 7 % vol or more and less than 14,5 % vol. 
The wines used in the preparation of an aromatized 
wine-based drink must be present in the finished 
product in a proportion of not less than 50 %. 
Without prejudice to Article 5, the minimum natural 
alcoholic strength by volume of the products used 
shall be that provided for in Article 18 (1) of Regula­
tion (EEC) No 822/87; 
(c) aromatized wine-product cocktail 
shall mean a drink: 
-obtained from wine and/or grape must: 
-which has been flavoured with the aid of: 
natural flavouring substances and/or natural 
flavouring preparations and/or substances or 
preparations identical thereto as defined in 
Article 1 (2) (b) (i), (ii) and (c) of Directive 
881388/EEC; the use of artificial substances as 
defined in Article 1 (2) (b) (iii) of that Directive 
may be authorized in certain cases and under certain conditions, in accordance with the 
procedure laid down in Article 14, and/or 
aromatic herbs and/or spices and/or flavouring 
foodstu ffs, 
has has possibly been sweetened and possibly been 
coloured, 
to which· no alcohol has been added, 
which has an actual alcoholic strength by volume 
of 7 % vo!. 
The wine and/or grape must used in the preparation 
of an aromatized wine-product cocktail must be 
present in the finished product in a proportion of not 
less than 50 %. Without prejudice to Article 5, the 
minimum natural alcoholic strength by volume of the 
products used shall be that provided for in Article 18 
(1) of Regulation (EEC) No 822/87. 
Specific descriptions may be decided upon 10 
accordance with the procedure laid down in 
Articlr 13. 
The use of the term 'cocktail' in this connection shall 
be without prejudice to its use to define products 
which do not fall within the scope of this Regulation. 
2. Definition of the various categories of aromatized 
wine the description of which may replace 'aromatized 
wine' : 
(a) Vermouth: 
aromatized wine which has been prepared from wine 
as referred to in paragraph 1 (a), the characteristic taste 
of which is obtained by the use of appropriate derived 
substances, in particular of the Artemisia species, 
which must always be used; this drink may be swee­
. tened only by means of caramelized sugar, sucrose, 
grape must, rectified concentrated grape must and 
concentrated grape must. 
(b) Bitter aromatized wined: 
aromatized wine with a characteristic bitter flavour. 
The description 'bitter aormatized wine' . shall be 
followed by the name of the main bitter-flavouring 
substance, without prejudice to Article 8 (3). 
The following expressions, or equivalent expressions 
in other official languages of the Communities, may 
be used to supplement or replace this description: 
-'Quinquina wine', where the main flavouring is 
natural quinine flavouring, 
-'Bitter vino', where the main flavouring is natural 
gentian flavouring and the drink has been 
coloured with authorized yellow and/or red colou­
ring matter; the use of the word 'bitter' in this 
connection shall be without prejudice to its use to 
define products which do not fall within the scope 
of this Regulation, IP/N/lIGBRlG/2 
Page 22 
No L 149/4 Official Journal of the European Communities 14. 6. 91 
'America no', where the flavouring is due to the 
presence of natural flavouring substances derived 
from wormwood and gentian and the drink has 
been coloured with authorized yellow and/or red 
colouring matter. 
(c) £gg-baJed aromatized zl"ille: 
A.romatized wine to which good-quality egg yolk or 
contracts thereof have been added and which has a 
sugar content expressed in terms of invert sugar of 
more than 200 grams and a minimum egg yolk 
content of 10 grams per litre of finished product. 
The term 'cremovo' may accompany the term 'egg­
based aromatized wine' where such wine contains 
Marsala wine in a proportion of not less than 80 %. 
The term 'cremovo zabaione' may accompany the 
term 'egg-based aromatized wine' where such wine 
contains Marsala wine in a proportion of not less than 
80 % and has an egg yolk content of not less than 60 
grams per litre. 
3. Definitions of the various categories of aromatized 
wine-based drinks the description of which may: 
replace the description 'aromatized wine-based drink' 
in the Member State of production, 
be used to supplement 'aromatized wine-based drink' 
in the other Member States: 
(a) Sallgria: 
a drink obtained from wine, aromatized with the 
addition of natural citrus-fruit extracts or essences, 
with or without the juice of such fruit and with the 
possible addition of spices, sweetened and with 
COl added, having an acquired alcoholic strength 
by volume of less than 12 % vol. 
The drink may contain solid particles of citrus­
fruit pulp or peel and its colour must come exclu­
sively from the raw materials used. 
The description 'Sangria' must be'accompanied by 
the words 'produced in .. .' followed by the name 
of the Member State of production or of a more 
restricted region except where the product is 
produced in Spain or Portugal. 
The description 'Sangria' may replace the descrip­
tion 'aromatized wine-based drink' only where the 
drink is manufactured in Spain or Portugal; 
(b) Clarea: 
a drink obtained from white wine under the same 
conditions as in (a). 
The description 'Clarea' must be accompanied by 
the words 'produced in .. .' followed by the name 
of the Member State of production or of a more restricted region except where the product is 
produced In Spain. 
The description 'Clarea' may replace the descrip­
tion 'aromatized wine-based drink' only where the 
drink is manufactured in Spain; 
(c) Zllrra: 
a drink obtained by adding brandy or wine spirits 
as defined in Regulation (EEC) No 1576/89 (1) to 
the drinks defined in (a) and (b), possibly with the 
addition of pieces of fruit. The actual alcoholic 
strength by volume must be 9 % vol or more and 
less than 14 % vol; 
(d) Bitter soda: 
an aromatized drink obtained from bitter vino the 
content of which in the finished product must not 
be less than 50 % by volume, with added CO! or 
carbonated water and possibly the same colourants 
as bitter vino. The actual alcoholic strength by 
volume must be 8 % vol or more and less than 
10,5 % vo!. The use of the word 'bitter' in this 
connection shall be without prejudice to its use to 
define products which do not fall within the scope 
of this Regulation; 
(e) Kalte El1te: 
an aromatized wine-based drink obtained by 
mixing wine, semi-sparkling wine or semi-spar­
kling wine with added COl with sparkling wine or 
sparkling wine with added COl, and adding 
natural lemon substances or extracts thereof, the 
taste of which must be predominant. The finished 
product must contain not less than 25 % by 
volume of the sparkling wine or sparkling with 
with added CO2; 
(f) Gliihweill: 
an aromatized drink obtained exclusively from red 
or white wine and sugar, flavoured mainly with 
cinnamon and cloves. Where it has been prepared 
from white wine, the sales description 'Gluhwein' 
must be supplemented by the words 'white wine' ; 
(g) Maiwein: 
an aromatized drink obtained from wine with 
added asperula odorata plants or e~tracts thereof 
so as to ensure a predominant taste of asperula 
odorata; 
(h) Maitrank: 
an aromatized drink obtained from dry white wine 
in which asperula odorata plants have been 
macerated or to which extracts of <upcrJlla 
odorata have been added, with the addition of 
C) OJ No L 160, 12. 6. 1989, p. I. IP IN 11 IGBR/G/2 
Page 23 
14. 6. 91 Official Journal of the European Communities No L 149/5 
oranges andior other fruits, possibly in the form of 
juice, concentrated or extracts, and with maximum 
5 % sugar sweetening; 
(i) Otber definitiolls: 
other definitions shall be adopted in accordance 
with the procedure laid down in Article 13. 
4. Definition of the categories of aromatized WlOe-
product cocktails the description of which may: 
replace the description 'aromatized wine-product 
cocktail' in the State of production, 
be used to supplement 'aromatized wine-product 
cocktail' in the other Member States; 
(a) lV'ille-based cocktail: 
an aromatized drink in which: 
the proportion of conc~ntrated grape must 
does not exceed 10 % of the total volume of 
the finished product, 
the sugar content, expressed as invert sugar, is 
less than 80 grams per 1,itre; 
(b) Aromatized semi-sparklillg grape-based COCR.f<7if: 
a drink: 
-prepared exclusively from grape must, 
-the actual alcoholic strength by volume of 
which is less than 4 % vol, 
containing carbon dioxide obtained exclusively 
from fermentation of the products used; 
(c) Otber definitions: 
other definitions shall be adopted in accordance 
with the procedure laid down in Article 13. 
5. The descriptions referred to in paragraphs 1 (a) and 
(b), 2 apd 3 may also include the following particulars, 
with th'~ sugar content indicated in each respective subpa­
ragraph being expressed as invert sugar: 
(a) 'extra-dry': in the case of products with a sugar 
content of less than 80 grams per litre; 
(b) 'dry': in the case of products with a sugar content of 
less than 50 grams per litre; 
(c) 'semi-dry': in the case of products with' a sugar 
content of between 50 and 90 grams per litre; 
(d) 'semi-sweet': in the case of products with a sugar 
content of between 90 and 130 grams per litre; 
(e) 'sweet': in the case of products with a sugar content of 
more than 130 grams per litre. 
The terms 'semi-sweet' and 'sweet' may be replaced by an 
indication of the sugar content, expressed in grams of 
invert sugar per litre. 6. \Vhere the sales description of aromatized wine­
based drinks includes the term 'sparkling', the quantity of 
sparkling wine used must be not less than 95 %. 
7. Detailed rules for the application of this Article shall 
be adopted in accordance with the procedures laid down 
in Article 14. 
Article 3 
Subsidiary definitions 
For the purposes of this Regulation: 
(a) 'sweetening' shall mean: 
using one or more of the following products in the 
preparation of aromatized wines, aromatized wine­
based drinks and aromatized wine-product cocktails: 
semi-white sugar, white sugar, refined white sugar, 
dextrose, fructose, glucose syrup, liquid sugar, invert 
liquid sugar, invert sugar syrup, rectified concentrated 
grape must, concentrated grape must, fresh grape 
must, burned sugar, honey, carob syrup, or other 
natural carbohydrate substances having a similar effect 
to the above products. 
'Burned sugar' means the product obtained exclusively 
from the controlled heating of sucrose without bases, 
mineral acids or other chemical additives; 
(b) 'flavouring' shall mean: 
using one or more of the flavourings defined in 
Article 1 (2) (a) of Directive 88/388/EEC and/or 
aromatic herbs and/or spices and/or flavouring food­
stuffs in the preparation of aromatized wines, aroma­
tized wine-based drinks and aromatized wine-product 
cocktails. 
Addition of such substances confers on the final 
product organoleptic characteristics other than those 
of wine; 
(c) 'colouring' shall mean: 
using one or more colorants in the preparation of 
aromatized wines or aromatized wine-product cock­
tails; 
(d) 'adding alcohol' shall mean: 
using one or more of the following products in the 
preparation of aromatized wines and, where appro­
priate, aromatized wine-based drinks: 
ethyl alcohol of viticultural origin, 
wine alcohol or dried grape alcohol, 
ethyl alcohol of agricultural origin, 
wine distillate or dried gra pe distillate, 
distillate of agricultural origin, 
wine spirit or grape-marc spirit, 
dried grape spirit, IP/N/1/GBRlG/2 
Page 24 
No L 149/6 Official Journal of the European Communities 14. 6. 91 
which comply with the characteristics laid down by 
Community provisions, in particular, the characteris­
tics of ethyl alcohol must comply with those set out in 
Annex I; 
(e) 'actual alcoholic strength by volume' shall mean: 
the number of volumes of pure alcohol at 200 C 
contained in 100 volumes of the product at the same 
temperature; 
(0 'potential alcoholic strength by volume' shall mean: 
the number of volumes of pure alcohol at 200 C 
which would be produced by total fermentation of the 
sugar contained in 100 volumes of the product at the 
same temperature; 
(g) total alcoholic strength by volume' shall mean: 
the sum of the actual and potential alcoholic strengths 
by volume; 
(h) 'natural alcoholic strength by volume' shall mean: 
the total alcoholic strength by volume of the product 
before any enrichment. 
Article 4 
1. For the drinks referred to in this Regulation the list 
of authorized food additives, the directions for their use 
and the products concerned shall be determined in accor­
dance with the procedure laid down in Directive 
89/l07/EEC ('). 
2. For the preparation of these drinks, the addition of 
water, possibly distilled or demineralized, shall be autho­
rized provided that the quality of the water conforms to 
the national provisions adopted pursuant to Directives 
90/777/EEC and 80/778/EEC and that the water added 
does not change the n-ature of the drink. 
3. Ethyl alcohol used to dilute or dissolve colorants, 
flavourings or any other authorized additives used in the 
preparation of the said aromatized products must be of 
agricultural origin and be used in the dose strictly neces­
sary to dilute or dissolve colorants, flavourings or any 
other authorized additive. 
4. Detailed rules, including the methods to be used for 
analysing the products covered by this Regulation, shall 
be adopted in accordance with the procedure laid down 
in Article 13. 
Article 5 
1. The oenological processes and practices authorized 
for wines and musts shall be as laid down by Regulation 
(EEC) No 822/87. 
2. Processes for finished products and raw materials 
other than those referred to in paragraph I may be deter-
(I) 0) No L 40, 11. 2_ 1989, p_ 27. mined in accordance with the procedure laid down In 
Article 14. 
Article 6 
1. The use of the descriptions referred to in Article 2 
and in this Article shall be restricted to the drinks defined 
therein, account being taken of the requirements laid 
down in Articles 2 and 4. The descriptions in question 
must be used to describe the said drinks in the Commu­
nity. 
Drinks which do not meet the requirements laid down 
for the drinks defined in Article 2 may not bear the 
descriptions assigned to the latter therein. 
2. (a) The geographical designations listed in Annex If 
may replace the descriptions referred to in para­
graph 1 or supplement them, forming composite 
descri ptions. 
(b) These geographical designations shall be reserved 
for drinks in respect of which the production stage 
during which they acquired their character and 
definitive qualities took place in the geographical 
area indicated, provided that the consumer is not 
misled as to the raw material used. 
3. The sales descriptions referred to in paragraph 1 
may not be supplemented by geographical ascriptions 
allowed for wine products. 
4. Member States may apply specific national rules on 
production, movement within a Member State, descrip­
tion and presentation of the drinks referred to in Annex 
II manufactured within their territories, in so far as such 
rules are compatible with Community law. 
Article 7 
1. The sales description of aromatized drinks contai­
ning wine products and flavourings and with a minimum 
alcohol strength by volume of 1,2 % vol which do not 
comply with this Regulation shall contain no reference to 
wine-sector products. 
2. Aromatized drinks which do not comply with this 
Regulation may not be marketed for human consumption 
by associating words or phrases such as 'like', 'type', 'style', 
'make', 'flavour' or any other similar indications with any 
of the descriptions mentioned in this Regulation. 
3. At the latest six months following the entry into 
force of this Regulation, the Commission shall present to 
the Council an appropriate proposal concerning aroma­
tized drinks which contain wine-sector products, are 
obtained by adding alcohol and which are not covered by 
this Regulation. 
Use of the words used to describe drinks known as 'wine 
cooler' shall be authorized for such drinks until the 
Council has taken a decision on the aforementioned 
proposal. IP/N/1/GBRlG/2 
Page 25 
14. 6. 91 Official Journal of the European Communities No L 149/7 
Article 8 
1. In addition to complying with nation:-d rules 
adopted in accordance with Directive 79/1 12IEEC, the 
labelling, presentation and advertising of the drinks 
referred to in Article 2 shall comply with this Article. 
2. The sales description of the products referred to in 
:\nicle 2 shall be one of the descriptions to be used 
exclusively for such products under Article 6. 
J. The descriptions referred to in Article 2 may be 
supplemented by a reference to the main flavouring used. 
4. Where the alcohol used in the manufacture of the 
drinks covered by this Regulations comes from one sole 
raw material (for example, solely wine alcohol, molasses 
alcohol or grain alcohol), the nature of the alcohol may be 
indicated on the label. 
Should the alcohol come from several raw materials, no 
special indication relating to the nature of the alcohol 
shall appear on the label. 
Ethyl alcohol used in the preparation of drinks covered 
by this Regulation to dilute or dissolve colorants, flavou­
rings or any other authorized additives shall not be 
regarded as an ingredient. 
5. The geographical designations listed In Annex Il 
may not be translated. 
6. The particulars provided for in this Regulation shall 
be given in one or more official languages of the 
Community in such a way that the final consumer can 
readily understand each item, unless purchasers are 
provided with the information by other means. 
7. In the case of drinks originating in third countries, 
use of an official language of the third country in which 
the product has been made shall be authorized if the 
particulars provided for in this Regulation are also given 
in an official language of the Community in such a way 
that the final consumer can readily understand each item. 
8. Without prejudice to Article 11, in the case of 
drinks originating in the Community and intended for 
export, the particulars provided for in this Regulation may 
be repeated in another language; this does not apply to 
the designations referred to in paragraph 5. 
9. In the case of the drinks referred to in Article 2, the 
following may be determined in accordance with the 
procedure laid down in Article 13: 
(a) the special provisions governing the use of terms refer­
ring to a certain property of the product, such as its 
history or the method by which it is prepared; 
(b) the rules governing the labelling of products In 
containers not intended for the final consumer. 
Article 9 
1. Member States shall take the measures necessary to 
ensure that Community provisions relating to aromatized 
wines, aromatized wine-based drinks and aromatized wine-product cocktails are complied with. They shall 
appoint one or more agencies to monitor compliance 
with these provisions. 
In the case of the drinks listed in Annex Il, it may be 
decided in accordance with the procedure laid down in 
Article 13 that such supervision and protection shall be 
effected, for the purposes of movement within the 
Community, by means of commercial documents verified 
by the administration and by the keeping of appropriate 
registers. 
2. For drinks listed in Annex If which are exported, a 
system of authentication documents to eliminate fraudu­
lent practices and counterfeits may be established In 
accordance with the procedure laid down in Article 13. 
If the system referred to in the first subparagraph is not 
introduced, the Member States shall implement their own 
authentication systems, provided that these comply with 
Community rules. 
3. The Council, acting by a qualified maJortty on a 
proposal from the Commission, shall adopt the necessary 
measures for the uniform application of Communitys 
provisions in the aromatized wines, aromatized wine­
based drinks and aromatized wine-product cocktails 
sector, particularly with regard to controls and relations 
between the competent bodies of the Member States. 
4. Member States and the Commission shall communi­
cate to each order the information necessary for imple­
menting this Regulation. Detailed rules for the communi­
cation and dissemination of such information shall be 
adopted in accordance with the procedure laid down in 
Article 13. 
Article 10 
In order to be marketed for human consumption within 
the Community, imported drinks defined by this Regula­
tion and bearing a geographical ascription may, subject to 
reciprocal arrangements, qualify for the supervision and 
protection referred to in the second subparagraph of 
Article 9 (1). 
The first subparagraph shall be implemented by agree­
ments to be negotiated and concluded with the third 
countries concerned under the procedure laid down in 
Article 113 of the Treaty. 
The implementing rules and the list of products referred 
to in the first subparagraph shall be adopted in accor­
dance with the procedure laid down in Article 14. 
Article 11 
Other than in the case of exceptions to be decided in 
accordance with the procedure laid down in Article 13, 
aromatized wines, aromatized wine-based drinks and 
aromatized wine-product cocktails intended for export 
must comply with the provisions of this Regulation. IP/N/lIGBRlG/2 
Page 26 
No L 149/8 Official Journal of the European Communities 14. 6. 91 
Article 12 
I. An Implementation Committee for the drinks covered 
by this Regulation, hereinafter. :eferred to as .the 
'Committee', shall be set up, conslsttng of representatives 
of the Member States and chaired by a representative of 
the Commission. 
2. Within the Committee the votes of Member States 
shall be weight~d in accordance with Article 148 (2) of 
the Treaty. The chairman shall not vote. 
Article 13 
I. Where the procedure laid down in this Article is to 
be followed, the chairman shall refer the matter to the 
Committee either on his own initiative or at the request 
of the representative of a Member State. 
2. The representative of the Commission shall submit a 
draft of the measures to be adopted. The Committee shall 
deliver its opinion on the draft within a time limit which 
the chairman may lay down according to the urgency of 
the questions submitted for consideration. An opinion 
shall be adopted by a majority of 54 votes. The votes of 
the Member States shall be weighted in accordance with 
Article 148 (2) of the Treaty. The chairman shall not vote. 
3. The Commission shall adopt measures which shall 
apply immediately. However, if these measures are not in 
accordance with the opinion of the Committee, they shall 
forthwith be communicated by the Commission to the 
Council. In that event, the Commission may defer appli­
cation of the measures for one month from the date of 
communication. 
The Council, acting by a qualified maJonty, may take a 
different decision within one month. 
Article 14 
1. Where the procedure laid down in this Article is to 
be followed, the chairman shall refer the matter to the 
Committee either on his own initiative or at the request 
of the representative of a Member State. 
2. The representative of the Commission shall submit 
to the Committee a draft of the measures .to be taken. The 
Committee shall deliver its opinion on the draft within a 
time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be deli­
vered by the majority laid down in Article 148 (2) of the 
Treaty in the case of decisions which the Council is 
required to adopt on a proposal from the Commission. 
The votes of the representatives of the Member States 
within the Committee shall be weighted in the manner 
set out in that Article. The chairman shall not vote. 
3. (a) The Commission shall adopt the measures envi­
saged if they are in accordance with the opinion of 
the Committee. . 
(b) If the measures envisaged are not in accordance 
with the opinion of the Committee, or if no 
opinion is delivered, the Commission shall without 
delay submit to the Council a proposal relating to 
the measures to be taken. The Council shall act by 
a qualified majority. 
If, on the expiry of three months as from the date of 
referral to the Council, the Council has not acted, the 
proposed measures shall be adopted by the Commission. 
Article 15 
The Committee may consider any other question referred 
to it by its chairman, either on his own initiative or at the 
request of the representative of a Member State. 
Article 16 
1. In order to facilitate the changeover from the 
present arrangements to those introduced by this Regula­
tion, transitional measures shall be adopted in accordance 
with the procedure laid down in Article 13. 
2. Such transitional measures shall be applicable for 
not more than two years from the date of implementation 
of this Regulation. 
Article 17 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
It shall apply from 17 December 1991 with the exception 
of Articles 12 to 15, which shall apply as from the entry 
into force of this Regulation. However, drinks produced 
and labelled before that date may be disposed of until 
stocks run out. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Luxembourg, 10 June 1991. 
For the Council 
The President 
J.-c. JUNCKER 14. 6. 91 IP/NIlIGBRlG/2 
Page 27 
Official Journal of the European Communities 
ANNEX I 
Characteristics of ethyl alcohol as referred to in Article 3 (d) 
I. Organoleptic characteristics: 
2. Minimum alcoholic strength by volume: 
3. Maximum level of residues 
-Total acidity expressed in g of aceric acid per hI of alcohol at 
lOO % vol: 
-Esters e"xpressed in g of ethyl acetate per hi of alcohol at 100 % 
vol: 
-Aledhydes expressed in g of acetaldehyde per hi of alcohol at 
lOO % vol: 
-Higher alcohols expressed in g of methyl-2 propanol-I per hi of 
alcohol at 100 % vol: 
-Methanol expressed in g per hi of alcohol at 100 %-vol : 
-Dry extract expressed in g per hi of alcohol at 100 % vol: 
-Volatile bases containing nitrogen expressed in g of nitrogen per 
hi of alcohol at 100 % vol: 
-Furfural: 
ANNEX II No detectable taste other than that 
of the raw material 
96,0 % vol 
1,5 
1,3 
0,5 
0,5 
50 
1,5 
0,1 
Not detectable 
Aromatized drinks based on wine products 
Niirnberger Gliihwein 
Vermouth de Chambery 
Vermouth di Torino geographical designations 
referred 10 in Arlicle 6 (2) No L 149/9 IP IN IlIGBRlG/2 
Page 28 
REGULATION (EC}'N(jJj1s/9~PF THE EUROPEAN PARLlAME!':T AND 
OF THE COUi':CIL 
of 22 December 1994 
amending Regulation (EEC) N·of~lSj618'OO. laying down general rul~~ .o~ t~e d.efinition, 
description and presentation of spirit drinks and Regulation (EEC) No 1601I91-.1aymg down 
general rules on the definition, description and presentation of aromatized wines, aromatized 
wine-based drinks and aromatized wine-product cocktails following the Uruguay Round of 
the multilater31 tr3de negotiations 
THE EUROPEAN PARLIAMENT AND THE COUNCIL 
OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European 
Communit)·, and in particular, Articles 43 and 100a 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the Economic and 
Social Commmee (I), 
Acting in accordance with the procedure referred to in 
Article 189b of the Treaty (2), 
Whereas Regulation (EEC) No 1576189 (3) and Regu­
lation (EEC) No 1601191 (~) lay down general rules for 
the definition, description and presentation of spirit 
drinks, aromatized wines, aromatized wine-based drinks 
and aromatized wine-product cocktails; whereas in 
order to take account in the said Regulations of the 
obligations arising, in particular, from Articles 23 and 
24 of the Agreement on Trade-Related Aspects of 
Intellectual Properry Rights, which forms an integral 
(I) Opinion delivered on 24 November 1994 (not yet publIshed 
in the Official journal). 
(2) Opinion of the European Parliament of 13 December 1995 
(OJ No C 369, 24. 12. 1995, p. 1), Council common 
position of 13 December 1994 (not yet publisbed in the 
OffIcial Journal) and Dc:cision of rhe European Parliament 
of 15 Decc:mber 1994 (not yet published In the OffIcial 
journal). 
(3) OJ No L 160. 12.6. 1989, p. L Re~ubrjon as bsr amenJed 
by RegulatIOn (EEC) No 3280192 (OJ No L 327,13.11. 992, 
p.3). 
(4) OJ No L 149, 14.6.1991, p. I. Regubtion as bsr amended 
by Regu/:uion (EEC) No3279/92 (OJ No L 327.13.11. 1992, 
p. 1.). parr of the Agreement establishing the World Trade 
Organization, provision should be made therein for the 
parries concerned to prevent, under certain conditions, 
the unlawful use of geographical designations protected 
by a third country member of the \Y'orld Trade Organiza­
tion, 
HAVE ADOPTED THIS REGULATION: 
Article 1 
1. The following Article shall be inserted after Article 
11 of Regulation (EEC) No 1576189: 
'Article lla 
1. Member States shall adopt all measures necess­
ary to permit those concerned to prevent, under the 
conditions laid down in Articles 23 and 24 of the 
Agreement on Trade-Related Aspects of Intellectual 
Property Rights, the use within the Community of a 
geographical designation identifying products 
covered by this Regulation for products which 
do not originate in the place referred to by the 
geographical designation in question, including in 
cases where the actual origin of the product is 
indicated or where the geographical designation is 
given in translation or accompanied by expressions 
such as 'like', 'type', 'style', 'imitation' or other. 
For the purposes of this Article, 'geographical 
design:Hion' shall mean any indication identifying a 
product as originating in the territory of a third 
countr\· which is J m:::l!bcr of the \X'orld Trade 
Organi'zJtion, or in a regIOn or locallt)· of that 
territory, where a quality, reputation or other specific 
characteristic of that product cm essentially be 
attributed to that gcographiol origin. 2. P::lragraph 1 sh:lll 3pply nQ(withstanding 
;\rtidc 11 of this Regui:lcion Jnd or her provisions of 
Community legislation bying down rules for the 
description and presentation of products covered by 
this Regulation. 
3. Detailed rulcs for the Jpplication of this Arricle, 
",here necessary, shall he adopted in accordance 
wirh the procedure laid down in Article 15.' 
2. The following Articlc is inserted :lfter Article 10 of 
Regubtion (EEC) No 1601/91: 
'Article lOa 
1. Member States shall adopt all measures necess­
ary to permit those concerned to prevent, under the 
conditions bid down in Articles 23 and 24 of the 
Agreement on Trade-Relared Aspecrs of Intellectual 
Propeny Rights, the use within the Community of a 
geographical designation identifying products 
covered by this Regularion for products which 
do not originare in the place referred co by the 
geographical designation in question, including in 
cases where the actual origin of the product is 
indicated or where the geographical designations 
given in translation or accompanied by expressions 
such as 'like', 'type', 'style', 'imitation' or other. IP/N/l/GBRlG/2 
Page 29 
For the purpose.~ of this Article, 'geographical 
Jeslgnation' shall me:ln Jny indic:ltion identifying J 
podu(t :lS originating in the rerrirory of a rhird 
(ounrry which is ::l member of the World Trade 
Or?,Jnlz::lrion. or in :1 region or localiry of that 
rerrirory, where:l quality, reputJtion or other specific 
.:haracreristic of that product on esscnriJlly be 
;1f(rlbureJ ro rhJt gco~raphical origin. 
2. P:lr:l~r:tph 1 shall :1pply notwithstJnding 
.4.riicl~ 10 of this Re?-ubtion and mha pro\'isions of 
Cummunity legislation laying down rules for the 
des.:riprion ~md presentation of products covered ny 
rhi~ Regui:ltion. 
3. Derailed rules for the applic:ltion of rh is Anicle, 
whae necessary, shall be adopted in a~'7ordance 
wirh rhe procedure laid down in Arricle 14~!. 
Article 2 
The Commission shJII submit each year co the Europe:1n 
Parli:1menr and to rhe Council a report on the application 
ot the Instrumenrs in force, backed up by appropriate 
srJtisrical dJrJ. 
Article 3 
1. This Regulation shall enter into force on 1 January 
1995. 
2. Ir shall apply from 1 January 1996. 
This Regularion shall bc= binding in its entir~l)' and direcrly applicable in all Member Srates. 
Done at Brussels, 21 December 1994. 
For the European Parliament 
The President 
K. HANSCH For the Council 
The President 
H.SEEHOFER 